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HomeMy WebLinkAboutCC Minutes - 05/06/98 Work Session MINUTES Eugene City Council McNutt Room--City Hall May 6, 1998 11:30 a.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Scott Meisner, Laurie Swanson Gribskov, Betty Taylor Betty Taylor, Ken Tollenaar. COUNCILORS ABSENT: Bobby Lee, Nancy Nathanson. I. CALL TO ORDER The May 6, 1998, Eugene City Council meeting was called to order at 11:30 a.m.; His Honor Mayor James D. Torrey presiding. II. ACTION ITEMS A. Approval of City Council Minutes Mr. Farr moved, seconded by Mr. Tollenaar, to approve the minutes of March 18, 1998, Lunch Work Session; April 6, 1998, Meeting; and April 14, 1998, Budget Committee Interviews. Roll call vote. Ms. Taylor asked to pull the March 18, 1998, minutes for further discussion. Mayor Torrey asked Ms. Taylor to meet with staff to address her concerns. Mr. Meisner asked that the last phrase in paragraph 6 on page 7 of the April 6, 1998, minutes be corrected to read: "... and that the appraisals on which assessment recommendations were based did not represent a fair market value because there were no possible buyers at these appraisals." The motion to approve the minutes of April 6, 1998, as corrected and those of April 14, 1998, as submitted, passed unanimously, 6:0. III. NON-ACTION ITEMS A. Work Session: Municipal Court Judicial Evaluation Court Administrator Marilyn Nelson introduced the topic and described the process for evaluating the performance of Municipal Court Judge Wayne Allen as follows: 1) Ad Hoc Evaluation Committee report to the council (today's session); 2) a May 11 public hearing; and 3) May 13 council discussion with Judge Allen and on public testimony. She noted that the report excluded the evaluation of Associate Presiding Judge Maryann Bearden, who recently left City service. Ms. Nelson said the council's discussion on Judge Allen's reappointment was scheduled for June MINUTES--Eugene City Council May 6, 1998 Page 1 11:30 a.m. 3. She acknowledged the presence of committee members Martha Fish, Kathy Cunningham, Richard Fredericks, and Marc Spence, and recognized Marge Beck, Project Manager. Mr. Spence presented the report, thanking the council for the opportunity to serve and the staff for their support. He described the committee's charge as follows: 1) adopt criteria for the evaluation of judicial performance; 2) obtain peer and public input on Judge Allen's performance; 3) meet and discuss the findings and comments with Judge Allen; and 4) prepare an evaluation report for the council. He noted that the committee developed criteria with the goal of participating in a process that could be replicated in the future for consistency in these evaluations. Mr. Spence reviewed changes and significant issues affecting the Court, the survey process used to gather input and its results, and the committee's findings and recommendations. Ms. Taylor ascertained that there were no defendants involved in the survey and wondered why. Mr. Spence said he believed that the criminal defense perspective on the committee represented their clients. Ms. Taylor noted that some defendants represent themselves. Addressing a follow- up question about pressures on the municipal court system, Ms. Nelson said issues raised by Ms. Taylor will be addressed by the Council Committee on Public Safety on May 20. Mr. Meisner asked to what degree can the council mandate that the State reassume prosecution of misdemeanors. Mr. Spence said that raised the fundamental issue of insufficient jail space-- something the council has to deal with. In response to a follow-up question from Mr. Meisner, Mr. Spence said the shift in cases has been from traffic-oriented cases to those as well as assaults, thefts and other crimes. Mr. Tollenaar said he would not be present for the other two phases of the evaluation process and used this opportunity to express appreciation for the committee's work. He expressed concern with the Iow rate of return for the surveys. Mr. Tollenaar said he believed it was appropriate for the City to be "stepping up to the plate" and accepting responsibility for street crimes given the constraints the County is experiencing. Ms. Beck addressed the issue about the survey return rate, noting that the 23 percent rate was sufficient to get a clear picture of the constituencies solicited, adding that staff chose not to employ a follow-up process (which would have boosted the rate) due to time constraints. Ms. Swanson Gribskov commended the committee's work, suggesting that a survey follow-up call be built into the process and a customer satisfaction feedback form be developed. Mr. Laue asked Mr. Spence to add to his comment about the revenue neutral aspect of the Court. Mr. Spence explained that a Court trying to maintain the perception of judicial independence was not going to hold itself out