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HomeMy WebLinkAbout10/25/1978 Meeting >. M I NUT E S EUGENE CITY COUNCIL October 25, 1978 e Adjourned meeting _ from October 23, 1978, of the City Council of the City of Eugene, Oregon~ was called to order by His HQnor t4ayor Gus Keller, 11:30 a.m., October 25, 1978, at King's Table, Oakway Mall, with the following Councilors present: D. W. Hamel, Ray Bradley (arrived late), Tom Williams, Eric Haws (arrived late), Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smi th. I. ITEMS FROM MAYOR AND COUNCIL A. Code Revisions--Jack Delay requested status of possible code revisions regarding Mom and Pop grocery stores, and requirements for bike-storage facilities in new construction. John Porter, Planning Director, said the Budget Committee had deleted Code amendments from its list of priorities, so work had not been done directly on those. However, he said the Mom and Pop Grocery Store Amendment is a recommendation in the Westside Downtown Report. If Council wished, it could designate that as a priority item. B. Cosmetic Improvement of West 11th--Mr. Obie recognized the variety of industrial businesses alung West 11th, indicating it was somewhat of an eyesore. He requested possible development of a program to e extend street-tree planting out to the city limits on both sides of West 11th as a cosmetic improvement. He requested the Council's opinion as to whether this was an item which should be pursued. Mr. Lieuallen agreed the appearance needed to be improved. He wondered if the business people in that area would be interested in supporting the program. He felt total City support of such a program would create a financial problem. Mr. Obie recognized there was not a uniform organization of the business people in the area. He wondered if staff could investigate the possible support of the business people. In response to a question from Betty Smith, Ed Smith, Parks Director, said such a program would have to be considered in the work program for next year. That work program could assess the problem and alter- native solutions. Don Allen, Public Works Director, noted a serious, problem for Councir.~ With the adoption of the T-2000 Plan, the Amazon Parkway had been eliminated. The existing area of We~t 11th between Chambers and Seneca needs major reconstruction as it is not up to standards. - 10/25/78--1 bct, .~~. '. ........'___+....~'4. .. _"_" . .- .' .-.... ...-..-.-.-...,.....',. ....""., ... ',' '''-'-''. . ..--:.....,.... -" -'-".- -- '-.-_.. -..- .~. ...---.-.- ,-~, -"'.....~--"...- There is increasing pressure for the City to make those improvements. Therefore, there exists the possi bil ity of di srupti ng any tree pl anting e that might be done before the reconstruction was completed. Mr. Allen also said the staff was trying to find alternate funding participation guch as. flom the State to assi st in tne imp'r~vement pro{ect. It mi ght e pOSS1D e to lncorporate tree-plantlng wit the stree improvements. Mr. Delay also agreed the area needed to be made more attractive. He felt it would behoove City Council and staff to consider ordinances to make such improvements a requirement of future development, i.e., requiring buffer zones. Jim Saul, Planner, commented the amendment Council passed several months ago regarding landscaping and commercial parking areas spoke to that need. However, it did exclude industrially zoned areas. Mayor Keller wondered if the issue would be dealt with in the West Industrial Study Process. Mr. Saul said the initial draft of the study is out, with the Planning Department meeting \'lith property owners Thursday. The Planning Commission will consider the study in January. However, the study does not deal with the cosmetic treatment of West 11th. Ms. Smith supported the concern, and raised the question of receiving tentative cost factors involved. Mr. Delay reiterated the study should be comprehensive and includ~ prevention of such situations as the City continues to develop. Mr. Williams noted it was a city-wide problem, and a very difficult one to tackle. It was consensus of Counci 1 that the Council Assi stants in coopera-e ti on with the staff and Manager waul d be requested to develop a possible program for the cosmetic treatment of West 11th, with alternatives to financing; and suggestions as to requirements of such a program for future new development. C. Sister City: Kakegawa, Japan--Mayor Keller distributed a letter received from the Mayor indicating their City Council would consider support of the Sister City Program at its meeting in December. D. Results of November 1977 Public Opinion Survey--Mayor Keller requested a report from staff as to how the City government has responded to the citizen answers and opinions. He also requested information about how the survey results might be related to Eugene taxpayers' positions rel ative to Ballot f'/leasures 6 and 11 at the November el ecti on. Manager responded the purpose of the survey was to aid the Council in finding out what the total public thought in terms of services and taxati.on. It was an attempt to counteract special interest groups demands during the budget process. The survey of 1,100 interviewees got at some basic questions of City services. He said at the November 1 Council meeting, staff would present some of the statements in terms of the top five to ten concerns and what the staff and City has - 10/25/78--2 100 -- -.