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HomeMy WebLinkAboutCC Minutes - 01/24/00 Meeting MINUTES Eugene City Council Council Chamber--City Hall January 24, 2000 7:30 p.m. COUNCILORS PRESENT: Jim Torrey, Scott Meisner, Nancy Nathanson, Pat Fart Bobby Lee, Gary Rayor, Betty Taylor, David Kelly, Gary Pap~. Mayor Torrey called the meeting of the Eugene City Council to order. I. PUBLIC FORUM Nick Urhausen, 2858 Warren Street, spoke against the removal of the Christmas tree from the Hult Center during the holiday season. He commented that the Christmas tree was not a Christian symbol and that removing it constituted cultural cleansing in the city. He concluded by asking the council who made the decisions in a democracy. Steve Mueller, 65 Lund Drive, submitted a written statement to the council regarding Rasor Park. He remarked that the "Cruise-In" that was held yearly in the River Road area had grown to be incompatible with Rasor Park. He called for a public input process on the park. Rotten, 2720 East 40th Avenue, thanked Mayor Torrey for the meeting on January 21, but raised concern over communication with the City. He stated his willingness to work with the Mayor. Jan Spencer, 1266 West 5th Street, spoke in favor of a resolution against the World Trade Organization (WT©). He said that he was planning to submit information on the effects of the WT© in the Willamette Valley. Robin Terranova, 2720 East 40th Avenue, raised concerns over the locking of the doors to the meeting room and the harassment of alternative media during the January 21 meeting with Mayor Torrey. Rob Handy, 455-1/2 River Road, spoke on the issue of endangered salmon runs. He said that it was an issue that affected all of Eugene. He noted that there were many wonderful parks in Eugene and that Rasor Park should be one of them. He urged the council to review the plans and support the restoration of Rasor Park. Mayor Torrey closed the Public Forum and called for questions/comments from the council. Councilor Meisner asked to be kept apprized of the restoration plan for Rasor Park from City staff. He noted that he had received a call from a Mr. White, asking that restoration work for the park be stalled to allow the Cruise-In to continue to be held at the park. MINUTES--Eugene City Council January 24, 2000 Page 1 7:30 p.m. Councilor Kelly also wanted to be kept apprized of developments in Rasor Park. He also asked for detail about the events with the alternative media at the January 21 meeting. Councilor Taylor also wanted to kept apprized on activities related to Rasor Park. She commented that she had no idea why the Christmas tree was removed from the Hult Center and added that the Christmas tree was not a symbol of Christianity, but a symbol of happiness and fun. Councilor Lee agreed with Mr. Handy that water quality issues dealing with endangered salmon runs would have to be handled on a local level. He said that the Clean Water Act was major legislation that affected everyone. He mentioned the idea of an urban watershed council that would be locally designed and represented local interests and would help set standards for complying with the Clean Water Act. II. ELECTION OF CITY COUNCIL OFFICERS Councilor Meisner moved, seconded by Councilor Nathanson, to elect Councilor Lee as the Council President for the year 2000. Roll call vote; the motion passed unanimously, 8:0 Councilor Meisner moved, seconded by Councilor Nathanson, to elect Councilor Taylor as the Council Vice President for the year 2000. Roll call vote; the motion passed unanimously, 8:0. CONSENT CALENDAR Councilor Meisner moved, seconded by Councilor Nathanson, to approve the items on the Consent Calendar. Councilor Taylor offered corrections to paragraph 2 on page 9 the minutes of the November 22 work session. She asked that the second sentence be deleted and replaced with the following: "She asked if apartments were assessed as much per unit as single family units." Ms. Taylor also asked to pull Item D on the consent calendar for later discussion. Councilor Kelly referred to the minutes of the October 25 work session. He said that the last motion on page 5 should be changed to indicate that Pat McDaniels was appointed to the Citizen Committee on Mayor and Council Compensation. Referring to page 9 of the November 22 work session minutes, Mr. Kelly asked that the first paragraph, be revised to refer to "multi-unit subdivisions" rather than multi-unit dwellings. Referring to page 3 of the December 6 regular meeting minutes, Mr. Kelly said that the minutes should be amended to indicate that the friendly amendment to substitute one figure for another was accepted. Referring to page 3 of the December 8 work session, Mr. Kelly asked that the last line on the page be changed to indicate that the seminar at the National League of Cities he had described was conducted by the manager and a city councilor Bryan, Texas. MINUTES--Eugene