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HomeMy WebLinkAboutCC Minutes - 02/28/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall February 28, 2000 7:30 p.m. COUNCILORS PRESENT: Bobby Lee, Betty Taylor, Scott Meisner, David Kelly, Gary Rayor. COUNCILORS ABSENT: Nancy Nathanson, Pat Farr, Gary Pap& Mayor James D. Torrey called the meeting to order. 1. PUBLIC FORUM Mayor Torrey reviewed the rules for the public forum. Councilor Kelly moved, seconded by Councilor Meisner, to reduce the time allotted to speakers to two minutes. Councilor Taylor spoke against the motion, saying that people were not prepared to omit parts of their statements. She preferred that, when a point had already been made, people voluntarily limit comments to indicating their agreement or disagreement with previous speakers. The motion failed 4:1; Councilor Meisner voting yes. Ron Heyerly, 2420 Lily Avenue, spoke in favor of allowing a classic car event in Rasor Park. Many other cities held such events in parks near rivers without harm. He said that classic car enthusiasts were also park supporters. Mr. Heyerly said that the event was very worthwhile, was enjoyed by all who attended, and would raise money for nonprofit organizations such as the Relief Nursery. He did not think the event would have a detrimental impact on the river or on fish habitat. He called for respect for a diversity of views. Dick Schuh, 2103 West 10th Avenue, spoke in favor of allowing a classic car event to be held in Rasor Park. He expressed concerns about proposals to return portions of the park to a wild state. Wayne Hulsey, 120 Cleveland Street, spoke in favor of allowing a classic car event to be held in Rasor Park. He said Eugene needed to do something for the car people, pointing out that amenities of interest to car afficionados such as the speedway were gone. William Sullivan, 2473 Blackburn Street, spoke against allowing a strip of land along Rasor Park adjacent to the bicycle path to revert to nature. He said that it was dangerous and a fire hazard. He said that many people want to see the park stay as it is. Bob Miller, 76886 Ridge Drive, Cottage Grove, spoke in favor of allowing a classic car event at Rasor Park. He said that the purpose of creating the wilderness area was to run the classic car enthusiasts out of the park. MINUTES--Eugene City Council February 28, 2000 Page 1 Regular Meeting He maintained that the park was the last location in Eugene where the car show could be held. The show attracted thousands of competitors and spectators, and provided income to local businesses and money for charity. Leila White, 876 Nadine Avenue, supported leaving Rasor Park in its current condition. She believed the community needed more such parks. Bob White, 876 Nadine Street, the founder of the River Road Cruisers, spoke on behalf of allowing the classic car event to be held at Rasor Park. The event, a free event held one day a year, resulted in donations of more than $14,000 to local nonprofit services. He noted the many other activities that occurred in the park and suggested that those activities would cease if the park was returned to a natural state. Mr. White said that last year the Friends of Rasor Park brought pressure to bear on City, restricting the event's ability to use the site. He said that the 100-foot buffer zone was an arbitrary distance, and the bike path created a natural buffer between the river and event. Mr. White said that a small but vocal group was dictating the community's use of public property. He called the organization's actions to stop the event a radical interpretation of the rules by small interest group and called for common sense. Ann Bart, 245 Maple Street, spoke in favor of allowing the classic car event to be held at Rasor Park. She wished to address the subject of police liability. She asserted that if a police officer was a liability to the LAPD, he or she ended up on the Eugene Police Department. She asked the council to begin thinking about how to address monetary issues because sooner or later one of the police officers would create a liability and the City would be liable. Christy Wells, 360 Durham Avenue, supported allowing the classic car event in Rasor Park. She disagreed with the plans proposed by the Friends of Rasor Park for the park. She said that if the park proposal went through the park should be accessible to the disabled to serve local residents. She said that the event raised funds for the Relief Nursery, which helped to keep families together. She termed the event a widely attended family event. She noted that such events were valuable to families and helped families avoid drug and alcohol addiction. Michael Marlatt, 2627 Hasting Street, supported allowing the classic car event at Rasor Park to continue. He said that he enjoyed the event with family and friends and learned a great deal from the event. He was concerned that the event might no longer be able to be held at the park. Mr. Marlatt said the event helped bring the community together. He called for continued diverse use of the park. Cliff Barney, 3700 Babcock Lane, spoke against Eugene Water & Electric Board's (EWEB) proposal to enter the telecommunications business. He singled out Randy Berggren, General Manager of EWEB, and suggested that Mr. Berggren had forgotten what he should be doing and should focus on delivering electric and water services. He said that telecommunications services should be left to the private sector. Mr. Barney said the City Council should heed Mike Dyer, President of EWEB, who he believed was opposed to the proposal. He encouraged people to testify against EWEB's proposed water rate hike at a meeting on March 7. Richard Davis, 1605 Cal Young Road, spoke in favor of allowing a classic car event at Rasor Park. He urged the council to visit the event. He said that the cars displayed were well-maintained by their owners at great expense, and did not leak oil. Mr. Davis questioned why more trees needed to be planted at Rasor Park. MINUTES--Eugene City Council February 28, 2000 Page 2 Regular Meeting Norman Eigner, 2516 Tandy Turn, testified in favor of allowing the classic car event at Rasor Park. He said that there were few places in Eugene where one could go to display a car. Mike White, 2897 Chad Drive, General Manager of AT&T Cable Services, asked the council to give the community more time to understand EWEB's plans to develop a telecommunications network. He asked that the council postpone putting the measure on the ballot until November. He noted that EWEB did not plan to do a business plan outlining the costs of the system until it had charter authority, and he questioned how citizens could decide to extend EWEB's authority without that