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HomeMy WebLinkAbout03/06/1991 Meeting - e e M I NUT E S Eugene City Council McNutt Room--City Hall March 6, 1991 11:30 a.m. COUNCILORS PRESENT: Debra Ehrman, Ruth Bascom, Paul Nicholson, Randy MacDonald, Bobby Green, Kaye Robinette. COUNCILORS ABSENT: Roger Rutan, Shawn Boles. The adjourned meeting of March 4, 1991, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. WORK SESSION: STRATEGIC PLANNING Barbara Bellamy, City Manager's Office, said that this is a continuation of the council's March 2 meeting regarding strategic planning process design. She walked through phases III and IV of the proposed plan and discussed al- ternative methods of citizen involvement. She noted that it has been pro- posed that the citizen/council team, mentioned in Phase III of the plan, might consist of approximately 21 members, including the Mayor and council and 13 other members representing a broad range of constituencies in the community. Mr. Nicholson suggested that some opportunity be allowed for interested citi- zens to create and present their own complete scenarios before narrowing the list of scenarios to five. This would allow an opportunity for special- interest groups to become fully involved in this process, eliminating the possibility that they might feel excluded. He suggested that each group might be given an outline from which to work. Mr. MacDonald offered his support for this suggestion, noting that it would demonstrate the City's commitment to making this an inclusive process. The council discussed this suggestion and where this step might be best placed in the design process. It agreed that this option should be included within the proposal. Ms. Bellamy asked the council to decide on a name of the process. Sugges- tions for names have been included in a memorandum distributed previously to the council. The council agreed to name the process "Eugene Decisions." The council also offered support for the plan design as outlined. Based on preliminary council approval, Ms. Bellamy said that staff would begin pre- MINUTES--Eugene City Council March 6, 1991 Page 1 e paratory information gathering, schedule a workshop for public review, and, based on that input, work on a more detailed process design. II. BALLOT TITLE APPEAL: DOWNTOWN DESIGN e City Manager Mike Gleason introduced the topic. Bill Gary, City Attorney's Office, gave the staff presentation. He reviewed the process and criteria for ballot title preparation and appeal, contained in Section 2.977 of the Eugene City Code. He noted that City Code criteria for ballot title creation is superseded by State law. Oregon Revised Statutes (ORS) 250.035 stipulates that the ballot title must contain a caption of 10 or less words which rea- sonably identifies the subject matter of the measure; a question of 20 words or less which plainly phrases the chief purpose of the measure; and a concise and impartial statement of 85 words or less which summarizes the measure and its major effect. Mr. Gary said that the ballot title that has been prepared by the City Attorney's Office complies with statutory requirements; the bal- lot title alternative submitted by the appellant also meets those criteria. Responding to question from Ms. Ehrman, Mr. Gary said there is no legal re- quirement mandating that fiscal impacts be included in the measure. If such information is not included in a measure, it has been the City's past prac- tice to communicate this information during the public information process. He noted that it has not been his practice to include the fiscal impacts of a measure in the ballot title unless such impacts are included in the measure itself. Richard Miller, ballot title appellant, summarized his reasons for ballot title appeal. Responding to a question, Mr. Gary said that this appeal does not constitute a quasi-judicial proceeding, but rather a legislative proceeding. Therefore quasi-judicial procedures do not apply in this instance. Mr. Miller asked councilors to disclose any ex-parte contacts they may have had with other councilors or staff members. Mr. Gary clarified that the public meetings law applies to all deliberations taking place during this meeting. Mr. Gleason recommended that the council follow its normal proceedings with this meeting. Mr. Miller said that he believes he is entitled to a judiCial decision on this matter. He requested that Mayor Miller ask councilors to disclose all ex-parte contacts, the substance of those conversations, and the effect of those conversations on their opinions about this issue. Responding to a question from Mayor Miller, Mr. Gary reiterated that because this is a legislative proceeding, the council is neither prohibited nor re- quired to disclose ex-parte contacts. e MINUTES--Eugene City Council March 6, 1991 Page 2 e Mr. Miller stated that he is making this appeal on his own behalf. In gener- al, Mr. Miller voiced concern that this ballot title is neither impartial nor accurate. He outlined specific concerns and made the following suggestions for clarification to portions of the ballot title: 1. The current ballot title inaccurately and prejudicially uses the word "renovation" rather than "reconstruction." He suggested that the ordinance consistently use the word "reconstruction." 