HomeMy WebLinkAbout09/24/1990 Meeting
e M I NUT E S
Eugene City Council
McNutt Room--City Hall
September 24, 1990
5:30 p.m.
COUNCILORS PRESENT: Emily Schue, Rob Bennett, Ruth Bascom, Shawn Boles,
Freeman Holmer (after 5:50 p.m.), Roger Rutan, Bobby
Green, Debra Ehrman (after 6:20 p.m.).
The regular meeting of September 24, 1990, of the Eugene City Council was
called to order by His Honor Mayor Jeff Miller.
1. DEVELOPMENT SERVICES FINANCING STUDY
Tony Mounts, Finance Director, reviewed this item. He said that in July
1989, the council established the Committee on Development Services. The
charge of this committee was to review each of the development services
provided in the General Fund and to prepare a recommendation on the
appropriate level of fee support versus general tax support for each of the
e services. Committee recommendations were based on a review of service
descriptions, review of full cost information, and review of existing and
potential revenue sources.
Mr. Mounts said that the committee recommends that general tax support for
development services be reduced by up to $2.4 million over a five-year
period. The committee also recommends that the Council Committee on
Development Services be disbanded and that staff make periodic progress
reports to the full council over the next five years to provide updates on
progress towards these goals.
Mr. Mounts said that staff analyzed each service to develop an estimate of
the full costs based on the FY90 budget and reviewed all revenue sources to
determine the level of fee support. The services were divided into
categories according to the individual or group which benefits from the
provision of the service. The major categories included in the study were
direct customer services, general business services, and general public
services. The committee recommended the following reductions in general tax
support over a five-year period:
*Direct Customer Services $2,330,000
*General Business Services 20,000
*General Public Services 93,000
In summary, Mr. Mounts said that if the committee recommendations were
e adopted, the General Fund support could be reduced by up to $2,443,000 in
FY90 dollars.
MINUTES--Eugene City Council September 24, 1990 Page 1
e As a member of the Council Committee on Development Services, Councilor Boles
provided the council with a report on the committee's recommendations.
He pointed out several basic principles which guided the committee's
deliberations. The committee felt that it was important that any change in
the current method of fee support be implemented gradually. Also, the
committee felt that hardships and/or additional costs associated with the
appeals system should highly influence the ultimate fee to be paid.
When considering the amount of fees which would be levied, Mr. Bennett asked
whether the committee compared the proposed fees with fees currently charged
by other jurisdictions. In response, Mr. Boles said that the committee did
some comparison with other jurisdictions.
Mr. Bennett pointed out that one benefit of General Fund support is that it
allows an annual review of the cost to the City of providing a service. He
voiced concern that without this annual review, the City's ability to monitor
fees would be reduced. Mr. Boles responded that the committee recognized
this concern and suggested that the City contract with an independent auditor
to serve that evaluative function.
Responding to a question from Mr. Rutan, Mr. Boles said that there are
administrative caps on the amount the City can charge for some services. In
some cases, the committee has suggested that the City pursue legislative
action to raise these cap limitations. Mr. Mounts also noted that in the
case of building permits, if a jurisdiction can show that it needs to charge
more for the services than the present ceiling allows to recover the full
e cost, it may be able to do so.
Mr. Boles summarized the committee's recommendations:
A. Direct Customer Services
1. Annexation
The committee recommends that the current level of general tax support be
maintained. This recommendation supports the council's policy to encourage
annexation activity within the urban growth boundary.
Mr. Bennett pointed out that the presence of individual annexation requests
demonstrates that annexation provides some benefit to individuals. He felt
that the current level of tax support should be reduced and that fees should
be increased.
Mr. Holmer disagreed. He felt that the City should be encouraging annexation
and said that increasing fees would only discourage annexation.
2. Business/liquor licenses
Mr. Boles stated that business license fees are established to recover the
full cost of providing the service. The committee recommends that liquor
license review fees should be increased to the State ceiling and that the
e City pursue legislative action to raise the ceiling.
MINUTES--Eugene City Council September 24, 1990 Page 2
e 3. Land Use Information/Applications
Mr. Boles indicated that the committee is divided on whether to recommend
full cost recovery over a five-year period or continue the current level of
general tax support. The committee recommends that if full cost recovery is
chosen, fee increases for conditional use permits issued for day-care/group-
care dwellings and mobile home hardship permits be accomplished over a
ten-year period.
Mr. Holmer felt that the City should be encouraging the provision of land-use
information by choosing to continue the current level of general tax support.
Mr. Rutan said that he disagrees with the committee recommendation for this
issue as well as for construction permits and business permits. He said that
by consuming these services, private property owners are acting in the public
good. While he agrees that private property owners should pay a portion of
the costs associated with providing these services, they should not be
required to pay the full cost of such regulations. Following the committee
recommendation, he warned, could have serious economic development
consequences.