information. Mr. White said that AT&T is spending millions of dollars to upgrade its system to serve Eugene residents and businesses, and viewed Eugene as a critical market. Elise Brown, 1600 Southwest 4th Avenue, Portland, Director of Local Government Relations for AT&T, asserted that the City was moving too fast on EWEB's proposal. She said that there had not been enough time for people to get the information they need. She asked the council to give the citizens the time to make an informed decision. Ms. Brown said that the council should have oversight over EWEB in this area. She said that the City did not receive assurances from EWEB that water and electric services would not be subsidizing telecommunications service. Ms. Brown informed the council that telecommunications was best left to the private sector. David Pacheco, 885 Dundelife Drive, agreed with those speaking in support of the use of Rasor Park for the classic car event. He said that young people needed to learn what older people have to teach them, and the event was a good place for that to occur. He did not think the park could be used by all if it was overgrown with native plants. Gary Marlatt, 2627 Hasting Street, spoke in favor of allowing the classic car event in Rasor Park. He emphasized the importance of the event to families. Regarding the riparian zone, Mr. Marlot said that the zone was to protect the salmon as they were coming up the river, and they required cover. He did not think a larger buffer near the bike path was appropriate for that reason. Dan Mart, 3905 North Clarey Street, spoke in favor of allowing the classic car event to be held in Rasor Park. He said that there were few such family events around. Mr. Mark said that the automobiles were in the park for only one day a year. He noted his concurrence with the remarks made by other speakers in support of the event. Nicolas Antone, Jr. stated that he was homeless and on the street. He criticized the City's handling of the ten-year problem at 512 Honeysuckle Lane. He expressed his outrage at the City Police Department. Mr. Antone said he had mental problems and the situation had exacerbated his problems. Bill Goldsmith, 390 East 30th Avenue, general manager of Saturday Market, provided the council with a brief update of the efforts of Eugene in Common. He provided councilors with copies of his report. John Miser, 1150 West 15th Avenue, # 101, spoke of the digital divide between the rural and urban areas of the state. He said that a new technology, media fusion, was on the horizon. He felt that EWEB should pursue the idea to allow it to serve those who could not otherwise afford the cost of broad band width. He offered a caveat in that he supported AT&T's remarks about the need for the City to investigate the impact of the system on private companies. MINUTES--Eugene City Council February 28, 2000 Page 3 Regular Meeting Misha Seymour, 1313 Lincoln Street, criticized the mayor for remarks he had made related to the June 18 anarchists event. He criticized the City for the police's use of pepper spray. Mr. Seymour said that he had criticized those who threw a pie at the mayor, but did not think the mayor should be giving out human rights awards. Mr. Seymour suggested that the car show be held at the Grand Canyon because its supporters "based the homeless." He said transients were part of the community too. He criticized AT&T for downsizing workers and suggested maybe the company should not be part of the community. He called for benches and rights for people on 13th Avenue. Tyler Mart, 3905 North Clarey Street, spoke in favor of allowing the classic car event at Rasor Park. He said that he would not be able to show his truck otherwise. He averred that the City had "taken away" the speedway and a dragstrip he understood once existed in the community. He said that there was no need to change Rasor Park. Brian Terrett, 112 East l0th Avenue, Community Affairs Manager for US West, asked the council to consider his e-mail correspondence and attempt to get answers to the questions that are outstanding before EWEB placed a charter amendment before the voters. He did not think that there was enough time before the May election for voters to make an informed decision. Bill Presley, 300 River Loop,//2, spoke in favor of allowing the classic car event in Rasor Park. He questioned who would benefit from the park if it was left to go wild and unmaintained. He said that the park was in the best shape it had ever been, and he believed that improvements had begun to be made when the park was initially used for the event. Ron Bounds, 5670 Royal Avenue, wanted Rasor Park to remain the way it was because it could be used for so many different activities. He opposed its use for wetland restoration or for growing wildflowers. He said that people should be able to use the park the way it was. Greg Petit, 421 Southwest Oak Street, Portland, Public Affairs Manager for US West, Portland, did not think the council had considered the issues involved with EWEB's request to enter the telecommunications field. He explained the history of the telecommunications industry to the council. Ronald Lee, 4570 West 11th Avenue, owner of PAX, spoke of the financial difficulties his station was experiencing and his fight to secure a channel on the AT&T roster of channels and have good reception. Councilor Lee said that now AT&T was threatening to drop his station. He supported EWEB's proposal as offering companies like his an opportunity to succeed. Mayor Torrey closed the public forum and called for comments from the council. Councilor Kelly said that the decision to end the classic car event at Rasor Park was an administrative decision of the City Manager. He asked if alternative locations had been considered. He believed that the Friends of Rasor Park most recent communication was more conciliatory than previously, and encouraged the event's sponsors to work with the organization. He believed that the issue was not a "cars versus the environment" issue and he thought both could exist. Councilor Kelly asked those testifying in support of the event not to use negative words like "special interests." He said that the event supporters and park supporters were both special interests and regular folks. MINUTES--Eugene City Council February 28, 2000 Page 4 Regular Meeting Councilor Rayor thanked those who addressed the council about Rasor Park. He appreciated the family focus of the event, and did not think that a once-a-year event was incompatible with the park. Councilor Taylor said that the classic car event sounded like a natural one for the fairgrounds, and asked if that option had been explored. Mayor Torrey said that staff would focus on the needs of the park users as they determined park use. He encouraged those present to participate in those meetings and said that those who testified would be placed on an interested parties list and notified of future discussions. 