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HomeMy WebLinkAboutCC Minutes - 01/12/98 Work Session MINUTES Eugene City Council Council Chamber--City Hall January 12, 1998 5:30 p.m. COUNCILORS PRESENT: Pat Farr, Nancy Nathanson, Tim Laue, Scott Meisner, Bobby Lee, Betty Taylor, Laurie Swanson Gribskov, Ken Tollenaar. The January 12, 1998, dinner meeting of the Eugene City Council was called to order at 5:30 p.m.; Mayor Jim Torrey presiding. I. WORK SESSION: MEASURE 50 SERVICE REDUCTIONS--PROPOSED REVISION OF ART IN PUBLIC PLACES ORDINANCE City Manager Vicki Elmer termed agenda Items I and II logical extensions of the Ballot Measure 47/50 process. She said staff had forecast the need for four ordinances for the council at that time; two of four ordinances had already been acted upon, and two remained for action. Jim Johnson, Library, Recreation, and Cultural Services Department, identified two major proposed changes to the Art in Public Places ordinance: 1) administrative expenses associated with operation of the program would be paid by the Public Art Fund rather than the Transient Room Tax Fund; and 2) addition of a stipulation that one percent of the purchase price of any building purchased by the City for use as a public place would be used for art appropriations. He said that the latter change was not related to Ballot Measure 47/50. Mr. Meisner said that the effect of the ordinance would be to increase the purchase price of a building by one percent. Mr. Johnson concurred, but pointed out that appropriations for construction of public buildings also included one percent of the construction price for public art. He said that remodeling projects under $50,000 would not be subject to the ordinance. Ms. Swanson Gribskov asked if the effect of the second change would be to enhance the amount in the Public Art Fund. Mr. Johnson said it would have that result if the City acquired a building; one percent of the purchase would be applied to the fund. Ms. Swanson Gribskov moved, seconded by Mr. Fart, to accept the two changes to the ordinance proposed by staff. Roll call vote; the motion passed unanimously, 8:0. Mr. Johnson noted that the item was scheduled for public hearing on January 26. MINUTES--Eugene City Council January 12, 1998 Page 1 5:30 p.m. II. WORK SESSION: MEASURE 50 SERVICE REDUCTIONS--PROPOSAL TO REPEAL THE CONDOMINIUM AND MANUFACTURED DWELLING PARK CONVERSION ORDINANCE FROM THE EUGENE CODE Linda Dawson, Planning and Development Department, presented the item. She said that the proposal before the council was to repeal the Condominium Conversion and Manufactured Dwelling Park Closure ordinances. She provided background on the ordinance, which was adopted in the early 1980s in response to many instances where rental housing was converted to condominium use and to several manufactured home park closures. The ordinances were designed to address the council's concerns about the impact of those conversions and closures on special category tenants, the elderly, Iow-income persons, and persons with disabilities. Ms. Dawson said that there had been virtually no park closures or condominium conversions in recent years, with the exception of the manufactured home park closure on Coburg Road at the base of the Ferry Street Bridge. Due to a lack of funds to administer the ordinances, Ms. Dawson said, staff recommended they be repealed, and such situations be covered by State law. As a result of the repeal, special benefits such as housing counseling services and relocation benefits would no longer be available. An alternative would be to significantly raise the fees associated with the ordinances to supplant lost General Fund dollars. She noted that the costs associated with the special benefits associated with the ordinances were paid by the involved property owner. Ms. Dawson noted that a public hearing was scheduled for January 26. Mr. Tollenaar said that the issue had first brought him into contact with the City's Planning Commission. A manufactured home park closure in his neighborhood had resulted in a great deal of distress to residents. Private neighborhood fund-raising had assisted many of those tenants. As a result, the neighborhood proposed the ordinance to the Planning Commission, which subsequently recommended its adoption to the City Council. Mr. Tollenaar pointed out that the property owner was responsible for the special benefits costs of the ordinance, and questioned what administrative costs were involved if the City had experienced only one park closure since 1989. He did not see what it cost to leave the ordinance in place. In response, Ms. Dawson said that the administrative costs begin to build when the City receives an application, which was an unpredictable event. She agreed that when there was no activity, there were no administrative costs associated with the ordinances. Mr. Tollenaar believed that there continued to be a need for the