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HomeMy WebLinkAboutCC Minutes - 04/29/98 Work Session MINUTES Eugene City Council McNutt Room--City Hall April 29, 1998 11:30 p.m. COUNCILORS PRESENT: Pat Fart, Ken Tollenaar, Tim Laue, Scott Meisner, Laurie Swanson Gribskov, Bobby Lee, Betty Taylor. COUNCILORS ABSENT: Nancy Nathanson. The adjourned City council meeting of April 20, 1998, was called to order at 11:35 a.m.; His Honor Mayor James D. Torrey presiding. I. ACTION ITEMS A. Approval of Minutes Mr. Fart moved, seconded by Mr. Tollenaar, to approve the City Council minutes of March 9, 1998, Meeting; March 11, 1998, Lunch Work Session; and March 16, 1998, Dinner Work Session. Mr. Meisner requested that sentence 1 of paragraph 5 on page 6 of the minutes of the March 11, 1998, Work Session be changed, as follows: Mr. Meisner said he was supportive of pursuing study and planning such a possible project provided that it was preceded by a broad public discussion and that the national, State, and possibly a municipal flag were included in the discussion. Mayor Torrey determined there was no objection to making the change. Mr. Lee requested that paragraph 5 on page 3 of the minutes of the March 11, 1998, Work Session be changed, as follows: Mr. Lee expressed support for the motion, with the understanding that the mayor would either sing or dance at the Jamboree. Mayor Torrey determined there was no objection to making the change. The amended motion was adopted unanimously, 7:0. MINUTES--Eugene City Council April 29, 1998 Page 1 11:30 a.m. B. Eugene Celebration Management Proposal City Manager Jim Johnson reviewed council actions which had led to issuance of a Request for Proposals (RFP) for the management of the Eugene Celebration. He explained that the response of Eugene Downtown Inc., (DEl) was the only proposal received and that it appeared to respond well to council requests contained in the RFP. Mr. Johnson reviewed City financial support requests included in the proposal, as follows: · Six months of support for the position of Special Events Manager ($28,787). · The cost of funding the services by Police and Public Works Departments ($34,500). · A one-time grant based on a $1 :$1 match of 1998 sponsorships (maximum of $150,000). Mr. Johnson reported that staff recommended that Transient Room Tax (TRT) revenue (not General Fund Contingency resources) be used to continue the employment of the Special Events Manager. He said there was adequate excess in the TRT and that Chapter 236.610ff of the Oregon Revised Statutes (ORS) would affect the transfer of a City employee to a non-public agency. Mr. Johnson reported that staff recommended that TRT revenue also be used to fund the matching grant proposal. He said the matching program should include only cash sponsorship contributions, not in-kind services. He explained the staff recommendation that the TRT advanced funds be reimbursed over as many years as it takes, until the full amount is repaid, as follows: · First, a working capital fund of $250,000 for the next event would be created. · Second, 25 percent of revenue in excess of expenditures remaining after creation of the working capital fund would be used to repay the City's share of the first year matching grant. · Third, revenue in excess of expenditures remaining after creation of the working capital fund and the proposed repayment of the matching grant would be reinvested in additional downtown events and for community projects. Mr. Johnson reported that staff recommended that the City contribute a maximum of $34,500 toward the cost of Public Works and Police personnel assigned during the Eugene Celebration weekend for the 1998 and 1999 Eugene Celebrations only and that fees for using City-owned property to stage the Eugene Celebration be waived for a period of three years. Mr. Johnson reported that a representative from the Nike World Masters Games had stated that no agreement had yet been reached for the event to sponsor a downtown party, as might be implied from the response of DEl to the RFP. Mr. Meisner said that he appreciated the work of staff and the proposal submitted by DEl. He determined that TRT loans were recommended to be without interest and that contracts written MINUTES--Eugene City Council April 29, 1998 Page 2 11:30 a.m. to accept the proposal would account for the potential of less than anticipated repayment schedules. He said he supported the recommendations to use TRT revenue and to place a cap and limit on the Police and Public Works Department expenses to be provided by the City. Mr. Lee said that he was very impressed with the ability of DEl and staff to prepare the proposal and recommendations. He said he believed profit earned by the celebration should be used for social services. He said he would support the staff recommendation. Mr. Tollenaar said that he was relieved that no General Fund was to be used in the proposal. He asked if contacts had been made with other users of TRT revenue. Mr. Johnson replied that no such contacts had been, but reminded councilors that previous cuts to the TRT small grants had been restored. Mr. Tollenaar said that he would have preferred to have repayment to the City to receive 100 percent of the excess revenue of the Celebration because it already supported proposed other recipients. He suggested that there