to be a revenue source. He added that the types of defendants referred to the court, particularly with the added charges, were not ones likely to pay fines so revenue neutral was not realistic. Mayor Torrey wondered if complaints received by the Court had been made available to the committee. Ms. Nelson said they were not because they related to how a case was handled and not directly related to judicial performance. Mr. Fart moved, seconded by Mr. Tollenaar, to accept the report of the Ad Hoc Advisory Committee for formal evaluation of the presiding municipal court judge. The motion passed unanimously, 6:0. MINUTES--Eugene City Council May 6, 1998 Page 2 11:30 a.m. B. Work Session: Flag on Skinner Butte War Memorial John Etter, Public Works Maintenance, provided background information and circulated computer-generated images of how a flag memorial might appear atop Skinner Butte. Mr. Fart said there were two issues to address: Do we want a flag on the butte?; and, If so, what process should we use? He said "we rarely get an opportunity to thank the people who have sacrificed portions of their life for us." Mr. Fart acknowledged, praised, and thanked the veterans in the audience. Ms. Taylor expressed her opposition to placing a flag on the butte, saying it would start another 30-year controversy. She said if the concept moves forward, there should be a public hearing and it should be referred to voters. Ms. Taylor said displays of the flag were more appropriate for government and public buildings. She shared input she has received that "it would make the butte look like a military outpost" and cause "visual and light pollution." Mr. Meisner agreed that a public hearing was in order and, whether it was approved or not, it would be a matter of controversy, adding he was not sure he was ready to undertake the expenditure of City resources to accommodate that. He noted that there existed two war memorials: the Vietnam War Memorial replica and a memorial with the names of those who died from this area. Mr. Meisner said he shared the concern about light pollution if the 20-foot by 30- foot flag on a 100-foot pole were approved. Addressing a question from Mr. Tollenaar, City Attorney Glenn Klein read Subsection 2 of Section 42 of the charter: "The property commonly known as butte property, with boundaries as described in the charter.., is hereby dedicated to the public forever as a public park. The concrete cross on the south slope of the butte shall remain at the location and in that form is property of the City and is hereby dedicated as a memorial to the veterans of all wars in which the United States has participated." Mr. Tollenaar noted that it was the cross specifically that was dedicated as a war memorial--not the ground upon which it stood. Mr. Klein replied that a 1934 resolution dedicated the park itself as a memorial. Mr. Tollenaar said he did not believe the controversy would be that great and he was not opposed to raising a flag on the butte as it symbolized the United States Constitution. His only concern was the proportions, saying he favored something smaller. Ms. Swanson Gribskov said she was not opposed to a flag on the butte and would not be interested in referring it for a vote. She also believed a public hearing should be held and added she also was concerned about the illumination. Ms. Swanson Gribskov asked for information on flag protocol. City Manager Pro Tem Jim Johnson said that if a flag remained up after dark, it needed to be lit, either from above or below. He added that it would be impractical to have City staff raise/lower the flag daily and difficult to find volunteers to perform those duties. Retractable poles, he noted, are available for small flags but not the size being suggested. Mr. Laue said he would consider installing a small flag as a war memorial on the hill, adding his support for a public hearing. MINUTES--Eugene City Council May 6, 1998 Page 3 11:30 a.m. Mayor Torrey agreed that a flag would not be as controversial as the cross and said he was not opposed to a flag on the butte. Mr. Meisner reiterated his concern about the lighting issue and asked staff to provide more detailed information for the public hearing. Ms. Swanson Gribskov asked that staff provide pictures of lit flags in similar settings. Mr. Farr took exception to Ms. Taylor's remarks, calling them "repugnant." In response to a question from Mr. Farr, Mr. Johnson said the likely target for completion, should the project move forward, was Veteran's Day. Mr. Farr shared that he was a naturalized citizen and the American flag for him and many around the world is a great symbol. Mr. Farr moved, seconded by Mr. Tollenaar, to direct the City Manager to schedule a public hearing and public input process to be followed by council action and the design process to allow for a Veteran's Day installation of the US flag on Skinner Butte. The motion passed unanimously, 6:0. IV. