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HomeMy WebLinkAboutCC Minutes - 07/27/98 Meeting MINUTES Eugene City Council Council Chamber--City Hall July 27, 1998 7:30 p.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor, Ken Tollenaar. Mayor Jim Torrey called the July 22, 1998, adjourned meeting of the Eugene City Council to order at 7:30 p.m. i. PUBLIC FORUM Mayor Torrey reviewed guidelines for participation in the Public Forum. Nick Antone, Jr., 512 Honeysuckle Lane, stated that he was upset by actions of the City regarding his residence. He explained that he had agreed with neighbors that court action would be undertaken, but that abatement proceedings were scheduled for the following week. He said that condemnation of his property would make him homeless and that he was experiencing a great deal of personal stress over the matter. Misha Seymour, 1313 Lincoln Avenue #306, stated that he was concerned about the future of the City of Eugene. He said he was opposed to the process being followed to choose a new City Manager and with the proposed retention of a contract arrangement for City Attorney services. He sang a song entitled "Trees, Trees." CONSENT CALENDAR A. Approval of Minutes, Findings and Recommendations of Hearings Official and Adoption of a Resolution Forming a Local Improvement District for Concrete Alley Paving and Storm Drainage Between Emerald and Onyx Streets and East 18th and East 19th Avenues. Storm Rehabilitation East 19th Avenue from Emerald Street to 160 Feet East. (Job #3592) Res. No. 4573 A resolution forming a local improvement district for improvements between Emerald and Onyx Streets and East 18th and 19th Avenues. B. Approval of Findings and Recommendations of Hearings Official and Adoption of a Resolution Forming a Local Improvement District for Paving, Curbs, Gutters, Sidewalks, Wastewater and Storm water, Street Lights, and Street Trees on Avalon Street from Terry Street to 2,700 Feet West of Terry Street (Job #3666) MINUTES--Eugene City Council July 27, 1998 Page 1 7:30 p.m. Res. No. 4574 A resolution forming a local improvement district for improvements on Avalon Street from Terry Street to 2,700 feet west of Terry Street C. Approval of City Council Minutes of June 22, 1998, Dinner Work Session. Mr. Fart moved, seconded by Mr. Tollenaar, that the July 27, 1998, Consent Calendar be adopted. Ms. Taylor requested that consideration of items A and C be removed from the Consent Calendar. Mayor Torrey determined there was no objection and announced that the motion had been amended to only include adoption of item B of the Consent Calendar. The motion, as amended, was adopted unanimously, 8:0. Ms. Taylor requested that sentence 4 of paragraph 8 on page 2 of the minutes of the June 22, 1998, Dinner Work Session, be changed, as follows: Ms. Taylor said she ............. ~' .... *" ~' .... *" o*"" developments .... ~- '-o considered the Costco parking lot expansion proposal, which she considered a violation of the council's recently adopted Growth Management Study policies. Mr. Fart moved, seconded by Mr. Tollenaar that the minutes of the June 22, 1998, Dinner Work Session of the City Council be approved, as amended by Ms. Taylor. The motion was adopted unanimously, 8:0. Ms. Taylor suggested that formation of a local improvement district for paving of the alley from th th East 18 Avenue to East 19 Avenue between Emerald and Onyx Street be postponed until property owners objecting to the district agree that they can pay the resulting assessment. Mayor Torrey suggested that staff speak to the request. City Engineer Les Lyle stated that the concern of Ms. Taylor had been addressed in the Agenda Item Summary where it was reported that the property owners in question had been determined eligible for the City's subsidy program, eliminating two-thirds of the assessment by the improvement district. He said the program had been established by the council to deal with situations where payment of assessments created economic hardship. He reported that the assessment on the property in question would be reduced from approximately $7,500 to approximately $2,500. Ms. Nathanson asked if a program permitting deferral of payment of an assessment until the property was sold was available. Mr. Lyle replied that the property owners in question did not qualify for the "age and income" deferral program of the City. Ms. Taylor said she believed the reduced assessment of $2,500 in question could continue to be a burden for the property owner. Mr. Farr stated that he had sympathy with the property owner and asked if payment of the assessment could be made over a period of time. Mr. Lyle replied that payments for all improvement district assessments could be made over a ten-year period of time. MINUTES-Eugene City Council July 27, 1998 Page 2 7:30 p.m. Mr. Farr moved, seconded by Mr. Tollenaar, to approve the Hearings Official's Minutes, Findings and Recommendations of July 20, 1998. Ms. Taylor said that she did not believe it was fair that one of the objecting property owners should be expected to pay improvement district assessments until he was over one hundred years old. She also said she did not believe it was appropriate that out-of-town property owners could force local property owners to make improvements which were not desired. Mr. Lee stated that he had raised concerns about alley conditions proposed for repair through the improvement district under consideration at a