2. The ballot title should use the term "extensive" rather than "partial" when referring to the extent of mall reopening. He felt that the term "extensive" reflects more accurately the intent of the ordinance. 3. He proposed that the current ballot question be replaced with the following: "Shall Downtown Mall be reconstructed substantially like proposed design, including opening Willamette, Olive, and East Broadway to Vehicles?" He felt that the proposed question is more accurate and inclusive. e He proposed replacing the first sentence of the Ballot Explanation with the following: "upon voter approval of ordinance, City will reconstruct mall substantially like the design including opening Willamette and Olive streets and East Broadway to two lanes for cars, truck, buses, trolleys, and bicycles." He noted that the word "sub- stantially" is the most accurate term which could be used in this instance. Also, the substitute sentence is more inclusive and accu- rate than the one prepared by the City Attorney. 5. He proposed that sentence 2 of the ballot explanation be replaced with the following: "Design includes reduced pedestrian and plaza area. Linkage to Park Block on land which may be condemned." He felt that this sentence is more inclusive and accurate; the possibility for property condemnation as part of the Park Block linkage component should be stated explicitly. 4. 6. He proposed that sentence 3 of the ballot explanation be reworded in the following manner: "Willamette Street and East Broadway would have unique pavement. They may be closed to traffic and plaza expanded for events. Repeals law creating mall." He felt that this sentence re- moves the vagary imposed by the terms "convertabil ity" and "special" and states outright that the ordinance which created the mall will be repealed. 7. He proposed that the last sentence of the ballot title statement be reworded to refer to the possibility of a design phase-in. He sug- gested the following: "Projects phased-in. Estimated cost, $3,200,000." 8. He said that the fiscal impacts of the measure should be included in the measure. Although the City is not legally obligated to include fiscal information, this information is important for Eugene citizen's e MINUTES--Eugene City Council March 6, 1991 Page 3 e e e and, to the extent that the ballot title is to provide accurate infor- mation, he felt that fiscal impacts should be included. Mr. Gary noted the difficulties of crafting a ballot title and asked the council to remain aware that the ballot title is not the sole means by which the public is to be informed. He responded to the points raised by the ap- pe 11 ant: Regarding whether the measure should refer to a "partial" opening to vehi- cles, Mr. Gary said that the measure intends to provide an incomplete opening of the mall to vehicles. The term "extensive" is value-ladened; "partial" is more accurate. Regarding use of the phrase "reconstruction" versus "renovation", he said that the ordinance uses the word "renovation" because the measure does more than simply provide for reconstruction. The term "reconstruction" is always used in conjunction with the word "redesign." The term "reconstruction" seems to demonstrate an entire reconfiguration of streets in the mall. Regarding the use of the term "convertibility," Mr. Gary said that it was very important to the Downtown Design Committee that the ordinance capture the essence of this term. Mr. Gary acknowledged that this language could be clarified. Regarding the park linkage component of the plan, Mr. Gary cautioned the council that Councilor Ehrman's version of the draft incorrectly represents the intent of the plan in saying "possible" linkage to the park blocks. Mr. Gary said that the ordinance requirement that the plan be implemented substantially consistent with the the design is important. It demonstrates, at a minimum, that the ordinance would not accommodate greater traffic than the design itself anticipates. With respect to condemnation, Mr. Gary said that the ordinance does not ad- dress condemnation, which is only one of many possible tools for property acquisition. He felt that it would be a mistake to highlight condemnation in the ordinance. Regarding the allowance of vehicles on Willamette Street, Mr. Gary said that it would be inaccurate to say that the ordinance allows for "trucks and buses to be permitted on Willamette Street" because this is a regulatory matter. Mr. Gary said that it is important to convey