HomeMy WebLinkAboutCCMinutes - 07/21/04 WS MINUTES
Eugene City Council
Work Session
McNutt Room--City Hall
July 21, 2004
12 p.m.
COUNCILORS PRESENT: Bonny Bettman, George Poling, Nancy Nathanson, Scott
Meisner, David Kelly, Gary Papd, Betty Taylor, Jennifer
Solomon.
His Mayor James D. Torrey called the meeting of the Eugene City Council to order.
A. WORK SESSION:
November 2004 Bond Issue Options
City Manager Dennis Taylor said the item was a continuation of the council's discussion at its
July 14, 2004, meeting regarding the proposed Civic Center, City Hall, and Community Safety
facilities. He said that staff had developed responses to a number of issues that were raised at that
meeting, as well as addressed a new option. He asked Assistant City Manager Jim Carlson to
summarize the information in the packet.
Mr. Carlson thanked City staff members Sue Cutsogeorge, Glen Svendsen, and Mike Penwell for
the comprehensive work they had done in developing the information for the agenda packet
within a short timeframe. He expressed appreciation for the council's previous direction on civic
vision policy principles and on siting of the Civic Center facilities on City-owned land along 8th
Avenue. He asked the council to provide direction on the next step for the Civic Center vision,
particularly for the Community Safety Building and City Hall.
Mr. Carlson briefly reviewed the options and noted that Option A would allow the City to build a
new Community Safety Building that would meet current needs with internal financial resources.
He noted that there was some risk associated with some of the resources and referred to details in
the Agenda Item Summary. He said the new Option A+ was developed following comments by a
number of councilors about the high cost of redeveloping the Lane County %utterfly" lot. He
said the assumption was that Option A would be built and then the voters would be asked for a
$6.79 million General Obligation (GO) bond measure to add space for growth, additional space
for victims' services agencies, improvements to the Park Blocks and Civic Street improvements.
Mr. Carlson said the primary difference between options A+ and B was the elimination of the
purchase, demolition, and replacement of parking at the Lane County butterfly lot. He said that
Option A+ did include improvements on the existing Farmers Market site on the northwest comer
of 8th Avenue and Oak Street. He said that preliminary discussions with the county administrator
had indicated that was acceptable to the County.
Mr. Carlson said that Option B would add more elements from the Civic Facilities Visioning
Committee, particularly the butterfly lot. He said it would completely restore the northwest
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comer of 8th Avenue and Oak Street as one of the Park Blocks. He indicated that the option
would require asking voters for a $12.6 million bond measure.
Mr. Carlson explained that Option C was included to show what a 20-year Community Safety
facility, including Civic Center amenities and consolidation of all functions, would cost. Two
financial strategies for Option C were provided; one strategy had a high level of internal funding
and the other had minimal internal funding.
Mr. Carlson concluded his review with Option D, which showed the cost of replacing all the
functions in the existing City Hall and consolidation of other downtown City office uses,
including two new buildings on current City-owned land. He said some additional internal
funding was possible in that option based on future facility reserve contributions; however, the
option would still result in a $70 million bond measure.
Mr. Carlson said that all five options fit within the debt policy limits established by the Budget
Committee, but Option D would leave the City with little debt capacity for several years. He said
that staff recommended Option A+ and action had been tentatively scheduled for July 26, 2004,
on a civic facility revenue measure should the council provide direction to proceed.
Responding to issues that were raised since the July 14, 2004, meeting, Mr. Carlson said there
were no designs for either the Community Safety Building or City Hall, but staff intent was to
design the facilities with horizontal expansion capacity. Regarding the current City Hall building,
he remarked that remodeling the fire station space for office use was not feasible due to the cost
and the fact that it did not meet current seismic standards, although the Fire Marshal's space was
usable. He said the existing police space could be remodeled for offices, particularly if use was
intended for five years or less. He said that City Hall accounted for 52 percent of deficiencies in
the last facilities report, while accounting for only 12 percent of space.