would likely be very little profit in the project. Ms. Taylor said that she was delighted with the proposal of DEl and favored having profit being used to encourage other downtown events. She said she was upset that it was recommended that revenue be taken from TRT because she believed the Celebration was an ideal candidate for the use of Contingency funds. She said she would support the staff recommendation, however it is refined. Mr. Fart said that he would support the staff recommendation, even though the Eugene Celebration was not well attended by Bethel/Danebo area residents. He asked if there were expenses for allowing groups to use City-owned property. Mr. Johnson replied that the purpose of fees for such use was to recoup the cost of staff involvement in planning and other incidental expenses. Mr. Fart said that he could support extension of a fee waiver for the Eugene Celebration beyond three years. He said he supported the use of TRT funds since it was to be repaid. Ms. Swanson Gribskov stated that she supported the staff recommendations. She said she believed it was wise to "spin off" management of the Celebration to a nonprofit organization. She asked why $150,000 had been chosen for the matching grant, when the shortfall of previous years had been less. Mr. Johnson replied that the request was not related to anticipated shortfalls, but a desire to establish a fund to provide for cash flow in the sponsorship of future Celebrations. Ms. Swanson Gribskov said she supported use of TRT revenue to provide support for the Celebration, but preferred a 50 percent or smaller payback of the funds to generate support for additional downtown activities. She suggested that a future council could decide to make further contributions to the Celebration. She asked how the $300,000 budget proposed for the 1998 Celebration had been determined. Mr. Johnson replied that the proposal was similar to those developed for previous Celebrations. Mr. Lee said that he did not agree that 100 percent of the profits from the Celebration should be used to repay loans from the City because of the positive value of the event. MINUTES--Eugene City Council April 29, 1998 Page 3 11:30 a.m. Mr. Meisner said that he believed the 1998 Eugene Celebration should provide increased family activities and be less alcohol-based. He suggested that the proposed loans be made from TRT funds, but that other funding be provided from General Fund Contingency resources. Ms. Taylor said she believed the highest priority of the council should be to restore cuts made to cultural and recreation services of the City. She said such restorations should be made through TRT funds, but that she believed Contingency funds were, by definition, appropriate to support a one-time request to support the Eugene Celebration. Mayor Torrey replied that a policy decision had been made in 1998 to provide one-time support for the Eugene Celebration from Contingency Funds. Mr. Tollenaar said he supported the use of TRT funds to support the Eugene Celebration because activities like it were the purpose of such funds. He said he could agree to not limit the City contributing the cost of Police and Public Works Department services to the Celebration to three years, but he suggested that similar other events would then have a legitimate reason to expect similar support. Mr. Johnson added that Police and Public Works Department services were paid by similar events, that staff had made the suggestion for a three-year transition to having the Celebration pay such expenses because some of the need for such services was not in the control of the event sponsor. Ms. Taylor pointed out that the City would pay for the cost of Police and Public Works Department services in the event of an emergency. Ms. Swanson Gribskov said that she supported the use of TRT funds in order to protect the availability of General Fund Contingency resources. She said she believed establishment of a cap on expenses for the Police and Public Works Departments was wise and that such support could be renegotiated at some point in the future. Mr. Laue observed that councilors tended to make many comments on issues about which there was general agreement. He said he supported the use of TRT funds because he believed General Fund Contingency resources should be reserved for emergencies. He said he also supported a faster payback of TRT funds than proposed. Mr. Farr moved, seconded by Mr. Tollenaar, to approve recommendations of staff regarding establishment of a contract for management of the Eugene Celebration, except that the recommendation for the second use of proceeds for repayment of the Transient Room Tax funds be changed from "at least 25 percent" to "50 percent." and that the following phrase would replace the final sentence in the recommendation of staff regarding the cost of Public Works and Police personnel assigned during the Celebration weekend: "and after two years the City Council will review and make a recommendation about future support for such operations." Mr. Tollenaar moved to amend the motion to change the repayment of Transient Room Tax funds to "75 percent" Mr. Farr stated that he accepted the change as part of his motion. Ms. Swanson Gribskov moved, seconded by Ms. Taylor, to amend the motion to change the repayment of Transient Room Tax funds back to "50 