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HomeMy WebLinkAbout11/14/1990 Meeting e M I NUT E S Eugene City Council McNutt Room--City Hall November 14, 1990 11:30 a.m. COUNCILORS PRESENT: Emily Schue, Roger Rutan, Debra Ehrman, Ruth Bascom, Bobby Green, Paul Nicholson, Kaye Robinette. COUNCILORS ABSENT: Shawn Boles. The adjourned meeting of November 7, 1990, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. SWEARING-IN CEREMONY Paul Nicholson and Kaye Robinette were sworn in to their respective positions in City Council Wards 4 and 5 by City Recorder Warren Wong. e II. ELECTION OF CITY COUNCIL VICE PRESIDENT Ms. Schue moved, seconded by Ms. Ehrman, to elect Roger Rutan as City Council Vice President. Roll call vote; the motion carried unanimously, 7:0. III. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER A. Cigarette Vending Ban in New York City Mr. Green announced that relating to a recent council discussion, the City Council of New York City has recently agreed to place a ban on cigarette vending machines in public places. B. League of Oregon Cities Conference Mr. Green said that councilors Schue, Rutan, Robinette, and he represented Eugene at the League of Oregon Cities Conference recently held in Portland. He stated that the recent passage of State Ballot Measure 5 will pose a chal- lenge for the City. Mr. Green also noted that he had an opportunity to at- tend the Board of Directors meeting chaired by Councilor Schue; Ms. Schue has been very effective in that position and will be difficult to replace. e MINUTES--Eugene City Council November 14, 1990 Page 1 e Ms. Schue said that Eugene made a substantial contribution to the success of the conference and agreed with Mr. Green's estimation of the significance of Ballot Measure 5. Mr. Rutan concurred with Mr. Green on Councilor Schue's effectiveness at the conference. He pointed out that the league has adopted a positive, construc- tive approach with respect to Measure 5 and encouraged the rest of the coun- cil to adopt a similar attitude. Mr. Robinette said that the state as a whole will be challenged by Measure 5. With the passage of Measure 5, voters sent a clear message that problems with school funding are a primary concern and need to be dealt with. C. City Employee Free Bus Pass Program Ms. Bascom requested a report on the status and success of the City's employ- ee bus pass program. D. Recycling in Eugene Ms. Bascom noted that the council's agenda packet contained a discouraging report on the costs of recycling in Eugene and asked whether the Refuse and Recycling Board would be handling the City's work program on this issue. Mr. Gleason said staff would bring back additional information on this issue. E. Tree Preservation Ordinance e Ms. Bascom noted that she would be representing the council today at the Board of County Commissioner's hearing on the Tree Preservation Ordinance and asked for the authority to speak on the council's behalf on a number of is- sues. Ms. Schue moved, seconded by Mr. Rutan, to give Councilor Bascom the authority to represent the council's position on the Tree Preservation Ordinance, specifically: to mandate a one-year ordinance, to speak against the automatic sunset clause, and to designate the City Hearing's Official as the appeal body. The motion carried unanimously, 7:0. F. Burning in the South Hills Referring to a letter in the council's packet about slash burning in the south hills, Ms. Ehrman asked whether the council would be interested in drafting a letter indicating concern about burning in close proximity to residential areas. Councilor Robinette declared a conflict of interest and said he would be unable to participate in the discussion because he represents the Pollanskys, a party involved in this issue. e MINUTES--Eugene City Council November 14, 1990 Page 2 e Ms. Schue noted that this issue has been discussed at Lane Regional Air Pol- lution Authority (LRAPA) meetings and pOinted out that while some might like to prohibit burning entirely, there will continue to be debris generated that will require some method of disposal. Ms. Bascom said that it should be made clear in the letter that slash burning should not be prohibited, but burners should be sensitive to residential owners near the burn site. Responding to a question from Mr. Nicholson, Ms. Ehrman proposed that the council draft two letters: one to the State Forester and one to LRAPA. G. Council Committee Vacancies Mayor Miller asked Mr. Rutan to fill the position on the Council Committee on Infrastructure recently made vacant by Councilor Holmer's resignation. Mr. Rutan agreed to serve on this committee. At Ms. Ehrman's request, Mr. Nicholson agreed to fill the position on the LRAPA Board open due to Councilor Bennett's resignation. Mayor Miller noted that the council will soon be filling committee positions for the upcoming year and asked councilors to begin deciding on which commit- tees they want to serve. He noted that the Council Committee