previous meeting of the council. He said the conditions were dangerous and that he had been frustrated that University of Oregon student organizations had been previously unwilling to support payment for repairs. Mr. Fart noted that the out-of-town property owners referred to by Ms. Taylor were almost entirely national and regional entities of student fraternities, sororities, and church organizations that provided housing for a large number of Eugene residents. Mr. Meisner stated that he would support formation of the local improvement district with sympathy to the private property owners negatively affected. He said the concerns raised by Ms. Taylor pointed tothe inequity which existed in City assessment policies, an issue he had frequently discussed in council meetings. Ms. Nathanson said that she believed alley repairs provided by the local improvement district could spawn additional property improvements in the area. She asked whether utility lines would be placed underground when the alley in question was replaced. Mr. Lyle replied that he did not believe such work was planned as part of the project. Ms. Nathanson said she believed it would be an ideal time to encourage the utility companies to follow through with the stated goal of placing overhead wires underground. Ms. Swanson Gribskov asked for clarification of the likely assessment to be made by the improvement district on the objecting property owner. Mr. Lyle replied that an early estimate of $11,000 had been reduced to $7,500 when actual contract bids had been submitted. The motion was adopted, 7:1, with Ms. Taylor voting no. Mr. Fart moved, seconded by Mr. Tollenaar, to adopt Council Resolution 4573, forming a local improvement district for concrete alley paving and th storm drainage between Emerald and Onyx Streets and East 18 and East 19th Avenues, and storm rehabilitation on East 19th Avenue from Emerald Street to 160 east. The motion was adopted, 7:1, with Ms. Taylor voting no. PUBLIC HEARING AND ACTION ON AN ORDINANCE CALLING FOR AN ELECTION ON THE SKINNER BUTTE MEMORIAL FLAG; AND DECLARING AN EMERGENCY Mayor Torrey stated that it was unusual to have a public hearing and action by the council on the topic of the hearing at the same meeting, but that it was proposed for the ordinance calling for an MINUTES--Eugene City Council July 27, 1998 Page 3 7:30 p.m. election regarding a memorial flag on Skinner Butte to allow the formation of voter's pamphlet committees, as required by the Eugene Code. City Attorney Glenn Klein reviewed council work sessions, public hearing, and action to refer the memorial flag on Skinner Butte ordinance to voters. He said the proposed ordinance reflected the language of an initiative petition initially circulated by advocates of a charter amendment to require a Skinner Butte memorial flag, as directed by council. He pointed out that the ordinance provided that the proponent's statement and rebuttal to opposition in the voter's pamphlet would be prepared by the "It's a Butte" Committee. In response to a question from Mr. Farr, City Manager Pro Tern Jim Johnson stated that copies of the ordinance had been circulated among the chief petitioners of the initiative petition. Ms. Nathanson asked why references were made to the "American flag" in the proposed ordinance and not the "flag of the United States of America." Mr. Klein replied that the references used the language of the charter amendment initiative petition. He said that the language of the proposed ordinance could be changed by the council before it was adopted. Mr. Meisner asked if deed restrictions established when the Skinner Butte Park had been donated to the City were involved in the proposed ordinance. Mr. Klein replied that the proposed ordinance created no difficulty for any such restrictions. Mayor Torrey opened the public hearing. Misha Seymour, 1313 Lincoln Street #306, stated that he believed placing a flag on Skinner Butte was a bad idea. He said the proposed ordinance held voters "hostage" because it contained only one alternative. He said he believed a "peace park" or giving the funds offered to pay for the flag to homeless persons were viable alternatives. He said that a memorial flag implied that war is good, but that he did not believe patriotism was "where it is at." Jim Hale, 1715 Linnea Avenue, presented a box of documents to the council. He stated that the 1,200 sheets of paper in the box contained the signatures of 8,935 signatures of registered Eugene voters who believed placing a flag on Skinner Butte was a good idea. He said the petitions had been signed to place a charter amendment on the ballot, but that they would not be submitted to not confuse voters by the ordinance to be placed on the ballot by the council. He said he approved the language of the ordinance. He said he had written the original petition as a charter amendment to remove control of it from the current or a future City Council and to eliminate language referring to the Skinner Butte cross. Nick Urhausen, 2858 Warren Street, said that he had served as a signature gatherer for the petitions submitted by Mr. Hale. He said he was concerned about the council making changes to the proposed ordinance because doing so would lessen his trust of councilors. He said he believed that Eugene City government was dysfunctional, and that there would be letters from citizens expressing opposition to a flag on Skinner Butte. Frank Blair, 2850 Mill Street, stated that he