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HomeMy WebLinkAbout01/14/1991 Meeting (2) e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall January 14, 1991 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Shawn Boles, Randy MacDonald, Roger Rutan, Kaye Robinette, Bobby Green, Paul Nicholson, Debra Ehrman (until 7:40 p.m.). The adjourned meeting of January 9, 1991, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. PUBLIC FORUM Mayor Miller opened the public forum portion of the meeting and asked those wishing to speak to limit their comments to three minutes. There were no requests to speak. Mayor Miller announced that agenda item VI, a resolution concerning the Mid- dle East conflict, would be considered after the consent calendar as item 4It III, and the remaining agenda items would be renumbered accordingly. II. CONSENT CALENDAR A. Approval of City Council Minutes of September 24, 1990, Dinner Work Session; September 24, 1990, Meeting; September 26, 1990, Lunch Work Session; October 8, 1990, Dinner Work Session; October 8, 1990, Meeting; October 10, 1990, Lunch Work Session; October 17, 1990, Lunch Work Session; October 26, 1990, Annual Goals Ses- sion; October 27, 1990, Annual Goals Session; and October 29, 1990, Meeting B. Segregation of Assessment for Property Located on the North Side of West 52nd Avenue, West of Willamette C. Approval of Findings, Minutes, and Recommendations of Hearings Official and Approval for the City Engineer to Proceed With Prepa- ration of Plans and Specifications for Improvements to Greenacres Road (Job #2647) D. Approval of Findings, Minutes, and Recommendations of Hearings Official and Approval for the City Engineer to Proceed With Prepa- ration of Plans and Specifications for Improvements to Centennial Boulevard (Job #2693) e MINUTES--Eugene City Council January 14, 1991 Page 1 e Mr. Green stated that he had minor corrections to the City Council meeting minutes of October 29, 1990, and requested that they be held over for discus- sion at the end of the meeting. Mr. Rutan moved, seconded by Mr. Boles, to approve the remain- ing items on the City Council consent calendar. Roll call vote; the motion carried unanimously, 8:0. III. RESOLUTION CONCERNING THE MIDDLE EAST Res. No. 4221--A resolution requesting the President and Con- gress of the United States to exercise re- straint from involving Americans in armed con- flict, especially as an aggressor nation. Mr. Boles read the resolution by title and indicated that this issue was first raised at the council's last work session. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion. e Responding to a question from Ms. Ehrman, Mr. Boles said that in addition to the President and Congress, copies of the resolution should also be sent to the National League of Cities and the National Conference of Mayors. Mr. MacDonald distributed copies of Senate Resolution 1, passed unanimously that morning by the Oregon State Senate indicating a similar position. He said that, as elected officials, it is appropriate for councilors to publicly take a position on this issue. He also noted that he hopes that support for the resolution will not be misconstrued as a lack of support for the armed forces in the Gulf. Mr. Robinette said that it is inappropriate and unwise for the council to take a position on this lssue. He expressed great personal concern with the deaths that may result from a war but urged the council not to support the resolution. Mr. Rutan noted that he has received several phone calls from Eugene resi- dents who are opposed to the council taking a position on their behalf on the war. He pointed out that the community is openly divided on this issue and concurred with Mr. Robinette's opposition to the resolution. Ms. Ehrman acknowledged citizen concern on this issue but said that by taking a stance on this issue, the council would be making public its concern with the potential outcome of armed conflict. Commenting that the council has nothing to gain by remaining silent on the issue, Mr. Green expressed his support for the resolution. e MINUTES--Eugene City Council January 14, 1991 Page 2 e e - Mr. Nicholson concurred with Ms. Ehrman and Mr. Green on the council's need to express an opinion on the potential for military action in the Gulf. Ms. Bascom said that although she does not believe that this issue should have come before the council, she will support the resolution because she believes that the use of military restraint in this instance is wise. Mayor Miller stated that he does not normally vote on the council unless needed to break a tie; however, he asked that the council allow him to vote on this issue in order to make his position known. Roll call vote; the motion carried, 7:2; with councilors Boles, Ehrman, Bascom, Nicholson, MacDonald, Green, and Mayor Miller voting aye; and councilors Robinette and Rutan voting nay. IV. PUBLIC HEARING: BUSINESS LICENSE CHANGES City Manager Mike Gleason introduced the topic. Greta Utecht, Planning and Development Department, gave the staff report. She said that the ordinance before the council would revise some of the general provisions of Eugene Code Chapter 3, as well as specific licensing provisions for detectives, security agents and agencies, towing companies, and businesses with fire safety li- censes. The majority of