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HomeMy WebLinkAbout06/29/1977 Meeting 0 . M I NUT E S EUGENE CITY COUNCIL June 29, 1977 Adjourned meeting from June 27, 1977 of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 11 :45 a.m. on June 29, 1977, at the King1s Table, Oakway Mall, with the following Council members present: Eric Haws, Tom Williams, D. W. Hamel, Jack Delay, Scott Lieu- allen, Brian Obie, and Betty Smith. Ray Bradley was absent. I. Items from Mayor and Council A. League of Oregon Cities--Mayor Keller announced the selection of Steve Bauer as the Executive Director for League of Oregon Cities. B. City BUdget--Mayor Keller made a few remarks regarding the defeated budget election June 28, saying he felt perhaps there had not been enough hard work to get the budget passed. He noted his intentions of working hard to get the next one passed. C. Budget Committee Meeting--Manager announced the Budget Committee would meet Thursday, June 30, 7:30 p.m., in the McNutt Room. It e was necessary to submit the new levy to the County no later than Friday, July 1, because of the 35-day deadline requirement prior to the next election on August 9. He said staff would be meeting Thursday to consider possible changes in the budget. Also, he hoped to receive information from Salem regarding additional state aid to cities. D. Flood Insurance Study--Manager said staff had met with HUD repre- sentatives this morning to review the program for flood insurance. The program study will be underway for perhaps a year, with the purpose of developing an accurate map of the flood plains in Lane County, and to firmly establish flood insurance rates for various areas. The insurance rates would be highly subsidized by the Federal government. Staff will later bring to Council a proposed ordinance to officially establish the flood plain and terms of insurance. Manager said there were 108 policyholders in the city with about $3 million of insurance under the program, saying it would be important to a number of property owners. E. Community School Coordinating Committee--Manager said there was a vacancy for one of two at-large position~ one City position and one school. In the past, City Council has approved an appoint- ment. Mayor Keller requested Councilors and other staff to submit names either to City Manager or to Mayor. Manager noted perhaps an amendment should be made in the ordinance to specify the process e of appointment to this committee. 6/29/77--1 52~ I I I F. Appointments--There were none. Mayor Keller indicated names -~ were being received for appointments to the Civic Center Commission. Manager distributed to Council a list of applica- tions to date for vacancies on the Eugene Renewal Agency, MAPAC, Handicapped and Minorities Commissions. He noted the :deadline for applications received was July 1, and it seemed there were enough applications for Council president and vice- president to proceed with the selection process. G. Proclamation of Election Outcome--Mayor Keller proclaimed election results from the issues voted on June 28, 1977. (A copy of pro- clamation on file in City Manager's office.) Stan Long, Ci ty Attorney's Office, said Council should authorize a directive to EWEB to cease putting fluoride in the water. Mr. Haws moved, seconded by Mr. Hamel, to. direct EWEB to cease fluoride in city water as soon as practical. Mr. Williams did not want to vote on the motion, and questioned legal counsel if he were legally obligated to do so or if he .could abstain. Mr. Long replied he was not obligated to vote . for or against. He said the fluoride ordinance did not state any effective date for ceasing fluoride in the water, that if Council did not choose to so direct EWEB, then City Attorney's Office would have to do so. Vote was taken on the motion which carried with all Council e members present voting aye, except Mr. Williams voting no. H. MAPAC--Manager received a letter from Mary Sheriffs, chairman, MAPAC. The letter noted the term expirations of two members, Lee Penny, and Dorothy Anderson. Staff is currently recruiting for vacancies. Ms. Penny di d not wi sh to serve for another term, while Ms. Anderson did wish to serve again. II. Approval of Council Minutes June 22, 1977 Mr. Haws moved, seconded by Mr. Hamel, to approve minutes.. Motion carried unanimously. III. Improvement Petitions Res. No. 2697 - Authorizing street paving, sanitary sewer and storm sewer construction within 3rd Addition to Firland Heights; paving Spring Boulevard from the south boundary of 3rd Addition to Firland Heights to 250 feet south; and sanitary sewer to serve the area 160 feet south of the south boundary of 3rd Addition to Firland Heights was read by number and title. Assessments for this improvement petition were: paving 100 percent and sewers 89 percent assessable within subdivision; no city costs It Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried unanimously. 5~3 6/29/77--2 , e Res. No. 2698 - Authorizing street paving, sanitary sewer and storm sewer within and adjacent to Leo and Betty Davis Subdivision, and sanitary sewer construction within 160 feet north, south and east boundaries of Leo and Betty Davis Subdivision was read by number and title. Assessments for this improvement petition were: paving 90 percent and sewers 40 percent assessable within subdivision; no city costs. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried unanimously. Res. No. 2699 - Authorizing street paving, sanitary sewer and storm sewer construction with Craigmont Subdivision was read by number and title. Assessments for this improvement petition were: paving and sewers 100 percent assessable within subdivision; city costs $2,000 for extra paving width. