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HomeMy WebLinkAboutCC Minutes - 12/09/02 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene City Hall December 9, 2002 7:30 p.m. COUNCILORS PRESENT: Betty Taylor, Scott Meisner, David Kelly, Nancy Nathanson, Gary Rayor, Gary Pap& Bonny Bettman, Par Farr. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. 1. CEREMONIAL MATTERS Mayor Torrey proclaimed Tuesday December 10, 2002, to be International Human Rights Day and a Day of Acknowledgement in the City of Eugene. He called upon the residents of the community to observe the day by embracing the diversity that all residents strive for and celebrate in our lives. II. PUBLIC FORUM Sara Rich thanked the council for its hard work in the community addressing human rights concerns. She noted that there had been items of controversy in the past but said that the Human Rights Commission respected the work and decisions of the council. Chris Steigler, 520 Van Buren Street, spoke in opposition to the transportation fee proposed by the City. He noted that he bicycled everywhere and did not drive and indicated that trucks did more damage than cars. He suggested a fuel tax that would charge users of the road. E.W. Walton spoke in opposition to traffic calming devices proposed for Polk Street. He urged the council to take the money for the proposed traffic calming devices and use it for basic street repair, which was a higher priority. John Brown submitted photos of the banks along the Willamette River. He noted that there had been excessive damage and pollution to the riparian area of the river due to homeless camping. He urged the council to help address the problem. George Boehnke, 2040 Willamette Street, spoke against the proposed fee for street repairs. He said the fee was unneeded. He raised concern over the existence of the Urban Renewal Agency and said the agency should be abolished and its funding used for street repair. MINUTES--Eugene City Council December 9, 2002 Page 1 Regular Meeting Mark Peeters raised concern over the proposed transportation maintenance fee. He said people from west Lane County driving into the City would not have to pay the fee. Mr. Peeters suggested taxes for Christmas decorations, the Homebuilders Association, and toll roads for people passing through the area. He suggested a fuel tax would be more equitable. Robert Richards, Timberline Drive, urged the council to deal with local issues. He commented that the greatest issue for the area was the lack of funding for social services. He observed that the funding for an addition to Autzen Stadium was easily obtained but no one wanted to address funding for social services. Tom Slocum, 1950 Graham Drive, urged the council to not pass a transportation tax and concentrate on a fuel tax. Nick Urhausen, 2858 Warren Street, urged the council to pay more attention to the PERS deficit issue. He said PERS was bleeding all City budgets. Regarding Measure 20-67, Mr. Urhausen expressed his concern that the constitutional rights of citizens had been violated. Mayor Torrey called on councilors for comments. Councilor Rayor said he was convinced that the transportation fee ordinance would directly address the problem of repairing streets was indicated that he was one of two councilors who voted against Measure 20- 67. He noted that the measure had passed in three wards and failed in the rest. He said the City had helped out a school board that was too weak to go to the State legislature and demand adequate funding. He said PERS was causing the budget problems in the schools. Councilor Meisner said he was very aware of the problems along the shores of the river. He said the City had done a good job of maintenance within its city limits. Councilor Meisner reiterated Mr. Urhausen's concern over the constitutionality of Measure 20-67. Councilor Meisner noted that action had already been taken on the PERS issue and noted that it was a legislative priority for the council in the upcoming year. Councilor Pap~ thanked Ms. Rich for her comments. He said that he enjoyed his tenure on the Human Rights Commission and expressed his belief that all of the councilors should experience the council liaison position. Councilor Bettman thanked those who testified. She encouraged Mr. Richards to apply for the open position on the Budget Committee. She believed that Ballot Measure 20-67 was constitutional. Councilor Nathanson expressed her appreciation for the fact Councilor Meisner had clarified that the council had already taken action on the PERS issue. Addressing Mr. Richards, Councilor Nathanson said the council tried several times, locally and at the State level, to enact legislation to fund social services supported by Eugene's citizens, and that those actions had MINUTES--Eugene