Mr. Holmer reiterated that the City should provide preliminary General Fund
support for the provision of land-use information and applications.
Mr. Boles said a major committee concern raised during deliberations had to
e do with growth-related cost increases. The committee felt that rather than
allowing the City to continue bearing the costs associated with growth, those
who are directly responsible for that growth should pay.
Mr. Rutan suggested that the council hold an additional work session to
discuss those items which are still disagreed upon.
Mr. Boles said he is opposed to having an additional work session on this
report. He reasoned that until the recommendations in this report are
implemented, the City must continue to subsidize all services as it is
currently doing.
4. Local Business Assistance
Mr. Boles indicated that the committee recommends elimination of general tax
support over a five-year period.
Ms. Schue said that before she can support the committee recommendation, she
would need additional information from the business community on how crucial
City support of this program is to them. She also suggested that the City
ask the Southern Wil1amette Private Industry Council (SWPIC) if it would
continue the program without City support.
Mr. Holmer noted than part of the function of the local business assistance
program includes the provision of demographic and market information as well
e as workshops and seminars. He said the City should consider whether this
type of information is of sufficient community value to justify General Fund
tax support.
MINUTES--Eugene City Council September 24, 1990 Page 3
e Mr. Green felt that with the current level of unemployment in our community,
the current level of fee support for this program should be maintained.
5. Construction Permits
Mr. Rutan reiterated his concern that the industry should not be required to
pay the costs associated with regulation.
Ms. Bascom felt that because the industry benefits from this, the City should
seek full cost recovery.
Mr. Holmer pointed out that on this issue, the committee felt that the
builder should pay the permit costs. He noted, however, that the costs
should not be so high as to become a deterrent to construction.
Ms. Schue also noted that the building developer will eventually pass any
additional costs on to the consumer.
Mr. Miller pointed out that building developers said they would be willing to
pay increased costs if the City would guarantee the timely and efficient
provision of services that have been requested. He also suggested that the
council hold a public hearing on this issue to get feedback from those who
would be impacted. Mr. Rutan agreed.
Mr. Boles suggested that the City analyze any changes which are made within
e this study after it has been implemented for a year.
Mr. Boles said that he is reluctant to support a public hearing because of
the amount of time which has already been taken on this issue. He also noted
that those persons who have a direct financial interest in this proposal
would be most likely present to testify. Persons who represent the larger
public are not likely to be present.
Ms. Bascom stated that the City has already reviewed this issue in its
general financial planning efforts and has provided several opportunities for
public comment. She would not favor a public hearing.
Ms. Ehrman said that because of the controversial nature of this proposal,
the City would benefit from greater public input. Mr. Green and Mr. Bennett
concurred.
Ms. Schue moved, seconded by Mr. Bennett, to hold a public
hearing on the Developmental Services Financing Study.
Assistant City Manager Dave Whitlow agreed to provide the council at its next
Wednesday work session with a possible date for the public hearing.
Mr. Boles reiterated his reluctance for supporting a public hearing.
The motion carried unanimously, 8:0.
e
MINUTES--Eugene City Council September 24, 1990 Page 4
e Ms. Schue moved, seconded by Ms. Ehrman, to amend the
committee recommendations to reflect a continuation of the
current level of General Fund fee support with respect to the
Land-Use Information/Application service and the Historic
Preservation Program. The motion carried unanimously, 8:0.
Mr. Bennett suggested that the cost of the Wetlands Study be combined with
cost of the Storm Water Drainage study.
II. TREE PRESERVATION ORDINANCE
Christine Andersen, Public Works Department, reported on the status of the
proposed changes to the tree preservation ordinance. She noted that the City
Council will be holding a public hearing on October 8, 1990, to consider
changes to the tree preservation regulations.
Ms. Andersen stated that the City of Eugene and Lane County planning
commissions held a jOint public hearing on the tree preservation ordinance at
which they received a great deal of public testimony both in favor of and in
opposition to the tree ordinance. Representatives of the Tree Commission
were present at the hearing and presented a list of recommended changes to
the ordinance.
Ms. Andersen reminded the council that at its request, the Lane County Board
e of Commissioners adopted interim tree preservation regulations in April 1990,
for the area outside of the city limits but within the Eugene urban growth
boundary (UGB). Interim regulations will sunset on December 1, 1990. Ms.
Andersen emphasized that this issue has moved very rapidly. Although the
Eugene and Lane County Planning Commissions have met jointly to discuss this
issue, several unresolved issues still remain, particularly with respect to
tree-cutting regulations in the area between the city and the UGB. In order
to meet the December 1 deadline, staff recommends that the ordinance be
divided into two parts so that regulations for the area within the city
limits will be separated from regulations for the area between the city and
the UGB.
Mayor Miller asked about the likelihood of having a single metropolitan-wide
tree preservation ordinance. Ms. Andersen said that with continued
opportunity for discussion, it is possible that the City will eventually have
a single ordinance. She noted, however, that the City's ordinance might not
be the same as Springfield's.