Mr. Carlson commented that availability of the current Federal Building had been discussed with
the General Services Administration (GSA) and GSA maintained the position that all space in the
building was still needed for federal functions. The City remained interested in courtroom space
at the Federal Building for the Municipal Court once the new Federal Courthouse was completed.
The Federal Building did not meet current seismic standards, could not be used for police
functions without substantial rehabilitation, and provided no secure parking currently on the site.
Mr. Carlson reiterated that staff recommended the suggested motion be changed to reflect Option
A+ instead of Option B and requested direction to prepare the appropriate resolution for the July
26, 2004, meeting.
Mr. Poling observed that, ideally, Option D was the appropriate direction to plan for the future,
but the cost was prohibitive and unlikely to be supported by taxpayers. He believed the City
needed to move forward with a new Community Safety Building and supported Option A+ as the
most realistic approach to achieving that goal.
Ms. Solomon asked how much of Option A+ would be internally funded. Mr. Carlson replied
that $29 million of a $36 million project would be internally funded.
Ms. Solomon said the project would have considerable credibility if the City could contribute that
amount. She said she had reflected on a number of reasons why Option D was desirable, but
thought it was unlikely that most voters would support a new City Hall. She expressed strong
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support for a new police facility, particularly combining support services through social services
agencies with law enforcement functions. She said she was inclined to support Option A+.
Mr. Meisner remarked that Option D was what the City needed, but he agreed that it was not
feasible at the present time for the November ballot. He supported Option A+ and expressed
hope that the education process for the public regarding the City's long-term facility requirements
and the need for Option D would be undertaken promptly, regardless of what was placed on the
November ballot. He noted that most people were familiar with the concept of spending more
than a structure was worth for maintenance and City Hall was approaching that point. He agreed
that the butterfly lot project could be done with other revenue sources such as urban renewal
district or parking funds.
Mr. Pap6 concurred with Mr. Meisner's comments. He said that past councils had recognized the
limited lifespan of the current City Hall and worked with staff to develop long-range plans to
meet facility needs and identify financing strategies. He congratulated the council and staff for
moving in the right direction and said he could support options A+ through D and while Option D
was the best choice to address long-term needs, the timing was poor and he would consider
options A+ and B.
Ms. Nathanson commented that she would like to implement the Civic Facilities Visioning
Committee's recommendation, but recognized that it was not possible to accomplish it all at once
or in one project. She felt that Option A+ would begin the process of continuing improvements
to downtown and City facilities in a sensible way that conserved money and moved the City
forward toward its vision. She stated her support for options A+, B, or others, but Option D was
too ambitious. She expressed concern about the description of Option A+ and whether it would
limit options for space occupied by other entities in the facility.
Mr. Kelly commented that there was no question that City Hall needed to be replaced and all of
the arguments for replacing police facilities also applied to replacement of City Hall general
facilities. He said he could not support Option A+ because of concerns that future expansion
might never occur and the building as planned only provided for space needs to 2018. He said he
was apprehensive about the chance for any measure to win on the November ballot. He stated
that if any measure was placed on the November ballot, it ought to be Option D.
Ms. Taylor stated that she did not think any option should be placed on the ballot until 2006. She
said she preferred Option B of those presented. She said that the public should be allowed to vote
on the use of any internal funds for such projects. She encouraged the council to consider placing
Option B on the ballot in 2006, with a different location instead of directly across 8th Avenue.
Ms. Bettman declared she was pleased to see support for Option D as any other option was short-
sighted because of the potential to prejudice future ballot measures and the fact that the City's
need for expanded capacity would not be fully met. She urged the council to demonstrate
leadership by educating the public about the need for new City Hall and police facilities. She said
she did not feel there was support in the community for either Option A+ or B.