- . . been doing about those things. He noted al so the survey, in general - terms, showed a high level of satisfaction of taxes. However, he noted the survey had been conducted in an atmosphere much different from the present property tax revolt atmosphere. The survey did show in terms of City taxes that 67 percent of the respondents thought taxes were fine, 16 to 17 percent thought they were too high, and 16 to 17 percent felt they were receiving more services than were paying for in taxes. He said it would be speculative to relate those feel- ings to positions on Ballot Measures 6 and 11. However, staff would try to look at intervening events and report back to Council. Mr. Delay noted the staff should be careful to put the survey in its proper context. He noted the question on the survey asked whether the people thought they were paying the right amount of taxes for the services they were getting. That would be a different context than how the people feel about the property tax system and what changes should be made. E. Tri-Agency Services--Mr. Obie noted receipt of the letter from Assistant Manager responding to Dr. York, a veterinarian in the area. He spoke as a City Councilor and as a private citizen, saying he did not want to be subsidizing distemper shots for the public. He fe 1 t the City should not be in the business of such subsidization. He fe 1t Assistant Manager's letter indicated the Tri-Agency would continue this service, and Mr. Obie did not want it to be continued. Mr. Delay directed Mr. Obie's attention to Dave Jordan's memo. He e said this program was being offered at a price to cover the adminis- trative costs, and was not being subsidized. Manager felt the issue was whether or not the charge is high enough. He noted the necessity for protection of animals who might otherwise be infected. Assistant Manager said the shots are being given, and must be given, to animals coming into the Agency. He said it was not a Tri-Agency, but a Bi-Agency (Lane County and Eugene). A full-time veterinarian is on duty for Lane County, and does have some free time. To fill that free time, it was decided to provide the public this service at a very low cost. The cost recovers the vet's time and materials being used. The cost does not take into account overhead or management costs that were already there, as is done through a private vet's clinic. He noted there were no new costs in offering this service but, in fact, were trying to minimize the costs and address the public health needs that exist. Mr. Haws and Mr. Bradley arrived. Mr. Obie said he would like to see a financial report. Assistant Manager said the materials cost $.19 per shot, with the rest being the vet's time, who is already on duty. ~ 10/25/78--3 '0' ---- . . Mr. Obie objected to the advertising by Tri-Agency which brings more business and thus generates more costs. He felt the two key questions e to be answered were: 1) Are costs being subsidized; and 2) should the City be in that business? Mr. Obie moved, seconded by Mr. Hamel, to withdraw the distemper shot services to the public. Assistant Manager said there was some diversity of opinion in the community and the Council may want to consider taking public testimony. Mr. Delay noted this could not be a unilateral decision as it involved Lane County. He had heard no reason why this service should be discontinued. Two years ayo the Council had decided to go ahead with a low-cost spay/neuter clinic, licensing, and creating more responsi- bility on the part of citizens for their animals. He felt this distemper shot program was part of a whole program being provided by Tri-Agency. He saw no rationale against it and felt it was nit pi c k i ny . Mr. Obie clarified the intent of this motion was to stop the service right now. He felt if there was enough citizen interest and demand, those wishes could be made known and Council could reconsider. He felt the City may be providing some services to the community that many citizens do not know about, do not want, and he felt it timely the City put a stop to such services. He did favor a public hearing if there was enough interest in the community. Ms. Smith .supported the concern regarding adding more City services. - However, she expressed another concern regarding time and costs of continued public hearings for each service that might be offered to the community. Mr. Williams felt possibly it would not be long before government would be providing all services if the philosophy behind the providing of services was a low-cost service. Mr. Delay reiterated he felt it necessary to look at the entire program) and zeroing in on this one issue was putting it entirely out of context. He said it seemed there were a handful of citizens who have a particular pecuniary interest and see themselves as being unfairly treated by the City government. Opposed to that small group are thousands of citizens who do need the low-cost service. He felt it was normal, appropriate, and good in terms of programs to deal with animal control. He felt it important the Council look at this issue in context of the entire situation, rather than isolating this one small matter. Mayor Keller felt the key issue to be considered by Council was that it was dealing with Lane County. He felt it more appropriate for Council to make a recommendation for consideration by the Tri-Agency Board, and get documented proof as to the concerns over this program. He noted the struggle. Tri-Agency has had, and felt the Eugene City tt 10/25/78--4 102. . Council should not further impede the progress that was being made. He reminded Council of the difficulties of animal control when - only the County was operating the service. Vote was taken on the motion, which failed with Councilors Haws, Bradley, Delay, Lieuallen, and Smith voting no; Hamel, Williams, and Obie voting aye. Ms. Smith moved, seconded by Mr. Haws, to direct the represen- tative on the Tri-Agency Board to express concerns of the Council regarding giving the distemper shots at low cost to the public, and consider receiving public input on the program. Mr. Lieuallen spoke against the motion. He felt Mr. Obie had not done his homework regarding the