City Council January 24, 2000 Page 2 7:30 p.m. Mayor Torrey suggested voting on Consent Calendar items A, B, and C and then discuss item D. Councilor Meisner called for a new minutes process. He suggested that the council take action on minutes at Wednesday work sessions rather than at Monday meetings to give councilors more time for review. Roll call vote; the motion to adopt items A, B, and C of the Consent Calendar passed unanimously, 8:0. Regarding Item D. of the consent calendar, Ms. Taylor said that she had concerns over the United Front trip to Washington, DC, and the items that were planned to support. She wanted to add the headwaters of the Amazon Creek to the list of waterways that were protected. Councilor Nathanson asked Intergovernmental Relations Section staff to comment on the request. Tim Black of the City Manager's Office said that the Upper Amazon Creek from 19th Avenue to Snell Street was included in the federal agenda. He said that he was not sure if the headwaters of Amazon Creek fell within the city limits. Councilor Nathanson requested a memorandum from Steve Gordon of Lane Council of Governments (LCOG) that would clarify exactly which land was included in the federal funding request. She said that the proposals ere sequenced to match funding and congressional initiatives. She added that it would be difficult to added an extra funding proposal because it would be out of sequence. She also said that the land in question could very well be already addressed. City Engineer Les Lyle commented that the land that Councilor Taylor mentioned was beyond the scope of the upper Amazon project that was currently being worked on. He said that a document could be developed describing the characteristics of the upper Amazon Creek that could be taken to Washington, DC, to explore opportunities for funding. He added that he was not familiar with any funding source that could be used to pay for the land in question. Addressing Ms. Taylor's issue, Councilor Rayor suggested that the City's parks acquisition dollars could be used to purchase the Amazon headwaters. City Manager Jim Johnson responded that the general policy regarding the use of park acquisition dollars was reflected in the tabloid that was mailed to the voters prior to the election. Purchase of the headwaters of the Amazon Creek were not included in that tabloid. Councilor Fart said that it was difficult to work out of sequence and still expect to get positive funding results from the federal government. He added that local money was being spent on the upper Amazon. Councilor Taylor said that the headwaters of the Amazon were threatened by immediate development. She added that the area was even more threatened because of the council's failure to adopt the Key Waterways Ordinance. Mayor Torrey said that the chances of the elected officials going to Washington, DC, and placing a new issue in front of the Congressional delegation was difficult. He urged the council to follow the direction of the council committee and staff in the matter. MINUTES--Eugene City Council January 24, 2000 Page 3 7:30 p.m. Councilor Nathanson said that there was time to address the question and expressed the hope that the City Manager would ask Mr. Gordon to report to the council on how Ms. Taylor's request for funding fit in with other funding requests and funding sources. Councilor Taylor moved to amend the United Front funding requests to include funding to purchase the headwaters of Amazon Creek. The motion failed for lack of a second. Councilor Lee suggested that staff prepare a memorandum for the Council Committee on Intergovernmental Relations to examine and possibly make a proposal to the council to approve. Roll call vote; the motion to adopt Item D passed unanimously, 8:0. Mayor Torrey adjourned the meeting of the City Council and convened a meeting of the Urban Renewal Agency. IV. RESOLUTION 1003: ACKNOWLEDGING RECEIPT OF THE GENERAL PURPOSE FINANCIAL STATEMENT OF THE URBAN RENEWAL AGENCY OF THE CITY OF EUGENE, OREGON, FOR THE FISCAL YEAR ENDED JUNE 30, 1999 Councilor Meisner moved, seconded by Councilor Nathanson, to adopt Resolution Number 1003 acknowledging receipt of the general purpose financial statement of the Urban Renewal Agency for the fiscal year ended June 30, 1999. Roll call vote; the motion passed unanimously. Mayor Torrey adjourned the meeting of the Urban Renewal Agency and reconvened the meeting of the Eugene City Council. V. PUBLIC HEARING: PROPOSAL TO CREATE AN ORDINANCE ON TOXIC FEE STRUCTURE Glen Potter of the Fire and Emergency Medical Services Department provided a brief review of the issue. He noted that in 1999 the Oregon Court of Appeals issued a decision that the City of Eugene's fee structure supporting the Toxics Right-to-Know Program was based on chemical quantities reported and, as such, was inconsistent with existing State law. He went on to say that in