2. CONSENT CALENDAR A. Resolution 4616: A Resolution Authorizing the Issuance and Sale by the City of Eugene, Oregon, Acting by and Through the Eugene Water & Electric Board, of Revenue Bonds or Other Evidences of Indebtedness of the City in an Amount Not to Exceed $6,000,000; and Providing for Certain Other Matters in Connection Therewith B. Appointments to Lane Workforce Partnership C. Amendment to the Intergovernmental Agreement Among the Governments of Lane County, the Cities of Eugene and Springfield Regarding Work Force Investment Activities and the Agreement Between the Southern Willamette Private Industry Council D. Resolution 4618: A Resolution Adopting a Definition and Statement of Intent Regarding the Application of Sustainability Principles to the City of Eugene E. Resolution 4619: A Resolution of the City of Eugene Authorizing the Financing of the Main Library in a Principal Amount of Not More than $25,000,000 F. Resolution 4620: Resolution Authorizing Execution of an Intergovernmental Agreement with the Urban Renewal Agency of the City of Eugene for Central Library Project Funding Councilor Lee moved, seconded by Councilor Taylor, to accept the items on the Consent Calendar. Councilor Kelly asked that Item D be removed from the Consent Calendar. Councilor Lee asked that Item B be removed from the Consent Calendar. Roll call vote; the motion passed unanimously, 5:0. Regarding Item C, Councilor Lee noted the omission of Scott Julien and Louise Melton-Bangs from the motion regarding membership on the Lane Workforce Partnership. Councilor Lee moved, seconded by Councilor Taylor, to accept Scott Julian and Louise Melton-Bangs as the appointees to the Lane Workforce Partnership. Roll call vote; the motion passed unanimously, 5:0. MINUTES--Eugene City Council February 28, 2000 Page 5 Regular Meeting Regarding Item E, Councilor Kelly said he pulled the resolution because he thought it deserved better than to be adopted on a Consent Calendar. He wanted to highlight a very important and wide-ranging statement of principle for the community that would affect Eugene for a long time to come. He reviewed the definition of sustainability and encouraged staff to publicize the resolution to the public. Councilor Kelly urged the City Manager and department heads to take the resolution to heart and make it part of the culture of the organization. He thanked those responsible for the resolution, Councilor Lee moved, seconded by Councilor Taylor, to adopt Resolution 4618. Roll call vote; the motion passed unanimously, 5:0. The council took a three-minute recess. Mayor Torrey adjourned the meeting of the Eugene City Council and convened the meeting of the Urban Renewal Agency. 3. URBAN RENEWAL AGENCY: RESOLUTION 1004 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EUGENE FOR CENTRAL LIBRARY PROJECT FUNDING Councilor Lee moved, seconded by Councilor Taylor, to approve Resolution 1004 authorizing execution of an intergovernmental Agreement with the City of Eugene for Central Library Project Funding. Roll call vote; the motion passed unanimously, 5:0. Mayor Torrey adjourned the meeting of the Urban Renewal District and convened the meeting of the Eugene City Council. 4. PUBLIC HEARING AND POSSIBLE ACTION: AN ORDINANCE PROVIDING FOR WITHDRAWALS OF TERRITORIES FROM SPECIAL DISTRICTS Acting City Manager Warren Wong introduced the item. Mayor Torrey opened the public hearing. There being no requests to speak, the mayor closed the public hearing. Mr. Wong said that the council would consider Council Bill 4726, An Ordinance Providing for Withdrawal of Territories (Gansen, Ec Eu 99-01; Zorn, Ec Eu 99-12; Yates, Ec Eu 99-26; Adams, Ec Eu 99-27; Freuler, Ec Eu 99-28; Davis, Ec Eu, 99-30; C & G Development, Ec Eu 99-33; Block Development, Ec Eu 99-43; Peterson, Ec Eu 99-47; Mainstream Housing, Ec Eu 99-52; Carbone, Ec Eu 99-60; Mckee, Ec Eu 99-72; Parker, Ec Eu 00-03) from the River Road Water District and River Road Park and Recreation District; Withdrawal of Territories (Vegas, Ec Eu 99-45; Zollinger, Ec Eu 99-50; Gibson, Ec Eu 98-61; Myers, Ec Eu 99-68; American Legion Post #83, C Eu 99-04; Marquardt, C Eu 99-06; Jerry Brown Co., C Eu 99-13; Ward Limited Partnership, C Eu 99-16; Dahlin, C Eu 99-24; Bardwell, C Eu 99-25; J. Thompson, C Eu 99- 34; Houston, C Eu 99-35; M. Thompson, C Eu 99-36; Kallas, C Eu 99-37; Beat/future B Homes, C Eu 99- 55; Iverson, C Eu 99-57; Marsonette, C Eu 99-58; Louie, C Eu 00-01; Childers, C Eu 00-02) from the Santa MINUTES--Eugene City Council February 28, 2000 Page 6 Regular Meeting Clara Water District; Withdrawal of Territories (Shiflet, Ec Eu 99-22; Evans, Ec Eu 99-71; Thompson, Melvin, C Eu 99-05; Ward Limited Partnership, C Eu 99-16) from the Junction City Water Control District; Withdrawal of Territory (School District 4J, C Eu 99-23) from the River Road Water District, River Road Park and Recreation District, Santa Clara Water District. Councilor Lee moved, seconded by Councilor Taylor, 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. Mr. Wong said that the council would consider the bill by council bill number only. Councilor Lee moved, seconded by Councilor Taylor, that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 5:0, and the bill became Ordinance No. 20191. 5. PUBLIC HEARING AND POSSIBLE ACTION: AN ORDINANCE CONCERNING INCLUSION OF SCHOOL DISTRICT MEASURES IN VOTER'S PAMPHLETS; AMENDING SECTIONS 2.993, 2.996, AND 2.977 OF THE EUGENE CODE 1971 Acting City Manager Wong introduced the item, noting that Kate Fieland of the City Recorders Office was present to answer questions. Passage of the ordinance would allow the two school districts to participate in the Voters Pamphlet for the May election. Responding to a question from Councilor Kelly regarding the code provision related to the date the pamphlet was mailed and its relationship to vote by mail, Ms. Fieland indicated staff attempted to mail the voters pamphlet four to five days in advance of when ballots were mailed, using bulk mail. Mayor Torrey opened the public hearing. There being no requests to speak, the mayor closed the public hearing. Mr. Wong said that the council would consider Council Bill 4725, an ordinance concerning inclusion of school district measures in the Voter's Pamphlets; and amending sections 2.993, 2.994, 2.996, and 2.997 of the Eugene Code 1971. Councilor Lee moved, seconded by Councilor Taylor, 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. Mr. Wong said the council would consider CB 4725 by council bill number