percent." MINUTES--Eugene City Council April 29, 1998 Page 4 11:30 a.m. Downtown Eugene, Inc., Executive Director Russ Brink was asked by Mr. Johnson to respond to a question from Mr. Lee regarding the preference of his organization for distribution of revenue in excess of expenses derived from the Celebration. Mr. Brink stated that it was the intent of DEl to distribute such revenue to community programs. He said the programs identified in the proposal were not to be interpreted as the only ones which would be considered for support. The motion to amend was adopted, 5:2, with Mr. Meisner and Mr. Tollenaar voting no. Ms. Swanson Gribskov moved, seconded by Mr. Meisner, to amend the motion by replacing the substituted phrase "and after two years the City Council will review and make a recommendation about future support for such operations" with the final sentence in the original recommendation of staff regarding the cost of Public Works and Police personnel assigned during the Celebration weekend. The motion to amend was adopted, 5:2, with Mr. Fart and Ms. Taylor voting no. The amended motion was adopted unanimously, 7:0. II. NON-ACTION ITEMS A. Work Session: Recommendations from the City Council Committee on Homelessness and Youth Related to an Ordinance on Overnight Sleeping Development Division Housing and Neighborhood Development Section Manager Richie Weinman reviewed development of Ordinance 20097 which authorized sleeping activities that primarily relate to homeless persons. He said there had been few complaints related to backyard camping and camping at the twelve religious institutions participating in the program. He described camping in industrially zoned areas of the city. He said fewer complaints than many expected had been received about such camping and that they mostly related to sanitation, debris, dogs, harm to wetland areas, safety, and the cost to the City of the rental of portable sanitation facilities. He said that staff recommended extension of the ordinance to June 30, 1999, in order to gain the experience of its operation through an entire year. Mayor Torrey explained that the Council Committee on Homelessness and Youth recommended that the ordinance be extended for two years to June 2000 and that it be reviewed for possible modification in May 1999. Mr. Farr stated that a public hearing on the ordinance was tentatively scheduled for May 11, with action on it to take place later. He said that the Council Committee on Homelessness and Youth had heard a great deal of testimony regarding the ordinance and had taken steps to mitigate concerns raised, such as having an area near a sensitive wetland posted "No Overnight Parking Allowed." He said he believed safety issues raised regarding sleeping in industrially zoned areas were based on perception, not reality. He said that the council should consider creating budget allocations for the cost of providing sanitation facilities. He reported that the Eugene-Springfield Homeless Action Coalition had expressed an interest in developing an education campaign among those who sleep in industrially zoned areas regarding the importance of debris cleanup. MINUTES--Eugene City Council April 29, 1998 Page 5 11:30 a.m. Mr. Meisner said that he agreed with the statements of Mr. Weinman regarding camping permitted by the ordinance, but that he was concerned that prohibitions against illegal camping in residential areas were not being enforced. He said he had received numerous complaints about such abuses from residents in his ward. He said he believed enforcement of such prohibitions should be given priority by Police and should not be done selectively. In response to a question from Mr. Meisner, Public Works Maintenance Division Director Bob Hammitt stated that rental of portable sanitation facilities used by the City in industrially zoned areas was a higher cost than that used on the parking lots of religious institutions because they were more frequently serviced. Mr. Farr suggested that enforcing prohibitions against illegal camping in residential areas was more likely because it was permitted in industrial areas. In response to a question from Mr. Meisner, Mr. Weinman said the staff recommendation to extend the ordinance until 1999 was made to allow it to be tested during summer months. He said he believed there would be different dynamics involved in camping on public streets during summer months, but that those employed in minimum wage jobs would not likely leave the area. Ms. Taylor stated that she had received citizen concerns regarding the potential of increased street camping during the summer months. She said she believed that if the ordinance was to be extended, it should be on a trial basis. She asked if there were any efforts to provide housing for homeless persons. She recommended that the Council Committee on Homelessness and Youth should seek to turn the City-owned Sears building into a homeless shelter and encourage shared housing among the homeless. She recommended that research on solutions to homelessness be conducted and that garbage cans be provided in industrial areas used by campers. In response to suggestions of Ms. Taylor, Mr. Weinman described programs seeking to deal with the causes and results of homelessness. Ms. Swanson Gribskov said that she appreciated the report on the Camping Ordinance. She