City Council December 9, 2002 Page 2 Regular Meeting been reversed by the State Legislature. She raised concern that local control was diminishing at the State and federal level. She cited the City's video poker tax, preempted by the State legislature, as an example. Councilor Kelly pointed out that the transportation maintenance fee would also maintain off-street bike paths. He said a politically feasible gas tax would not address the street maintenance problem by itself, but would help if it was added to a transportation maintenance fee. Speaking of human services funding to Mr. Richards, Councilor Kelly said the current situation was a tragedy about to become a catastrophe. He urged Mr. Richards to apply for the open spot on the Budget Committee and, failing that, to review the draft budget document very carefully and testify at future Budget Committee meetings. Councilor Taylor commented that not enough alternatives had been investigated regarding a maintenance fee, adding that nonresidents used the City's roads and should help support road maintenance. Councilor Taylor raised concern over placing the fee on utility bills when so many citizens were having trouble covering the costs of utilities already. She added that those who refused or could not pay the transportation maintenance fee added to the utility bill would have their water or power cut off. Councilor Taylor raised concern over the 10 p.m. ending time of meetings and the limitation of the time on the public forum. She opined that this diminished democracy in the City. iii. CONSENT CALENDAR A. Approval of Council Minutes: October 28, 2002, Work Session October 30, 2002, Work Session November 12, 2002, Work Session B. Approval of Tentative Working Agenda C. Approval of Neighborhood Matching Grants Fall 2002 projects D. Approval of Funding for Home Buyer Assistance Program E. Approval of Community Development Block Grant/HOME Investment Partnerships Program For Rental Housing Projects F. Approval of Special Whiteaker Neighborhood Project G. Approval of Resolution 4744 Regarding the Day of Acknowledgment H. Exemption from Competitive Bidding for the Arrangements for Use, Operation, Maintenance or Disposition of Personal Property Councilor Kelly, seconded by Councilor Pap~, moved to approve the items on the Consent Calendar. Councilors Kelly, Bettman, and Taylor noted that they had submitted minutes corrections. Councilor Taylor recollected that on October 28, she had voted against holding the meeting of the Council Committee on MINUTES--Eugene City Council December 9, 2002 Page 3 Regular Meeting Homelessness and Youth because she had suggested that there should be a work session of the entire council on the homeless situation. Councilor Meisner pulled Item C. Roll call vote; the remaining items on the Consent Calendar passed unanimously, 8:0. Regarding Item C, Councilor Meisner said he could not support the item until he had received more information. He noted that this would not preclude him from voting for it when he received the data he was looking for. Councilor Meisner, seconded by Councilor Pap6, moved to amend Item C by deleting the Sladden Park Seasonal Shelter from the list. Councilor Bettman commented that the total expenditure of the item being deleted was $700 and noted that the project had gone through department advisory committee review. Beth Bridges of the Planning and Development Department noted that a request for neighborhood matching grant did not have to come from a neighborhood association, but an application did have to show support from the immediate geographic area. Councilor Meisner said he had not found support for the neighborhood park project. He had encountered suspicion and opposition to the plan. Councilor Nathanson suggested that addresses and maps be included in proposal packets for park improvements so councilors and citizens would have a better idea of what/where park improvements were occurring. Councilor Bettman said she would support the staff recommendation. She said the applicants for the grant had gone through the application process and had been approved by the department advisory committee. In response to a question from Councilor Kelly regarding how many households had supported the park improvement in the issued survey, Ms. Bridges said she did not have that data with her at the time. She noted, however, that the department advisory committee rated its recommendations in part on the basis of local support for the proposed improvements. Roll call vote; the amendment passed, 5:3; councilors Kelly, Bettman, and Taylor voting in opposition. Roll call vote; the main motion passed unanimously, 8:0. MINUTES--Eugene City Council December 9, 2002 Page 4 Regular Meeting IV. PUBLIC HEARING AND ACTION: Resolution 4745 