response to the decision, the Toxics Board came before the council in October 1999 with three options. He noted that two of the options involved General Fund support and were not well- received by the council. He said that the third option was sent back to the Toxics Board for consideration of refinements. Mr. Potter said that the Toxics Board discussed refinements in depth but had ultimately had decided unanimously to send back the same recommendation. He said that the proposal was to assess fees to all Eugene manufacturers with 10 or more employees based on the total number of employees. He said that staff estimated that the proposal would affect more than 100 businesses in addition to the 50 that were already reporting under the current program, and that a fee of approximately $8 per employee would result. MINUTES--Eugene City Council January 24, 2000 Page 4 7:30 p.m. Mr. Potter said that, subsequent to the Court of Appeals' decision, the City had received a declaratory judgment from the Circuit Court for Lane County. He said that the judgment gave the City the authority to fund the program as it deemed appropriate, so long as chemical quantities were not considered in determining the fees. Mr. Potter also shared a new proposal submitted by City Manager Johnson for consideration by the council. The new proposal would assess fees only to businesses doing the same types of manufacturing as the businesses that currently reported under the program. He said that the 10- employee rule would still apply, and that fees would be based on the total number of employees. He said that the new proposal would narrow the fee-paying population to businesses that might reasonably be expected to use toxic substances. He noted that the businesses assessed would be fewer and the fee per employee would be greater. Mr. Potter went on to say that neither of the proposals fully complied with the intent of the voters when the Toxics Right-to-Know Program was adopted in 1996. Mr. Potter said that if there were fees for the program, then there would be an ordinance required and a further public hearing would take place. In response to questions from Councilor Meisner, Mr. Potter clarified that the Toxics Board had not yet considered the new proposal from City Manager Johnson, and that the cost would be approximately $10-$15 an employee. In response to a question from Councilor Kelly, Mr. Potter stated that any new fee structure adopted would apply to fees payable this year (to support the program in fiscal year 2001), although bills might not be sent out in time to meet the charter-provided payment deadline of May 1. Councilor Nathanson commented that the voters approved something that could not now be implemented. She added that neither of the proposals were what the voters had approved. She raised the question of putting the issue before the voters again. City Manager Johnson said that it was a policy decision before the council whether it wanted to take changes back to the voters or not. Councilor Kelly clarified that because of the severability clause in the amendment to the charter, even though the court struck down the clause for defining who paid fees, the rest of the charter amendment still stood as part of the City Charter and needed to be implemented until there was another public vote. He said that there were two ways to put the issue before the voters, which were by initiative and by a referral from the City Council. Mayor Torrey stressed the need not only for another public hearing, but for another council work session. Councilor Fart stressed the importance of following the directions of the public on the issue. He wondered if the amended language would still be passed in a public vote. Mayor Torrey opened the public hearing. Jan Wostmann, 2645 Riverview Street, stated his belief that the intent of the charter amendment was to create a fee-supported program. He said that the companies that used the toxic chemicals MINUTES--Eugene City Council January 24, 2000 Page 5 7:30 p.m. were the ones that needed to pay the fees. He said that, with good analysis, a close approximation of the intent of the voters could still be achieved. Clyde Carson, 618 D Street, said that the Right-to-Know program was an extreme program that had no place in the Eugene City Charter. He said that the public needed to pay a fair share for the information that it wanted to have reported from companies. Eric Jenson, 2333 Marjorie Avenue, said that the new fee structure was not in keeping with the intent of the voters. Jr. Robertson, 640 West 15th Avenue, testified that there should be no "free ride" for companies that used toxic chemicals. He said that the polluter should pay. He stressed the importance of keeping a link between fees and polluters. Linda Fuller, 2401 West 22nd Avenue, emphasized that the public had voted on the issue and stressed the importance of the City Council attempting