only. Councilor Lee moved, seconded by Councilor Taylor, that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 5:0, and the bill became Ordinance No. 20190. MINUTES--Eugene City Council February 28, 2000 Page 7 Regular Meeting 6. PUBLIC HEARING AND POSSIBLE ACTION: AN ORDINANCE CONCERNING A HAZARDOUS SUBSTANCE USER FEE; ADDING SECTIONS 3.690, 3.692, AND 3.694 TO THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY Mr. Wong indicated that Glen Potter of the Fire and Emergency Medical Services Department was present to answer questions. He recommended that action occur that evening. Mayor Torrey opened the public hearing. Terry Connelly, Chamber of Commerce, 1401 Willamette Street, voiced the same objections the chamber previously voiced about the proposed fee basis for the Right-to-Know program. The chamber believed it was bad public policy to make liberal interpretations of the voters' intent by choosing this means of funding the program. No evidence had been presented to demonstrate that the recommendation to charge companies on the basis of the number of their employees would not contradict the charter amendment, which was very specific about how the program would be funded. The additional manufacturers now being asked to pay the fee do not meet the charter amendment's definition of a hazardous substance user. Mr. Connelly further pointed out that the option before the council was based on quantity in that manufacturers meeting the ten- employee minimum and who use any hazardous substance in an amount above zero will be required to pay, and the courts had rejected the City's previous quantity-based fee structure. Mr. Connelly said that if the council adopted the ordinance it was likely committing more General Funds to the program because of legal challenges. It did not appear possible to implement the charter amendment as its drafters intended; he asked the council not to compound the problem by adopting a fee structure that contradicted the charter amendment. Gerry Moshofsky, 1240 East 22nd Avenue, said his company was covered by the Right-to-Know Program. His firm had worked with different levels of government to reduce its emissions. He said that manufacturers and businesses are good citizens and hire local residents. He believed that the company was well-regulated by reporting requirements already in place. He thought the City's program was redundant of other programs, and said if Eugene citizens wanted more protection the citizens should pay for it, not the businesses. Steve Johnson, Toxics Board member, 1825 Longview Street, urged the council to adopt the ordinance. He said that people arguing about the charter amendment and the portion removed by court order forgot about the severability clause in the charter amendment. That meant the remaining parts remained in effect. Mr. Johnson said businesses with ten or more employees using toxic materials were in the program to the degree they qualified. He urged the council to direct City staff to attempt to change the State law that makes it illegal for the City to base its fees on quantity. He said that the board supported a quantity-based fee and believed that the Appeals Court decision would have an effect on the City Fire Marshal's programs and other cities' programs. He believed the City would have allies in its effort to change the law. Clyde Carson, Toxics Board member, 618 D Street, opposed the ordinance. He said the charter amendment had been clear about who paid for the program, and that did not include small-quantity chemical users. He said the reason the board expanded the program to include those manufacturers was because it did not have any other choice. Mr. Carson said that the City should not expand the program simply because it could. He concurred with the remarks of Mr. Connelly. He felt the council was doing the best it could to advance an indefensible position. He did not think councilors favoring the ordinance cared about the voters' intent; they merely liked the program. MINUTES--Eugene City Council February 28, 2000 Page 8 Regular Meeting Evert Slyper, 2272 McLean Boulevard, co-president of Whittier Wood Products, said that his firm employed about 500 people. His company had a minor use permit for its furniture finishing process. He was opposed to the amendment. He said that the right-to-know amendment was a divisive issue, and the fee basis problematic. While Mr. Slyper believed that the "polluter pays" principle was the proper principle, he also believed a statewide solution was preferable to a local solution. Moshe Immerman, 1290 McLean Boulevard, supported the ordinance. He asked the council to return to the intent of the voters, noting the majority support shown for the charter amendment by citizens. He called the ordinance the cost of doing businesses. He supported cost-sharing to some degree but felt it was problematic in this case. Mayor Torrey closed the public hearing. Mr. Wong said that the council will consider Council Bill 4724, an ordinance concerning a hazardous substance user fee; adding sections 3.690, 3.692, and 3.694 to the Eugene Code, 1971; and declaring an emergency. Councilor Lee moved, seconded by Councilor Taylor, that the bill, with the 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. Mr. Wong said that the council would consider Council Bill 4724 by council bill number only. Councilor Lee moved, seconded by Councilor Taylor, that the bill be approved and given final passage. Councilor Rayor expressed appreciation to the business representatives who spoke. He acknowledged their arguments and said it was difficult to satisfy the wishes of those who paid and those who passed the charter amendment. He thought, however, that he understood the intent of the amendment. Councilor Kelly said the Court of Appeals decision had indicated the council was free to implement a fee structure consistent with the court ruling. He said the ordinance did that. Councilor Kelly expressed appreciation to Mr. Moshofsky for his firm's efforts to reduce its use of toxics. He disagreed that the program was redundant because it was an input and output reporting program. He called on businesses to work with the City to persuade the legislature to remove the quantity-based fee restriction. Regarding Mr. Slyper's suggestion for a statewide program, he concurred, and invited business to work with the City toward that end. However, in the last legislative session organizations such as the American Electronics Association were not there to work for a good statewide program, but to work in opposition to such a program and to dismantle Eugene's program. In the meantime, he felt the council needed to go with the option it had. Councilor Meisner said the Court of Appeals