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution.. Rollcall vote. Motion carried unanimously. IV. Authorization to Pay Bills and Claims (list distributed to Council) e Res. No. 2700 - Authorizing payment of bills and claims for period June 13 through June 27, 1977 was read by number and title. Mr. Haws moved, seconded by Hamel, to adopt the resolution. Rollcall vote. Motion carried unanimously. v. City Audit Contract (memo and audit agreement distributed to Council) Manager explained this was an annual Council action for service provided by Coopers and Lybrand directly to Council. He noted with increased costs, the total contract was $29,500. Mr. Delay questioned the 33 percent increase, whether it was because of increased demands of time or an increase in the cost of personnel. Sherm Flogstad, Finance Department, said the increase came from both time and rates. Time spent had increased six percent in each of the past four years, but the dollar rate had remained the same. He felt the increase was justified as there had been no rate increase in the past four years. Mr. Haws wondered if it would be a good accounting practice to change auditors occasionall~ Mr. Flogstad said Coopers and Lybrand had been the auditors for 18 years, and were employees of the City Council. He said staff would be looking at such a change and would be making a recommen- dation to Council sometime in November. Mr. Williams had no aversion to change of auditors, but felt there should be a specific reason for doing so. His specific reservation in changing would be the substantial cost e in reeducating people who would be learning a new system. Mr. Flogstad agreed, noting the municipal auditing system is quite different from 5~ 6/29/77--3 , that practiced by corporate auditing systems. Manager also cautioned - Council not only the time spent for reeducating new auditors was an item to be considered, but the staff time involved, which could amount to 15 to 20 percent higher fee for the same amount of work initially. Mr. Flogstad said there were pros and cons on changing auditors, noting a change could provide a fresh outlook, but retaining the same auditor could result in a more extensive audit with less time spent. He sai d it depended whether Council was satisfied with the audit that it was receiving. Mr. Obie noted a recent award received by the City for its high level of performance in accounting practices. However, he did not discount the idea of looking at changing auditors. Mr. Haws moved, seconded by Mr. Hamel, to authorize City Manager to execute agreement with Coopers and Lybrand. Ro 11 ca 11 vote. Motion carried unanimously. VI. Negotiation Authorization for Park Property Manager said staff had obtained an option agreement for 30 days on property discussed at executive session, were pursuing appraisals on that property, and would negotiate further regarding price. He said the question today regarded the adjacent parcels and what action Council should take. Preliminary appraisals on the adjacent property were com- parable in total to the figure in the option of the other parcel dis- e cussed at executive session. Council action would authorize staff to proceed securing options on these parcels with the power to exercise the right of eminent domain, but not to take such action immediately. Assistant Manager told Council it would have to initiate negotiation by resolution to exercise its power of eminent domain. Then staff would enter into negotiations with the owners and bring back to Council those resul ts. However, if City did not acquire those parcels, the City might be faced with litigation. He said under new state law, the action would bind City to condemn if it could not negotiate. Mr. Haws moved, seconded by Mr. Hamel, to authorize City Manager to proceed with negotiations to acquire park lands, and proceed with power of eminent domain if necessary. Roll- ca 11 vote. Motion carried unanimously. VIr. Industrial Waste Treatment Contract with A ri ac for 1977-1981 memo, agreement and resolution distributed to Council Don Allen, Public Works, noted two changes from the previous contracts. Up to the present time, the fee was based on a payback of capital costs plan. Presently, the fee will be based on a fair operating cost plus a deposi t. This will amount to $20,000 to $30,000 per year reduction for Agri pac. The second major change was the inclusion of a penalty section, in which a doubled rate would be charged for any demand greater than was . specified in the agreement. Staff recommended authorizing Manager to proceed with agreement. 5;tS 6/29/77 --4 ---- e Res. No. 2701 - Authorizing City Manager to execute 1977-1981 Industrial Waste Treatment contract with Agripac was read by number and title only. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Ro 11 ca 11 vote. Motion carried unanimously. VIII. 1977-78 Budget Ordinance and Budgetary Updating Adjustments (ordinances distributed to Council) Manager said determination of the serial levy would be discussed at the Budget Committee meeting June 30. Council would have to take action at a special meeting following the Budget Committee meeting. Manager noted on page 2, section 3, the total levy would be $6,738,060, the amount within the six percent limitation. Mr. Flogstad said be- cause of the budget defeat, there was no authority to go outside the six percent limitation. He said another ordinance making adjustments to reflect any additional levy changes after the August 9 election would be brought before Council. Manager said no action would be taken on the ordinance for the Downtown Development District, as the DDB wished to have another meeting to determine whether to levy the full amount for which it had been authorized. C.B. 1504 - Adopting 1977-78 City budget and declaring an emergency was read by number and title only, there being no Council e member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1504 be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Ro 