Mayor Torrey said he would support Option D if a majority of the council supported it, but asked
where the funding for a campaign for the ballot measure would be obtained. He said that no one
in the community had come forward in support of a large bond measure. He commented that as a
practical matter, a new police facility would need to be built so that police functions could be
moved out of City Hall and into a secure facility that met the seismic code, and he therefore saw
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the value of Option A+ as a first step if Option D did not pass, as it would allow the City to
maintain all of the rest of the options. He said the public support about the use of internal funds
to build a new police facility was clear as public safety was essential.
Ms. Taylor remarked that the need for a new City Hall was not a unanimous opinion and she was
not convinced that the current building could not be retrofitted. She asked for an external,
independent, expert opinion on whether the building could be retrofitted. She said it was as
important to protect the people in City Hall from an earthquake as it was to protect police
personnel. She reiterated her position that citizens should be able to vote on the use of internal
funds.
Mr. Pap6 stated, in response to Ms. Taylor's comments, that the issue of retrofitting City Hall had
been investigated in 1999 and the estimated cost at that time was approximately $8 million for
seismic retrofitting that did not include additional space. With respect to a vote on the use of
internal funds, he said that councilors were elected to represent citizens and at some point needed
to show leadership, as they did with the public library bond measure. Referring to Option B and
providing space for agency partners in a public service building, Mr. Pap6 asked why those
partners would not be charged rent or a rent equivalent. Mr. Carlson said the City's policy was to
charge itself rent and the intent was the charge partners a rental rate that would cover the cost of
facility operations and maintenance.
Mr. Kelly asked if lease-to-own calculations had been conducted for any of the options. Mr.
Carlson said that staff had examined lease-to-own issues extensively. He said his recollection
was that between $3 million and $4 millions dollars per year from general funds would be
required to make lease-to-own payments on a police facility.
Mr. Kelly asked for a more extensive analysis of the issue. He acknowledged the validity of
Mayor Torrey's comments regarding funding for a campaign, but said there was some value to a
campaign for complete replacement of City Hall. He said that such a campaign would be a
different discussion with voters from those held previously about police buildings. He shared Ms.
Taylor's concerns about the negative perception of another measure for a police building and said
that a broader conversation about the need to replace an inadequate facility could be helpful. He
did not feel that Option A+ would pass because of current perceptions in the community about
the Police Department.
Mr. Carlson responded in support of Mayor Torrey's comments regarding reasons for
constructing the police facility first. He said the Police Department was the largest user of space
in City Hall and required a specialized facility that met enhanced seismic code standards. He said
the other functions in City Hall were Municipal Court, the City Manager's Office, and Human
Resource and Risk Services (HRRS). He said that all except Municipal Court could locate in
generic office space. He said that Option A+ was a logical next step in the progression toward
replacement of City Hall.
Mr. Taylor commended the council and staff for their work since 2001 to begin the process with
achievable goals, engaging the voters, identifying internal funding strategies, moving the Fire
Station and some police functions, all while keeping the longer term goal of replacing City Hall
as the vision. He hoped that the next logical step to bring City functions together and replace
antiquated facilities could be taken.
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Mr. Meisner said that if the motion to place Option D on the ballot was before the council he
would vote for it, but not for the November 2004 ballot. He indicated that if the council wanted
to present a consolidated package to the public it needed to start that process now and build
support over the next two years. He commented that Option A+ made sense and required a
minimum amount of support from the public, but he had mixed feelings because of the need to
return in the future with another funding request. He urged the media to accurately represent the
impact of Option A+ on the typical homeowner over the life of the bond measure.
Ms. Bettman observed that it was obvious why the City preferred the incremental approach
represented by Option A+, but it was %ut of sync" with the community. She said she would not
support any option except a modified version of Option D for a conjoined facility on the City Hall
site that would combine all functions, current services, and victims' services and preserve the site
across the street for a parking garage. She hoped that if the council was not prepared to support
rebuilding City Hall in 2004, no action would be taken in order to conserve internal funds for two
more years while working to bring the community up to the necessary level of understanding
about the need to rebuild City Hall. She said that the entire package, with more internal funding,
could then be placed on the November 2006 ballot.