on Committees is responsible for making the final decision on all committee assignments. e H. New Councilor Orientation Session Mayor Miller announced that the council will be holding an orientation ses- sion for new councilors in January to review ground rules for council meet- ings and identify ways to enhance the decision making process. Sharon Thorne will facilitate. I. Public Hearing on the Supplemental Budget The council agreed to tentatively schedule a public hearing on the supplemen- tal budget at 5:30 p.m. on December 17 in the City Hall Council Chambers. J. Metropolitan Area Electrical Power Planning Committee Mayor Miller announced his appointment of Greg Evans and Louise Belheimer to the Metropolitan Area Electrical Power Planning Committee. IV. ORDINANCE REGARDING THE APPOINTMENT PROCESS FOR THE BUDGET COMMITTEE Warren Wong, Administrative Services Director, reported on this issue. He said that the proposed ordinance would change the Budget Committee member appointment process to an at-large appointment made by the full council. He indicated that the council packet contained a draft job description for the Budget Committee members. e MINUTES--Eugene City Council November 14, 1990 Page 3 e Ms. Ehrman stated that participation in neighborhood organizations should be a qualification for candidates. The council agreed that this was implied. Mr. Rutan wondered if the council wanted to require as a qualification some period of active City involvement in local government or other public ser- vice. He suggested two years. The council agreed to his suggestion. Ms. Schue cautioned the council about making the qualification process so complex that it would be difficult to get enough qualified applicants. Mr. Green asked how the proposed structure might impact those members cur- rently serving on the Budget Committee. Mayor Miller responded that member reappointment would be the same for this committee as for all other commit- tees. Ms. Bascom said it should be made clear that members can only be reap- pointed one time. In response to a request for clarification from Mr. Nicholson, Ms. Ehrman explained that the council had been dissatisfied with the constituency of the Budget Committee and decided on the need to change the lay member appointment process in an attempt to formulate a more cohesive group. Mayor Miller added that by involving the entire council in the appointment process, the council will be assured of having ownership of the entire Budget Committee. Mr. Nicholson indicated that the budget process is one of the council's most important activities. He said that the effectiveness of the member appoint- e ment process is highly dependent on the constituency of the council which makes the appointment. Whereas the proposed process might work well for the current council, it may not work well for a closely divided council because of the potential for disregarding a minority position. Mr. Rutan felt that the qualification of the ability to speak at pubic forums is too subjective and should be eliminated. The council agreed. Ms. Schue warned the council that if it is intent on the need for participa- tion by wards, this should be stated explicitly. Noting that the current constituency of Budget Committee members would quali- fy under the proposed list of qualifications, Ms. Bascom questioned whether the proposed process would be effective in getting at the council's concerns. Responding to a question from Ms. Bascom, Mr. Wong said that lay members would have staggered appointments which would result in a turnover rate of approximately one third per year. Mr. Rutan said that the council agreed to make strong efforts to recruit members from specific wards in the community; it chose not to mandate ap- pointments by wards to give leeway in those instances when there was a lack of acceptable, qualified applicants. e MINUTES--Eugene City Council November 14, 1990 Page 4 e Mr. Green suggested that the council solicit the Budget Committee's opinion on this issue. Ms. Schue noted that she does not believe the proposed change in selection process will get at the council's concerns. She said that the true problem does not involve the selection process, but rather the issue of how much decision-making authority the council is willing to give to the Budget Com- mittee and, in turn, the degree to which understands and accepts its role. Mr. Nicholson suggested that the council require a super majority of council- ors to make Budget Committee appointments. Ms. Ehrman suggested that the council advertise for applicants but leave the appointment up to individual councilors. CB 4268--An ordinance concerning the Budget Committee; amend- ing Section 2.103 of the Eugene Code, 1971; and de- claring an emergency. Ms. Schue moved, seconded by Mr. Rutan, 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, 7:0. Council Bill 4268 was read the second time by number only. e J Ms. Schue moved, seconded by Mr. Rutan, that the bill be ap- proved and given final passage. Roll call vote; on a 6:1 vote with Councilor Nicholson dissenting, the bill was declared passed (and became Ordinance 19736 ). v. DIRECTION REGARDING LIBRARY PROPOSAL Tony Mounts, Acting Financial Management Service Director, gave the staff presentation. He noted that with the passage of State Ballot Measure 5, the list of possible financing mechanisms for library funding has changed and, as a result, staff needs additional direction for developing financing propos- als. Staff has developed the following list of possible options for council consideration: I} Seek voter approval of site only. 2} Postpone project until adequate information on the impact of Bal- lot Measure 5 has been obtained. 