11 ca 11 vote. All Council members present voting aye, the bill was declared passed and numbered 18017. A short recess was taken. Youth On The Mall Report (materials distributed 6/17/77) , IX. Don Chalmers, Youth Commission, said the Commission had decided to take a slow attitude and a fact-finding role toward the mall situation. It had met with representatives of the Police Department, downtown business people, and had tape recorded comments from youth on the Mall. He sa i d the results were in the report. He addressed the recommendati ons in the report and reviewed each for Council (copy of the report in Manager1s Of f ice) . Jeff Budd presented Council a petition with 300 signatures e in support of the Youth On The Mall report. Mr. Chalmers said the major concern of the youth was the fact there was nothing to do. He said the problem did not involve only those people from Eugene, but many youth coming from allover the state. In viewing 6/29/77 --5 52..b 0 (\ the problem and considering all the ramifications, the Youth Commission . was. looking forward to trying to refurbish and keep the downtown area as an economically healthy place. The Youth Commission was requesting Council acti on to adopt the report and recommendati ons. Assistant Manager said description of objectives were agreed upon in encouraging activity for youth on the Mall, noting the Mall Manager was present to help stimulate such activity. However, the inferred substance of the report was of concern to staff. Examples given were the recommendation for an educational program on appropriate search and seizure techniques, implying the Police Department did not know proper search and seizure procedures. Assistant Manager said there were three legal agencies providing input to the Police Department in thi s regard. Another example regarding the educational program for the Eugene Police Department concerning compulsory school attendance laws was cited, with Assistant Manager noting the young people often do not understand what compulsory school laws are. In regard to the Council endorsing an idea of a youth center, Assistant Manager cautioned Council that staff had had experience establishing centers for somewhat comparable purposes. He said the dilemma created by such centers was one wherein youths who were not concerned about rights of others would congregate in the center, creating rowdyism, with police and adminis- trative problems. However, if the center were used by youths who were interested in having a good time, then those who were alienated would be further alienated from using that facility. However, Assistant Manager said staff would still look at the problem, given the community interest. e The idea of a youth diversion program should be explored further. He also noted an ordinance which mandated by City code that the mall be a business facil ity. Police Chief Pierce Brooks felt it was a fair report, noting the Youth Commission had talked to all parties concerned. However, he viewed the report with mixed emotions. He said one concern of his was the inference that there would have to be a behaviorial and attitude change by many people, except those who had been creating the problems on the mall. Another concern was the reference to supposed policy harrassment of youths, even though it was only a small minority of the youth population who were being policed on the mall. In regard to the search and seizure procedures, Chief Brooks said this was a legal problem which was hard to define. He reviewed recent Supreme Court justice comments which stated search and seizures procedures could not be satisfactorily reconciled. He sai d if the Supreme Court had diffi cul ty defi ni ng the procedures, it followed that Eugene police most certainly would have also. He continued that the problems had not increased, saying he had received very encourag- ing reports during the last month that problems had subsid~d considerably. Police officers have been meeting with youth from the mall, listening to their problems, and explaining police procedures. He said the Police Department would continue working on the problem, and thought the Youth Commission should be commended for addressing a situation which could have become a real tragedy for Eugene. . .e 6/29/77 --6 511 . e Mr. Lieuallen said he had a problem with recommendation number 2, in which the Police Department was asked to explain in more detail to the youth its procedures. He continued, if the Youth Commission expected the Police Department to make a greater effort, then the same effort should be asked of the youth on the mall. He did not want to cast dispersion on the Police Department by recommending a one-sided program. He commended the Youth Commission for providing a mechanism to deal with this problem. Mr. Delay said he would like to see the idea of a youth center further explored. He had met with many youth on the mall and felt a large number of them were not police problems, but could become so if they did not receive help and direction. He wanted to see staff put more effort into the notion of perhaps peer counseling, thus rescuing some of these youths before they became problem adults. Mrs. Smith cautioned Council, regarding a youth center, that it needed to be very clearly thought through as far as what kind of influence surrounding that facility might be. Mr. Lieuallen questioned under recommendation number 2 how the Youth Commission would suggest ways to understand police problems. Mr. Chalmers replied the examples under the recommendation were some of the kinds of joint opportunities. He said the youth were asking for increased communication, asking for an opportunity to have officers on the mall and talk to them on a one-to-one basis. He felt confident that youth - outreach workers could be used to help establish better