Ms. Nathanson asked for elaboration on the issue of parking and whether a parking structure
could be located on the site across the street along with the police facility. She also asked
whether building to capacity needs in 2018 would generate community opposition because of the
short span of time before capacity needed to be expanded. Responding to Ms. Nathanson's
question regarding parking, Mr. Carlson said that all options included the assumption that there
would be a full layer of parking beneath each building. He said the police building would have
secure parking beneath it and the area adjacent could be used for surface parking. Police Chief
Bob Lehner said that Option A+ actually provided more options for the future than did Option D
with respect to the Police Department aspect of building to meet 2018 needs. He said that as
technology and the way police services were delivered changed, space needs could change. He
illustrated his point with the precinct model of policing, which was not currently used by the City.
He said that if a precinct model was used, space allocation as anticipated in Option A+ was sized
well into the future beyond 2018 and a patrol capacity would be designed to be delivered
somewhere other than that facility. He said that Option A+ could accommodate patrol needs
through 2018, in addition to administration, investigation, and other support functions that would
remain in that facility for the foreseeable long-term future.
Mayor Torrey stated he could not support Ms. Bettman's proposal as housing police functions in
a secure facility that met enhanced seismic standards was both a State and federal requirement
and the City currently had no such facility available. He said that biggest cost overrun factor on
large projects was inflation and the longer the City waited to construct a facility the more
expensive it would become.
Referring to Ms. Taylor's hope that the current City Hall could be remodeled, Mayor Torrey said
that Option A+ provided that option, although he did not support remodeling because the cost
was typically far greater than anticipated. He said that the City would have to deal with
repercussions from the misconduct of two police officers regardless of whether a bond measure
for a police facility was on the ballot and he had confidence that the City Manager, Police Chief,
Police Commission, and City Council would address that separate issue in a straight forward
manner and not use it as a reason not to proceed with a new facility.
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Mr. Kelly agreed with Chief Lehner that substations could be an attractive way to deliver services
in the future, but commented that the City had struggled in past years to keep %torefront" satellite
police facilities open. He did not feel that Option D eliminated the option of substations. He
agreed with Mayor Torrey's remarks that the incidents of police officer misconduct was a
separate matter, but was concerned that it was not separate in the voters' minds. He agreed with
earlier comments regarding the difficulty of putting a City Hall replacement measure on the ballot
in November 2004 and the suggestion that it be postponed until 2006. He asked whether police
personnel could be temporarily located in a facility that did not meet seismic code requirements
while a new facility was being built. Mike Penwell with Facilities Management replied that
under Oregon law that was not possible.
Mr. Taylor drew the council's attention to other finance measures scheduled for the ballot in
2006, specifically the possibility of a parks and open space bond issue and the library levy, and a
tentatively scheduled discussion in 2008 about replacement of City Hall. He suggested that there
was time to fully investigate the question of whether to renovate the current facility or move
forward with a new facility and to have that conversation with the community well in advance of
placing the issue on the ballot.
Ms. Bettman moved, seconded by Mr. Poling, to direct staff to
develop a bond measure for the November ballot based on the
Civic Center Option A+, as described in new Attachment A.
Ms. Bettman stated that she could not support the motion and was in favor of a modified Option
D. She said that even if Option D failed in 2004, rebuilding City Hall was a new issue for the
voters and the option could be returned to the ballot in 2006. She said that replacement of City
Hall was the top capital project for the City and moving forward with Option A+ jeopardized the
ability to rebuild City Hall in the future because internal funds would be exhausted. She said she
preferred to have nothing on the ballot in 2004 in order to increase internal funds. She said she
did not believe that $100,000 was necessary to campaign for Option D as there was not likely to
be an organized opposition and if council members showed leadership by advocating for the
measure and educating the community they could build momentum. She said there was no longer
an urgent need to move personnel out of City Hall and no pressure to move forward immediately,
allowing the opportunity to wait two years if necessary to increase internal funding.
