HomeMy WebLinkAbout05/20/1992 Meeting
e
e
e
M I NUT E S
Eugene City Council
McNutt Room--Eugene City Hall
May 20, 1992
11:30 a.m.
COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman,
Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger
Rutan.
The adjourned meeting of May 13, 1992, of the Eugene City Council was called
to order by His Honor Mayor Jeff Miller.
I. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER
A. Proposed Sewer User Fee Increase
Mr. Rutan recalled that the council previously received the proposed sewer
user fee increase and councilors were asked to contact staff with any
concerns. He said the topic was discussed by the Council Committee on
Infrastructure and the Metropolitan Waste Management Commission; both are
recommending adoption of the new rates.
B. Siting of the Lane Transit District Station
Mr. Rutan said he has the proposed agenda for the Lane Transit District (LTD)
Station siting process. He expressed concern with the involvement of the
council late in the process and the extended time line. He suggested the
council send a representative to the meeting of the LTD board this evening
with the message that the council supports the project and wants very much to
be involved in the ongoing process.
Mr. Boles agreed with Mr. Rutan but suggested the matter be brought up at the
meeting of the Metropolitan Policy Committee by Ms. Bascom at its May 21
meeting. Ms. Bascom agreed to do so.
The council agreed to present a letter to the LTD board this evening
advocating for expansion of those involved in the process and indicating that
the City wants to be an active participant in the siting of the station. Ms.
Ehrman agreed to attend the board meeting this evening and present the
letter.
MINUTES--Eugene City Council
11:30 a.m.
May 20, 1992
Page 1
e
C. Tax Court Ruling
Mr. Rutan said that the recent Tax Court ruling may have an impact on the
Olive Street opening project and asked for the City Attorney's Office
interpretation.
e
City Attorney Bill Gary said the City of Portland case does not affect the
power of the Urban Renewal Agency to make expenditures at all. He said that
the question is whether bonded indebtedness incurred by the agency is under
or outside the cap. Regardless of the Portland case, the net result is that
the City of Eugene is not directly affected now. It may have a future effect
in the event that the Supreme Court affirms the Tax Court decision. He
explained that under the statute that was adopted to implement Ballot Measure
5, each jurisdiction is required to classify its bonded indebtedness as
inside or outside the cap. The Eugene Urban Renewal Agency (URA) classified
all its bonded indebtedness as outside the cap. That triggers a period of
time when any collection of electors may file a legal challenge to that
classification. The City of Portland opted to file a declaratory action
itself to get a determination. The City of Eugene was a party to the suit
but withdrew when a group of electors filed a challenge to its
classification. The suit challenging Eugene's classification was dismissed
at the request of the plaintiffs, with prejudice. Furthermore, the time
frame for challenging the classification has expired. Therefore, the
classification made by the URA stands and is not subject to challenge.
Future classifications, however, may be impacted by the decision.
Responding to a question from Mr. Rutan, Mr. Gary said that what is a proper
use of URA funds may change, impacting future decisions.
Mr. Boles reminded the council that it expects a report back on the design of
the intersection of Broadway and Olive Street before the project goes
forward.
D. Change of Maximum Speed-Reconsideration
Ms. Bascom expressed gratitude for the staff reconsideration of maximum speed
designation on Patterson Street.
E. Willamette Institute of Science and Technology (WISTEC)
Ms. Bascom said that WISTEC is doing well under new leadership.
F. Mike Barba
Mr. Boles expressed sorrow at the death of Mike Barba and said he should be
remembered for his positive contributions to the community.
e
MINUTES--Eugene City Council
11:30 a.m.
May 20, 1992
Page 2
e
G. Storage Tank Removal Issue
Mr. Green said that an issue has arisen over the removal of an aboveground
storage tank from a business on Highway 99. He is working with the owner and
the City's Hazardous Materials Task Team for resolution of the problem.
Mr. MacDonald arrived at the meeting.
H. Parks and Recreation Commission
Mr. Green reported on the Parks and Recreation Commission's meeting, saying
the commission expressed concern that it was not involved in the decision to
combine the maintenance divisions of Public Works and PARCS.