public comment received thus far on this issue has focused on the sections which apply specifically to security agents and agen- cies and investigators. Ms. Utecht directed the council's attention to a letter from several local security agencies contained within the agenda packet and indicated that City staff has met with industry representatives to review the proposal. As out- lined in the proposal, the industry supports the adoption of the proposed ordinance with two modifications. The first is the inclusion of a provision requiring the City to inform, in writing, a designated industry representa- tive of any proposed code modifications or fee changes. As a part of the agreement, the representative would then agree to distribute the information to other members of the industry. Staff recommended that the code not be altered in this way because public notice goals would not be met if the des- ignated representative did not distribute those materials. Also, since the section refers to all rule making undertaken by the City Manager, adding the specific language for the security industry would limit its use in other program areas. Ms. Utecht noted that it is already the City's practice to inform, in writing, all business licensees of any proposed changes that may affect them. Ms. Utecht said that the other change proposed by industry representatives prior to ordinance adoption is a request that security agency owners receive a copy of the criminal background check on a potential employee if a person signs a release form. Staff is willing to support such an amendment provid- ing that the report is issued in writing and only to a recognized representa- tive of the agency. MINUTES--Eugene City Council January 14, 1991 Page 3 ~ Ms. Utecht said that the area agencies have also included a proposal with regard to the fees that will be proposed for adoption by the City Manager pursuant to this ordinance. She noted that cost estimates for certification inaccurately reflect both the time involved in issuing certification cards and monitoring costs. She also pointed out that cost comparisons with other cities do not always work because communities often rely on different ways to cover regulatory licensing costs. Ms. Utecht summarized that staff recommends adoption of this ordinance in order to enhance public safety by providing a more effective mechanism for regulating the security investigative industry and in order to consolidate the sections of the code relating to administration into one chapter. Mayor Miller opened the public hearing. Julie Arendt-Linhardt, 1142 Willagillespie Road #19, representing five area security agencies testified on this issue. She noted that the agencies met with Ms. Utecht recently and are in agreement with staff's position and the need to notify each licensee about changes. With respect to fee increases, she questioned whether it is fair to ask for 100 percent cost recoupment for monitoring application and certification costs. She reminded the council that with the more stringent ordinance, it is possible that monitoring costs may drop and proposed a one-year fee evaluation. e Skip Hoke, 719 Ivy Avenue, inquired about the proposed insurance requirements for unarmed investigators. Gary McClellan, 1000 West 1st Avenue, representing Ray's Towing and Garage testified against the 60-day advance notice for rate change to cover fuel costs noting that this would cause an unfair burden on towing companies. He stated that these requirements seem to be directed primarily at private tres- pass towing and noting that there are other types of towing companies, ques- tioned how the ordinance would relate to them. Bernard Spielman, 1360 Bethel Drive, representing Farwell's Towing, voiced concern with the lack of public notification on this issue. There being no additional requests to speak, the public hearing was closed. Responding to public testimony, Ms. Utecht indicated that the 60-day rate change notification was proposed in response to public complaints of unscru- pulous rate-setting practices and does not affect what rates can be charged. With respect to public notice, Ms. Utecht said that because the City does not license towing companies, it does not keep a record of all businesses cur- rently in operation. It would be difficult, therefore, to notify all busi- nesses. However, public hearing notices on this issue have been run in The Register-Guard. e MINUTES--Eugene City Council January 14, 1991 Page 4 e e e Responding to questions regarding license fees, Bill Gary, City Attorney's Office, clarified that the proposed fee schedule is not part of the ordinance but would be fixed by Administrative Rule. It would be possible to instruct the City Manager to conduct a one-year review of the fee schedule. Mr. Nicholson pointed out that with private property towing, the person who requests the service is often not the person who ultimately pays for the service and questioned what added protection the ordinance gives to the pub- lic. In response, Lieutenant Vic Mann, Department of Public Safety, testi- fied to the problem that exists when a person contracts for a AAA tow through the police department. He indicated that the City is attempting to keep a record of rates charged in order to aid in the investigation of complaints of unfair pricing that arise. Mr. Robinette indicated