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER A. Hendricks Park Ms. Swanson Gribskov reported on the first meeting of the Hendricks Park Committee, saying all was going well. B. Morse Ranch Master Plan Mr. Laue asked staff to provide him with a copy of the Wayne Morse Ranch Master Plan. C. Willamette and Shasta Jazz Bands Mr. Farr reported that the Willamette High School and Shasta Middle School jazz bands participated in the Mount Hood Jazz Band Festival and Willamette took first place and Shasta took third in their divisions. MINUTES--Eugene City Council May 6, 1998 Page 4 11:30 a.m. D. Bellevue Jazz Festival Mr. Farr announced the Bellevue Jazz Festival this coming weekend. E. Highway 99 Corridor District Mr. Farr alerted the council to discussion by Highway 99 merchants about creating a business district along that strip. F. NEDCO Donation Mr. Farr announced that NEDCO has donated the use of a building on Highway 99 for use as a public safety station in what is perceived as "the heart of the transient problem." He will keep the council apprized of those plans. G. Coburg Road Fire Station Mayor Torrey said he has received requests from the public for an opportunity to be involved in the decision of how to use the building. H. Summer Youth Recreation Program Mayor Torrey emphasized that the summer youth recreation program approved by the council recently was open to all youth in the city. I. Lane Transit District (LTD) Station Mayor Torrey asked staff to acknowledge LTD for the efficiency with which the new downtown transit station operates. J. Most Beautiful Legs Contest Mayor Torrey said that staff at Sheldon Community Pool has asked the council to participate in a "Most Beautiful Legs" contest. K. Willamette Valley Livability Forum Mr. Tollenaar reported on the last meeting Willamette Valley Livability Forum, saying the group has drafted a vision statement and the next step will be to come out with a "state of the valley" report, drawing on the work of the Willamette River Basin Task Force and the Governor's Transportation Initiative. He said the forum has completed a resource inventory of previous reports and documents related to Willamette Valley and hoped to conduct an opinion survey on growth issues. MINUTES--Eugene City Council May 6, 1998 Page 5 11:30 a.m. M. Fiesta Latina Mr. Meisner announced the Fiesta Latina event under the Washington/Jefferson Bridge on May 15 and 16. N. Recycling Plastic Silverware Mr. Meisner asked the council to save its used plastic silverware for reuse by the Eugene Service Station on Highway 99. O. Tree Ordinance Ms. Taylor said she has asked for a work session on the tree ordinance and it was not reflected on any of the council's future agendas. Mr. Laue asked to have the Planning Commission included in the discussion. P. Speeding Motorists Ms. Taylor said she was getting many calls suggesting speed humps to slow speeding motorists. She said nothing slowed down traffic more than the sight of a police officer and suggested random police speed checks. Q. Riverfront Research Park Ms. Taylor said she hoped the council will reconsider its position on the Riverfront Research Park given the amount of public input it has received since making its decision. R. Citywide Newsletter Ms. Taylor said she previously suggested creating a citywide newsletter to distribute to neighborhood associations and asked the council to consider it. Mr. Farr suggested selling advertising space to cover the costs of producing the newsletter. Mr. Meisner said selling the space is labor intensive so some neighborhood have organized themselves as nonprofits to diffuse costs. Mr. Johnson said he sensed sufficient interest to have staff develop options as part of the budget process. Mr. Meisner asked for information on funding distributions to the neighborhood associations. S. Urban Transition Plan Mr. Tollenaar asked to review the Urban Transition Plan, a complex set of intergovernmental agreements entered into in the 1980s. He expressed concern that memories have faded and the context has changed, and suggested recommitting to or changing the plan. Mayor Torrey asked Mr. Tollenaar to work with staff to prepare the item for a council work session. Ms. Swanson Gribskov said the council may want to time the item to include councilors-elect. MINUTES--Eugene City Council May 6, 1998 Page 6 11:30 a.m. Mr. Meisner questioned holding the work session if there is no interest in the review from the other jurisdictions. Mayor Torrey suggested forwarding the material prepared for the council's discussion to the other jurisdictions. V. ADJOURN The meeting adjourned at 1:05 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tem (Recorded by Yolanda Paule) R:~1998~Admin Services~CIS ~Council~cc980506. wpd MINUTES--Eugene City Council May 6, 1998 Page 7 11:30 a.m.