to stay as close as possible to the intent of the voters. Laura Byxbe, 677 West 23rd Avenue, commented that the industries that were working so hard to get rid of the Toxics Right-to-Know Program should work as hard to get rid of the toxic substances that they were using in their businesses. She urged the council to follow the intent of the voters and keep the program fee-supported. Emily Fox, 455 East 31st Street, stressed that the Toxics Right-to-Know Program just informed the citizens of what was in their environment. She urged the council to keep the program fee- supported. Terry Connolly, 1401 Willamette Street, said that he opposed the proposals for a new fee structure and the entire Toxics Right-to-Know Program. He said that the program was unnecessary and difficult to implement. He said that the proposals did not meet the intent of the voters and called for another vote on the issue. Lisa Igoe, 2460 Kincaid Street, said that it was not an extreme thing for the public to know what chemicals were used by local manufacturers. She urged the council to keep the program fee- supported. Paul Engelking, Lowell, Oregon, submitted federal data to the council on companies that were reporting chemicals under federal programs. Jim Borg, 425 Full View Drive, said that the proposals were not fair. He said that the right-to- know program was unnecessary and was "feel-good" legislation. He commented that the proposals did not meet the intent of the voters and that there should be another vote. Tom Slocum, 1950 Graham Drive, questioned what the program was achieving. He said that the program was going to get more and more expensive for the City to implement. Steve Johnson, 1825 Longview Street, urged the council to keep the program fee-supported. He suggested that if the voters were consulted again, they would vote in favor of a fee-supported program, but against a General Fund-supported program. MINUTES--Eugene City Council January 24, 2000 Page 6 7:30 p.m. Uriah Murray, 466 West 17th Avenue, urged the council to keep the program fee-supported. He commented that the people who did the polluting should pay for the program. He suggested that the fees could also be used to pay for non-toxic technology education. Robert O'Brien, 3525 Gilham Road, reiterated the comments made by Mr. Wostmann and Mr. Johnson. He urged the council to support the Toxics Board's proposal. Don Upson, 84851 McBeth Road, said that the voters did not vote for any of the proposals under consideration. He said that all of the presented options violated the voters' intent or the law. Mr. Upson called for a new vote on the issue. Jan Spencer, 1266 West 5th Avenue, suggested that the council should go with the proposal closest to the intent of the voters, and suggested that businesses pass the cost of the fees on to consumers. Glen Bjurling, 84805 Laughlin Road, said that the Toxics Right-to-Know Program was a bad idea and should be given up. He said that companies were constantly looking for less toxic chemicals to use in manufacturing. Holly Bogle, 625 East 18th Avenue, submitted and read a statement from Mary ©'Brien to the council. She commented that polluters should pay the fees and that the law only addressed two percent of the 70,000 chemicals currently used in manufacturing. Scott Whittier, 28828 Raven Oaks, said that fees based on the number of employees were not fair. He said that the fees would be a burden for the companies assessed and called for the council to put the matter to a public vote. Brent Lanz, 2098 Morning View, reiterated that a fee based on the number of a company's employees was not fair, and called for another public vote on the issue. Rob Handy, 455-1/2 River Road, said that the previous voters were educated enough to know what they wanted and that their intent was clear for keeping the program fee-supported. He commented that the council should not "punt" the issue back to the voters. David Hauser, 2168 Elkhorn Drive, said that the new fee structure was against voter intent and that the charter amendment could not be implemented. Mayor Torrey closed the public hearing. Councilor Kelly said the measure still stood as amended by the courts until there was a new vote. He called on people to work together to help solve the issue. He called for more staff analysis of the City Manager's proposal. Councilor Kelly went on to say that the right-to-know program was very different from State programs. He said it was the only program that required materials accounting. Councilor Kelly said that the idea that the public should pay because they buy products that require toxic chemicals to manufacture would have merit only if the labeling on the product informed the consumer of what toxic chemicals were used in its manufacture. MINUTES--Eugene City Council January 24, 2000 Page 7 7:30 p.m. Councilor Kelly said that the program was an evolutionary process modeled on federal legislation