represented Chapter 20 of the Disabled American Veterans organization. He said he was pleased the ordinance was being submitted to voters and estimated that it would be supported by 85 percent of those voting on the proposal. MINUTES--Eugene City Council July 27, 1998 Page 4 7:30 p.m. Mayor Torrey announced that there were no other persons who had submitted requests to speak in the public hearing by the time it was begun. Mr. Farr moved, seconded by Mr. Tollenaar, to allow anyone else wishing to present testimony in the public hearing on the Skinner Butte Memorial Flag issue to do so. The motion was adopted unanimously, 8:0. Elizabeth J. Hatfield, 1626 Willamette Street, stated that she was commander of Veterans of Foreign Wars Post 293. She said that she appreciated the decision of the council to place the proposed ordinance on the ballot because it increased the flexibility for displaying the flag. She said she was confident the ordinance would be approved by voters. Jennifer Solomon, 2005 Lemuria Street, described her experience of being involved in collecting signatures on petitions to place a charter amendment initiative the ballot. She said she looked forward to future opportunities to participate in exercises in democracy. Mayor Torrey determined there were no other persons wishing to speak and closed the public hearing. Mr. Farr stated that the vote to be taken by the council was not about the propriety of placing a memorial flag on Skinner Butte, but about whether an ordinance requiring the City to do so be placed before voters. Mr. Johnson announced that the council would consider Council Bill 4660, relating to an ordinance calling for an election on the Skinner Butte Memorial Flag. Mr. Farr moved, seconded by Mr. Tollenaar, that Council Bill 4660, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Ms. Nathanson said she believed the proposed ordinance would be more precise and respectful if language referring to the "American flag" were changed to the "flag of the United States of America." Ms. Nathanson moved, seconded by Mr. Lee, that the motion be amended to add that references to "American flag" in the ordinance and attached election notice be replaced with "flag of the United States of America." Mr. Tollenaar asked why the amendment should not be considered after the first reading of the bill. Mr. Klein replied that amending the ordinance after completing the first reading of the bill would require that a first reading be held again for the amended ordinance. Mr. Tollenaar said that he was confused by the proposed amendment because the motion adopted by the council deciding to place the issue on the ballot had specifically stated that the language of the Charter amendment initiative petition would be used. Ms. Taylor said that she would vote for the amendment, even though she was opposed to the motion. MINUTES--Eugene City Council July 27, 1998 Page 5 7:30 p.m. Ms. Nathanson said that since her motion to amend was creating confusion, she was considering withdrawing it. Mayor Torrey stated that he appreciated the concern for accuracy of Ms. Nathanson and said that he would support the motion, if given the opportunity to vote, but that he believed the intention of the ordinance to refer to the flag of the United States of America could be established by a review of the "legislative intent" involved. Mr. Klein said it was possible for the council to amend the proposed ordinance, despite its decision to incorporate language of the charter amendment initiative petition. Ms. Nathanson requested that her motion to amend be withdrawn. Mayor Torrey determined that there was no objection to Ms. Nathanson withdrawing her motion to amend and declared that it was no longer under consideration. In response to a question from Mr. Fart, Mr. Klein explained that if the motion to read Council Bill 4660 a second time was not adopted by a unanimous vote, the mayor would ask if any councilor wished the bill to be read in full and the second consideration of the bill would be postponed at least until the next meeting of the council. Ms. Taylor said that she did not believe the ordinance should be placed on the ballot, but would vote for the motion to enable the apparent will of the majority of councilors to be accomplished. The motion was adopted unanimously, 8:0. Mr. Johnson announced that the council would consider Council Bill 4660 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4660 be approved and given final passage. Ms. Swanson Gribskov stated that she had been consistent in saying that the process followed in development of the proposed ordinance was not well-conceived. She said she believed deliberations of the council which could have let to agreement on a compromise alternative had been inappropriately "shod-circuited." She said she would vote for the motion because she recognized that six votes were required for its passage. Mr. Fart re-stated that the vote to be taken was on whether voters should be allowed to decide about erecting a flagpole on Skinner Butte, not whether it was appropriate to do so. Mr. Meisner stated that he would not vote to place the proposed ordinance on the ballot. He said he believed the issue was an ideal issue for which to use "preferential voting" to determine voter preferences among a variety of choices. He also said he believed that many who signed petitions about a flag on Skinner Butte were unaware that it made a flagpole of at least 90 feet mandatory, that