the "partial" reopening of the mall, particularly given the nature of the upcoming Charter Amendment. Mr. Gary recommended that the council not include fiscal impacts in the ordi- nance because they are not stated in the ordinance and would be inconsistent with Statutory requirements. MINUTES--Eugene City Council March 6, 1991 Page 4 e The council began discussing modifications to the ballot title. Ms. Ehrman submitted her own versions of the ballot title information for council con- sideration. Mr. MacDonald moved, seconded by Ms. Ehrman to substitute the word "reconstruction" for "renovation" in the ballot title. Mr. Nicholson supported this change because "renovation" carries the sense of renewing; "reconstruction" better represents the design. The motion carried 5:1, with councilors Ehrman, Nicholson, MacDonald, Robinette, and Green voting in favor, and Councilor Bascom voting opposed. Mr. Nicholson moved to delete the word "partial" from the ballot title. The motion died for a lack of a second. Mr. MacDonald moved, seconded by Ms. Ehrman to substitute the following wording for the ballot question: "Shall the pro- posed downtown mall redesign, including opening Willamette, Olive, and part of East Broadway streets to vehicles be ap- proved?" e Mr. Gary voiced concern that the ballot question wording submitted for re- placement does not capture the important information that if approved, the City is binding itself to the design. Ms. Ehrman said that she reworded the ballot question to correspond with the council's initial intent with respect to the measure--to ask for citizen approval of the conceptual design. Mr. Gleason said that the Downtown Design Committee stated emphatically that their approval of the design was contingent on the linkage of the design to its implementation. The motion failed 3:4; with councilors Nicholson, Ehrman, and MacDonald voting in favor, and councilors Bascom, Green, Robinette, and Mayor Miller voting opposed. Mr. Nicholson moved, to substitute the following (appellant's version) for the ballot question: "Shall downtown mall be reconstructed substantially like proposed design, including opening Willamette, Olive, and East Broadway to vehicles?" The motion died for lack of a second. Ms. Bascom moved, seconded by Robinette, to adopt the City's Attorney's initial version of the ballot question, amended to include the word "reconstruction" in place of "renovation." The motion carried unanimously, 6:0. e MINUTES--Eugene City Council March 6, 1991 Page 5 e Mr. MacDonald moved, seconded by Ms. Ehrman, to substitute the word "alterations" for "improvements." The motion carried unanimously, 6:0. Mr. Nicholson moved, seconded by Ms. Ehrman, to substitute the following sentence in the ballot explanation: "Willamette Street and East Broadway would be designed to permit street closure for special events." The motion carried unanimously, 6:0. Ms. Bascom moved, seconded by Mr. Robinette, to add the phrase "subject to revenue availability," to the last sentence of the ballot explanation. The motion carried unanimously, 6:0. Ms. Ehrman said that it is important to include estimated costs on the ballot title because some voters may not receive this information through any other medium. Mr. Nicholson agreed. Ms. Ehrman moved, seconded Mr. Nicholson, that the last sen- tence of the ballot explanation include the following: "Esti- mated $3.2 million." Mr. MacDonald asked if it would be possible to attach fiscal information to the ballot information presented to citizens in the voting booth. Mr. Gleason said that it would not be legal to include such additional informa- tion. e Mr. Green said that adding cost information complicates the question; if the public is interested in knowing the cost, it will make an effort to locate this information. Roll call vote; the motion failed 2:4; with councilors Ehrman and Nicholson voting in favor, and councilors Green, Bascom, MacDonald, and Robinette voting against. Mr. Gary summarized the changes to the ballot title information as follows: Ballot Title: Approves downtown mall reconstruction design including partial opening to vehicles Shall downtown mall reconstruction be conducted pur- suant to the proposed design including opening Willamette, Olive, and East Broadway to vehicles The proposed ordinance adopts a design for reconstruc- tion of the downtown mall and authorizes opening Willamette and Olive streets and part of East Broadway to motor vehicles and bicycles according to the de- sign. The proposed design includes pedestrian areas, plaza alterations, and improved linkage to the park blocks. Willamette Street and East Broadway would be Ballot Question: Ballot Explanation: e MINUTES--Eugene City Council March 6, 1991 Page 6 e e e designed to permit street closure for special events. If approved, the council will adopt a phasing schedule for the project subject to revenue