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2002 and Ending June 30, 2003 Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the hearing and called for questions/comments from the council. In response to a question from Councilor Rayor regarding grants that were not listed in the spreadsheets for the supplemental budget, City Manager pro tem Jim Carlson confirmed the funds were earmarked for wetlands acquisition. Councilor Bettman said the supplemental budget did not clearly call out the different categories of expenditures. She noted that there was a $60,000 expenditure for training in the Permit and Information Center (PIC) for certification of inspectors, which would mean the PIC would increase its budget for the year. She noted that she believed there had been a commitment to not add any new services and stressed that this allocation was made outside of any other kind of prioritization process and therefore she would oppose the entire supplemental budget. In response to a question from Councilor Pap6 regarding funds allocated to the Santa Clara Fire Station land purchase, City Manager Carlson said there had been a motion made to only allocate $400,000 from the River Road/Santa Clara Residual Assessment Fund and the remainder was to come from the Facility Reserve Fund. He said this allowed the retention of $155,000 to start implementing the construction of River Road/Santa Clara Fire Station. In response to a question from Councilor Kelly regarding the allocation to the PIC, Mr. Coyle said a management decision was made to cross-train staff to inspect electrical work in addition to its other inspections. He noted that such a certification was needed to perform certain inspections in the State of Oregon. He said cross-training would allow for flexibility of resources and allow employees to make on-site decisions, thereby creating efficiencies in job site inspections. In response to a question from Councilor Kelly regarding whether any of the funding could be used to restore the reception desk at the PIC to full-time, Mr. Coyle said if the council desired to assume that management prerogative, it could do so. He said the staff proposal was a more effective way to use the funds. Councilor Kelly asked staff to prepare an amendment to use a portion of the money being allocated for cross- training to be used to restore the reception position at the PIC. Councilor Bettman noted the complexity of the supplemental budget and expressed her frustration with trying to understand where new services are being added with this particular format. She encouraged staff to come with a document summary that could be more readily understood by the council. In response to a question from Councilor Kelly regarding a $300,000 one-time transfer for vehicle maintenance, City Manager Carlson said it was going to be used instead of the fee increase for the FY04 budget because executive managers were uncomfortable with the current increase and wanted to take the time to analyze the fleet system before implementing higher fees. He said using one-time funding would allow time for a comprehensive resolution to the problem. MINUTES--Eugene City Council December 9, 2002 Page 5 Regular Meeting In response to a question from Councilor Kelly regarding whether the planned fee increase was enough to cover predicted budget shortfalls for the year, Kitty Murdoch of the Central Services Department said the problem was not in the fiscal year. She said that preliminary projections showed a need for a substantial fee increase for fleet services in FY04 that would be difficult to absorb. She said one-time funding would allow time to develop a more comprehensive recommendation for the fleet. City Manager Carlson added that the issue was that the City had financial policies requiring staff to have some reserves/balance available, usually two months of operating reserves, in each of the funds. He said that this particular fund was not expected to have such a reserve by the end of this fiscal year. Councilor Kelly, seconded by Councilor Pap6, moved to approve Resolution 4745 adopting a supplemental budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 2002, and ending June 30, 2003. Councilor Kelly, seconded by Councilor Pap6, moved to amend the Resolution for FY03 Supplemental Budget # 1, due to duplicate budgeting for the fire station land purchase at Santa Clara. In the General and Road Capital Projects Fund, reduce the appropriation for building and land maintenance by $155,000, and secondly, in the Facility and Fleet Services Fund, reduce the transfer to the General and Road Capital Projects Fund by $155,000 and increase the Facility Reserve by $155,000. Roll call vote; the amendment passed unanimously. Councilor Kelly, seconded by Councilor Pap6, moved to amend the