made the council's task more difficult. He thought it difficult to determine the voters' intent. He said the measure stated the program was to be financially supported by the manufacturers rather than the General Fund, and to do otherwise was truly at odds with the voters' intent. He MINUTES--Eugene City Council February 28, 2000 Page 9 Regular Meeting believed that the fee proposal was the best the City could do in the absence of an effective statewide program. Councilor Rayor asked legal counsel if there were administrative rules that could ease the fee for companies with large numbers of employees who use few chemicals. City Attorney Glenn Klein said any administrative rule must be consistent with the ordinance that was being passed. He suggested that the ordinance would need to be revised if the council wished to take the approach suggested by Councilor Rayor. Mr. Klein noted further that the ordinance governed the current billing year. Councilor Rayor said that he would like to look at options to address such situations after the billing cycle. Mayor Torrey said the City should not be putting measures of this type in the charter. He said that Mr. Rayor's concerns could have easily been addressed if the law was not in the charter. Mayor Torrey believed that when they passed the charter amendment, voters wanted to know where the toxins were, and if they had their say would want to charge those who created the problem. Mayor Torrey said he had hoped that the two opposing sides could get together on a solution, but acknowledged that was not likely to happen. Mr. Klein indicated that even if the ordinance was passed unanimously, it would not be accompanied by an emergency clause because there were only five councilors present. Roll call vote; the motion passed unanimously, 5:0, and the bill became Ordinance No. 20189. MINUTES--Eugene City Council February 28, 2000 Page 10 Regular Meeting 7. PUBLIC HEARING: RESOLUTION CALLING A CITY ELECTION ON MAY 16, 2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF EUGENE A MEASURE AUTHORIZING THE ISSUANCE OF A MAXIMUM OF $36.2 MILLION OF GENERAL OBLIGATION BONDS FOR SITING AND CONSTRUCTION OF NEW POLICE AND FIRE FACILITIES Mr. Wong introduced the item, noting the project costs for the proposed stations and associated financing costs for the general obligation bonds that would be required to underwrite the costs of the facilities. Mayor Torrey opened the public hearing. Cecily Cleveland, 152 Thomason Lane, opposed the proposal to build new police and fire facilities because it was her opinion the citizens could not afford it. She said the police were "like any other business" in that when it needed the people's money, it needed to convince them to invest in their service. She questioned such an expenditure when the library was not complete and a new city hall was being contemplated. She asserted that the City was using fear to attempt to convince people crime was going up. Ms. Cleveland said that crime was at an all-time low, and while crime will always occur, police do not prevent crimes from happening but merely respond to them. Having a newer, bigger building would not stop crime. She called for investment in prevention, education, citizen awareness, and decriminalization of victimless acts. Charles Biggs, 2405 Willakenzie Road, said that the process was going too fast and costing too much. He spoke of a poll conducted by a local news station, which indicated 92 percent of those responding were against the proposal. Approximately 180 people phoned in, although there were only five people at the first public workshop and only ten at the second. Mr. Biggs enumerated the other bonds that citizens were currently paying for, and suggested that soon the City's debt load would be "a billion dollars." Jim Hale, 1715 Linnea Avenue, spoke against the proposal. He wanted the council to put the fire and police stations issues on separate ballots. He believed a police presence did prevent crime and that there should be more police. For that reason, he thought the proposed facility was not sufficiently large to serve in the long term because the projections underlying its size did not assume more police. He disagreed with the conclusion of the City's consultant that a precinct approach would not work in Eugene because of its size. Mr. Hale called for five differently sized police precincts in Lane County, built in cooperation with other governments, and suggested that the City Council and Eugene's voters should "tell the rest of Lane County that they should get in and pay for that." Moshe Immermann, 1290 McLean Boulevard, spoke in support of the ordinance because of the seismic threat to existing City facilities. Mr. Immerman quoted from the October 30, 1997, issue of Nature magazine, which indicated that there had been extensive seismic activity in the Cascadia subduction zone and evidence of several extremely strong tsunamis 300 years ago. Mr. Immermann believed that on the basis of scientific evidence, the area was now two months past the likely time for another earthquake. He said that the City needed a state-of-the-art police facility to withstand such an event. He provided the council with copies of the article from Nature. John Brown, 1260 Charnelton Street, spoke in favor of the proposed ordinance. He said that no one at the public information sessions disagreed as to the need, but there was concern about the cost. The Police/Fire Stations Task Force had worked hard to keep the costs as Iow as possible. Mr. Brown said that there was currently no room downtown for an ambulance, so it was housed MINUTES--Eugene City Council February 28, 2000 Page 11 Regular Meeting at $0th Avenue and Donald Street. There were ten structures higher than eight stories in a 12- block radius of City Hall, the majority of which house senior citizens, but only 50 percent of the ladder capacity was in downtown. Mr. Brown saw no point in separating the issue on the ballot. If one service moved and the other stayed, City Hall would still have to be retrofitted to a higher standard at high cost to the taxpayers. Mayor Torrey closed the public hearing. He asked the council for questions or comments, and if it wished to take action that evening. Councilor Taylor did not think the council should take action that night. She also felt the issues on the ballot should be split, and that the fire issue was more urgent than the police issue. She believed a fire issue would have a better chance of passage because it cost less money. She said that all employees needed to be safe, not just the police, and City Hall should be upgraded for that reason. Councilor Taylor said that since the police work three shifts and only one-third would be on duty, and