ordinances, particularly the ordinance related to manufactured home park closures, as those facilities tended to be nonconforming uses in their current zones, were difficult to relocate, and often housed many of the community's most needy residents. He suggested there were alternative ways to handle the administrative costs, such as through a Contingency Fund request. Mr. Meisner concurred. He was concerned about the loss of both ordinances. Mr. Meisner pointed out that if the ordinances were repealed, staff would no longer be monitoring such situations in the community. If a need arose again for the protections included in the ordinances, they would be gone. He did not think that last year's park closure would be Eugene's last such closure. MINUTES--Eugene City Council January 12, 1998 Page 2 5:30 p.m. Ms. Swanson Gribskov questioned how many residents qualified for the protections offered by the park closure ordinance during the most recent such closure. Ms. Dawson said that there were 17 tenants who qualified for the protections offered by the ordinance. Mr. Torrey asked how much more than the current application fee of $550 should be charged to recover the administrative costs. Ms. Dawson recommended a base fee of $2,500, plus an hourly rate for additional work not covered by that fee. She said that in the case of a small condominium conversion, $2,500 might cover the costs of administering the ordinance. Responding to a question from Mr. Torrey, City Attorney Glenn Klein confirmed that the council could increase the fee without a vote if the fee increase went into effect July 1, 1998, or after; under Ballot Measure 50, General Fund resources could be replaced without a vote if the fee increase or new fee did not take effect until after that date. Ms. Swanson Gribskov expressed interest in knowing the number of affected tenants over time before the public hearing. Ms. Nathanson said that she did not favor scheduling a public hearing at this time. She believed that the ordinances were still needed. She did not hear other councilors speaking in support of repeal. Mr. Farr said that the ordinances concerned the loss of housing stock from the market, and he believed that the community had a shortfall of Iow- and moderate-income housing. He said that he preferred to strengthen the ordinance to make those who eliminate such housing pay more. Ms. Taylor supported retention of the ordinances, in particular the condominium conversion ordinance, although she acknowledged it had not been employed lately. She asked if a property owner receiving a tax exemption for Iow-income housing could convert those units to condominiums upon expiration of the exemption. Mr. Klein indicated he would research the question. Mr. Tollenaar referred to the draft Residential Lands Study policies cited in support of the staff recommendation, and said that the policies were not applicable to the repeal of the manufactured home park closure ordinance. Mr. Meisner said that he did not want to hold a public hearing. He agreed that there might be a better way to address the administrative costs for the ordinances, but questioned why the council was being offered the proposal at the same time it was being asked to consider a new Housing Code. Mr. Meisner said it seemed odd to abandon one type of housing while increasing protection for another type. He shared Mr. Farr's concern over the loss of housing stock, and pointed out that much housing downtown had been converted to other uses. Ms. Swanson Gribskov said that while there may be changes needed, there appeared to be consensus that the council did not want to hold a public hearing on repealing the ordinances. Mr. Klein noted that the fees were set by administrative rule, and any changes proposed to the fee structure by the City Manager were subject to public review. If the council wished to retain the ordinances, there was no need for a public hearing. MINUTES--Eugene City Council January 12, 1998 Page 3 5:30 p.m. Ms. Swanson Gribskov moved, seconded by Mr. Fart, that the council not repeal the concerned ordinances at this time, and to instruct the City Manager to examine the fee structure and propose a cost-neutral structure by July 1, 1998. If an application under the ordinances was made, the costs would be addressed by the council through a Contingency Fund request. Ms. Nathanson asked staff to consider the likelihood that multiple applications would be made in any single year and to consider how to plan for such an event. Ms. Swanson Gribskov said that she would still like the information requested of staff. Roll call vote; the motion passed unanimously, 8:0. III. CONTINGENCY FUND REQUEST--THE COALITION TO REBUILD COMMUNITY TELEVISION Ms. Elmer deferred to Ms. Taylor, who had brought the request for contingency funding to the attention of the council. Ms. Taylor spoke on behalf of the request, saying that Community Television was a good way to