I. Roosevelt Middle School's Mentor Program
Mr. Nicholson introduced Ethan Lindsey, a student involved in the Roosevelt
Mentor Program.
J. June 29 Process Session
Mr. Robinette received confirmation that the process session scheduled for
June 29 will begin at 5:30 p.m.
Mayor Miller adjourned the meeting of the City Council and convened the Urban
e Renewal Agency.
II. BROADWAY PLAZA PROJECT
Mr. Gleason reminded the council that it had tentatively approved the
Broadway Plaza project concept, but had asked staff to negotiate a different
position with regard to parking. He said there was agreement on a different
position, one that uses a loan arrangement rather than a grant arrangement.
Lew Bowers, Planning and Development Department, said staff has analyzed
whether the on-site structured parking option is better or worse than the
adjacent surface parking option. He said both staff and the Downtown
Commission (DC) recommend on-site parking for the following reasons: it
makes the project more marketable; it leads to more dense development; and it
uses less land.
Mr. Bowers said staff negotiated with the developer to minimize the City's
participation in the project. The recommendation is to loan $500,000 towards
the cost of parking and make another loan for $220,000, which is the value of
the land. The Urban Renewal Fund expenditure is $500,000 and the $220,000 is
foregone revenue for the land. He explained that the developer has
calculated that there is approximately $900,000 in additional costs to siting
e
MINUTES--Eugene City Council
11:30 a.m.
May 20, 1992
Page 3
e
e
e
a housing project such as this in the downtown core rather than further away,
$720,000 of which would be defrayed by the City.
Mr. Bowers compared the $9,600 cost to the City per unit with two other
projects which also involved the City. The cost per unit for the Tiffany
Building project is $15,000 and for the Richardson Bridge project it is
$30,000. Mr. Bower said the agreement is for the City to loan the developer
$500,000 at 3 percent interest for 30 years, and $220,000 at 0 percent
interest for 30 years. He noted that there is a subsidy involved due to the
low interest rates. Mr. Bowers explained that the City would be paid from 25
percent of the net cash flow, increasing up to 35 percent later as the
project generates more cash. He said that is sufficient to retire both loans
if the project performs as expected.
Responding to a question from Mr. Boles, Mr. Bowers said the City would be in
second position for claim on assets, the bond holders would be in the first
mortgage position.
Responding to a question from Mr. Nicholson, Mr. Bowers explained the net
cash flow as follows: revenue, operating expenses paid, bond holders paid,
and then the City is paid.
Mr. Boles noted that the developer plans to use the 10-year property tax
exemption program, providing a small return to the City.
In response to a question from Ms. Ehrman, Mr. Bowers said that 20 percent of
the 75 units will be rented to tenants with incomes less than $50,000 and 50
percent to tenants with lower-than-median incomes.
Mr. Boles wondered if the proposed design was consistent with the American
With Disabilities Act (ADA). The developer expressed his intention to comply
with the ADA.
Mr. Boles moved, seconded by Mr. Green, to approve the use of
urban renewal funds for a below-market-rate loan in the amount
of $500,000 for the construction of on-site parking at the
Broadway Plaza Project, and a loan in the amount of $220,000
to reflect the value of land. Roll call vote. The motion
passed unanimously, 8:0.
Responding to a question from Mr. Nicholson, Mr. Gleason said there is not
much room to restructure the loan package, because the income stream is not
adequate. He noted that if the project performed well, the City would profit
by getting paid back quicker.
Mr. Boles expressed concern that the project's design has its back turned on
the City's downtown.
In response to Ms. Ehrman, Mr. Bowers said that approving the funding package
would leave a balance of $3,000,000 in uncommitted urban renewal funds.
MINUTES--Eugene City Council
11:30 a.m.
