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HomeMy WebLinkAboutCC Minutes - 04/20/98 Meeting MINUTES Eugene City Council City Council Chamber--City Hall April 20, 1998 7:30 p.m. COUNCILORS PRESENT: Pat Fart, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor, Ken Tollenaar. The Adjourned April 15, 1998, meeting of the Eugene City Council meeting was called to order at 7:35 p.m.; Mayor Jim Torrey presiding. I. PUBLIC FORUM Mayor Torrey explained guidelines for participating in the Public Forum. Anne Teters, Post Office Box 11142, stated that humanity was the only life-form on earth that polluted the planet's air and water. She said the task of humanity was to live together in harmony with its environment. She proposed that sections of 4th Avenue and 10th Avenue be closed and turned into a community garden as a way to solve problems caused by automobiles. She suggested the plan could provide healthy benefits to the community, provide children places to play, and give residents an opportunity to live independent life-styles. She said she would report back to the council regarding her discussion of the proposal with those living in the area of the streets she suggested be closed. Lauren Heitzman, 3395 West 7th Avenue, stated that he was speaking on behalf of a group of citizens opposed to the closing of children's programs at the Petersen Barn Community Center. He described the need for such programs in the Bethel area of the City and the high level of participation in them. He urged the council to provide funding for their operation. Jim Lynch, 2350 North Terry Street #26, stated that he believed the closure of children's programs at the Petersen Barn Community Center was an example of the lack of support for the Bethel area of the City. He read a petition signed by 300 persons urging the council to make a commitment to public recreation and increase the services at the center. Mayor Torrey determined there was no one else present wishing to address the council and closed the Public Forum. Minutes--Eugene City Council April 20, 1998 Page 1 7:30 p.m. II. CONSENT CALENDAR A. Approval of City Council Minutes February 23, 1998, Dinner Work Session; February 23, 1998, Meeting, February 25, 1998, Lunch Work Session; March 2, 1998, Dinner Work Session; and March 2, 1998, Meeting B. Resolution Concerning Debt Issuance Authority to Purchase Atrium Building Res. No. 4560--A resolution authorizing the financing of the Atrium Full Faith and Credit Obligations, Series 1998 pursuant to ORS 271.390. C. Issuance Authority for In-CityAssessment Bond Sale Res. No. 4561--A resolution authorizing the issuance and sale of limited tax improvement bonds, Series 1998-R, in an amount not to exceed $1,100,000 for the purpose of financing local improvements. D. Approval of Minutes, Findings and Recommendations of Hearings Official and Adoption of a Resolution Forming a Local Improvement District for Brickley Road from Debrick Road to Hammock Street. (Job #3549) Res. No. 4562--A resolution forming a local improvement district (LID) for paving, curbs, gutters, sidewalks, and storm sewers on Brickley Road from Debrick Road to Hammock Street. Mr. Farr moved, seconded by Mr. Tollenaar, that the Consent Calendar for April 20, 1998, be approved. Mr. Tollenaar requested that Items A and D on the Consent Calendar be removed from the motion for consideration by the council. Ms. Taylor requested that Item D on the Consent Calendar be removed from the motion for consideration by the council. Mr. Meisner requested that Item A on the Consent Calendar be removed from the motion for consideration by the council. Ms. Nathanson requested that Item A on the Consent Calendar be removed from the motion for consideration by the council. Mayor Torrey stated that Items A and D were removed from the motion regarding the Consent Calendar. The amended motion was adopted unanimously, 8:0. A. Approval of City Council Minutes February 23, 1998, Dinner Work Session; February 23, 1998, Meeting, February 25, 1998, Lunch Work Session; March 2, 1998, Dinner Work Session; and March 2, 1998, Meeting Minutes--Eugene City Council April 20, 1998 Page 2 7:30 p.m. Mr. Meisner requested that sentence 1 of paragraph 7 on page 4 of the minutes of the March 2, 1998, meeting of the council be changed, as follows: Mr. Meisner expressed support for the interim per-employee approach and asked staff to explain the two budget levels. Mayor Torrey determined the proposed amendment was acceptable. Mr. Tollenaar requested that paragraph 11 on page 4 of the minutes of the March 2, 1998, meeting of the council be changed, as follows: Mr. Tollenaar said the method for setting Toxics Board fees ~ by the City Council was time-consuming and inefficient. Mayor Torrey determined the proposed amendment was acceptable. Ms. Nathanson requested that sentence 2 of paragraph 4 on page 4 of the minutes of the 7:30 p.m. meeting of the council on February 23, 1998, be changed, as follows: She asked when parking structures would be required financially feasible for commercial developments. Mayor Torrey determined the proposed amendment was acceptable. Ms. Nathanson