build citizen involvement and keep citizens informed about their community. She believed that informed citizens were more likely to participate in civic events. Ms. Swanson Gribskov moved, seconded by Mr. Fart, to authorize the expenditure of $7,500 from the Contingency Fund to enhance Community Television. Ms. Swanson Gribskov indicated she would not support the motion. She agreed that Community Television was an important community asset but questioned its relative priority given recent budget cuts and the City's limited funds. Ms. Swanson Gribskov noted her belief that Community Television would continue to exist. She did not think that the Contingency Fund was an appropriate source of funds for such requests, preferring to retain it for emergency uses. Ms. Swanson Gribskov did not want to set a precedent with unforeseen consequences. Mr. Fart said he would support the motion. He said that the City had not been very successful in fostering citizen involvement, and Community Television was a means of reaching out to people and getting them involved. Community Television could help citizens tell the council what they wanted. Mr. Meisner indicated his concurrence with Ms. Swanson Gribskov's remarks. He was concerned that there did not seem to be a significant attempt on behalf of the coalition to raise funds from sources other than the City. He reminded the council that Community Television was only available to those with the resources to purchase cable service. Ms. Nathanson said she had encouraged the City Manager and staff to make more use of public access when attempting to get information out about City initiatives. She agreed that Community Television reached only those with cable services, but she pointed out that involved quite a few citizens. Ms. Nathanson asked staff to distinguish between the programming offered by MINUTES--Eugene City Council January 12, 1998 Page 4 5:30 p.m. Community Television and the programs initiated by local government. She asked if start-up funds would be supplied by other government entities. Phil Weiler, Administrative Services Department, said that the contingency funding would not increase government broadcasting. It would allow members of the community to produce and cablecast their own programming. He referred the latter question to Mr. Laue, representative to the Metropolitan Policy Committee (MPC). Mr. Tollenaar said he was inclined to support the motion because of recent budget reductions in the cultural diversity programming offered by the Hult Center. He believed those reductions left a gap in the community that Community Television could help to fill to a small degree. He said that he had been impressed by the fact Eugene was a long way behind other Oregon communities in the field of community television. Mr. Laue concurred with Mr. Tollenaar, pointing out that in other communities the funding for Community Television came from the franchise fees paid by local cable providers. Eugene had chosen not to do so. Subsequently, the program budget was reduced through the Ballot Measure 47/50 process. He said that the MPC had discussed the issue at great length and agreed that the supporters of Community Television would form a nonprofit organization and assume responsibility for the program. Mr. Laue said that the Contingency Fund was used for a variety of reasons, with the caveat that funding was for one-time requests. He did not think that the supporters of Community Television would be able to make the transition to a nonprofit organization without the City's assistance. Mr. Torrey indicated he would vote to support the motion in the case of a tie. He considered the funding seed money that would give the transition process a lift. Mr. Torrey asked the supporters of Community Television to reach out to the entire community, not just those aware of the program now. Ms. Taylor said that Community Television increased career opportunities for young people and helped keep people informed. She said that she was aware of many Iow-income people who purchased cable services, although she regretted the channel was not available otherwise. Ms. Nathanson recollected her opposition in past years to Eugene's funding what was essentially a metropolitan program on its own. She supported the funding as seed money for a new organization. Roll call vote: 6:2; Ms. Swanson Gribskov and Mr. Meisner voting no. MINUTES--Eugene City Council January 12, 1998 Page 5 5:30 p.m. IV. ELECTION OF CITY COUNCIL OFFICERS Ms. Swanson Gribskov announced that the agenda item would be her last item of business as council president. Ms. Swanson Gribskov moved, seconded by Mr. Fart, that Mr. Fart be elected 1998 City Council President. Mr. Lee expressed his appreciation for Mr. Torrey's and Mr. Fart's ability to look beyond ideological differences and work with others. He said that the community needed more such individuals. Mr. Lee indicated his enthusiastic