because most of the force would be patrolling or somewhere other than City Hall if an earthquake struck, she did not think the service would be paralyzed, while the same was not true of fire. Responding to Mr. Biggs' testimony, Councilor Kelly did not take self-selected polls such as television polls seriously and said that they were "less than nothing" in terms of accuracy. Regarding the total tax load, Councilor Kelly said that he had occasion to ask how the rating agencies consider the City's total debt load in relationship to how much it could legally carry, and was told the City was very conservative in the debt it carried. Regarding Councilor Taylor's remarks about the need for a seismic retrofit to protect all employees, he agreed, but pointed out that it would be much cheaper if City Hall had no essential services. Responding to Ms. Cleveland's testimony, Councilor Kelly said that the issue of a new city hall was no longer an issue as the City Council had indicated to the General Services Administration it was not interested in selling the current City Hall. He said that the council was not attempting to justify the expenditure a the basis of fear of crime; it was because the current police facilities in the basement of City Hall were undersized, poorly ventilated, and intended for storage, not as work space. The goal of the task force was to give the current force adequate space to work, and the future force room to expand at the same ratio of police officers to the population 20 years in the future. Councilor Kelly said that concerns about some police policies may be legitimate and he was working to resolve them with staff, but they were not relevant to the issue of whether the police should have an adequate and safe space to work. Councilor Meisner noted his agreement with the remarks of Councilor Kelly. He said that those who drew an analogy to the library drew an accurate analogy; the library was too small and spaces never intended for use by employees or the public were in active use. Mr. Meisner said the same thing was true of City Hall. If City Hall was upgraded seismically to include essential services, the facility would lose much usable space. He noted current prevention activities conducted by the police, and said those programs could not be expanded if there was no space for employees to work in. Mr. Meisner said that the task force members had pressed staff about every number, and he believed that the proposal was about as inexpensive as possible. Mr. Meisner reminded Mr. Biggs that the library bond was for operations only, not capital costs. The library was being constructed with Urban Renewal Agency revenues, proceeds from the sale of assets, and donations. He said he was not a fan of the property tax, but in the absence of MINUTES--Eugene City Council February 28, 2000 Page 12 Regular Meeting another funding source, he questioned what other option for funding construction existed outside that source. The council took a three-minute recess. Councilor Taylor stated that as a matter of principle she did not think the council should take action on a controversial question the same night it held a public hearing. Mayor Torrey adjusted the agenda by moving up item 11 in the agenda order. 8. ACTION: RESOLUTION 4621: A RESOLUTION CALLING A CITY ELECTION ON MAY 16, 2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AUTHORIZING THE ISSUANCE OF A MAXIMUM OF $36.2 MILLION OF GENERAL OBLIGATION BONDS FOR SITING AND CONSTRUCTION OF NEW POLICE AND FIRE FACILITIES Councilor Lee moved, seconded by Councilor Taylor, to adopt Resolution 4621 calling a City election on May 16, 2000, for the purpose of referring to the legal electors of the City of Eugene a measure authorizing the issuance of a maximum of $36.2 million of general obligation bonds for siting and construction of new police and fire facilities. Councilor Rayor moved, seconded by Councilor Meisner, to amend the resolution as follows: New Recital 'G:, The City Council agrees that only the amount needed for the capital construction of a new downtown police station and downtown fire station will be spent on this project. All funds remaining from the general obligation bonds will be used to reduce property taxes used to pay for the bonds. For purposes of this resolution, "capital construction" has the definition contained in Oregon Revised Statutes 310.140(17), except no bond proceeds may be used for the purchase of vehicles. Modify Section 4: Delete "police and fire facilities." Replace with "a new downtown police station and downtown fire station." New Section 3: All funds remaining from the general obligation bonds will be used to reduce property taxes used to repay the bonds. Responding to a question from Councilor Taylor, Mayor Torrey said that the issue was proceeding because of Mr. Lee's motion to take action. Councilor Lee expressed appreciation for Councilor Rayor's amendment, saying it adding accountability. Councilor Kelly agreed, and thanked Councilor Rayor for bringing it forward. Councilor Rayor said that he thought for some time that the bond should not be open-ended. The purpose of the amendment was to ensure that the funds were used as intended. He said that he would like to see it become standard practice in the future. MINUTES--Eugene City Council February 28, 2000 Page 13 Regular Meeting Councilor Meisner concurred with the remarks of other councilors. Roll call vote; the motion to amend passed unanimously. Councilor Taylor moved, seconded by Councilor Rayor, to amend the question by dividing the issues. Councilor Rayor said that while he thought both facilities needed to be moved, and he intended to support both, he thought two discrete measures were preferable in terms of maximum choice for the taxpayer. Roll call vote; the motion to amend failed, 3:2; councilors Taylor and Rayor voting yes. Councilor Lee supported the motion. He said that basic services must be protected and if the City could not do so it had failed as a public agency. He urged the council to think long-term, adding he thought the council should have dealt with the issue years ago. Councilor Lee said that if the measure did not pass initially, at least the council will have heightened the community's awareness of the issue. He said the council was doing the right thing by offering voters the proposal. Councilor Taylor said she supported the motion under protest; she did not think the measure had a chance of passage if both facilities were included on one measure, and the City was losing a chance of being certain its fire equipment would be available in case of an earthquake. Mayor Torrey believed the council was about to make a wise and prudent choice. He pointed out that the vote was only the first step in the process. The issue would ultimately be decided by the council's commitment to the ballot measure. Roll call vote; the motion passed unanimously, 5:0. Councilor Lee moved, seconded by Councilor Taylor, to appoint Tim Laue, Angie Sifuentes, and David Kelly to the proponent committee for this measure for the Voters Pamphlet. Roll call vote; the motion passed unanimously, 5:0. 