3} In March election, seek voter approval on site and Capital financ- ing for library construction and making bond issuance contingent on the identification of funding for library operation. e MINUTES--Eugene City Council November 14, 1990 Page 5 e 4) In March election, seek voter approval on site and capital financ- ing, but issue bonds for project construction and commit to find an alternative revenue source for library operation prior to its opening. 5) In March election, seek voter approval on both the site and a financing proposal. Mr. Mounts recommended that the council choose either of the first two op- tions. He noted that Assistant City Librarian Carol Hildebrand was available to answer questions. Responding to a question from Ms. Ehrman, Mr. Gleason said that the community seemed to support the former Sears building as the future library location. He explained that the library funding decision would come before the voters at approximately the same time as the discussion about the future structure of local government. It would be difficult to have a rational discussion and gain support for library funding amid discussions about major fee increases and service cutbacks. Mr. Gleason said that the largest predicament in terms of financing for a new library is how to pay for library operation (i.e., additional staff and main- tenance costs). He predicted that the number of people who will use a new library would double, resulting in a large demand for additional personnel. If the City is unable to meet that demand, marginal service operation will result. Mr. Gleason noted that it would be unfair to prejudge what the com- e munity may want to do in terms of library service. For instance, it may choose increased library service vis-a-vis a reduction in another service. A serial levy can no longer serve as a means of potential library operations. Mr. Rutan noted that the full impact of Ballot Measure 5 is still uncertain and said that the council does not have all of the information necessary to make a final decision on the library. He suggested that the council move forward on its work plan for developing a library proposal so that it could be in a position to make final decisions before a March election. Responding to a question from Ms. Schue, Mr. Gleason said that the potential to include land and furnishings in bonding has been considered in discussions about Measure 5. He also noted that the opportunity to capitalize books has been considered but that a specific proposal has not been put together. Ms. Bascom said that it has been estimated that the cost for operating one floor of the new library would be the same as operational costs for the cur- rent library. Mr. Gleason expressed his reservations with taking such an action, believing that the community would be greatly disappointed with a compromised library operation. Ms. Ehrman said that in order for the council to maintain its momentum, it should seek, at a minimum, a March vote on library siting. She pointed out that it would be at least two years before the library could be opened, which e MINUTES--Eugene City Council November 14, 1990 Page 6 e should be ample time to receive community consensus on the means of funding for library operation. Mr. Robinette expressed concern with proceeding to library construction in light of the financial uncertainty of Ballot Measure 5. He noted that the City can expect to have difficulty generating revenue for all City services and said that the council should not attempt to separate the question of library service from other services. Mr. Robinette cautioned the council that the State might not only refuse to make up the City revenues lost as a result of Measure 5, but might also may withdraw additional revenues. Responding to a question from Mr. Robinette, Mr. Gleason estimated that the cost of the March election would be approximately $20,000. Responding to a question from Mr. Rutan, Mr. Wong said that the implementa- tion rules for Ballot Measure 5 being drafted by the legislature now will determine largely what further impacts Measure 5 will have. The City has identified property taxes, State-shared revenues, and, most recently, Users' fees and charges as possible sources of lost revenues. Mr. Nicholson