that the GO-day notice seems excessive and asked for the rationale behind this number. Lieutenant Mann responded that the GO-day time limit was taken directly from the old ordinance. It would be possible to compress the time frame. Mr. Rutan expressed his appreciation to members of the security licensing industry who were willing to work with the City in establishing an ordinance acceptable to both parties. He spoke about the competitive nature of the industry and suggested that total cost recovery be phased-in over several years. Noting that some cities do not regulate security businesses at all, Mr. MacDonald asked for the rationale behind regulating this industry. In re- sponse, Ms. Utecht said that the City has become involved in industry regula- tion in order to ensure that the public's faith in the industry is justified. Recent enforcement issues based on unscrupulous business practices of indus- try members has accentuated the need for regulation. Reminding the council of its agreement to phase in cost recovery when neces- sary, Mr. Boles expressed his support for a one-year fee review. However, he pointed out that anything less than 100 percent cost recovery would continue to be borne by the General Fund. At Mr. Rutan's suggestion, the council agreed that phased-in fee recovery should be set by the City Manager toward total cost recoupment and that a mandatory evaluation of the fees be conducted at one year. It also agreed that the notice of towing rate changes would be reduced from a period of GO days to 15 days. In response to testimony from Mr. Hoke, Ms. Utecht said that under the pro- posed ordinance, unarmed investigators would not have to provide proof-of- insurance as was required previously. However, proof-of-insurance will con- tinue to be mandatory for armed investigators. CB 42G3--An ordinance concerning licensed activities; amending and renumbering Sections 3.012 and 3.015 of the Eu- gene Code, 1971, to Section 2.019; adding Sections MINUTES--Eugene City Council January 14, 1991 Page 5 e 3.205 through 3.215 to that code; amending Sections 3.005, 3.060, 3.131, 3.175, 3.285, 3.387, 3.288, 3.289, 3.291, 3.292, and 3.293 of that code; and declaring an emergency and an effective date. Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Mr. Gary summarized the following list of proposed changes to Council Bill 4263: 1) amend Section 3.886 in Section 18, changing the time required for posting rates from 60 days to 15 days; 2) amend Section 1 to readll notice shall be provided to those who have requested such notice and to any business which possesses a license issued pursuant to the ru1ell; 3) amend Section 3.287, Subsection 2, to read lithe City shall furnish a security agency with a copy of the criminal records check for an applicant if the applicant has completed a release of information form supplied by the City.1I Mr. Rutan moved, seconded by Mr. Boles, that the amendments outlined by Mr. Gary be included in the motion. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4263, as amended, was read the second time by number only. e Mr. Rutan moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill became Ordinance 19742). Boles, that the bill be ap- Roll call vote; all counci1- was declared passed {and V. PUBLIC HEARING: INDUSTRIAL LANDS REPLACEMENT METROPOLITAN PLAN AMENDMENTS (MA 89-3) City Manager Mike Gleason introduced the topic. Gary Chenkin, Planning and Development Department, reported that the council will be considering three council-initiated amendments to the Metro Plan Diagram and related text. These amendments are intended to partially offset the loss of land planned for industrial development but encumbered by wetlands in west Eugene. Mr. Chenkin asked that the council consider all three ordinances separately. He clarified that the IIFindingsll referred to in the ordinances should all be referenced as IIAttachment BII and said that if the ordinances are passed, all copies would be corrected before being signed. Mr. Chenkin noted that the proposed site on Stewart Road has been updated, clarifying that the updated ordinance more clearly states that 11 acres of that site which are designated on the Metropolitan Plan Diagram as IINatural Resourcell would not be changed. He also noted that a representative of the IINorth of Chad Sitell would be present this evening to request a postponement on that site. Staff has dis- cussed this issue with the site owners and would agree to site postponement, if the council is interested. e MINUTES--Eugene City Council January 14, 1991 Page 6 e Mayor Miller opened the public hearing. Jim Saul, III West 7th, Suite 300, representing Breeden Brothers, owners of the North of Chad Site, testified that for a variety of reasons it may no longer be prudent to consider changing this land designation, and requested a 90-day postponement of redesignation to resolve the issue. There being no additional requests to speak, the public hearing was closed. Mr. Green asked Mr. Saul whether the site owners would be willing to compro- mise to a 60-day postponement of land redesignation. Mr. Saul stated that the owners would be willing to make such a compromise. Mr. MacDonald asked how the Chad Street site fits into the Willakenzie re- finement plan process. Mr. Chenkin responded that if the site were redesignated, it would be in accord with the draft Willakenzie Plan and the Willakenzie planning team. In the event that the site is not redesignated, it is possible that it would be reevaluated for industrial potential. Mr. Gary said that if the council takes no action on Council Bill 4276, it automatically would be recalendared for 60 days. e CB 4274--An ordinance amending the Eugene-Springfield Metropol- itan Area General Plan Diagram for a 74-acre site east of Bertelsen Road and north of Stewart Road, except for the eleven-acre portion of the site desig- nated Natural Resource on the Metro Plan Diagram. Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4274 was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Mr. Boles noted that he voted previously and would continue to vote against moving forward with industrial lands redesignation in accordance with the recommendations of the Eugene Planning Commission. Responding to a question from Mr. Boles, Mr. Gary said that any action to delay on the second ordinance would delay the actions of Lane County and Springfield, but would not affect the Metro Plan amendment cycle. Roll call vote; with councilors Boles and Nicholson voting nay, the bill was declared passed (and became Ordinance 19743). e MINUTES--Eugene City Council January 14, 1991 Page 7 e e e CB 4275--An ordinance amending the Eugene-Springfield Metro- politan Area General Plan Text and Diagram for a 315-acre site east of Highway 99, between Enid Road and Awbrey Lane. Mr. Rutan moved, seconded by Mr. Boles, that the bill with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4275 was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Roll call vote; with council- ors Boles and Nicholson voting nay, the bill was declared passed (and became Ordinance 19744). VI. PUBLIC HEARING: METROPOLITAN WASTEWATER MANAGEMENT COMMISSION EQUALIZATION CHARGE City Manager Mike Gleason introduced the topic. Terry Smith, Public Works Deputy Director, reported briefly on this issue. He indicated that the coun- cil would be considering an ordinance adopting the Facility Equalization Charge (FEC) recommended by the Metropolitan Wastewater Management Commission (MWMC) at a public hearing on January 14. The charge is intended to create equity between existing sewer users (who have been paying property taxes for the local share of the regional wastewater treatment plant, including reserve capacity for new users) and new users for their total contribution to the plant. Mr. Smith explained that the concept of a connection fee came out of the Metropolitan Sanitary Sewer Advisory Committee, a citizen's advisory team created to formulate a Regional Treatment Plant financing plan that would be acceptable to the three jurisdictions. A portion of this agreement called for a bond election to provide local matching funds for Environmental Protec- tion Act (EPA) grants. Mr. Smith indicated that the connection fee concept is used routinely by many utilities. The methodology used to calculate the connection charge is described in detail in the Lane Council of Government's (L-COG) report. While the methodology used to establish this charge is fair- ly conservative, it attempts to develop a "middle of the road" approach to rate setting. The proposed charge for 1991 is $212, substantially lower than the previous $400 estimate. Mr. Smith said that all new users will be affected by this charge. Credits will be given in some instances in order to recognize any past contribution made by new users to funding of the regional facility. MINUTES--Eugene City Council January 14, 1991 Page 8 - e e Mr. Smith said that several minor wording modifications are needed in the ordinance to respond to issues raised by Ballot Measure 5 and its impacts on Systems Development Charges (SDC). This ordinance must be passed with an emergency clause so that the FEC can be included in March sewer assessments. Responding to a question from Mr. Nicholson, Mr. Smith said that the charge to users could not be levied until recently because the final costs of the treatment facility were uncertain. Most property owners have been making contributions through their property tax payments. In response to a question from Mr. MacDonald, Mr. Smith explained that the fact that Salem has a significant capital program funded by user's fees and services demonstrates why Salem's comparable FEC fee can be substantially lower. Mr. Boles pointed out that the $212 equalization fee would be amenable to the same offsets, delayed payments, and deferrals as the other charges associated with River Road/Santa Clara sewer installation. Mayor Miller opened the public hearing. Wanda Simmons, 1183 Skipper Avenue, testified on this issue. She asked whether property owners who have already connected to sewers would be re- quired to pay the equalization fee. She also asked whether the fee is being classified as an SDC and whether all new construction would be required to pay. Jessie Waldstein, 1270 E 22nd Avenue, testified against the proposed fee. She indicated that she owns a parcel of property that has not been served by the MWMC for the past ten years, and said it is unfair that she be charged a fee for which she has received no services. As a resident of the River Road area, she also testified that it is unfair that she was not permitted to vote on the bond issue. Jerry Halsey, PO Box 