communication also. In regard to a proposed youth center, the Youth Commission felt such a center could resolve many conflicts. He also noted cooperation from City staff would be very necessary to keep the situa- tion from turning a different way. The vast majority of the young people want to get involved in their own way, even though that way may not be the way some staff people would wish. Mr. Delay said he felt the staff was not attempting to cast aspersion on the report but noting some problems involved. In terms of testimony from youth on the mall, Chief Brooks had indicated it was impossible to respond to anonymous allegations. Mr. Delay questioned whether the Youth Commission had done anything toward making the youth allegations public. Mr. Chalmers said the Commission had attempted to convince those persons of the options to make complaints. However, he noted the Commission had had a very hard time even getting the anonymous complaints, let alone getting them made public. If any of the claims were true, he said, there was a serious problem at the time the complaints were made, noting violation of civil rights. However, he said the claims were not substantiated. He felt the report and recommendations would create a proper atmosphere for handling future complaints. He requested the City take a leadership role in dealing with the young people. Mr. Delay felt the problem was one of knowing young persons were - hanging out on the mall and engaging in criminal activities, and then using anonymous reports against the Police Department. He said he could not accept that kind of mechanism, feeling the core issue was communication. The young people should be able to come forward and be educated to do that. 6/29/77--7 5Zg '- . Mayor Keller said Chief Brooks had reported the problem had gotten . better in the last month. Mr. Chalmers replied that was possible, as the young people were saying they did not want to go down to the mall anymore because they were tired of being mistreated. Chi ef Brooks read from a June 19 report from two police officers who had been meeting with young people. Their attitude was good and their desire to understand the police decisions and procedures was commen- dable. Their major complaints were that some officers followed them around, and they had alack of knowl edge ci ty ordi nances and regu- lations. Chief Brooks said at the next meeting a list would be dis- tributed to the youths to answer their questions regarding city reg~l ati ons. Mr. Obie said he had met recently with a group of businessmen from downtown and they felt the situation was much improved. He fel t the City had a responsibility to go an extra step in trying to resolve the problem, and he commended the Youth Commission and its involvement. He endorsed the continuing program of the Police Department. Mr. lieuallen said he would like to see the Youth Commission involved with the Police Department in its meetings with the young people, that the Youth Commission should feel free to come to the City Council with any suggesti ons, and staff shoul d keep. Ci ty Counci 1 i nfonned on the issue. Mr. Chalmers replied the Youth Commission endorsed the meetings by the Police Department and the youth, and'would feel comfortable working with the staff. He said the youths themselves were spending - a great deal of energy trying to find space for a center, and City Council endorsement of the idea would give credence to the energies. Assistant Manager said the peer/counseling concept and diversion activi- ti es on the mall shoul d be faced before any focus on a center faci 1 ity. City Council could direct staff to work with youth and see what could be formulated. Mayor Keller thanked Mr. Chalmers, Chief Brooks, Youth Commission, and Assistant Manager, for their efforts in the situation and hoped for resolution. He requested all parties involved to report back to Council in 90 days to see what progress had been made. Mrs. Smith moved, seconded by Mr. Hamel, to accept the Youth Commission report, and ask staff, Police Department, and Youth Commission to keep City Council aware of progress. Motion carried unanimously. Mr. Obie left the meeting. x. Retail Ex ansion in Downtown to Council Manager said Council should schedule a public hearing July 11, with a full scale presentation made at that time. Charles Kupper, HCC, said the report had been completed and endorsed by a 12-member Downtown Plan - Review Group representing businessmen in the downtown area. It had also been endorsed by ERA, Eugene Downtown Associ ati on, and the Downtown Development Board. The report would be used to make offerings to devel- opers. The final and most necessary endorsement would be by City Council. 5~9 6/29/77--8 J ." e He directed Council's attention to three major elements in the report: 1) design, 2) financial, and 3) traffic. Mr. Delay questioned Mr. Elbasani, consultant on the project, how viable an offering this represented for the City of Eugene. Mr. Elbansani replied his discussions with various developers and travels around the country indicated the plan was very viable and there was much interest with good opportunity for development. Mr. Haws moved, seconded Mr. Hamel, to schedule a public hearing July 11, 1977. Motion carried unanimously. XI. Manager's Salary Mayor Keller recommended Manager be given a 6.5 percent increase in sa 1 a ry. Mr. Haws moved, seconded by Mr. Hamel, to approve the salary increase. Motion carried unanimously. XII. Flak Catcher Position--Manager noted Larry Schoelerman was ending his term as flak catcher in City Manager's Office. Mayor Keller said this position had become a very important part of city government and commended Mr. Schoelerman on a job well done. - Upon motion duly made, seconded, and passed, meeting was adjourned. 'c~e~ Ci ty Manager CPH:DT:jfp/CM8a20 . -. 530 6/29/77--9