Resolution for FY03 Supplemental Budget # 1 (Exhibit A) to move the Sustainable Economic Development funding from contingency to marginal beginning working capital by: · In the General Fund, increase the general contingency account by $50,000 and decrease the transfer to the Facilities and Fleet Fund by $50,000 · In the Facility and Fleet Services Fund, reduce the facility reserve by $50,000. In response to a question from Councilor Meisner regarding, City Manager Carlson said staff did not have a problem with the amendment. Councilor Fart raised concern over micromanaging what should be a staff management decision and would thus vote in opposition to the motion. Roll call vote; the amendment passed, 7:1; Councilor Fart voting in opposition. Councilor Kelly, seconded by Councilor Bettman, moved to amend the resolution by directing the City Manager to allocate part of the $60,000 for inspector training to reinstate full-time reception in the PIC. Councilor Fart said he would vote against the amendment and reiterated his concern over micromanaging what should be staff/management decisions. MINUTES--Eugene City Council December 9, 2002 Page Regular Meeting Mr. Coyle said the budget discussions relative to supplementing the Construction Permit (151) Fund were focused on the issue of public information. He said the $60,000 being discussed was working capital being generated out of the fees of the 151 fund. Further, the amendment would turn the whole plan upside down and take funds generated by fees and turn them into support for a public function. He stressed his understanding of the customer frustration regarding the information desk at the PIC being open only part of the day, but also emphasized that both himself and Building & Permit Services Division Manager Marsha Miller felt that using the funding for cross-training was the most effective use of those dollars. Councilor Bettman said she would support the amendment. Councilor Papd said he was in favor of having full time staff at the information desk. In response to a question from Councilor Papd regarding if the amendment were done on a one-time basis and whether the next budget could be rewritten to reflect the council's desire to augment\sustain the public information desk position. Mr. Coyle said the answer was two-fold. He said a decision needed to be made about the level of financing public information as it related to the PIC and in the long-term context of the goal of making the inspection function one that was self-supporting. He said that cross-training would be necessary to achieve that goal. He said management had very little discretion in that choice. He stressed the need to get city inspectors trained in as many different fields as possible. He said the costs that were hurting his department were travel times between inspections and reiterated that cross-training would make that process more efficient. Councilor Nathanson raised concern that cross-training would spread employees too thin and would, ultimately, reduce efficiency. In response to a question from Councilor Meisner regarding additional cross-training in the future, Mr. Coyle said there would be an ongoing training process. In response to a question from Councilor Meisner regarding how cross-training would affect increases in wages, Mr. Coyle said there would be incremental increases in wages. In response to a question from Councilor Meisner regarding whether fees were distinguished between lesser and more complicated inspections, Mr. Coyle said the fee was based on the value of improvement to the home/facility. He added that if an inspection was being done on a unique facility such as Antzen Stadium or the new library, then the inspection would be much more intensive. Councilor Rayor noted that the general public desired to have the desk opened for additional hours. City Manager Carlson noted that Councilor Kelly's amendment did not amend the resolution but directed how the appropriated money would be spent. He agreed with Mr. Coyle regarding using fees paid by customers for public information. Councilor Bettman commented that the time to debate the merits of a new service was through the budget process. MINUTES--Eugene City Council December 9, 2002 Page 7 Regular Meeting In response to a question from Councilor Taylor regarding what the results would be if the vote on Supplemental Budget # 1 were delayed until more clear and concise information was available, Ms. Murdoch said if the council wanted to be able to compare the December 31 budget from year to year, then the council needed to take action at that time. Mayor Torrey noted there would be no time to address the matter at the Wednesday work session so the matter would have to wait until the middle of January 2003. Roll call vote; the amendment