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HomeMy WebLinkAboutCC Minutes - 03/11/02 Meeting MINUTES Eugene City Council Regular Session City Council Chamber-City Ha11-777 Pearl Street March 11, 2002 8p.m. COUNCILORS PRESENT: Bonny Bettman, David Kelly, Scott Meisner, Gary Rayor, Gary PapS. COUNCILORS ABSENT: Pat Farr, Nancy Nathanson, Betty Taylor. Mayor James D. Torrey called the regular session of the City Council to order at 8 p.m. I.PUBLIC FORUM Roxie Cuellar spoke representing the HomeBuilder's Association. She raised concern that the Natural Resource Study was being seriously underfunded. She said that projects that could be eliminated from the study were not, and opined that this was keeping costs high. As an example she cited Taney Waterway which scored 17 out of a possible 96 and had not been eliminated from the study. She also urged the council to allow more public involvement in the process. Debby Jefferies, 3800 North Delta Highway, requested that Item D be pulled from the Consent Calendar until the Metropolitan Planning Committee had a chance to deliberate on the question. She said the current methodology created a potential for litigation. Terry Connolly, 1401 Willamette Street, spoke representing the Eugene Chamber of Commerce. He said the chamber was against Resolution 4711 (listed as Consent Calendar Item E), because it perpetuated an inappropriate method of funding the Toxics Right-to-Know Program. He suggested that the City should fund the program out of the General Fund instead of funding it in a manner that, he opined, was deeply resented by the participating businesses. Clyde Carson, 618 D Street, Springfield, said there was a pervasive perception that the Eugene government was anti-business. He urged taking decisive action to prove that this was not the case. He stressed that decisions by the council that increased the costs of doing business could not be passed on to the customer. He said the public should be paying for the Toxics Right-to- Know program since the program was providing a benefit to the public. Dave Hauser, 1401 Willamette Street, spoke representing the Eugene Chamber of Commerce. He urged the council not to appeal the Land Use Board of Appeals decision to remand the recently passed Land Use Code Update back to the City. He said a better solution would be to produce a land use code that worked and to spend money on that rather than on costly litigation. MINUTES--Eugene City Council March 11, 2002 Page 1 Regular Session Tom Slocum, 1950 Graham Drive, cited the record of losses for the City on land use litigation. He said there were problems with City legal staff and the Planning Division and urged the council to do something about it. Michael Roberts, 1919 Meyers Road, urged the council to spend the City's money on fixing the land use code and not on an appeal of the Land Use Board of Appeals' decision. He stressed the importance of a land use code that could be used. Mary O'Brien, 3525 Gilham Road, spoke regarding the Natural Resources Study. She said the proposed change to Criterion 4 would mean that single-acre natural resources sites would have a hard time reaching significance. She said the proposed changes to criteria 5 and 6 were unnecessary because Criterion 8 already addressed the issue of whether a site served as wildlife habitat. She opined that no changes were needed to the criteria because none of the proposed changes would affect the current Goal 5 sites. She urged the council to keep the original criteria unless it consulted with Eugene citizens. Bob O'Brien, 3525 Gilham Road, urged the council to allow citizen input if changes were going to be made to the Natural Resources Study. He said the proposed changes were too significant to not involve the public. Jim Hale, 1715 Linnea Avenue, raised concern over moving Fire Engine 9 to Santa Clara and not replacing the engine at the Valley River Station. He urged the council to find a way to fully fund all stations and provide fire service to all parts of the city equally. Kevin Matthews, 31728 Owl Road, stressed the importance of quality of life in Eugene. Regarding the Toxics Right-to-Know Program, Mr. Matthews said that it required businesses in the community to be more responsible. Regarding the Natural Resources Study, Mr. Matthews urged the council to keep the original criteria and not allow any changes or to allow more public input before making the proposed changes. Councilor Bettman stressed that Eugene voters strongly endorsed the Toxics Right-to-Know Program. Regarding the perception that the City Council was anti-business, Councilor Bettman said the council had more