issue. He noted support in the community for such a program and felt the Tri-Agency Board had done the right thing in promoting the programs they have. He supported this particular program, and felt it did not require a large govern- mental study. Vote was taken on the motion, which passed with Hamel, Haws, Williams, Obie, and Smith voting aye; Delay and Lieuallen voting no; and Bradley abstaining. II. Routine Items for Council Approval A. Council minutes October 11, 1978 e B. Improvement Petitions Res. No. 3029--Authorizing initiating process for sanitary sewer and storm sewer construction within Edgewood Mountain III, Tracts D and E (1655/1656) was read by number and title. Res. No. 3030--Authorizing initiating process for sanitary sewer construction within Colony Oaks West Subdivision (1666) was read by number and title. Res. No. 3031--Authorizing initiating process for paving, sanitary sewer, storm sewer, and pedestrian way construction with Judkins Heights Subdivision; and sanitary sewer construction to serve the area within 160 feet of the east, north, and west boundaries thereof (1482) was read by number and title. C. EWES Transaction: Sale of Property to Valley River Baptist Church Res. No. 3032--Authorizing sale of property as described in Exhibit A to Valley River Baptist Church and reserving permanent easement for public utilities was read by number and title. e 10/25/78--5 ,03 . D. Calling Public Hearing re: Withdrawal from Water District Res. No. 3033--Calling public hearing November 8, 1978, re~ Wi thdrawal e from Bethel Water District that portion annexed by Final Order No. 560 of Lane County Boundary Commission (Jessen Drive both sides of Elizabeth)(Hein, A/Z 78-5) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to approve Council minutes of October 11, 1978, and to adopt Resolution Nos. 3029 through 3033. Motion carried unanimously. E. Calling Public Hearing re: Public Utility Easement Vacation C.B. 1779--Calling public hearing December 6, 1978, re: Public utility easement vacation located between West 28th Place and Ardendale Lane, east of Chambers Street (Shehan)(EV 78-13) was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read the second time by council bi 11 number only, wi th unanimous consent of the Council, and that enactment be considered at this ti me. Motion carried unanimously and the bill was read the second time by'council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered - 18287. III. Public Hearings: Alley and Easement Vacations A. Alley vacation located between East 14th AVenue and East 15th Avenue, and from Oak Street west 160 feet to a north-south alley (A'Art Enterprises)(AV 78-2) Manager requested the council bill be read for the first time and held for second reading at a later date. The City had not received money that was the agreed upon price for the alley vacation. Public hearing was held with no testimony presented. C.B. 1780--Authorizing alley vacation located between East 14th Avenue and East 15th Avenue, and from Oak Street west 160 feet to a north-south all ey was read by council bi 11 number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read the first time. Motion carried unanimously. 10/25/78--6 tit ;0'" - ---- . . . B. Public utility easement vacation located east of City View Street, north of Corinthian Court (A & N Investment)(EV 78-6) Public hearing was held with no testimony presented. C.B. 1781--Authorizing public utility easement vacation located east of City View Street, north of Corinthian Court and declaring an emergency, was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr.; Hamel moved, seconded by Mr. Brad 1 ey, t hat the b ill 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. ~lr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passasge. Ro 11 ca 11 vote. All Councilors present voting aye, the bill was declared passed and numbered 18288. IV. Conflict of Interest (ordinance distributed) Joyce Benjamin, City Attorney's Office, said the major changes were made in Section 3. Pecuniary interest was defined as being direct, monetary, present, and personal. . Mr. Williams questioned wllat would happen if an individual were an employee of a business contracting with the City, but did not have an ownership interest in the business. Ms. Benjamin said if that person's remuneration were based upon the sales to the City, there would be considered a pecu- niary interest. Mr. Williams felt that was not realistic and felt the confllct of interest ran deeper than was presented. Ms. Benjamin replied this proposed ordinance attempted to outline a moderate position regarding conflict of interest. She said there was some point where the City Councilor's own discretion of what is fitting and proper had to enter in. She also noted the problem of persons who have small shares of stock in various large businesses with which the City may wish to contract, i.e., IBM, Shell Oil, or Pacific Northwest Bell. It was felt best not to prohibit business contacts on that basis. She noted there was a tendency throughout the state regarding conflict-of-interest language in easing of the strict old-fashioned language. This ordinance was an attempt to reflect that tendency. Mr. Delay agreed with Mr. Williams the present language did not cover a large class of actual or apparent conflicts of interest which should be of concern to the Council. He wondered if it might be more appro- priate for Council to deal with those in setting up a code of conduct or a confl ict-of- interest statement wi thi n its own rul es of procedure. He felt this ordinance could deal appropriately with conflict of interest in court actions. e 10/25/78--7 ,0.5 . ~ C.B. 1766--Concerning Councilor interests in contracts; adding Section 2.016 to Code, 1971; and declaring an emergency . was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18289. A short recess was taken. Mr. Williams left the meeting. v. Ballot Measures 6 and 11--memos distributed Paget Engen reminded Council the analysis of the ballot measures had been based on 1977-78 figures. Staff was in process of updating those, using 1978-79 figures. However, she noted the proportions do not really change drastically when talking about the percentage of the budget being . affected. Part III to be discussed today deals with what happens to the City operat- ing budget if either one of the budget measures were passed. She said the $15 per $1,000 tax rate under Measure 6 would have to be allocated among all competing local taxing districts. It is not known at this time how the Legislature will do that. She said the State's total budget for 1977-79 biennium is $2 billion dollars. One half of that amount goes back either to local governments or to property tax payers through the HARP Program. The operating (non-d~bt) levy for Eugene for 1977-78 was $9.8 million. Four and one-h~lf million was within the six percent limitation, and $5.3 million levied outside the six-percent limitation. The 1977-78 operating budget for Eugene was $21 million. That did not include the debt services, assessments on streets, capital projects, or bonds. The total budget expenditure for 1977~78 was $45 million. If Measure 6 were to pass, she said it is known the property tax levy will be reduced significantly. Based on the 1977-78 budget~ the City ,would lose as much as $6.9 million in property tax revenues. That would be 20 to 30 percent of the operating budget. If Measure 11 were to pass, the State would provide about 25 percent of the total operating budget. e 10/25/78--8 100 ,- " . This would be the largest single non-local resource for a tax base~ She said. the expenditure limitation, tied to population and price changes, e would result in a rate of growth of the City operating budget less than . - I that experlenced over the last several years, unless the voters approve a growth rate outside the State 1 imitation. Mr. Obie wondered if the State could apply the same potential relief for Ballot Measure 6 as is proposed for Ballot Measure 11. Ms. Engen said the State does not have enough money to replace all of the revenues that would be lost under Measure 6. Regarding the effect on budget and policy-decision making, Ms. Engen said this was the most difficult to deal with as there were so many combinations of strategies that might be considered. However, one of the first important things for Council to consider would be to assess and interpret the vote of the citizens in Eugene on the ballot measures. She reviewed some of the policy decisions that had been made in the past that attempt to hold property taxes as low as possible, and setting fees and charges for services. However, if either ballot measure were to pass, she sai~ a $5-7 million cut will require some major changes. Some of those changes might include a major cut in services. She noted this would involve at least 100 positions; or more probably 300 to 400 positions. She said there were $3.5 million that could be used for transition purposes. However, this would be a one-time-only resource. As Measure 11 is now stated, it leaves more local control available than Measure 6. However, it is not known how the 1979 Legislature will enact Ballot Measure 11, and she felt it would not be entirely free of some e strings attached by the State Legislature. In response to a question from Mr. Lieuallen, Manager said other possi- bilities for property tax relief would be such things as the systems development tax, or additional charges such as in parks and recreation programs. Assistant Manager said the Council and Budget Committee have been relatively aggressive in presenting to the community alterna- tives for property tax relief, such as a local income tax, a sales tax, and local business license fees. In response to a question from Mr. Bradley, Ms.. Engen said the state-wide tax increase to the Federal statewide would be: Under Ballot Measure 6, $130 million; under Ballot Measure 11, $70 million. Mr. Bradley then wondered if,it would be possible to request the local representa- tives to U.S. Congress to pass a bill requesting that money remain in the state. Manager noted such an attempt had been made in California, with very little response from the Federal government. Mr. Delay commented that Council should be aware of the many strings attached by the Federal government if such a program were to succeed. Manager noted, as reported at the ICMA meeting, the result of Proposition 13 was to send the special interest groups moving to the State capital away from local Council meetings. A further discussion on the ballot measures will be held Wednesday, November 1. e 10/25/78--9 101 . " VI. Budget Process Given the little time left for discussions today~ the Manager said issues e Council should review at this point were the following: 1. By whom the budget process is to be designed? 2. Whether or not the City Council wants to do that; whether or or not the lay Budget Committee members should participate? 3. Whether or not a subcommittee of Council members and Budget Committee members designated by Mayor Keller should review alternatives for further Council discussion? It was consensus of Council that Mayor Keller would designate two City Councilors and two lay Budget Committee members as a subcom- mittee to review the budget process. Mayor Keller said he would attempt to make the appointments at the November 1 meeting, and requested Councilors interested in serving to so advise him. Upon motion duly made, seconded, and passed, the meeting was adjourned to November 1, 1978. ~)~ Charles T. Henry e City Manager (Recorded by Dee Tipping) DT: j m/ CM26a1 - e 10/25/78--10 108