vote resulted in a 4:4 tie; councilors Kelly, Bettman, Taylor, and Rayor voting yes, and councilors Nathanson, Meisner, Fart, and Pap6 voting no. Mayor Torrey cast a vote in opposition to the amendment and the amendment failed on a final vote of 5:4. Roll call vote; the main motion as amended passed, 6:2; councilors Bettman and Taylor voting in opposition. Mayor Torrey adjourned the meeting of the Eugene City Council and called a meeting of the Eugene Urban Renewal Agency to order. V. PUBLIC HEARINGAND ACTION: Resolution 1022 Adopting a Supplemental Budget; Making Appropriations for the Urban Renewal Agency of the City of Eugene for the Fiscal Year beginning July 1, 2002 and ending June 30, 2003 Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for councilor comments/questions. Mr. Kelly, seconded by Mr. Pap6, moved to approve Resolution 1022 adopting a supplemental budget; making appropriations for the Urban Renewal Agency of Eugene for the fiscal year beginning July 1, 2002 and ending June 30, 2003. In response to a question from Ms. Bettman regarding the nondepartmental appropriation of $300,000 marked for federal court house site additional costs and the Auto Craft acquisition and relocation costs of $564,532, Mike Penwell said the $300,000 was a combination of attorney expenses and the Auto Craft expenses were intended to wrap up any residual business attendant to the Ruth property on Franklin Boulevard. Roll call vote; the motion passed unanimously, 8:0 Mayor Torrey adjourned the meeting of the Eugene Urban Renewal Agency and reconvened the meeting of the Eugene City Council. VI. PUBLIC HEARINGAND POSSIBLE ACTION: An Ordinance Repealing Sections 2.040, 2.050, 2.045, 2.055, 2.060, and 2.065 of the Eugene Code, 1971, Concerning Ballot Measure 7 Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for council comments/questions. MINUTES--Eugene City Council December 9, 2002 Page 8 Regular Meeting Councilor Kelly, seconded by Councilor Pap6, moved that the City Council adopt Council Bill 4811, an ordinance repealing a Measure 7 implementation ordinance. Roll call vote; the motion passed unanimously, 8:0. VII. ACTION: An Ordinance Concerning Transportation System Maintenance Fees and Adding Sections 7.750 through 7.795 to the Eugene Code, 1971 Mayor Torrey said the proposed ordinance was back before the council after an earlier motion to reconsider. The motion before the council was to adopt the ordinance. He said now was the time to debate the proposed ordinance, consider any amendments to it, and then take a final vote. He noted that the motion was already on the table. In response to a question from Councilor Rayor regarding the definition of"fee" and "tax" and the legal objection to the proposed fee, City Attorney Glenn Klein said he had sent an e-mail to the council saying that he disagreed with the legal objections to the fee. In response to a question from Councilor Pap6 regarding the possibility of the council's decision being overturned in the State Legislature, Mr. Klein said that the legislature could overturn the council decision. He cited the overturning of the video poker ordinance as a precedent. He said the reason to try to enact the ordinance at the current time was because according to League of Oregon Cities staff, preemptions usually were back dated to the beginning of the legislative session. He said if the ordinance were enacted prior to the legislative session, then it would be less likely to be preempted. In response to a question from Councilor Pap~ regarding the possibility of Eugene's fee being more than what the City of Springfield had proposed, City Manager Carlson said the general concept of the two fees were in aligmnent. He said Eugene would propose an identical gas tax to the Springfield gas tax. In response to a question from Councilor Taylor regarding what would happen if someone refused to pay the fee, City Manager Carlson said he did not know which bill agent would be used. Mr. Klein added that there was nothing in the ordinance to allow the City to shut off a residence's water if the fee were not paid. In response to a question from Councilor Taylor regarding whether there was consideration of a vehicle registration tax by Lane County, City Manager Carlson said the commissioners had discussed the matter and declined to move ahead with countywide solutions. Councilor Nathanson raised concern that the City of Eugene was receiving less than half of what it had received from the County five years ago in Road Fund moneys. She stressed the importance of fixing the City's road problems before they increased. In response to a question from Councilor Nathanson regarding a cap on funding, City Manager Carlson said the matter would be settled during the budget process. Councilor Fart distributed