issues to take into account than just the cost of doing business. She said the council considered the impacts to businesses in its decisions and added that, looking at the leadership of the Chamber of Commerce and the leadership of the HomeBuilders Association, an argument could be made that they were anti-City. Councilor Rayor said he appreciated the Chamber of Commerce testimony on the recent Land Use Board of Appeals decision regarding the Land Use Code Update. Councilor Kelly said that the City was only spending money on attorneys because the Chamber of Commerce and the HomeBuilders Association had decided to litigate. He expressed his regret that there could not have been more of a cooperative effort between those groups and City staff. Councilor Meisner thanked those who testified. MINUTES--Eugene City Council March 11, 2002 Page 2 Regular Session Regarding how to pay for the Toxics Right-to-Know Program, Councilor Meisner noted that the City was having to cut every program paid for by the General Fund. He said the fee structure was valid but added that he did not understand why the program cost so much. Councilor Pap8 said the Chamber of Commerce and the HomeBuilders Association represented a broad spectrum of businesses and individuals in the community and expressed his pleasure that they had taken it upon themselves to make sure the land use code complied with State law. He added his hope that staff would make the changes needed to the code and not try to continue the legal battle. Councilor Kelly requested a comparison of costs between setting up a temporary station in Santa Clara and a modified proposal sent by the Santa Clara Fire Board. II.CONSENT CALENDAR A. Approval of Council Minutes January 30, 2002, Work Session February 4, 2002, Process Session February 11, 2002, Regular Session February 13, 2002, Work Session B. Approval of Tentative Working Agenda C. Approval of River Road Community Organization Charter Update D. Approval of Minor Revisions to Four Significance Criteria for the Metro Natural Resources Study E. Approval of Resolution 4711 Establishing Hazardous Substance User Fees for the Fiscal Year Commencing July 1, 2002 F. Approval of Resolution 4713 of the City of Eugene, Oregon, Authorizing General Obligation Fire Facilities Bonds G. Appointment of Voter's Pamphlet Committee Members H. Request for Metropolitan Policy Committee Review of the AT&T Cable Franchise Change of Control to Comcast I. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Chambers Nodal Development Area MINUTES--Eugene City Council March 11, 2002 Page 3 Regular Session J. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the 29th Avenue and Willamette Street Nodal Development Area K. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Churchill Nodal Development Area L. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Gilbert Nodal Development Area M. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Danebo Nodal Development Area N. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Lower River Road Nodal Development Area O. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Crescent Nodal Development Area P. Approval of Initiation of Metro Plan Amendment and Rezoning to Apply the/ND Metro Plan Diagram Designation and/ND Nodal Development Overlay Zone to the Walnut Street Nodal Development Area Councilor Kelly, seconded by Councilor PapS, moved to approve the items on the Consent Calendar. Councilor Bettman pulled Item D. Councilor Kelly pulled Item B. Councilor Pap8 pulled Item E. Councilor Kelly offered a correction to the January 30 work session minutes. On packet page 168, he suggested changing "enterprise zone exemption" to "enterprise zone philosophical basis." On the following page, Councilor Kelly said the text did not reflect the motion that he had made and noted that Kim Young of the City Manager's Office had reviewed the audio recording and corrected the motion to the following: "Mr. Kelly, seconded by Mr. PapS, moved to direct the City Manager to continue discussions with Hynix based on the direction provided by the Mayor and City Council as well as exploring Alternative 1 as proposed by Ms. Nathanson. The motion passed 5:2 with Ms. Nathanson and Ms. Bettman voting no." MINUTES--Eugene City Council March 11, 2002 Page 4 Regular Session On the same page, Councilor Kelly suggested changing "... past five years..." to "...past year.. On packet page 171, third paragraph, Councilor Kelly said the clause about assuming substantial increases from other jurisdictions should be struck. On packet page 185, the February 13 work session minutes, Councilor Kelly suggested the third