Allen Lowe, Planning and Development Department, gave a slide presentation on
the proposed ordinance. He noted that within the past few years, the City
has begun to recognize the need for the better management of tree-cutting
practices, particularly in the South Hills area. He explained that several
areas within the urban growth boundary have been logged prior to initiation
of annexation proposals for the sites. While those areas were clearly
intended to be covered by policies within the South Hills Study, at the time
e the logging occurred, areas outside of the city limits but within the UGB
were not subject to the City's tree preservation ordinance.
MINUTES--Eugene City Council September 24, 1990 Page 5
e Mr. Lowe highlighted several of the proposals contained within the proposed
code. He indicated that the most controversial provision in the proposed
ordinance is a prohibition on all slash burning within the UGB. This was
proposed out of concern for air quality and fire protection.
Mr. Lowe noted that at the Planning Commission public hearing, the commission
received community feedback regarding exempting City government from tree-
cutting permit requirements. Public testimony was almost unanimously opposed
to this provision.
Ms. Ehrman asked how the proposed ordinance would make it possible to avoid
clear cutting. In response, Mr. Lowe said that City staff will have the
authority to determine the appropriate level of tree cutting.
Mr. Boles noted that one of the ordinance provisions specifies a limit on the
total number of trees which can be cut. He asked how this would be
monitored. Mr. Lowe responded that tree-cutting permits would be required
for cutting to exceed the five-tree-per-acre limit. He noted too that tree
cutting, particularly for areas within the south hills, is subject to a
great deal of community policing. Those persons who live in the area will
likely help the City monitor this provision.
Regarding appeal authority, Mr. Boles stated that because the land in
question is urbanizable land, the City's Hearing's Official should be
responsible for hearing decision appeals. He noted that if that is
unacceptable with the Lane County Board of Commissioners, then the
e Metropolitan Policy Committee (MPC) should serve as the hearing body.
Ms. Schue said that MPC would not be a good hearing body because each of the
jurisdictions on this committee has veto power.
Mr. Lowe emphasized that this ordinance is a compromise document. The City
will have to work with the County commissioners to resolve this issue.
Assistant City Manager Dave Whitlow suggested that the council might seek
direct verbal contact with the Lane County Board of Commissioners to discuss
its concerns on this issue.
III. WEST EUGENE WETLANDS STUDY--PROGRESS REPORT
Steve Gordon, Lane Council of Governments (L-COG), provided the council with
an update on the West Eugene Wetlands Special Area Study in preparation for
its November 15 final workshop on the study. He said that preliminary staff
recommendations and a draft plan for the restoration and preservation of
wetlands will be presented at that workshop.
Mr. Gordon said that many community workshops and forums have been held to
educate the public and receive feedback on the wetlands issue. Community
response has been very helpful. He said that the City will continue to work
with State and Federal agencies on wetlands issues.
e Responding to a request for clarification from Mr. Bennett, Mr. Gordon said
that the City has tried to identify every possible means of funding available
for mitigation. It tried to assemble a financing package that ties the costs
MINUTES--Eugene City Council September 24, 1990 Page 6
e of mitigation to the benefits. A Systems Development Charge (SDC) will most
likely be a part of that package.
Mr. Bennett voiced his concern with using SDCs as a means of financing
wetland mitigation. He said that it is unfair to expect the development
process to finance wetland mitigation in the future.
Mr. Gordon pointed out that the comprehensive wetland plan for the west
Eugene area is being proposed as a model for wetland problems in other areas
of the city as well. The strategies laid forth in this particular study may
have benefits far beyond just the west Eugene area.
Responding to a question from Ms. Ehrman, Mr. Gordon said that in the process
of developing its own mitigation strategies, the City has reviewed
comprehensive wetland plans from a number of other communities. He
emphasized that innovative wetland mitigation strategies are still needed.
Mr. Rutan inquired about the status of Spectra-Physics. Mr. Gordon responded
that mitigation for Spectra-Physics is currently under construction.
Mr. Bennett commented that he is still interested in the possibility of using
increased water flow from the "Emerald Canal" to assist in wetland
mitigation. Mr. Gordon responded that part of the west Eugene mitigation
plan for the west Eugene area addresses the potential of enhanced water flow
in the Millrace. He pointed out that mitigation solutions for the west
Eugene area can be found without identifying additional water sources.
e Mayor Miller commended Mr. Gordon and L-COG for the extensive amount of time
and effort it has invested in developing strategies for wetland mitigation.
The meeting of the Eugene City Council adjourned at 7:25 p.m.
Respectfully submitted,
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Micheal Gleason
City Manager
(Recorded by Traci Northman)
mncc 092490-530
e
MINUTES--Eugene City Council September 24, 1990 Page 7