a survey showing that the economy was the top concern of Oregonians. He raised concern that too many fees and taxes would keep businesses out of the City of Eugene. He stressed that the City was losing businesses. He said the funding mechanism of a transportation maintenance fee was not appropriate for the City at the current time. MINUTES--Eugene City Council December 9, 2002 Page 9 Regular Meeting Councilor Kelly agreed that the fee was not the ideal funding mechanism. He also agreed that the fee should be paired with a gas tax. He said it was in the interest of the City to minimize the level of taxes being levied but noted that it was also in the interest of the City to provide adequate roads to its citizens. He said he had not heard any fiscally conservative alternatives mentioned. Councilor Bettman said the decisions regarding funding/maintaining/preserving existing transportation infrastructure were being made further and further from the council. She raised concern over passively accepting the existing system and noted that new infrastructure added to the burden of maintaining and preserving on top of the rapidly growing backlog of maintenance. Councilor Bettman said maintaining and preserving existing transportation infrastructure should be the highest priority for any transportation funding allocated from the State or the County. Mayor Torrey said the only motion he would support was an ordinance that paid for operations and maintenance of the road bed and bike paths only. Mayor Torrey said there was no money from the federal government for maintaining transportation infrastructure. He noted that the State talked about allocating funding but never implemented any funding programs. He went on to say that if the State government ever did get around to allocating funding for maintenance and preservation, then the council could take action to reduce the amount of funds being asked for from the citizens. He said he was prepared to ask for a sunset date on the ordinance if it became unnecessary for funding in the future. Mayor Torrey said he was convinced that there was no alternative other than the proposed ordinance for fixing the roads in the City. He said he would support an alternative if one became available but would support the ordinance being discussed until an alternative presented itself on the condition that its funding be used for maintenance and preservation only. Councilor Rayor, seconded by Councilor Kelly, moved to amend the motion by modifying 7.750 and 7.760 of the Eugene code, 1971 as follows: 7.750 Transportation System Maintenance Fee Establishment; 1. Except as otherwise provided in sections 7.755 to 7.790 of this code, each person responsible, as defined in Section 7.755 of this code, shall pay a transportation system maintenance fee to the City in an amount to be determined by sections 7.765and 7.770 of this code. 2. The purpose of the Transportation System Maintenance Fee is to provide stable and adequate funding to: a. Operate, maintain, preserve, and improve elements of the City's transportation system; and b. Reduce the backlog of needed street repairs as measured by the City's annual pavement condition survey. Transportation System Maintenance Fee revenue shall be used, to the greatest practical extent, to preserve and maintain the existing street and bikeway system in the most cost-effective manner. MINUTES--Eugene City Council December 9, 2002 Page 10 Regular Meeting 7.760 Transportation System Maintenance Fee - Revenue 1. All TSM fees collected by the City shall be used only for the purposes described in subsection (2) of Section 7.750 of this code and related administrative costs, but shall not be used for capacity enhancing street improvements. 2. The City Manager shall make an annual report to the City Council and Budget Committee of TSM fee revenues and the expenditure of the revenues during the preceding fiscal year. Councilor Nathanson said the council action taken could be significant to facilitating more cooperation with other cities in the region. She raised concern over appearing to approve pre-set rates and said she would not support them. In response to a question from Councilor Bettman regarding contracting out the road preservation work, City Manager Carlson said there was nothing in the amendment that explicitly required contracting out for projects but noted that the intent of doing projects in the most cost-effective manner meant contracting out most of the City's preservation and overlay work. Councilor Meisner said he would support the amendment. Councilor Papd said he would support the amendment. Roll call vote; the amendment passed unanimously, 8:0. Councilor Fart seconded by Councilor Kelly, moved to amend the motion to add a three-year sunset clause to the ordinance. Roll