said that the library-siting decision carries with it the ne- cessity to purchase the property. He felt that the siting decision should be separated from the discussion of library operation. Mr. Green said that it would not be prudent to agree to library construction without having identified sources for its operation. He expressed support e for proceeding with a decision on the site alone. Ms. Schue pointed out that Ballot Measure 5 did not pass within the city limits of Eugene and noted that voter approval of a new tax base for for lane Community College serves as evidence that voters are willing to pay for projects they really want. The library may be one of those projects. Ms. Ehrman said that the council should proceed with an analysis of financing options. If solutions do not avail themselves, the council could still fall back on the site-only question. Mr. Rutan said that if site approval means site acquisition as well, it must be made clear up front. He concurred with Ms. Ehrman that the council should proceed with a financial analysis with the understanding that it does not have to make a decision. Responding to a question from Mr. Nicholson, Mr. Rutan said that it is not clear property tax support of library operation would be explicitly prohibit- ed. He indicated that some sessions at the recent Oregon league of Cities conference have indicated that as long as the tax is not a function of prop- erty ownership, it would not be illegal. However, he also cautioned that this may be a form of financial maneuvering that the council may not want to become involved in. e MINUTES--Eugene City Council November 14, 1990 Page 7 e Mayor Miller summarized the council's direction on this issue. The council offered its support to proceed as follows: 1) to seek voter approval of a siting decision on a March ballot, and 2) to receive additional information at the December 17 meeting on site acquisition costs and an analysis of li- brary financing, taking into account possible impacts of Ballot Measure 5. (Councilor Ehrman left at 1 p.m.) VI. WORK SESSION: PROPOSED 1991 LEGISLATIVE POLICIES Linda Lynch, Intergovernmental Relations, updated the council on this issue. She noted the function of this document is twofold: 1) to aid the council in deciding what issues it will put the most effort into and what positions will be taken and 2) to put the City's official position in writing for members of the legislature. Ms. Lynch noted that this document has been formatted slightly differently from previous documents to anticipate that the audience (members of the leg- islature) will need slightly different information. She noted that this draft is not in final form. An introductory letter from the Mayor will be added, as well as appendix information concerning the City of Eugene, and any other information that council may direct. Ms. Lynch said that the major themes recurring throughout the document are to retain local flexibility or local options on new revenue sources, to continue e searching for more tools and opportunities to generate revenue, and to con- tinue support for the University of Oregon. Ms. Lynch suggested that the transportation policy be examined separately from the other policies. Mr. Green asked how much time is being anticipated for the City to coordinate efforts with the University of Oregon work and, in turn, whether the City is on the University's legislative agenda as well. In response, Ms. Lynch said that the amount of staff time with the University has declined over the past several years and would not be a significant portion of the City's time. She also noted that the University, as part of the State system, has less flexi- bility in deciding which issues to lobby. The University has been involved primarily in housing and transportation issues; the work that the University has done has been very helpful for the City. Mr. Gleason indicated that this year the University will also be an important part of the public safety de- bate. Ms. Schue explained that the council routinely adopts the minutes of the Intergovernmental Relations Committee even though the sessions are not at- tended by the full council. It is the policy of that committee to bring to the council's attention particular issues of importance or concern. e MINUTES--Eugene City Council November 14, 1990 Page 8 e Ms. Schue moved, seconded by Mr. Rutan, to approve the Inter- governmental Relations Committee minutes of October 25, 1990. Roll call vote; the motion carried unanimously, 6:0. Ms. Schue moved, seconded by Mr. Rutan, to adopt the 1991 Legislative Policy Document. Roll call vote; the motion car- ried unanimously, 6:0. The council discussed the legislative policy on transportation. As indicated in the council's agenda packet, expenditures from the Highway Trust Fund should continue to be dedicated to a comprehensive integrated system of streets and highways. Long-term preservation of the existing public invest- ment in the transportation systems