7341, spoke in opposition to the proposed charge, noting its negative impacts upon new construction and the ability to provide afford- able housing. He questioned whether increasing fees is the City's way to cover loses associated with Ballot Measure 5. Tom Heintz, 1038 Jayne Street, testified that the proposed fee is both unfair and illegal, indicating that it violates Amendment 5 and Amendment 14 of the U.S. Constitution. Marie Gray, 353 Knoop Lane, testified against the proposed fee. She distrib- uted copies of information from a previous MWMC meeting indicating that an election would be held before unincorporated areas would be required to join the taxing district. She noted that no such election has been held, and said that this oversight should be corrected. Bernadette Bourassa, 541 Knoop Lane, testified against the ordinance. She noted that she was recently involved in a lawsuit against the City over the MINUTES--Eugene City Council January 14, 1991 Page 9 e e e required sewering of residents in River Road/Santa Clara, and said that some attempts toward cooperation should be made between the two parties rather than trying to force residents to comply with mandatory sewer hook-ups. Vora Heintz, 1038 Jayne Drive, indicated that this fee, which has been pro- posed for several years, is illegal and unfair because it provides neither services nor benefits to residents in the River Road/Santa Clara area. There being no additional requests to speak, the public hearing was closed. In response to questions raised during public testimony, Mr. Smith said that there will be no retroactive charge to individuals who have already connected to sewers. He explained that the equalization fee is classified as an SDC; the City of Eugene is allowed to collect the sanitary sewer portion of the the SDC as a result of ORS Section 223. Mr. Smith indicated that all property owners connecting to sewers will be required to pay this fee. Reiterating a point made earlier, he said that some credits may be given, depending upon the length of time a parcel of property has been in the Lane County service district. In response to questions regarding the bond election, Mr. Smith said that the decision to exclude the River Road/Santa Clara residents from that bond elec- tion was made by the Lane County Board of Commissioners. Regarding the issue raised by Mr. Halsey regarding the impact of this charge on the ability to construct affordable housing, Mr. Smith pointed out the Eugene Code currently provides and will continue to provide exemptions from SDCs for low-income housing. Responding to questions from Mr. Nicholson, Mr. Smith estimated that approxi- mately seven percent of the individuals who have connected to sewers will not be required to pay the equalization fee. He also explained that while the main portion of the sewer treatment plant became operational in 1985, the sludge disposal facility has not yet received performance certification. The life expectancy of the entire facility is approximately 50 years. CB 4277--An ordinance concerning development charges; amending Sections 7.275, 7.277, 7.279, 7.281, 7.283, and 7.285 of the Eugene Code, 1971. Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Mr. Rutan moved, seconded by Mr. Boles, to reconsider the motion. Roll call vote; the motion carried unanimously, 7:0. MINUTES--Eugene City Council January 14, 1991 Page 10 e Mr. Boles moved, seconded by Mr. Rutan, to amend the motion, adding an emergency clause to Council Bill 4277. Roll call vote; the amendment carried unanimously, 7:0. Mr. Rutan moved, seconded by Mr. Boles, that the bill, as amended, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 7:0. Council Bill 4277, as amended, was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. Mr. Nicholson commented on the difficult nature of this issue, indicating that he believes that the residents of the River Road/Santa Clara area were treated unfairly on the issue of sewer installation. He acknowledged, howev- er, that those who are responsible for creating demands on infrastructure should help pay for it and because of this he would be voting in favor of the motion. Roll call vote; with all councilors present voting aye, the bill was declared passed (and became Ordinance 19745). e VII. BALLOTING TO DETERMINE INTERVIEWEES FOR OPENING ON THE BUDGET COMMITTEE Mr. Green moved, seconded by Mr. Boles, to nominate Alan Zelenka, to the Budget Committee. Mr. MacDonald said that while he was not present during the council's inter- view of Mr. Zelenka for this position, he has high regard for Mr. Zelenka's abilities and would recommend his appointment to the Budget Committee. Roll call vote; the motion carried unanimously, 7:0. II. CONSENT CALENDAR A. Approval of City Council Minutes of October 29, 1990, Meeting Mr. Green indicated a minor correction to the October 29, 1990, council meet- ing minutes. He said that although listed as absent, he was present at that meeting. Mr. Boles moved, seconded by Mr. Green, to approve the October 29, 1990, City Council minutes. Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council January 14, 1991 Page 11 4It The meeting adjourned at 9:35 p.m. Respectfully submitted, r T ~~-r1 M;cheal Gleason City Manager (Recorded by Traci Northman) mncc 011490-730 e ~ MINUTES--Eugene City Council January 14, 1991 Page 12