and that he would like to see the program eventually expanded to include significant toxics users in service- based businesses. He concluded that he was not interested in another public vote until after the 2001 legislature. Councilor Pap~ clarified that the charter amendment did refer to manufacturers. He went on to comment that putting the Toxics Right-to-Know Program in the City Charter was a misuse of process and that the City would have been better served to have gone through the City ordinance process so that things could be changed more easily when complications arose. Councilor Nathanson also called for more information on the City Manager's proposal. She com- mented that it was the voters' intent to keep the link between polluters and paying fees. She stressed that the voters thought that the program would be fee-supported. Councilor Rayor said that the severability clause left the rest of the amendment intact. He commented that the program was not extreme and that eventually other communities would have similar programs. He urged that people work together to find a middle ground. Councilor Taylor stressed her desire to keep the program fee-supported. She was against having another public vote. Councilor Meisner commented that the program could not just be shelved, because it was part of the City Charter. He was against having a new vote on the issue and commented that the people against the fee structure had been against the entire program. Councilor Fart said that he was not convinced of the fairness of the fee structure. He said that the City Council did not have the authority to change the charter language and expressed a desire to have another vote. Mayor Torrey stressed the importance of consistency from the City Council. He raised concern over the changes that were being proposed. He reiterated that the issue would have to be addressed in a work session and expressed a desire for the chair of the Toxics Board to attend. Mayor Torrey said he was convince that the public wanted the program and had an idea of how the program would be paid for, but noted that the State had changed the rules. He was not convinced that the new proposals met the intent of the public. Mayor Torrey stressed that he was opposed to policy by charter unless it was the overwhelming will of the people. He urged businesses to work with the Toxics Board on the issue. Councilor Lee called for legal analysis regarding how governments dealt with unenforceable issues. VI. AN ORDINANCE CONCERNING TRAFFIC REGULATIONS; READOPTING SECTION 5.005 OF THE EUGENE CODE 197'1; AND DECLARING AN EMERGENCY Councilor Pap~ excused himself from the meeting. Mayor Torrey opened the public hearing. Seeing no one wishing, to speak he closed the public hearing and called for questions from the council. MINUTES--Eugene City Council January 24, 2000 Page 8 7:30 p.m. City Manager Johnson asked that the council consider Council Bill 4719, an ordinance providing for adoption of the State Traffic Code. Councilor Meisner moved, seconded by Councilor Nathanson, that the bill, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at that time. Roll call vote; the motion passed unanimously, 7:0. City Manager Johnson asked the council to consider Council Bill 4719 by council bill number only. Councilor Meisner moved, seconded by Councilor Nathanson, that the bill be approved and given final passage. Roll call vote; the motion passed unanimously. Councilor Pap~ returned to the meeting. Vii. PUBLIC HEARING: AN ORDINANCE CONCERNING THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD INSURANCE STUDY AND FLOODWAY MAPS; AMENDING SECTION 9.603 OF THE EUGENE CODE, 1971 AND DECLARING AN EMERGENCY. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for questions from the council. City Manager Johnson asked the council to consider Council Bill 4720, an ordinance concerning the Federal Emergency Management Agency (FEMA) flood insurance study and floodway maps; amending Section 9.603 of the Eugene Code 1971, and declaring an emergency. Councilor Meisner moved, seconded by Councilor Nathanson, that the bill, with the unanimous consent of the council, be read the second time by council bill number only and that enactment be considered at that time. Roll call vote; the motion passed unanimously, 8:0. Councilor Rayor questioned the timing of the code changes outlined in the letter from the Army Corps of Engineers. Mr. Lyle responded that they would be processed as part of the Land Use Code Update process. City Manager Johnson asked the council to consider Council Bill 4720 by council bill number only. Councilor Meisner moved, seconded by Councilor Nathanson, that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 10:05 p.m. Respectfully submitted, MINUTES--Eugene City Council January 24, 2000 Page 9 7:30 p.m. James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council January 24, 2000 Page 10 7:30 p.m.