May 20, 1992
Page 4
~ Mayor Miller adjourned the meeting of the Urban Renewal Agency.
e
e
III. ORDINANCE CONCERNING WEST EUGENE WETLANDS SPECIAL AREA STUDY
Steve Gordon, lane Council of Governments, said the meeting material includes
the draft Plan and Technical Report for the West Eugene Wetlands Special Area
Study and recommended changes by the Planning Commission. He said a public
hearing was held on April 8, followed by more work with the property owners
and tenants in the rural portion of the wetland plan jurisdiction outside the
metropolitan plan boundary. A special workshop was held in Peterson Barn on
May 2, with about 100 people in attendance. Mr. Gordon said a packet
including 62 pieces of written testimony from the public hearing, the minutes
of the hearing, 14 pieces of written testimony from the workshop, and a
50-page summary of issues and response from staff was previously distributed
to councilors.
Mr. Gordon said staff considered the citizen input and has developed four
proposals for the council's review. Staff recommends removal of "primary
area" and "secondary area" references, removal of any colors outside the
metropolitan plan boundary from the maps, and creation of a new section in
the mitigation chapter of the plan. The new section would contain two short
paragraphs that explain the intent of the plan toward that area, in one goal
and three policies, with one recommended action. Briefly, the section says
that the plan imposes no policy restrictions in that rural area. The only
thing it does is allow willing property owners to sell property that meet the
criteria set forth in the section for use in the mitigation program.
Mr. Gordon said that staff will continue to work with the Board of County
Commissioners who have a third reading and a public hearing on the proposed
plan on June 3. The plan is scheduled for action on June 24. He said if the
commissioners propose changes, these would then come back before the council.
Mr. Gordon said staff hopes to have the plan adopted by June 30.
Responding to a question from Ms. Bascom, Mr. Gordon said that the council
has lobbied Congress for funds to acquire wetlands and wetland restoration
sites. He said the Bureau of Land Management (BLM) would be nervous about
participating in a program with local governments if there were not a
connection in the plan to the program that this community is trying to get
the BLM to help implement; that is, to pool community resources to allow
sound urban development on some wetlands in west Eugene, to protect those
wetlands that have the highest value, to create a regional mitigation bank in
order to manage the cost of the program, and to do that with willing sellers.
Mr. Gordon said dropping that reference to the program would not leave enough
land to meet the community's need.
In response to a question from Ms. Ehrman, Mr. Gordon said that staff is
crafting individual responses and supporting landowners in their effort to
sell by working with lending institutions. Pages 3 and 4 of the
MINUTES--Eugene City Council
11:30 a.m.
May 20, 1992
Page 5
"--"
recommendations, he said, make it clear that sales have to be willingly
negotiated at fair market value.
Mr. Boles moved, seconded by Mr. Green, to adopt the
amendments to the West Eugene Wetlands Plan recommended by
staff (assuming the council prefers Option 3). The motion
passed unanimously, 8:0.
CB 4365--An ordinance adopting the West Eugene Wetlands
Special Area Study Plan.
Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously,
8:0.
Mr. Boles moved, seconded by Mr. Green, that the bill be
approved and given final passage. Roll call vote. The motion
passed unanimously, 8:0 and became Ordinance 19853.
Mr. Nicholson said the report does not address the issue that the City ought
to be preserving the wetlands that are within the urban boundary. Some see
the City's action as promoting industrial use of urban wetland, while going
outside the boundary to buy property to create wetlands to compensate.
Mr. Gordon said that in the process of identifying wetland within the
metropolitan plan boundary, staff attempted to gather the best information
about the relative value of those wetlands. Staff not only considered how
that land looks today, but how urban development would affect it over time
and what the public's investment in that land is. The wetlands recommended
for development a) have low wetland value, b) were located in places where
preservation was impossible, and c) prOVide an opportunity to recoup the
public investment.
Neil Bjorklund, Planning and Development Department, made the point that
staff has not inventoried wetlands in "the secondary study area." Those
sites identified for mitigation may currently be wetlands or may historically
have been wetlands.
Mr. Boles asked for staff's perspective on where the City went awry with
respect to public involvement. Mr. Gordon said such an evaluation will be
conducted after the plan is adopted, and recommendations will be forwarded to
the council.