should be the first funding priority for Trust Fund revenues. In addition, the draft policy listed the following possible uses of the Trust Fund: 1) bikepath right-of-way acquisition, construction and maintenance; 2} State police in an amount related to State highway enforcement efforts; 3) State parks; 4) public transit; 5) alternative transportation modes, including but not limited to light rail, electric trolley, and shuttle bus systems; 6} energy conservation; and 7) safety programs e Ms. Schue spoke about the debate over the distribution of the Highway Trust Fund and said that this issue will have to be worked through in more detail in the future. She informed the council that conversations which are occur- ring at the State level are advocating a multi-modal type of package. Mr. Gleason noted the tremendous effort that went into shifting streets and roads off the General Fund to make room for other important uses such as police and fire services. He spoke about the impact to police and fire ser- vices that would occur if General Fund revenues were used for schools and cautioned the council against allowing State access to local government's transportation revenues. Referring to the above list, he advised the council to support 1, 4, and 5. Ms. Bascom said that the State government feels that highways and roads are an adequately funded program. Mr. Gleason said that although this was once accurate, it is no longer true because of the loss of State shared revenues. Ms. Schue moved, seconded by Mr. Rutan, to limit the council's support for Highway Trust Fund utilization to options 1, 4, and 5 as indicated in the council's November 14 agenda packet. The motion carried unanimously, 6:0. VII. WORK SESSION: METRO LICENSING SYSTEM FOR PUBLIC PASSENGER VEHICLES e MINUTES--Eugene City Council November 14, 1990 Page 9 Greta Utecht, Planning and Development Department, gave the staff report. e She said that Eugene and Springfield staff have jointly developed a proposal for a metropolitan system for regulating public passenger vehicles. Under the recommendations, companies would require a business license, vehicles would require a permit, and drivers would require certification. The propos- al has been crafted in response to concerns that some companies may be oper- ating without adequate insurance, placing customers at risk, and issues con- cerning vehicle safety, driving practices, and rates charged to passengers. Ms. Utecht said that two industry forums have been held on the proposed ordi- nance. Most of the concerns will center around the proposed fee, the insur- ance requirements, and the vehicle inspection requirements. The proposed fees for business and vehicles are set at 100 percent of the cost of issuance and administration; the proposed fees for drivers are set at 58 percent of that cost. She stated that insurance requirements are placed at the State tort level, which is $500,000. This could cost the operators between $3,500 and $5,000 per vehicle annually. Ms. Utecht cautioned that if the City li- censed a company whose vehicle's insurance was under the State tort level for insurance, the City could be held liable for the difference. Ms. Utecht said that recognizing the burden which will be placed on opera- tors, the City has attempted to provide relief to them in a number of ways, including a temporary certification process and instituting a cap on the total number of companies which can be licensed in the area. In response to a question from Mayor Miller, Ms. Utecht said that the City e cannot levy business licenses against any company located outside the city limits, unless that company is picking up. Ms. Bascom asked about the reasoning behind recommending a cap on the number of vehicle operators. Ms. Utecht explained that vehicle operators felt that the number of companies is already at the upper limit of capacity for the current population density. Mr. Nicholson argued against placing a cap on the number of operators, noting that the industry should and would be self-regulating. Mr. Rutan requested additional information on how the proposed licensing fees relate to the gross volume of operation for an average business and an esti- mate of the projected impact on vehicle operators. Ms. Utecht noted that the type of information requested is difficult to retrieve because the City has no authority to request that information from the operators. Mr. Rutan voiced concern that some of the proposed regulations go too far. For instance, he expressed opposition to instituting a color requirement. Ms. Utecht explained that the color requirement has been requested by the Department of Public Safety to help aid in easy recognition of each cab com- pany's vehicles. The meeting adjourned at 1:40 p.m. e MINUTES--Eugene City Council November 14, 1990 Page 10 Respectfully submitted, e --"- ~~L:~~:1 Micheal Gleason City Manager (Recorded by Traci Northman) mncc 111490-1130 e e MINUTES--Eugene City Council November 14, 1990 Page 11