Mr. Pap6 referred to the recent parks and open space bond issue, which was well-publicized and
well-received in the community, and noted that $70,000 was spent on that campaign. He agreed
with Mayor Torrey's assessment of the estimated cost of $100,000 for a bond measure campaign.
He asked if the project would be easier to finance if other agencies were paying market rate rents.
Mr. Carlson said that charging agencies more rent would not generate a sufficient revenue stream
to make up the difference of $6.79 million.
Mr. Pap6 agreed that it was prudent to fully investigate a lease-to-own financing mechanism. He
noted that Option D would use up to 98 percent of the City's bonding capacity. He asked how
that would limit a parks and open space bond in two years. Mr. Carlson said the council would
have to change the current policy established by the Budget Committee of one percent of real
market value. He said the State law was three percent of real market value.
Mr. Pap~ asked if changes to the policy would affect the City's bond rating. Finance and Court
Services Director Cindi Hamm responded that the City's bond rating was very high because it
was conservative with debt and the debt capacity policy was only one of the factors that
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determined the rating although changing it could have an affect and any change should be
carefully considered.
Ms. Nathanson remarked that changing the bond rating even slightly could cost several hundred
thousand dollars. She contrasted options A+ and D by noting that the issues were what the City
organization could afford and what the voters perceived they could afford. She said the City's
uncertain revenue picture could send a mixed message if the voters were asked to fund a very
large project and the City lost revenue for operations and was forced to lay off more staff. She
expressed concern that Option D would expend voter goodwill and capacity to pay on one
project.
Ms. Taylor said she did not agree with the suggestion to combine the police facility with City
Hall, but did agree that the initial pressure to move police personnel no longer existed. She also
agreed with Mr. Kelly's comments about public perception regarding the Police Department and
expressed confidence in Chief Lehner's ability to change that perception. She agreed that the
parks measure should not be on the ballot at the same time as replacement of City Hall and
suggested that the parks measure could pass in 2004, which would address improvements to the
Park Blocks. She expressed the opinion that nothing related to a police facility should be placed
on the ballot in 2004.
Mr. Meisner remarked that measures should be placed on the ballot based on priorities, rather
than opportunism and Option A+ represented opportunism. He said he also could not support
Option D for the reasons he stated previously, but acknowledged current police needs and did not
want to postpone addressing them indefinitely. He stated that whatever his vote was and
whatever the council decided to place on the ballot he would campaign for and personally
support. He expressed concern that Option A+ would not have the full support of the council and
that in addition to the cost of a campaign there was the need for people to conduct it and he had
not seen evidence of volunteers. He asked staff to investigate the lease-to-own strategy, although
not for a 25-year building or the quality of building the City would construct.
Mayor Torrey encouraged council members to support the motion. He stated he would support
Option D, campaign for it, and raise funds if that was what the council decided, but cautioned that
a campaign would require the active involvement of the council to be successful as there was not
currently community support for a new City Hall. The community was aware that a new police
facility had been the City's first priority for several years and it was time for the council move
forward.
Mr. Kelly complimented the council on the substantive discussion of the issues. He said he could
not support the motion because of the reasons stated by Ms. Bettman and based on the City's
polling and constituent feedback, which indicated the measure would fail.
Mr. Kelly offered a substitute motion to direct the City Manager
to create a work plan that would lead to a full City Hall
replacement measure in 2006. Ms. Bettman provided the
second.
Mr. Kelly clarified that he was speaking at the concept level to avoid trying to identify specific
details of Option D to be included and fine tune the steps to be taken.
Mayor Torrey clarified that if the substitute motion passed Option A+ was no longer on the table.
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Speaking to Mayor Torrey's comments, Ms. Bettman said the City's highest priority was to move
police personnel out of the basement because it was explicitly unsafe, and that had been
accomplished. The need to move remaining police personnel was no greater than the need to
move other City staff and the public out of the building. She supported the substitute motion and
a conjoined facility remained her preference.