IV. WORK SESSION: COMPENSATION AND BENEFITS FOLLOW-UP DISCUSSION
Ms. Norris recalled that during the Eugene Decisions process, the council has
received feedback related to City salaries and benefits. This item continues
'"-,,,
MINUTES--Eugene City Council
11 :30 a.m.
May 20, 1992
Page 6
e
the council's April 29 discussion regarding the City's current compensation
market position, steps the City is taking to contain benefit costs, and
recommendations made in the Coopers & Lybrand audit and by the Chamber of
Commerce Task Force.
Mr. Norris said the council's current policy is that "employee compensation
be comparable to public and private sector compensation paid in the relevant
recruitment area." She said the questions are as follows: Should the City
continue to set compensation according to comparable organizations in a
relevant recruitment area, what should the City's position be in relation to
the market data (currently the City is at plus or minus 5 percent of the
mid-point), what data should be use to determine cost of living changes (the
consumer price index or cost of labor), should the City attempt to collect
additional survey data from local public and private sector employers, and
should the City continue to collect survey data at the current frequency of
every other year for non-union positions and prior to negotiations for union
positions.
e
Ms. Norris said that 26.4 percent of the City's total personnel cost is
fringe benefits. She said the total salary cost in the calculation includes
regular, seasonal temporary help, interns, and overtime wages. She also
explained that not everyone who works for the City gets a full benefit
package.
Mr. Boles asked for an estimate of the number of employees that fall into
each of the categories, including proportionate compensation. Mr. Gleason
said about 80 percent are full time, regular employees.
With regard to the Cost of Labor (COl) versus the Consumer Price Index (CPI),
Ms. Norris said the Local Government Personnel Institute said all Oregon
arbitrators use the CPl. She also noted that Coopers & Lybrand agreed that
in union environments, the CPI is what is used; while non-union environments
tend to use the COL.
Ms. Norris said staff recommends using more local survey comparisons, using
criteria developed from the council's previous discussion. This means
recruiting from the geographical area where the City can get a sufficient
number of qualified applicants, and also where it can get applicants who
provide the ethnic, cultural, and gender diversity the City seeks. Ms.
Norris said the communities used for these comparisons would be those that
are economically similar enough to the Eugene area to provide relevant
compensation data. She recommended organizational criteria be established,
such as that employers have a size and structure that is relevant to the
City's, provide similar services, have a formal personnel system, and employ
at least 40 of the positions for which the City surveys.
There was a brief discussion about whether the percentage of benefits costs
relative to the total wages paid should include the wages of those who do not
receive benefits. Mr. Boles pointed out that the City's formula deflated the
percentage.
e
MINUTES--Eugene City Council
11:30 a.m.
May 20, 1992
Page 7
~ Mr. Rutan that the issue is community perception. It is important to
determine the facts and decide what to do about it. He said the council
needs to decide to what degree it wants to communicate this complicated topic
to the citizenry, and what kinds of changes it wants to make internally with
regard to personnel management.
Mr. Nicholson expressed agreement with Mr. Rutan's comments, saying the
council needs to decide who, if anyone, and in what manner, should the actual
practice of the policies be reviewed, as well as determining what sort of
information it wants out of such a review.
Citing time constraints, Mayor Miller felt it would be useful for staff to
develop a list of policy statements for the council to agree or disagree
with.
Mr. Boles suggested the council discuss what will be put forth to the public
during the Eugene Decisions workshops in June. He also asked that all City
employees be grouped under the different categories with benefit/wages ratio.
Mr. Boles also advocated placing a benefit value on quality of life and
security of employment. He also asked that staff analyze the cost of
benefits to family members with regard to payment of insurance premiums.
Lauren Chouinard, Human Resource and Risk Services, explained that the City's
current practice with regard to health care insurance is to coordinate
benefits when two insurance policies are involved.
e
The council agreed to continue the discussion in a future meeting.
The council meeting adjourned at 1:45 p.m.
~~~
City Manager
A~
(Recorded by Yolanda Paule)
MNCC 052092-1130
e
MINUTES--Eugene City Council
11 :30 a.m.
May 20, 1992
Page 8