call vote; the amendment passed unanimously, 8:0. Councilor Kelly, seconded by Councilor Pap6, moved to amend the caption and add new sections 3 and 4 to the proposed Transportation System Maintenance Fee ordinance as follows: "AN ORDINANCE CONCERNING TRANSPORTATION SYSTEM MAINTENANCE FEES AND ADDING SECTIONS 7.750 THROUGH 7.795 TO THE EUGENE CODE, 1971, AND PROVIDING AN IMMEDIATE EFFECTIVE DATE" Roll call vote; the motion passed, 5:3; councilors Taylor, Bettman, and Fart voting in opposition. Councilor Bettman, seconded by Councilor Fart, moved to amend the title of the ordinance to read: "An ordinance concerning transportation system maintenance fees and adding Section 7.750 through 7.795 to the Eugene Code, 1971; and providing an immediate effective date," and adding a new Section 5 to read; "Section 5, not MINUTES--Eugene City Council December 9, 2002 Page 11 Regular Meeting withstanding the effective date of ordinances provided in the Eugene Charter of 1976, this ordinance shall not become effective until it is approved by the electors of the City. If this ordinance is not approved by June 30, 2003, it is automatically repealed on that date." Councilor Bettman said the fee was really a formidable tax without a ceiling. She said it was appropriate for voters to choose what their priorities were regarding transportation system maintenance. Mayor Torrey noted that the allotted time for the meeting had passed and called for a motion from the council to extend the meeting time. Councilor Kelly, seconded by Councilor Pap6, moved to extend the meeting time by 20 minutes. Roll call vote; the motion passed, 5:3; councilors Papd, Meisner, and Fart voting in opposition. Councilor Nathanson noted that Oregon had the lowest cost of automobile-related taxes of all comparable states. She said it was not precipitous to put a fee on maintenance that was less than other states. Councilor Bettman said a local gas tax dedicated to maintenance and preservation would be a better way to fund those costs. The amendment failed, 5:3; councilors Fart, Taylor, and Bettman voting in favor. Councilor Kelly, seconded by Councilor Bettman, moved to amend the ordinance to add a new subsection (d) to Section 7.755 of the ordinance which stated: "Traffic calming devices on existing local streets, sidewalk access ramps on existing local streets, street lighting fixtures on existing local streets, and the stocking and planting of street trees on existing local streets." Councilor Kelly stressed that no rates had been decided to that point. Councilor Pap~ offered a friendly amendment to the amendment, which was not accepted the seconder, to limit the yearly fee total to two percent of the total needed funds. Councilor Pap6, seconded by Councilor Kelly, moved to amend the amendment by limiting the yearly fee total to two percent of the total needed funds. Mayor Torrey said if there was a tie he would not vote for the motion if the amendment to the amendment passed. Roll call vote; the amendment to the amendment passed unanimously, 8:0. Councilor Fart stressed that every penny raised by the ordinance had to go toward maintenance of the City's roads. He said using the funding for anything else would be a misuse of the taxpayer's money. In response to a question from Councilor Pap~ regarding the possible loss of County Road Funds, City Manager Carlson County Road Funds could be used as the match for federal dollars or could be used directly MINUTES--Eugene City Council December 9, 2002 Page 12 Regular Meeting to fund any of the projects being discussed. He noted that County Road Fund money was what was currently being used for operations. Councilor Bettman noted that the capital improvement budget had no funding for traffic calming. She said there were many requests for traffic calming devices. She stressed that the traffic calming was a public safety strategy. Roll call vote; the amended amendment passed, 6:2; councilors Fart and Rayor voting in opposition. Mr. Klein clarified that the sunset amendment moved by Councilor Fart would cease fees 36 months after the fee was imposed. Councilor Taylor called for language guaranteeing that water and electricity would not be shut off if people did not pay the fee. Councilor Taylor, seconded by Councilor Fart, moved to amend the motion by changing Section 7.780 to note that electric and water service, in no event, shall be discontinued for nonpayment of the fee. Roll call vote; the motion passed, 7:1; Councilor Rayor voting in opposition. Roll call vote; the main motion passed, 5:3; councilors Fart, Bettman and Taylor voting in opposition. Respectfully submitted, James R. Carlson City Manager pro tem (Recorded by Joe Sams) C: I User Icc021209m2. wpd MINUTES--Eugene City Council December 9, 2002 Page 13 Regular Meeting