availability. Mr. MacDonald moved, seconded by Ms. Bascom, to adopt the amended ballot title. Mr. Nicholson said that he thought the word "redesign" was used in place of the word "reconstruction" in the ballot question. Ms. Bascom moved, seconded by Mr. Robinette, that the follow- ing wording be submitted for the ballot question: Shall down- town mall reconstruction be conducted pursuant to the proposed design, including opening Willamette, Olive, and East Broadway to traffic. The motion carried, 5:1; with councilors Bascom, Robinette, MacDonald, Green, and Ehrman voting in favor, and Councilor Nicholson voting opposed. Roll call vote; the motion carried 4:2; with councilors Bascom, Robinette, Green, and MacDonald voting in favor, and councilors Ehrman and Nicholson voting opposed. III. SOLID WASTE ISSUES Greta Utecht, Planning and Development Department, gave the staff presenta- tion. She introduced Paul Scott, Chair of the Solid Waste and Recycling Board (SWRB), who informed the council of recent board activities. Based on the results of a recent study, the board is in the process of examining the residential rate structure for garbage collection. A recommendation should be presented next month. Mr. Scott said that in the past, rates have been based on the cost of provid- ing service. However, policy goals of encouraging waste reduction and recy- cling can be more effectively obtained through a rate structure that is based on the volume of waste collected. He noted that moving immediately to a volume-based rate structure would have a dramatic impact upon some customers. In order to incorporate waste reduction goals while at the same time provid- ing a reasonable rate of return for the haulers, the board is considering a proposal that would phase in the volume based structure. In addition, the recycling rebate would continue to be available. Mr. Scott indicated that haulers had considerable opportunity to provide feedback on the rate proposal. As a part of the rate discussion, hauler's have asked the City to look into the possibility of granting haulers exclu- sive collection territories, which they feel would increase both efficiency and their ability to provide recycling services. After conducting a prelimi- nary review of exclusive territories, staff has indicated that such an option warrants further exploration. Staff is asking for feedback from council on this issue. MINUTES--Eugene City Council March 6, 1991 Page 7 e e e Mr. Scott said that in addition to work on exclusive territories, the board's potential work program items include: multi-family, commercial, and indus- trial recycling requirements, a yard debris collection system, proposing land- use and building code amendments to allow for more neighborhood recycling centers, more education and promotion for recycling, and encouraging a market for recycling. The board hopes to gain a sense of the council's priorities on the work program items. Mr. MacDonald expressed support for the volume-based rate structure, but noted that it should be phased-in to accommodate the needs of the community. He also expressed an interest in exploring the concept of exclusive territo- ries. Responding to a question from Mr. MacDonald, Ms. Utecht acknowledged that moving immediately to a volume-based rate structure would result in a dramat- ic increase in rates for 90-gallon roll cart containers and a drop in rates for the 32-gallon pack-out containers. Such a shift in the rate structure would cause a large number of customers to migrate from the 90-gallon con- tainer and leave haulers with an unusable investment. In addition, 32-gallon cans are less efficient to collect. For this reason, the board is looking at a phased-in approach, using a combination of a volume-based structure and a structure based on the cost to provide service. Mr. Gleason commented that the type of collection system operating in Eugene is more expensive than other systems because of the degree of competition that it allows. It is in the City's interest to move in the direction pro- posed by the board, particularly in light of the City's goals for recycling and waste reduction. He noted, however, that transition to this type of system will be a long-term agenda item. Responding to a question from Mr. Robinette, Ms. Utecht described what is likely to occur if the City began licensing haulers for exclusive territo- ries, namely that haulers' costs would drop with reduced competition which, while not necessarily lowering customer costs would likely stabilize these costs over the long run and the higher level of licensing fees that would be generated through such a system would allow the community to focus more heav- ily on long-term solid waste goals. Mr. Nicholson offered his support for an exclusive territories system, but noted that he has had the opportunity to experience the transition to such a system in another