requested that sentences 3 and 4 of paragraph 9 on page 4 of the minutes of the February 25, 1998, meeting of the council be changed, as follows: remained ,Jnre$o!ved. Ms. Nathanson said that she was p/eased with the analysis of managed police over-hires, but that she was frustrated that the issue had first been raised at a Budget Committee meeting four years and ten months previously. She pointed out the risks in having the problem persist. Mayor Torrey determined the proposed amendment was acceptable. Mr. Fart moved, seconded by Mr. Tollenaar, that Item A of the Consent Calendar be approved, as amended. The motion was adopted unanimously, 8:0. D. Approval of Minutes, Findings and Recommendations of Hearings Official and Adoption of a Resolution Forming a Local Improvement District for Brickley Road from Debrick Road to Hammock Street. (Job #3549) Res. No. 4562--A resolution forming a local improvement district (LID) for paving, curbs, gutters, sidewalks, and storm sewers on Brickley Road from Debrick Road to Hammock Street. Minutes--Eugene City Council April 20, 1998 Page 3 7:30 p.m. Ms. Taylor stated that she had requested that Item D be removed from the Consent Calendar to allow further discussion of issues involved. Mr. Tollenaar stated that he understood concerns raised by residents in the area of the proposed LID included the following: (1) the proposed improvements are not needed, in comparison to nearby streets; (2) the drainage problem to be corrected happens only rarely and affects only a few lots including those that have been paved for panhandle development; (3) lots with minimal street frontage due to panhandle development are assessed as if they had a sixty-foot frontage and are given unfair influence in requesting improvements; (4) the number of owners opposed to the district are in the majority; (5) lots south of the Hammock Street intersection are included in the district without any benefits; (6) the district will not increase property values; (6) original Lane County assessments paid for the cost of the existing street; and (7) irrevocable petitions on some properties do not include sidewalks. Mr. Tollenaar said that he believed formation of the LID should proceed, even though many of the concerns of area residents were valid. The council should be guided by the long-standing policy to upgrade streets to City standards when owners of a majority of the assessable frontage of affected properties made a request. He said to abandon the policy on any ad hoc basis would be unfair to those assessed for improvements in other districts throughout the City. Mr. Farr moved, seconded by Mr. Tollenaar, to approve the Minutes, Findings and Recommendations of the Hearings Official regarding the formation of a Local Improvement District for Drickley Road from Debrick Road to Hammock Street. Ms. Taylor said that she did not believe it was fair that the choice of a majority of the number of property owners was over ruled by the choice of the owners of property with a majority of the assessable frontage in the LID. In response to a question from Ms. Taylor, City Engineer Les Lyle stated that property with approximately 26 percent of assessable frontage in the proposed district was owned by one land holder (family). He said the assessable frontage calculations which had been followed in determining the recommendation that a LID be formed were established City policies. The assessable share that each property will bear is the basis of how much of a vote it would receive. Ms. Swanson Gribskov said that she hoped the council could discuss LID formation and assessment policies at some time in the future. Ms. Swanson Gribskov asked how the current LID request had been initiated. Mr. Lyle replied that a single property owner had requested through poll letter responses and personal contact that the project be initiated along with the irrevocable petitions. Ms. Swanson Gribskov asked if there were ways the City could encourage early reporting of irrevocable petitions during the sale of property. Mr. Lyle replied that the petitions were all recorded with deeds for the property and were available to potential buyers, but that potential purchasers that are generally not informed of their existence until the time of the closing of a sale. He said that City staff was working with the real estate board to encourage that potential buyers be voluntarily made aware of irrevocable petitions earlier in the sales process. Minutes--Eugene City Council April 20, 1998 Page 4 7:30 p.m. Ms. Swanson Gribskov said that she hoped the council could discuss issues related to panhandle lot development policies at some time in the future. Mr. Meisner stated that he favored a statewide solution to problems related to the reporting of irrevocable petitions to buyers of property. He suggested that the Council Committee on Intergovernmental Relations consider it for inclusion on the City's legislative agenda. He said he hoped the council could discuss issues related to alley assessment methodology at some time in the future. Ms. Nathanson said that she was pleased that staff was making progress regarding developing more fair assessment practices for property with double frontage issues. She said she supported seeking a statewide solution to problems related to irrevocable petitions. The motion to approve the Minutes, Findings and Recommendations of the Hearings Official was adopted unanimously, 8:0. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Resolution Number 4562 be approved. The motion was adopted, 7:1, with Ms. Taylor voting no. III. APPOINTMENTS TO STANDING BOARDS AND COMMISSIONS: BUDGET COMMITTEE AND PLANNING COMMISSION Mr. Fart moved, seconded by Mr. Tollenaar, to appoint Jennifer Solomon to position 2 on the Eugene Budget Committee for a three-year term ending May 31, 2002; to appoint Richard Dwyer to position 3 on the Eugene Budget Committee for a three-year term ending May 31, 2002; to appoint Sylvia Roehnelt to position 7 on the Eugene Budget Committee for a three-year term ending May 31, 2002. In response to a question from Ms. Taylor, City Attorney Glenn Klein explained that ballots submitted by councilors expressing preferences for appointment to the Budget Committee had no legal standing and that it would be possible for councilors to vote on each position individually by the parliamentary procedure of dividing the question. Ms. Taylor moved to change the voting procedure for voting on appointments to the Budget Committee. Mayor Torrey determined there was no second to the motion of Ms. Taylor and declared that it was not under consideration. Ms. Taylor moved, seconded by Mr. Laue, to amend the motion to appoint members of the Eugene Budget Committee by dividing the question into three separate questions. The motion was adopted 6:2, Mr. Lee and Ms. Nathanson voting no. Mr. Fart moved, seconded by Mr. Tollenaar, to appoint Jennifer Solomon to position 2 on the Eugene Budget Committee for a three-year term ending May 31, 2002. Minutes--Eugene City Council April 20, 1998 Page 5 7:30 p.m. Ms. Taylor stated that she favored appointing persons to the Budget Committee who had a longer time of investment with relevant issues. Ms. Nathanson stated that she did not object to the current practice of staff collecting and reporting straw votes of councilors on appointments. She said she was concerned that discussion of individual appointments could lead to embarrassing situations. She said she was also concerned that when candidates for appointment to the Budget Committee were received only one resided north of the Willamette River. Mr. Farr stated that his intention in the original motion was to appoint candidates which had received a clear majority of preliminary votes from councilors. Ms. Taylor stated that she would continue to raise issues regarding appointments because she believed unqualified persons had been appointed to positions in the past and that the current voting practice eliminated individual councilors from responsibility for the appointments. The motion to appoint Ms. Solomon was adopted, 7:1, with Ms. Taylor voting no. Mr. Farr moved, seconded by Mr. Tollenaar, to appoint Richard Dwyer to position 3 on the Eugene Budget Committee for a three-year term ending May 31, 2002. Mr. Tollenaar moved, seconded by Mr. Meisner to amend the motion by substituting the name of Craig Wanichek for that of Richard Dwyer. Mr. Tollenaar stated that he favored the appointment of Mr. Wanichek because he believed he was an exceptionally qualified candidate. Mr. Meisner stated that he favored the appointment of Mr. Wanichek, but that if the amendment was defeated he would support the appointment of Mr. Dwyer. The motion to substitute was adopted, 5:4, with Mayor Torrey voting yes. Ms. Taylor moved to amend the amended motion by substituting the name of Lois Smith for that of Craig Wanichek. Mayor Torrey determined there was no second to the motion of Ms. Taylor and declared that it was not under consideration. The motion to appoint Mr. Wanichek was adopted 5:4, with Mayor Torrey voting yes. Mr. Farr moved, seconded by Mr. Tollenaar, to appoint Richard Dwyer to position 7 on the Eugene Budget Committee for a three-year term ending May 31, 2002. Minutes--Eugene City Council April 20, 1998 Page 6 7:30 p.m. On the advice of Mr. Klein, Mayor Torrey declared the motion out of order because it was not the third part of the motion which had been divided. Mr. Fart moved, seconded by Mr. Tollenaar, to appoint Sylvia Roehnelt to position 7 on the Eugene Budget Committee for a three-year term ending May 31, 2002. Ms. Swanson Gribskov moved to amend the motion to substitute the name of Richard Dwyer for that of Sylvia Roehnelt. The motion was adopted 5:3, with Mr. Lee, Ms. Nathanson, and Ms. Taylor voting no. The motion to appoint Mr. Dwyer was adopted unanimously, 8:0. Mr. Fart moved, seconded by Mr. Tollenaar to reappoint Robed Conrad to position 6 and reappoint Arthur Farley to position 7 on the Eugene Planning Commission for four-year terms ending May 31, 2002. The motion was adopted unanimously, 8:0. IV. ORDINANCES CONCERNING STREET VACATIONS FOR MOSS STREET AND COLUMBIA STREET City Manager pro tern Jim Johnson announced that the council would consider Council Bill 4646, an ordinance vacating a street right-of-way described, as follows: The 1400 block of Moss Street, east of Agate Street, west of Villard Street, north of East 15th Avenue Tax Lots 7700, 7800, 7900, 8000, 8100, Assessor's Map 17-03-33- 32; and Tax Lot 1500, Assessor's Map 17-03-32-41, more particularly described in Exhibit A attached to the proposed ordinance, reserving therein a public utility easement as set forth in Exhibit A. (University of Oregon, SV 98-1). Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4646, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 8:0. Mr. Johnson announced that the council would consider Council Bill 4646 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4646 be approved and given final passage. Ms. Nathanson said that she appreciated how the proposed ordinance stated that the vacation was a unique situation and addressed the issue of it not setting a precedent. Mr. Meisner stated that he agreed with Ms. Nathanson and that he did not want to set any precedent of giving away City property. The motion was adopted unanimously, 8:0, and became Ordinance 20115. Minutes--Eugene City Council April 20, 1998 Page 7 7:30 p.m. Mr. Johnson announced that the council would consider Council Bill 4647, an ordinance vacating a street right-of-way described, as follows: The 1300 block of Columbia Street, east of Agate Street, west of Villard Street, south of East 13th Avenue, Tax Lots 1500, 2700, 2800, 2900, 3000, 3100, 3300, Assessor's Map 17-03-32-41, more particularly described in Exhibit A attached to the proposed ordinance, reserving therein a public utility easement as set forth in Exhibit A. (University of Oregon, SV 98-2). Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4647, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 8:0. Mr. Johnson announced that the council would consider Council Bill 4647 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 44647 be ap- proved and given final passage. The motion was adopted unanimously, 8:0, and became Ordinance 20116. Mayor Torrey adjourned the meeting to the McNutt Room at 8:35 p.m. V. COUNCIL MEETING ISSUES Mr. Johnson distributed memoranda, as follows: · from Mary Walston dated April 20, 1998, regarding a joint meeting of the City Council and Executive Managers. · from Jim Johnson dated April 17, 1998, regarding off-site City Council meetings. Mayor Torrey said that he supported holding City Council meetings outside of City Hall and hoped staff would develop a proposal for consideration by the council. Ms. Taylor said that she supported holding informal meetings in neighborhoods, but that she preferred that regular council meetings be held at City Hall. Mr. Fart said he believed there could be acceptable reasons for council meetings outside of City Hall. Mr. Lee said he was willing to experiment with holding meetings outside City Hall and suggested that consideration be given to holding a council meeting on West Broadway. Ms. Nathanson said she appreciated holding meetings outside of City Hall, but was concerned about impacts of such meetings on council election campaigns. Minutes--Eugene City Council April 20, 1998 Page 8 7:30 p.m. Ms. Swanson Gribskov said she believed council forums held outside of City Hall had been positive, but was less sure about the value of scheduling regular meetings of the council off-site. She said she did not believe the extra cost was worth the value created. Mr. Laue said he did not believe there discernible value would be gained from holding council meetings outside of City Hall. He suggested such meetings would be more convenient to some, but less convenient to others. He also suggested that if regular meetings were held off-site, special attention would need to be given to widespread notification processes. Mr. Meisner said he was not enthusiastic about holding regular council meetings outside of City Hall because of notification concerns. He said he believed councilors were elected from a Ward, but that they represented the entire City, which was symbolized by holding meetings at City Hall. Mr. Tollenaar said that the increased cost of holding council meetings outside of City Hall had convinced him to not favor holding regular council meetings outside of City Hall. He said that the ease of using public transportation to the City Hall made holding meetings there valuable. Mayor Torrey asked councilors to informally express their opinion about whether to move forward the proposal to hold meetings of the City Council outside of City Hall. Councilors unanimously expressed the opinion that such a proposal should be given no further consideration. PERMANENT CITY MANAGER APPOINTMENT PROCESS Mayor Torrey reminded councilors of his previous recommendation that the process to appoint a new City Manager not begin until 1999. He asked that the council discuss the recommendation and seek consensus regarding the timing of a process. Ms. Taylor stated that she believed a process to appoint a new City Manager should begin immediately. Ms. Nathanson said that she believed a joint meeting of the City Council and Executive Managers such as described in the