support for Mr. Fart as Council President. Roll call; the motion passed unanimously, 8:0. Ms. Swanson Gribskov moved, seconded by Mr. Fart, that Mr. Tollenaar be elected 1998 City Council Vice President. Ms. Taylor pointed out that it was customary for the vice president to continue as president the following year. She said only four of the councilors now sitting would still be in office next year, and Mr. Tollenaar had already declared his intent not to seek council office. Although she respected Mr. Tollenaar's abilities, she opposed his election for the reasons she had cited. Mr. Lee said that Mr. Tollenaar was the best candidate, which overrode for him the concerns expressed by Ms. Taylor. He said that he would like to give Mr. Tollenaar the opportunity to serve. Mr. Meisner supported the election of Mr. Tollenaar. He said that the council should be aware that it was breaking with long-time past practice. Mr. Meisner said that the position of vice president was not honorary and carried responsibilities. He observed that in one year's time, the council would be in the position of selecting a president with no experience, and that could be an awkward transition. In response, Mr. Tollenaar pointed out that the incumbent president could be reelected with a two-thirds vote. Ms. Swanson Gribskov said that the council should take advantage of Mr. Tollenaar's experience and skill in intergovernmental relations and negotiations. The motion passed unanimously, 8:0. V. ITEMS FROM MAYOR, CITY COUNCIL, AND CITY MANAGER City Manager Vicki Elmer welcomed the council back after its holiday recess. She said that she had enjoyed the last ten months as City Manager. Ms. Elmer reported on the progress of the Assistant City Manager selection process, saying that the candidates had been narrowed to two and site visits would soon occur. Mr. Lee thanked Ms. Swanson Gribskov for her leadership as Council President in what he characterized as a highly unusual year. MINUTES--Eugene City Council January 12, 1998 Page 6 5:30 p.m. Mr. Meisner thanked Ms. Swanson Gribskov for her service as Council President. Mr. Meisner reported that the former Owen house at the Owen Rose Garden would not be demolished but instead would be completely recycled by BRING. He acknowledged Public Works Director Christine Andersen for her work on the issue, and invited the council to visit the garden and see the recycling process at work. On behalf of the Bethel School District, Mr. Fart thanked Mr. Torrey for inviting the Shasta Middle School Jazz Band to perform at the State of the City address. He said that the experience instilled a sense of pride in the band members. Mr. Torrey thanked Ms. Swanson Gribskov for helping him as he presided over meetings during the past year. Mr. Torrey said that the Planning Commission discussed his recommendation that the council refer the Land Use Code Update to four outside groups. The commission had expressed concern that the specific identification of the four groups would preclude other groups from participating in the review process; Mr. Torrey said that was not his intent. Instead, he hoped the four groups could gather comment from throughout the community, and he would be disappointed if that did not occur. Ms. Elmer indicated that the council would consider Mr. Torrey's recommendation at its meeting on January 14. Ms. Swanson Gribskov indicated her support for Mr. Torrey's recommendation and suggested that the letter to the four groups inviting their participation encourage them to convey other people's input to the council. Ms. Swanson Gribskov reported that several trees had been topped at Hendricks Park. The trees were being retained as habitat trees. She said that the council should take advantage of citizens' energy and commitment toward the park. Ms. Swanson Gribskov said that development proposals for Moon Mountain continued to come up and were an issue of concern for many of her constituents. Ms. Swanson Gribskov noted the presence of houses considered nuisances by neighbors and suggested that further modifications were needed to the nuisance ordinance to address some of the more extreme circumstances. She asked staff to consider convening a group of neighbors who had complained about nuisance houses in the past to get their input on needed changes. Ms. Swanson Gribskov said that she had names of residents who were willing to participate in such a discussion. Mr. Torrey said that he had been contacted by a group of citizens concerned about a nuisance in their neighborhood and asking for his assistance. He had asked staff for a follow-up report, which he would make available to Ms. Swanson Gribskov. Mr. Laue thanked staff for reducing the speed limit on Jefferson Street from 30 miles per hour to 25 miles per hour. He said that the street was a major route for arterial vehicles and was not suitable for other traffic calming measures. Mr. Laue said that he hoped