city where the decreased competition resulted in a dimin- ished quality of service. If Eugene does move toward this type of system, he suggested that the rate structure should take into account the increases in efficiency which are being given to the haulers and that a set of performance standards be provided to the haulers to maintain a sufficient level of ser- vice. Ms. Utecht explained that under the proposed exclusive territories system, the City would require haulers to maintain their licenses under the current terms and ordinance provisions. This would allow the City the ability to regulate standards and penalize haulers who are not meeting those standards. MINUTES--Eugene City Council March 6, 1991 Page 8 . , ~ Ms. Ehrman offered support for an exclusive territories system. IV. AMENDMENT TO THE NUISANCE ORDINANCE Marsha Miller, Planning and Development Department, gave the staff presenta- tion. The proposed code amendment to the Nuisance Ordinance would allow a private party to pursue litigation and abatement of a public nuisance. She explained that in some instances, such as when there are no health and safety issues involved, it may not be in the public's interest to invest time and money into code enforcement. Recreational vehicle parking and sign code violations are two such examples. This ordinance would allow private parties the ability to pursue ordinance enforcement. e Ms. Ehrman said that if the City is to pursue this ordinance, it should ex- plore methods of lowering the private parties' costs of pursuing enforcement. Responding to a question from Mr. Nicholson, Mr. Gary said that Deschutes County has a similar provision for a private writ-of-action to abate a public nuisance. Unlike that ordinance, this ordinance contains a provision giving the government the right of first refusal. Ms. Ehrman moved, seconded by Mr. Robinette, to direct staff to proceed with a change of the Nuisance Ordinance. Roll call vote; the motion carried unanimously, 6:0. VI. UNIVERSITY OF OREGON ISSUES John Moseley, Vice President for Research at the University of Oregon, briefed the council on the University's efforts for housing research. He noted that several years ago the University designated housing as a high- pri ority issue. Dr. Moseley introduced Don Corner, Director of the University's Center for Housing Innovation, who reviewed the University's housing efforts. The goal of the Center for Housing Innovation (CHI) is to address the design and de- velopment of affordable, energy-efficient housing that would improve the economic competitiveness of Lane County. Mr. Corner highlighted some of the major projects of CHI, including: energy-efficient industrialized housing (EEIH), background research on housing production capabilities in the US, an extensive analysis of foreign technologies, a project involving the develop- ment of design scenarios for the future, and a software development project. Mr. Corner said that a second major project, the Lane Innovative Housing Initiative (LIHI), is in final review at the Oregon Economic Department and seeks to set up two funds to stimulate housing activity in the area: the industrial housing venture fund and a research and development matching grant fund. e MINUTES--Eugene City Council March 6, 1991 Page 9 e e e Mr. Corner said that a third major housing project being worked on by the University is an experimental housing project which proposes the construction of six units of experimental housing in the east campus area and will examine issues such as unit size and type, production technology, and energy-effi- ciency. Mr. Corner also noted that the University has also worked with the Bohemia Corporation in developing design applications for glue-laminated timber prod- ucts. He distributed a report of a project done by University students and faculty demonstrating the design possibilities for a building in the River- front Research Park. Responding to a question from Mr. Nicholson, Dr. Moseley said that matching grant moneys are not yet available. Dr. Moseley indicated that because the council is running out of time, he would have to postpone until a later date a report on the Oregon Department of Higher Education's budget process and proposed cuts at the University. VI. ITEMS FORM THE CITY COUNCIL, MAYOR, AND CITY MANAGER A. Request for Funding Mr. Green noted that the local chapter of the NAACP is requesting $2,300 to send delegates representing the Mayor and the City Council to the 1991 NAACP conference in Sacramento, California, to secure the 1993 national convention in Eugene. At Mr. Green's request, the council gave its authorization for the prelimi- nary staff work needed to process this request. The meeting adjourned at 2 p.m. Respectfully submitted, ,~,f~r.. Micheal Gleason City Manager (Recorded by Traci Northman) mncc 030691-1130 MINUTES--Eugene City Council March 6, 1991 Page 10