paragraph be changed to read "...would keep it going long enough..." to "...would help it..." On the same page in the next to the last paragraph, he suggested changing "...dedicated to social services..." to "...dedicated to social services energy assistance..." Roll call vote; the remaining items on the Consent Calendar passed unanimously. Regarding Item B, Councilor Kelly raised two concerns over the tentative agenda. He said that: 1 .) The planned work session on animal control on May 8, did not have enough time scheduled, and 2.) suggested replacing the discussion of the Medical Services Zone on April 8, with a discussion of campaign finance reform. City Manager Jim Carlson noted that the May 8 work session was already overbooked and said he would find time at a different meeting to allow a full discussion of the topic. Mayor Torrey suggested that he and the City Manager would make the needed adjustments to the tentative agenda. Regarding Item D, Councilor Bettman said the proposed revisions to the Natural Resources Study were not minor as stated in the Consent Calendar. She suggested maintaining the criteria that the City Council originally adopted. She raised concern that the proposed revisions would preclude eligible sites at a later time. Councilor Pap~ said that action on the item would be premature since the Metropolitan Policy Committee (MPC) was discussing the issue at a meeting later in that week. City Manager Carlson suggested scheduling another work session on the item after MPC had discussed it. Mayor Torrey suggested a motion to accept Option 2 as presented in the meeting packet. Councilor Kelly noted that he was displeased with the proposed revisions. He stressed that the revisions were not minor in nature. Councilor Kelly, seconded by Councilor Pap~, moved that the council proceed with the remaining steps in the Goal 5 process using the significance criteria that the Eugene City Council had previously approved on October 22, 2001. Councilor Kelly said the option would result in the Eugene City Council and the Springfield City Council disagreeing on the significant criteria and added that all differences would need to be discussed at Metropolitan Policy Committee. MINUTES--Eugene City Council March 11, 2002 Page 5 Regular Session Councilor Bettman expressed her hope that staff would find a way to provide public notice that the criteria for the Natural Resources Study were being discussed. She stressed the importance of providing notice in a timely manner so that people could provide input. Councilor Meisner said he would support the motion. He expressed a desire to see information on how the Natural Resources Study and its recommendations for protections or acquisitions played out in cooperation with or opposition to other open space planning that was going on in the City or metropolitan area. Councilor Rayor said he would support the motion. Mayor Torrey called for information on how the rules would impact the land outside the city limits but within the urban growth boundary. Roll call vote; the motion passed unanimously. Regarding Item E, Councilor Pap~ raised concern that the Toxics Right-to-Know Program fees were almost four times the amount set as a cap by State law that would take effect in 2004. City Manager Carlson said the Toxics Board was examining the State law and working on providing an alternative fee structure. He noted that the board had not yet resolved how it was going to implement a new fee structure. Councilor Pap~ suggested other criteria to figure the fees, such as square footage of a manufacturing facility and revenues. In response to a question from Councilor Meisner regarding leftover funding from previous years, Glen Potter said the Toxics Board had money left over at the end of every fiscal year during the course of the program. Councilor Bettman said the membership of the Toxics Board was balanced and added that the funding costs had decreased from the previous year. Roll call vote; Item E passed 3:2 with Councilors Pap~ and Meisner voting in opposition. Imm. PUBLIC HEARING AND ACTION: RESOLUTION 4714 ADOPTING A SUPPLEMENTAL BUDGET; MAKING APPROPRIATIONS FOR THE CITY OF EUGENE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2002 Kitty Murdoch of the Central Services Department said one item on the supplemental budget was budgeting of contingency account disbursements that the council had previously discussed. She said the balance in the main contingency account would be approximately $67,000 and the social service agency contingency account would be fully expended. She said another major item was the sale of approximately $70 million