the memorial would create divisiveness in the community, that he opposed the practice of having the council refer issues to voters on the basis of an initiative petition, and that referring the issue to voters invalidated representational government. MINUTES--Eugene City Council July 27, 1998 Page 6 7:30 p.m. Ms. Nathanson asked the City Attorney to explain why the council could not submit "multiple choice" questions to voters. Mr. Klein that Roberts v City of Eugene had determined that local governments could not overrule State law to accomplish its goals. He said State election regulations prohibited consideration of multiple outcomes in an ballot measure and that "multiple choice" questions could be placed before voters only in an election held independently from those operated by the State. In response to a question from Mr. Farr, Mr. Klein explained that if the motion was adopted with less than a two-thirds majority, the emergency clause of the ordinance would not be adopted and the ordinance would go into effect in thirty days. He said that the issue would continue to be on the November 1998 ballot, but that the process for creating material for the voter's pamphlet would not be able to be completed. Ms. Taylor stated that she would not vote for the motion because she believed the issue of a flag on Skinner Bute would become divisive in the community and affect the ability of the City to deal with other concerns. She said the council should not have been faced with the issue. The motion was adopted, 6:2, with Mr. Meisner and Ms. Taylor voting no, and became Ordinance 20128. IV. PUBLIC HEARING: ORDINANCE: LIBRARY LOCAL OPTION LEVY Financial Management Services Financial Analyst Sue Cutsogeorge stated that the council would hold a public hearing on a proposed ordinance which referred a local option levy for library services to the voters in the November 1998 election. She reviewed the work and recommendations of the Mayor's Library Improvement Committee which had led to the proposed ordinance. She stated that the proposed levy was $9.24 million over four years and that the typical Eugene tax payer would pay an average of $39.50 per year. She said the council was scheduled to vote on placing the measure on the ballot at its July 29 meeting. Mr. Tollenaar stated that he would be asking whether funds to add Sunday hours at the library and to support a volunteer coordinator staff position should be included in the budget during the council's discussion of the ordinance. Ms. Swanson Gribskov stated that, during the council's discussion of the ordinance, she would be asking whether an Unappropriated Ending Fund Balance (UEFB) should be included as a component of the proposed local option levy to support library operations. Mr. Cutsogeorge explained that the UEFB was included to account for the necessity of providing revenue between the July start of the fiscal year and November receipt of property tax payments. Mayor Torrey opened the public hearing. Tom Gilbert, 1451 Waite Street, stated that he believed it was important to include free on-site parking for the new library to be constructed in the downtown area. He said that he supported the recommendation of the Mayor's Library Improvement Committee to reinstate the Library Board and described the benefits that had resulted from his service during its previous existence. He expressed appreciation for the work of the committee. MINUTES--Eugene City Council July 27, 1998 Page 7 7:30 p.m. Sally Hahn, 2944 Tomahawk Court, stated that she was excited about the proposal to add branches to the Eugene library system. She described the way such a resource would prove valuable. Kappy Eaton, 1631 East 24th Avenue, stated that she represented the League of Women Voters of Lane County. She reviewed the work of her organization in evaluating the Eugene Library in 1956, 1987, and 1996. She said her organization enthusiastically endorsed the proposed local option levy and listed reasons for the support. Cindy Heidemann, 4437 Fox Hollow Road #1, described her experiences in using the Eugene Library. She said the City was ready to approve new and expanded library services. Eleanor Mulder, 2775 Emerald Street, stated that she was a member of the Mayor's Library Improvement Committee and she urged, on their behalf, that the proposed ordinance be placed before voters on the November ballot. She read a list of the members of the committee, said that most were present, and that all supported the proposed ordinance. Alice Parman, 2876 Kincaid Street, expressed appreciation for the support for a new library given by the City Council. She described her experience on the opening of a new children's room at the Denver Library. She said she supported a new library for Eugene because it was a place where everyone had the right to explore their own ideas. Merle Bottge, 1777 West 24th Avenue, stated that she represented the Foundation of the Eugene Public Library. She said that her organization was excited by the proposal under consideration and would support its passage. She said her organization would provide $50,000 as a supplement to the local option levy to support construction of the new library. Molly Stafford, 437 East 11th Avenue, stated that she was co-chair of Library Now!, a political action committee ready to promote voter support for the local option levy for library operations. She said she believed it was time to improve library services in Eugene and