enforcement would follow the reduction in speed. MINUTES--Eugene City Council January 12, 1998 Page 7 5:30 p.m. Mr. Laue said that he had received a contact from a constituent related to the nuisance ordinance and the housing code. He said that he had mixed feelings about the need for a housing code, although many more such instances might convince him one was necessary. Mr. Laue thanked Ms. Swanson Gribskov for her service as Council President in a very difficult year. Mr. Tollenaar thanked Ms. Swanson Gribskov for her service as president and said that her facilitative skills were very useful. Mr. Tollenaar suggested that the council consider an amendment to the code regarding commercial solicitation that stipulated "no soliciting" signs must be observed by commercial solicitors. Responding to a question from Mr. Torrey, City Attorney Glenn Klein said that there may be First Amendment implications to Mr. Tollenaar's suggestion. He said that the Oregon Supreme Court had ruled on past attempts by communities to control solicitation; he did not think that Mr. Tollenaar's suggestion was an infringement on the basis of those decisions, although he would have to research the issue. He estimated that the research would take approximately one hour. Mr. Laue, Ms. Swanson Gribskov, and Mr. Meisner expressed concern about putting a regulation in place that the City had no funding to enforce or court capacity to prosecute. Mr. Klein suggested that the council consider an ordinance revision that allowed a private enforcement mechanism. While it might not discourage all solicitors, it would provide an enforcement mechanism without involving the City. Ms. Taylor said that the City could not legislate good manners. Mr. Torrey concluded there was no council support to pursue Mr. Tollenaar's suggestion. Ms. Nathanson asked that staff making presentations to the City Council be given the same packet provided to the council to avoid confusion when references were made to page numbers. Ms. Nathanson reported that the Council Committee on Citizen Involvement and Organizational Change was soliciting ideas and comments about citizen involvement from participants in a series of focus groups over the next two weeks. She hoped the committee could begin its work from the viewpoint of what it was trying to accomplish. Ms. Nathanson indicated that the committee would check in with the council on its work plan after the focus group process. Ms. Nathanson said that she attended a recent meeting of the Active Bethel Citizens and heard a very informative and useful presentation by Planning and Development Department staff regarding the Land Use Code Update. Ms. Nathanson indicated appreciation to Public Works Department staff for assistance on several issues in her ward, including the City's current assessment practices. She noted the impact of those practices on properties with double frontage and said that the resulting assessments were MINUTES--Eugene City Council January 12, 1998 Page 8 5:30 p.m. extremely costly. She said that often purchasers were unaware of potential assessments and were unprepared when they were levied. Ms. Nathanson thanked Ms. Swanson Gribskov for her service as Council President. Ms. Nathanson said she had enjoyed getting to know other councilors over the past year. Ms. Taylor expressed concern that the Council Committee on Finance was not reflecting the desires of the council and the council would not learn of the committee's recommendation until it was too late to put a measure on the May 1998 ballot to restore lost services. Mr. Tollenaar noted that the committee's recommendation would be considered by the council on January 14. Ms. Taylor reported that she had been contacted by constituents with the same concerns expressed by Ms. Swanson Gribskov's constituents. She said that the council should be concerned about issues outside their wards. She commended Ms. Swanson Gribskov for her work in facilitating meetings with concerned citizens. Mr. Torrey said that he had been contacted by a constituent from Mr. Laue's ward with a concern about the size of Eugene's wards. He asked when the City would reexamine the ward boundaries. Ms. Elmer responded that typically, such an examination occurred following receipt of the Federal census. She said that she would explore whether the effort could occur earlier. Mr. Torrey said that he was not interested in such an examination before the next election. Mr. Laue said that every ten years the State Legislature readjusted the legislative districts; traditionally, the council awaited that process and adjusted ward boundaries to match precinct boundaries. Ms. Swanson Gribskov encouraged the council to await the State Legislature's process. The meeting adjourned at 7:05 p.m. Respectfully submitted, Vicki Elmer City Manager (Recorded by Kimberly Young) r:1998~adm~cis~cc980 ~ ~ 2m2. MINUTES--Eugene City Council January 12, 1998 Page 9 5:30 p.m.