in pension bonds that had also been previously discussed by the council. Ms. Murdoch said another item of note was recognition of $574,256 in additional General Fund reimbursable overtime expenditures in the Police Department for airport security services. MINUTES--Eugene City Council March 11, 2002 Page 6 Regular Session Ms. Murdoch said the supplemental budget reduced a planned interfund loan repayment for the loan negotiated with the Riverfront Capital Projects Fund for the purchase of the Chiquita property. She noted that the federal government would be waiting until early in the next fiscal year before paying for the land. Ms. Murdoch said the supplemental budget adds two limited duration half-time FTEs in the Outdoor Program to staff youth levy-funded programs. She also noted there was an interfund loan for acoustic improvements at the Hult Center from the Facilities Fleet Fund to the Cultural Services Subfund of the General Fund. Regarding the update of the Parks and Open Space Plan under the Capital Budget Adjustments heading, Councilor Bettman called for direction to the City Manager to return with a work program for council approval before expending the money. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for the Council President to make a motion. Councilor Kelly, seconded by Councilor Bettman, moved to direct the City Manager to bring a work program for the update of the Comprehensive Parks and Open Space plan including the proposed role of the recently authorized committee back to council before expending those funds, and to include options at various cost levels. Roll call vote; the motion passed unanimously. Councilor Kelly, seconded by Councilor Pap~, moved to approve Resolution 4714 adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 2001 and ending June 30, 2002. Roll call vote; the motion passed unanimously. Mayor Torrey adjourned the meeting of the Eugene City Council and opened a meeting of the Eugene Urban Renewal Agency. IV. PUBLIC HEARING AND ACTION: RESOLUTION 1019 ADOPTING A SUPPLEMENTAL BUDGET; MAKING APPROPRIATIONS FOR THE URBAN RENEWAL AGENCY OF THE CITY OF EUGENE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2002 Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called on the Urban Renewal Agency President to make a motion. Councilor Kelly, seconded by Councilor Pap~, moved to approve Resolution 1019, adopting a supplemental budget: making appropriations for the Urban Renewal Agency of the City of Eugene for the fiscal year beginning July 1, 2001 and ending June 30, 2002. Roll call vote; the motion passed unanimously. Mayor Torrey adjourned the meeting of the Urban Renewal Agency of the City of Eugene and reconvened the meeting of the Eugene City Council. MINUTES--Eugene City Council March 11, 2002 Page 7 Regular Session V. DISCUSSION: RESOLUTION 4715 APPROVING A WAIVER OF EMPLOYMENT REQUIREMENTS FOR A PROPERTY TAX EXEMPTION TO HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INCORPORATED FOR ITS OPERATIONS IN THE WEST EUGENE ENTERPRISE ZONE Mayor Torrey noted that Councilor Taylor had requested that action on the item be delayed until the Wednesday work session. City Manager Carlson noted that there was a substitute motion distributed to councilors. City Attorney Glenn Klein said the difference between the substitute motion and the motion in the meeting packet was that the reference to "in-lieu-of-tax payments" had been removed in the substitute motion. Councilor Rayor said the proposed resolution would make the local schools whole and would hold Hynix accountable for its employment levels for the next three years. He expressed his pleasure with the resolution. Councilor Pap~ expressed his appreciation of Hynix's good will as well as the efforts of staff in coming up with a good compromise. Councilor Bettman, referring to Section l(a), said the benefit to the public had not been proven in a reliable way as to being the most efficient expenditure of economic development dollars. Councilor Kelly said he was supportive of Hynix's continued success but stressed the importance of separating wishes for success from tax exemptions. He said it would be impossible for him to support the exemption because Hynix had cut employment by 25 percent, Hynix was asking for a tax exemption for a routine cost of doing business, and there were a number of other economic development initiatives that had no funding. VI.EXECUTIVE SESSION The item was postponed for lack of a quorum. The meeting adjourned at 9:45 p.m. Respectfully submitted, James R. Carlson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council March 11, 2002 Page 8 Regular Session