urged the council to place the proposed ordinance on the ballot. Karen Seidel, 1946 Villard Street, stated that she represented the Eugene Fortnightly Club, which had been instrumental in founding of the first circulating library and first public library in Eugene. She said her organization would support the proposed local option levy. Cynthia van Zelm, 2495 Washington Street, expressed appreciation to the Mayor's Library Improvement Committee for its work. She said improving and expanding library services in Eugene would be an investment in children, community, and the future. Misha Seymour, 1313 Lincoln Street #306, stated that he believed the Eugene Library should remain in its current building and that the facility be improved. He said he also believed that efforts should be concentrated on having branch libraries and on increasing the number of hours the library is open. He also said that electronic machines should not be used for checking out books from the library, that more than one toilet was needed in the library Men's Room, and that it was inappropriate to remodel a library meeting room into a room for access of the Internet. MINUTES--Eugene City Council July 27, 1998 Page 8 7:30 p.m. Charlie Henry, 1705 Fairmount Boulevard, stated that he believed the Mayor's Library Improvement Committee had done a good job and that he hoped the council would submit the local option levy to voters as it was proposed. He said that it was a mistake to ignore branch libraries 20 years ago and that he believed it was time to rectify the mistake. Mayor Torrey closed the public hearing. Mayor Torrey adjourned the City Council meeting and convened a meeting of the Urban Renewal Agency. V. PUBLIC HEARING AND ACTION: RESOLUTION CONCERNING URBAN RENEWAL AGENCY SUPPLEMENTAL BUDGET #1 Administrative Services Director Warren Wong stated that items to be considered by the agency were related to requirements of Ballot Measure 50 and the Renewal Agency's Board decision to use tax increment proceeds for a downtown library facility. He explained that the supplemental budget resolution provided for changes in the adopted budget based on decisions made by the council to collect property taxes according to Grandfathered Option #1 and limit new projects to support for a downtown library. He also explained that the resolution authorizing the issuance of bonds to facilitate the tracking of maximum indebtedness was required by Measure 50 legislation. Mr. Johnson announced that the agency would hold a public hearing on Urban Renewal Agency Resolution Number 995, adopting a supplemental budget and making appropriations for the agency for the fiscal year beginning July 1, 1998. Mayor Torrey opened the public hearing. Mayor Torrey determined there was no one present wishing to testify and closed the public hearing. Mr. Farr moved, seconded by Mr. Tollenaar, to adopt Urban Renewal Agency Resolution Number 995, a resolution adopting a Supplemental Budget; making appropriations for the Urban Renewal Agency of the City of Eugene for the Fiscal Year beginning July 1, 1998, and ending June 30, 1999. The motion was adopted unanimously, 7:0, Mr. Meisner having left the meeting. VI. ACTION: A RESOLUTION AUTHORIZING THE ISSUANCE OF SHORT TERM BONDS Mr. Johnson announced that the agency would consider Urban Renewal Agency Resolution Number 996, authorizing the issuance of Short Term Subordinate Central Eugene Project Area Urban Renewal Bonds. Mr. Farr moved, seconded by Mr. Tollenaar, to adopt urban Renewal Agency Resolution Number 996, a resolution authorizing the issuance of Short Term MINUTES--Eugene City Council July 27, 1998 Page 9 7:30 p.m. Subordinate Central Eugene Project Area Urban Renewal Bonds. The motion was adopted unanimously, 7:0, Mr. Meisner having left the meeting. Mayor Torrey adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the City Council. VII. PUBLIC HEARING AND ACTION: RESOLUTION CONCERNING CITY OF EUGENE SUPPLEMENTAL BUDGET #1 Mr. Wong explained that the proposed Supplemental Budget would transfer funds from the General and Road Capital Projects Fund Balance Available to the main library construction capital project to allow work to begin on the library project before library bonds were sold. Mayor Torrey opened the public hearing. Mayor Torrey determined there was no one present wishing to testify and closed the public hearing. Mr. Fart moved, seconded by Mr. Tollenaar, to adopt Council Resolution Number 4569A, a resolution adopting a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 1998, and ending June 30, 1999. The motion was adopted unanimously, 7:0, Mr. Meisner having left the meeting. VIII. ACTION: RESOLUTION AUTHORIZING REIMBURSEMENT OF CERTAIN LIBRARY EXPENDITURES PRIOR TO THE ISSUANCE OF BONDS Mr. Wong explained that the resolution stated the intention of the council to reimburse the General and Road Capital Project fund for funds expended on the main library construction capital project once library bonds are sold. Mr. Fart moved, seconded by Mr. Tollenaar, to adopt Council Resolution Number 4570, a resolution of the City of Eugene, Lane County, Oregon, declaring official intent to reimburse expenditures for a new library. The motion was adopted unanimously, 7:0, Mr. Meisner having left the meeting. The meeting was adjourned to July 29, 1998, at 9:05 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tern (Recorded by Dan Lindstrom) MINUTES--Eugene City Council July 27, 1998 Page 10 7:30 p.m.