Mr. Pap~ asked if the information on operating and maintenance costs on page 24 of the Agenda
Item Summary represented an incremental increase in costs or only the costs for new facilities,
not taking into account a reduction for costs of the current facility. Mr. Carlson said the figures
were gross because there was not currently a strategy for eliminating the operation and
maintenance costs in existing City Hall, although that was the goal. Mr. Pap~ asked for estimated
figures based on elimination of costs for the existing City Hall. He clarified that under State law,
police personnel could be grandfathered into existing space, but any relocation would have to be
to space that met seismic code requirements. Mr. Penwell agreed with that clarification.
Mayor Torrey announced that in the event of a tie vote, he would vote against the motion.
The substitute motion failed, 5:3; Mr. Meisner, Mr. Kelly, and
Ms. Bettman voting in favor.
Mr. Pap~ commented that the public supported a partnership between the City and the County to
build one facility to house police functions and encouraged the City to continue discussion with
the County.
Mr. Kelly noted that the County was in a financial situation that prevented it from collaborating
on a new police facility and, while he understood the need for a new facility, he also understood
the liability of placing what appeared to be the same measure for the third time on the ballot.
Ms. Nathanson said the measure had new features such as combining certain types of community
and social services to provide the best services to the public and she felt it was worth presenting
to the voters. She remarked that the decision was a difficult one for her because she wanted it
done right instead of fast and she was concerned that there was not enough council support for the
measure to instill confidence in the community.
Mr. Meisner stated he would reluctantly support the motion without high expectations and with
the express commitment to help with the campaign. He asked what the deadline was for
removing a measure from the ballot. He requested evidence in the form of names of community
members who would conduct the campaign before he would vote in a final decision to put the
measure on the ballot.
Ms. Bettman remarked that while $28 million was internal funds, it was still funds from the
taxpayers. She asked if the City would move forward with the police station using internal funds
if the pieces related to amenities such as the Parks Block improvements, Civic Center
improvements and additional space for agencies failed at the ballot. Mr. Taylor stated his hope
that staff would receive direction to pursue Option A using existing resources.
Ms. Bettman said that failure of the bond measure would be a clear message from the public that
it did not want a new police station and questioned whether the City should proceed with internal
funds.
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Mayor Torrey gave Mr. Meisner his commitment to raise funds and campaign on behalf of a bond
measure. He agreed with Mr. Papd's suggestion that the City and County work collaboratively
and noted that the federal courthouse would present an opportunity. He felt that it was possible to
communicate with the public in a timely matter on the November bond measure and achieve a
positive outcome.
Mr. Pap~ again urged the City and County to continue their discussions about co-location. Mr.
Carlson noted that when the civic vision principles were adopted the previous week, the first
principle was specifically changed to address consolidating City office functions, but he was not
certain there was consensus on the council to consolidate City and County functions.
Mr. Meisner pointed out that he requested the change to emphasize City consolidation because
there was another policy that addressed partnerships and consolidation with other governments.
Mr. Pap~ stated that he would raise funds and assist with a campaign if the council decided to
place a measure on the ballot.
Ms. Nathanson asserted her hope for a shared criminal justice building and acknowledged that the
timing was not right for other governments to participate in the discussion. She asked if 15,000
additional square feet was adequate. Mr. Carlson said the number was based on analysis of the
first floor functions that included public meeting spaces in addition to space for nonprofit
agencies.
Ms. Nathanson reiterated her hope that shared space was not limited only to nonprofit social
service agencies if there were other entities interested in sharing space. She emphasized the need
to begin working on new buildings and taking steps toward the future.
Ms. Bettman observed that the issue of sharing space with the County had been kept alive by the
Mayor and some members of the council, and there should be a definitive vote by the full council
on that issue as not everyone supported it.
Mr. Pap~ said he could support any of the options presented and would help pass whatever
measure was placed on the ballot.
The motion passed, 5:3; Mr. Meisner, Mr. Kelly, and Ms.
Bettman voting in opposition.
The meeting adjourned at 1:20 p.m.
Respectfully submitted,
Dennis M. Taylor
City Manager
(Recorded by Lynn Taylor)
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