memorandum of Ms. Walston would be helpful in determining when a process for appointing a new City Manager should begin. Mr. Tollenaar said that he believed the current members of the City Council should appoint the new City Manager because: (1) long-term pro rem appointments were discouraged in the model charter for cities to avoid abuse of the Council-Manager system of municipal government; (2) the current council was best prepared to make the appointment and a new council would have at least two new members; and (3) an expensive and extensive recruitment process was not likely needed. He suggested that he supported beginning a process to appoint a new City Manager in the fall after a period of stabilization in City leadership. Ms. Nathanson left the meeting at 9:05 p.m. Mr. Fart said he had been convinced by comments of councilors to move from his previously held position of preferring to wait until January to begin a process to choose a new City Manager. He said he supported making a decision about a process after a joint meeting of the City Council and Executive Managers. Minutes--Eugene City Council April 20, 1998 Page 9 7:30 p.m. Mr. Meisner said that he agreed with Mr. Tollenaar about the value of a less extensive process to recruit a new City Manager. He said he believed it would be possible for City staff to conduct such a process and would do a better job than an outside consultant in matching applicants with the unique needs of the area. He said he wanted to focus on the responsibilities of setting policy for the City. He suggested that the proposed joint meeting of the City Council and Executive Managers take the form of a "retreat" and that it concentrate on the expectations of a City Manager. Ms. Swanson Gribskov said she believed no decision about a process for choosing a new City Manager should be made until after the proposed joint meeting of the City Council and Executive Managers. Ms. Taylor said that she favored beginning a recruitment process immediately because she did not believe there was adequate stability in having a City Manager pro tern. She said she did not believe there was an advantage to waiting for newly elected council members to participate in the process. She said she believed having a City Manager job description was essential to properly filling the position. Mr. Laue said that he did not believe recruiting a new City Manager could be a quick process. He reminded councilors that the process to choose the previous manager had taken ten months. He said he agreed that holding a joint meeting of the City Council and Executive Managers would be valuable. Mr. Lee said he believed current councilors had learned a great deal about the role of the City Manager in the preceding six months and was prepared to address significant issues. In response to a question from Mr. Lee, Mr. Tollenaar said he believed a formal announcement of a search for a new City Manager could be made in late summer and that the process to make an appointment could be completed by the end of the year. He suggested that the current council would likely reach more quick agreements regarding an appointment than previous councils, especially because of the work accomplished in the previous search process. In response to a question from Mr. Lee, Mr. Johnson said he did not believe a joint meeting of the City Council and Executive Managers could be arranged before June. Mayor Torrey suggested that May through July be used for staff research of potential processes for appointment of a new City Manager and that the council concentrate on attaining its stated goals. He suggested that consideration of the research of staff be considered by the council in August and that a process for selecting a new manager begin in September. Mayor Torrey said he had discerned a high degree of trust by councilors in the newly appointed Acting City Manager. Mayor Torrey suggested that the City Council Officers prepare a recommendation on how to develop a process for appointing a new City Manager. Mr. Meisner said he believed the suggestions of Mayor Torrey were reasonable, but that he was concerned that no mandate be given for the current council to appoint a new manager. He said Minutes--Eugene City Council April 20, 1998 Page 10 7:30 p.m. he was not prepared to place the search for a new manager above other goals of the council work plan. Mr. Klein pointed out that asking the City Council Officers to operate as a committee could involve issues related to requirements of Oregon Public Meeting Statutes. Mayor Torrey said that his suggestion was that the two officers prepare a recommendation as individuals, not as a committee. Mr. Tollenaar stated that he felt there was near consensus to proceed as recommended by the mayor. Mayor Torrey determined that no councilor wished to make a comment or relevant motion and adjourned the meeting at 9:30 p.m. Minutes--Eugene City Council April 20, 1998 Page 11 7:30 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tern (Recorded by Dan Lindstrom) R:~1998~Adm Services~CIS~Councfllccg$O,12Om2. wp¢l Minutes--Eugene City Council April 20, 1998 Page 12 7:30 p.m.