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Councilor Bettman elaborated on the distribution of the TSMF between businesses and residences, stating <br />the fee was fair and legally supportable because it was based on standard data commonly used for that <br />purpose. She asked if there were other methodologies that could have been applied. Mr. Corey replied that <br />the methodology used for purposes of describing the TSMF was an ITE methodology that applied trip <br />generation to different classes of property and was a legally defensible means to apply the TSMF. He <br />noted that caps on the assessment and exclusions had been discussed by councilors. <br />Councilor Bettman asserted that the methodology was considered fair in other calculations such as <br /> <br />systems development charges (SDCs). She opined that making unilateral decisions, based on input from <br />special interests, to arbitrarily adjust rates calculated on the basis of hard data was unfair. <br /> <br />Councilor Solomon addressed Mr. Hauser and Terry Connolly of the chamber. She reminded them that, <br />when discussing the TSMF, the chamber had challenged the council to put the burden back on the chamber <br />to spearhead a larger discussion around transportation issues. She noted confusion among the councilors <br />on whether a meeting was being scheduled and who was convening it. She hoped that the chamber would <br />take a %igger lead" to ensure that all of the parties involved could begin work toward resolving the <br />transportation maintenance crisis. <br /> <br />Councilor Nathanson expressed hope that the staffs of the primary parties involved would be convening to <br />discuss the process. She pointed out that the process should be fair and productive. She opined that it <br />would be premature to discuss potential solutions at this juncture. She commented that much discussion on <br />the repeal of the TSMF had transpired at previous work sessions and meetings and that the public hearing <br />was closed. She asked the City Attorney if there was anything in the charter that would preclude finishing <br />the item at the present meeting by voting upon it. <br /> <br />City Attorney Glenn Klein deferred to Mary Walston of the City Manager's Office regarding the council's <br />operating agreements, but said that in terms of the charter, it would take unanimous consent of the council <br />for a vote to occur at the present meeting. <br /> <br />Mayor Torrey asked if there was objection to taking a vote on the ordinance. Seeing none, he invited the <br />council to provide a motion. <br /> <br /> Councilor Pap~ moved, seconded by Councilor Nathanson, to adopt Council Bill No. <br /> 4848, an ordinance repealing Ordinance No. 20273 concerning transportation system <br /> maintenance fees. Roll call vote; the motion carried, 6:2; councilors Kelly and Pap~ <br /> voting in opposition. <br /> <br />Agenda Item (6) was deferred due to a lack of time. <br /> <br />The meeting adjourned at 9:59 p.m. <br /> <br />Respectfully submitted, <br /> <br />Dennis Taylor <br /> <br />MINUTES--Eugene City Council September 8, 2003 Page 15 <br /> Regular Meeting <br /> <br /> <br />