9. ACTION: RESOLUTION 4614: A RESOLUTION CALLING A CITY ELECTION ON MAY 16, 2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING THE EUGENE CHARTER OF 1976 TO PROVIDE COMPENSATION FOR THE MAYOR AND CITY COUNCILORS Councilor Lee moved, seconded by Councilor Taylor, to adopt Resolution 4613 Calling a City Election on May 16, 2000, for the purpose of referring to the legal electors of the City of Eugene a measure amending the Eugene Charter of 1976 to provide compensation for the Mayor and City Councilors. Councilor Rayor moved to table the motion. The motion died for lack of a second. Councilor Lee reviewed the council's meeting schedule and said he believed the council's heavy work load merited some form of compensation. The issues before the council had become more complex and took more MINUTES--Eugene City Council February 28, 2000 Page 14 Regular Meeting time to resolve. The council needed more time to understand the issues and make good decisions. Councilor Lee said that times have changed; he believed the community would support council compensation. He noted he had chosen not to run again because of the heavy work load and the financial burden created by council service. Councilor Meisner agreed with Councilor Lee's comments. He agreed the time demands on councilors were very taxing. He said that while some citizens and the local newspaper suggested the council could reduce the time it spent by reducing the number of issues it addressed, at the same time they wanted the council to examine new issues. He noted the preparation required for meetings and the time consumed by the meetings themselves. Councilor Meisner called the measure a first step in a broader charter review. He hoped that compensation would broaden the pool of those who run for office. Mayor Torrey noted he had been quoted in the newspaper as not having a stand on the issue; he said that he supported the citizens right to vote on the issue, but would not take a position on the issue itself. He believed that the measure was motivated by a perception that there were citizens who could not serve on the council because they could not afford to. He was concerned about that. Roll call vote; the motion passed unanimously, 5:0. Councilor Lee moved, seconded by Councilor Taylor, to appoint Matt Donahoe, Scott Meisner, and Jon Belcher to the proponent committee for this measure for the Voters Pamphlet. Roll call vote; the motion passed unanimously, 5:0. MINUTES--Eugene City Council February 28, 2000 Page 15 Regular Meeting 10. ACTION: RESOLUTION 4613: A RESOLUTION CALLING FOR A CITY ELECTION ON MAY 16, 2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING THE EUGENE CHARTER OF 1976 TO AUTHORIZE EWEB TO PROVIDE ADVANCED TELECOMMUNICATIONS CAPABILITY Councilor Lee moved, seconded by Councilor Taylor, to adopt Resolution 4613 Calling a City Election on May 16, 2000, for the purpose of referring to the legal electors of the City of Eugene a measure amending the Eugene Charter of 1976 to authorize EWEB to provide advanced telecommunication capability. Councilor Rayor moved, seconded by Councilor Taylor, to amend the motion with the following: Section 4. The City Manager is directed to work with EWEB to develop a joint resolution for adoption by EWEB and the council by March 15. The joint resolution shall provide that EWEB's telecommunication activities comply with the following: 1) service to every address in the EWEB service area within the city limits; 2) open platform or open access; 3) collaboration with other governmental entities; 4) will not be funded with revenues from the water, electric, or other utilities; 5) use only nonrecourse bonds, which will not be issued without voter approval; and 6) involve a significant public involvement. If a joint resolution is not adopted by March 15, then this resolution is automatically repealed. Responding to a request for clarification from City Attorney Glenn Klein, Councilor Rayor indicated his intent was that the resolution would be binding within the city limits. In explanation of his amendment, Councilor Rayor said that there were many issues with the situation that had not been resolved because of the tight time frame associated with the charter amendment election. The motion would allow time for EWEB and the City to work through and resolve those issues. Since the resolution was a joint resolution, it would be binding until the EWEB commissioners and City Council agreed to change it. Councilor Lee asked about the nature of the United States Court of Appeals' open access issue, raised in testimony, and its applicability to the issue at hand. Mr. Klein said that the case, in his opinion, had nothing to do with the charter amendment as it involved the City of Portland and the actions taken by that city were not similar to those contemplated by Eugene. Councilor Meisner asked Mr. Klein to comment on Section 5 of the amendment, in particular the potential that EWEB would have the right to charge ratepayers for costs not recovered by revenues. Mr. Klein said that if only Section 5 existed, there might be a concern, but Section 4 precluded revenues from the other EWEB utilities from being used. Councilor Kelly requested comments about the proposed amendment from EWEB staff. Randy Berggren, EWEB's General Manager, said staff had a chance to review the amendment proposed and he did not object to it. Roll call vote; the motion to amend carried unanimously, 5:0. MINUTES--Eugene City Council February 28, 2000 Page 16 Regular Meeting Councilor Taylor asked which would offer more protection to consumers: a Memorandum of Understanding (MOU) or charter amendment. Mr. Klein said that the charter amendment gave the board the authority to decide whether to engage in telecommunications activities subject to the requirement that if it wished to issue bonds it must seek council authority. Without the charter amendment, the council would have more control over whether EWEB entered the telecommunications business. Councilor Taylor asked about the danger of the City being sued; did that change by the nature of the implementing vehicle? Mr. Klein said not significantly. The City could be named in the case of a suit if there was a charter amendment; in the case of an MOU, it was more likely the City would be named as well as a "tag along" defendant. Councilor Taylor asked