requested that additional information be provided on camping in the parking lots of religious institutions. Mr. Weinman replied that 12 churches were involved, that an average of 70 people were provided a place to sleep each night, that more institutions would likely participate if the need was raised, and that he was not aware of any complaints made to the City about the program. Ms. Swanson Gribskov stated that she hoped representatives from the religious institutions could be invited to an evaluation of the program. Mr. Johnson replied that the City owed involvement in such an evaluation to the religious institutions involved. Mayor Torrey stated that there was a large number of individuals and families who slept in vehicles on Eugene streets and that he believed the ordinance was a better solution to issues related to such persons than the Centennial Car Camp sponsored by the City in years past. He said he was concerned that other governmental jurisdictions in Lane County did not address issues of homelessness in an equal or adequate way. Mr. Lee stated that he believed establishing the Camping Ordinance had been a success. He said he believed unintended consequences such as impacts on wetland areas had been properly MINUTES--Eugene City Council April 29, 1998 Page 6 11:30 a.m. handled. He said he did not believe the policy reflected in the ordinance should be changed to address problems that had arisen. He said there was no simple answer to homelessness. Mr. Meisner stated that he believed Eugene needed partners in dealing with homeless issues, that illegal street camping in residential areas had increased since establishment of the Camping Ordinance, that policy established by the council should be enforced, and that appropriate enforcement tools should be provided to police. Mr. Laue pointed out that Eugene was not the only government concerned with homelessness. He said all area jurisdictions contributed to the Human Service Fund used for many valuable programs. Mr. Fart moved, seconded by Mr. Tollenaar to direct the City Manager to prepare amendments, as directed by the City Council, related to authorizing overnight sleeping in specified areas; and direct the Mayor to schedule a public hearing and action on the ordinance. Ms. Swanson Gribskov said that she would support the motion, but that she believed the ordinance itself needed revision. Ms. Taylor said that she agreed with scheduling a public hearing, but that she did not believe the ordinance should be extended for two years. Mr. Lee said he believed the ordinance created a basis for the community to help homeless persons and a civic infrastructure to deal with its problems. Mayor Torrey stated that Councilor Nathanson was out of town, but that he had heard from her that she had received a complaint about camping in industrially zoned areas and supported holding a public hearing on the ordinance. The motion was adopted unanimously. MINUTES--Eugene City Council April 29, 1998 Page 7 11:30 a.m. II1. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER Mayor Torrey stated that he had learned that if Ballot Measure 53 is not adopted by voters in the May election, a double majority would be required for passage of a Library revenue measure in September and that it would not be possible to reschedule its consideration in the November election. Mr. Tollenaar stated that he appreciated the newly developed City Council Newsletter; that he felt the council should discuss the report of a consultant regarding legal services for the City because of its strong policy implications; that he believed the use of consultants by the City in general should be discussed by the council; that the council should discuss compensation packages of City executive mangers; and that the council should discuss reports on the June 1, 1997, tree cutting incident. Mr. Meisner said that he concurred with Mr. Tollenaar regarding council consideration of the consultant's report about City legal services. Ms. Taylor said that she also agreed with Mr. Tollenaar regarding council consideration of the consultant's report about City legal services. She asked that councilors also be provided information about a similar report said to have been prepared approximately 12 years previously. She said she was concerned about reports of City staff negotiating with veterans groups regarding building of a flag pole on Skinner Butte without council approval. Mr. Swanson Gribskov reported that the Hendricks Park Department Advisory Committee would hold its first meeting on April 29. Mr. Johnson stated that work sessions were already tentatively scheduled on all topics raised by councilors. He said that the council would make any final decision regarding placement of a flag pole on the top of Skinner Butte. Mayor Torrey requested that a report be made to council about adding a grant writer position to City staff in the FY99 budget. He reported that a stakeholder discussion about teenagers would be held on May 19, that it would consider more than issues related to youth curfew, and that all members of the council were invited to attend. The meeting adjourned at 1:30 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tem (Recorded by Dan Lindstrom) R:~1998~Admin Services~CIS~Councillccg$O,/ 29m ]. wp¢l MINUTES--Eugene City Council April 29, 1998 Page 8 11:30 a.m.