if EWEB would be able to act more quickly with an MOU. Mr. Klein said yes, since EWEB would not have to wait for a May election to know if it had the desired authority. Councilor Meisner acknowledged EWEB's desire for speed but was concerned that the council was being asked to put the question on the ballot without a feasibility study or business plan. He wanted the proposed system, but had many questions. Councilor Meisner said he wished there had been time for the information he wanted to be provided, and regretted the speed with which EWEB was acting. He felt rushed, and did not feel he was making a fully informed decision, which left him uncomfortable. Councilor Meisner said that the final question could only be resolved by the voters. Any public education campaign was an EWEB responsibility, and he hoped such a campaign occurred. Councilor Kelly believed high-speed telecommunications was fast becoming a utility, and it was vital for public services, public education, and the economic future of the community. He said that if there was true competition as was suggested by those in the industry offering testimony, he would have his choice of more than one provider and the discussion the council was having might be different. Councilor Kelly did not have that choice, and he welcomed the addition of EWEB to the market if the playing field was level. Councilor Kelly noted his previous concern about moving forward without all the details of the business plan, but he was persuaded by the action the board took on February 15 ensuring a second public vote before any bonds were issued. He noted that EWEB had an elected board, and he trusted the board to know what it needed to do. He believed if EWEB did anything but what it stated, the board would be in trouble. Councilor Rayor noted his concurrence with the remarks of Councilor Kelly. He said that the City had placed the same constraints on EWEB that were on any other provider, had incorporated protections for the rate payer, and attempted to level the playing field. He felt the council had done what it could. Councilor Lee thanked the representatives of industry for their testimony before the council and said their concerns were real. He thought there was a legitimate argument regarding fairness and influence made by those representatives. He said the council needed to make a decision, and for the record he wanted to ask Mr. Berggren why EWEB was going to the public with the issue. Mr. Berggren responded that EWEB believed it needed full charter authority to be able to negotiate with business partners and develop a business plan it could take to the financial community. He believed EWEB needed a public vote. Councilor Lee said it appeared there was disagreement between legal counsel for the two bodies. Mr. Berggren concurred. He said that EWEB and the City's legal counsels disagreed on the course of action that was needed, and which path provided the most legal assurance for EWEB. MINUTES--Eugene City Council February 28, 2000 Page 17 Regular Meeting Councilor Lee asked if the board was comfortable with proceeding. Mr. Berggren said yes, and that the board understood the degree of uncertainty it faced. Councilor Rayor asked about the concerns expressed by the board's president about the proposal. Mr. Berggren said that the board president's concerns were generally philosophical; he did not believe EWEB should compete with the private sector and was concerned about the potential provision of content. He noted the board president had joined the rest of the board in approving the resolution calling for the system, but continued to have the same concerns. Mayor Torrey said he opposed "giving away" the charter responsibility each councilor agreed to uphold when they took office. He believed the council was prepared to enter into an MOU with EWEB and he did not oppose that. However, he opposed the use of the charter amendment process because of the rigidity of that process and the difficulty of changing the charter. He asked the council to grant an MOU to EWEB. Responding to a question from Councilor Taylor, Mr. Berggren reiterated that the board did not think it would have the needed authority to negotiate with a private sector partner without the charter amendment. He did not think the board would proceed if the City Council decided to support an MOU, suggesting that instead the board would consider what other actions it could take. He did not think EWEB would be able to discover the best business relationships if its private sector partners did not think it could do the work that needed to be done. Councilor Meisner asked Mr. Klein how EWEB would be in a different negotiating stance with an MOU. Mr. Klein said that he thought the authority given EWEB by an MOU would be the same as that granted by a charter amendment, and equally defensible. He recognized, however, that the issue was one over which there could be a legitimate difference of opinion. Councilor Meisner asked Mr. Berggren if any private party had indicated reluctance to negotiate under the authority of an MOU. Mr. Berggren said he could not state that specifically. He said that EWEB's counsel had a different view than City counsel as it related to the precedential strength of the charter versus the MOU approach. He believed that a private party would view an MOU as having a higher degree of risk because it was granted at the political will of the council. Charter authority would be more clear. He emphasized the board's commitment to a full public process. Regarding the mayor's concerns about the charter, Councilor Kelly said he would be more concerned if the amendment was longer and more complicated. He believed the provision of telecommunications services was a natural evolution of EWEB's service package. Roll call vote; the motion passed, 5:0. 11. ACTION: AN ORDINANCE ADOPTING THE 2000 HAZARDOUS SUBSTANCE TRACKING INSTRUCTIONS Glen Potter of the Fire and Emergency Medical Services Department was present to answer questions. Mr. Wong said the council would consider Council Bill 4723, an Ordinance Adopting the 2000 Hazardous Substance Tracking Instructions. MINUTES--Eugene City Council February 28, 2000 Page 18 Regular Meeting Councilor Lee moved, seconded by Councilor Taylor, that the bill, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 5:0. Mr. Wong said that the council would consider the bill by number only. Councilor Lee moved, seconded by Councilor Taylor, that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 5:0, and became Ordinance No. 20188. The meeting adjourned at 11:02 p.m. Respectfully submitted, Jim Johnson City Manager (Recorded by Kimberly Young) MINUTES--Eugene City Council February 28, 2000 Page 19 Regular Meeting