Loading...
HomeMy WebLinkAboutCC Minutes - 11/27/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall November 27, 2000 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Pat Fart Bonny Bettman, Gary Rayor, David Kelly, Nancy Nathanson, Gary Pap~. COUNCILORS ABSENT: Betty Taylor. Mayor James D. Torrey called the meeting of the Eugene City Council to order. I.PUBLIC FORUM Douglas Beauchamp, 44 West Broadway, stressed that arts played a role in the lives of youth. He thanked the council for all of its work. Michael Anthony, 2250 Patterson Street, said that he had been arrested for his role in the "Cannabis Spiritual Revival," and claimed that the City had denied him his right to defend himself in court. He expressed a hope that in the future there would be positive change in the City. Pete Raiteri commented that he had recently been in court for violating the mall exclusion ordinance. He related that the pharmacy he patronized was on the mall and that he needed access to that facility. He spoke against the mall exclusion ordinance and expressed his belief in the right to peaceful assembly. Councilor Rayor asked the City Manager to look into Mr. Raiteri's case. Regarding the comments of Mr. Anthony, Councilor Rayor noted that the City was obligated to enforce the State laws against cannabis use. Councilor Kelly commented that he had never supported the mall exclusion ordinance. II.CONSENT CALENDAR A. Approval of Council Minutes: October 11, 2000 Work Session, October 16, 2000, Work Session, October 23, 2000, Work Session, October 23, 2000, Regular Session, October 25, 2000, Work Session, October 30, 2000, Work Session, November 1, 2000, Work Session, November 6, 2000, Interviews for Boards, Commissions, and Committees, MINUTES--Eugene City Council November 27, 2000 Page 1 Regular Meeting November 8, 2000, Work Session, November 15, 2000, Interviews for Boards, Commissions, and Committees B. Approval of Tentative Agenda Councilor Nathanson, seconded by Councilor Fart, moved to approve the items on the Consent Calendar. Councilor Kelly offered a correction to the work session of October 11, 2000. He said that the motion made by Councilor Bettman was incomplete and added the following words to the motion; "...Section 9.4290 (3) of the/ND Nodal Development overlay zone and..." On the same set of minutes, Councilor Kelly said that the motion that was reviewed by Planning Director Jan Childs on page 2 should be augmented by the addition of items 5-9. Referring to page 10 of the November 1, 2000, work session, Councilor Kelly noted that there was a word missing in a motion and requested that the motion read "...to create additional..." Referring to page 13 of the minutes of October 16, 2000, work session, Councilor Bettman askied that the second sentence in paragraph 10 be revised to read "...the other side of the equation.. Referring to paragraph 4 on page 7 of the minutes of the November 8, 2000, work session, Councilor Bettman requested the fourth sentence be changed to read "She felt that the target for bicycles was inadequate." She asked that the phrase "from the grass" in paragraph 4 on the same page be changed to "from the grass in the park." Referring to page 8 of the same minutes, she said that the second sentence of paragraph 5 should end "...for the University to externalize its impact and costs on the City." Referring to the November 15, 2000, minutes, Councilor Bettman noted that interview question 5 was replace by the following question: "What is your top strategy for increasing density in the UGB?" and "What is your top strategy for revitalizing downtown?" In addition to the corrections, the following changes to the record were requested: Councilor Nathanson pulled the November 8, 2000, work session minutes. Referring to page 4, she suggested the fourth sentence in paragraph 7 be changed as follows: "She said that land use actions, whether zoning or another kind of regulation, could either reduce a properties value or lead to windfall gains. She was concerned that the voters, statewide, did not understand the given and take in the issue and the risk and opportunity involved in property ownership." Councilor Nathanson also suggested substitute language for paragraph 12 on page 7 of the same minutes: "...thatshe sometimes traveled to games by walking, bicycling and riding the bus, and there was often congestion to the north." Roll call vote; the motion passed unanimously, 7:0 MINUTES--Eugene City Council November 27, 2000 Page 2 Regular Meeting III.PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning False Information to a Peace Officer, and Amending Section 4.906 of the Eugene Code, 1971 City Manager Jim Johnson introduced the item, remarking that the only thing changing in the ordinance was the reference in the Oregon Revised Statute. In response to a question from Councilor Rayor regarding the need for the change and the need for Municipal Court rather than Circuit Court, Sergeant Rich Stronach said that the 1999 State Legislature changed the classification of offenses and renumbered the statutes. Regarding the need for Municipal Court, he said that the Municipal Court knew the City issues better than the Circuit Court. Mayor Torrey opened the public hearing. Salar Lebris, 663 West 27th Avenue, requested information on how the ordinance would affect the citizens of Eugene. Mayor Torrey closed the hearing. Councilor Rayor commented that it was in accordance with State law that the changes were being made. Councilor Kelly said that the ordinance changed no penalty and added no offense and was just a housekeeping measure to coordinate with Oregon Revised Statutes. Councilor Nathanson reiterated Councilor Kelly's comments. City Manager Johnson asked the council to consider Council Bill 4753, an ordinance concerning false information to a peace officer, and amending Section 4.906 of the Eugene Code, 1971. Councilor Nathanson, seconded by Councilor Fart, moved 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. City Manager Johnson asked that the council consider Council Bill 4753 by number only. Councilor Nathanson, seconded by Councilor Fart, moved that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20218. MINUTES--Eugene City Council November 27, 2000 Page 3 Regular Meeting IV. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Real Property Compensation; Renumbering Sections 2.030 and 2.070 of the Eugene Code, 1971 to 2.150 and 2.170 Respectively, and Adding Sections 2.040, 2.045, 2.050, 2.055, 2.060, and 2.065 to That Code; and Providing for an Immediate Date City Attorney Glenn Klein summarized the criteria for claims filed under Ballot Measure 7. He said that when the measure took effect on December 7, he expected that people would be desirous of filing claims. He said that the proposed ordinance identified what type of information people would need to submit to the city with their claims and then provided a process for the City to handle the claims. In response to a question from Councilor Kelly regarding who the governing body in an appeal to a council decision would be, Mr. Klein said that if the council decided to waive a regulation, then the appeal body would be the Land Use Board of Appeals. In response to a question from Councilor Kelly regarding the choices allowed to the council on a claim and whether there was a federal equal protection issue, Mr. Klein said he did not believe there would be an issue. The equal protection clause requires a rational basis for treating people differently, and because the circumstances of each claim would not be identical, there would not be an equal protection issue. In response to a question from Councilor Nathanson regarding a deterrent in the ordinance for frivolous claims, Mr. Klein said that, based on what was happening in the rest of the state, he expected some frivolous claims to be filed in Eugene. He said that part of the application requirement was a fee that would have to be paid before a claim would be reviewed. He added that the fee would be refunded if the claim was deemed valid. City Manager Johnson noted that part of the application requirement was an appraisal by an appraiser licensed by the State of Oregon. In response to a question from Councilor Rayor regarding how the ordinance was modeled, Mr. Klein said that it was prepared from the best ordinances from a number of jurisdictions. In response to a comment from Councilor Bettman regarding requiring people's property taxes to be current before a claim could be filed, Mr. Klein said that under the language of Ballot Measure 7, such a rule would not be allowed because it went beyond information that the City would need to process the claim. In response to a question from Councilor Pap8 regarding who settled the compensation amount, Mr. Klein said that the City Manager would inform the council of the property owner's claim amount and the amount that the City Manager thought it should be. He noted that if the council paid less than what the property owner claimed, the property owner would still be able to go to court and possibly get a judgement for the amount of the difference. Mr. Klein said that he expected changes to the ordinance as it was learned what other jurisdictions, the courts, and the legislature were doing about the ordinance. City Manager Johnson noted that the City would be hiring appraisers to respond to claims being made. MINUTES--Eugene City Council November 27, 2000 Page 4 Regular Meeting In response to a question from Councilor Nathanson regarding the impact to the council work load, City Manager Johnson said that it was still unknown. Councilor Nathanson commented that council goals would be seriously impacted. Mayor Torrey said that he had been contacted by the Lane County Homebuilders Association, which had requested that the record be left open for 24 hours so that it could submit written testimony. He asked if there was a concern about the notice provided. Mr. Klein said that there was no legal defect in the notice provided and that the council had authority to pass the ordinance that evening. He strongly recommended passing the ordinance before December 7, 2000. He noted that it needed to pass with an emergency clause which required six councilors to vote for it. Mayor Torrey opened the public hearing. Becky Steckler, 934 Washington Street, spoke representing the 1000 Friends of Oregon. She said that her group was aware of the problems that the passage of Ballot Measure 7 caused for jurisdictions all over the state. She said that her group had concerns over Section 2.065 of the proposed ordinance. She opined that the City of Eugene did not have the authority to discontinue application of a regulation or grant a waiver, in response to Ballot Measure 7, in lieu of a payment or an outright repeal of a regulation. She recommended that the council adopt only the purely procedural portions of the ordinance and delete Section 2.065 and consider it in a separate ordinance. Mayor Torrey closed the hearing and called for councilor comments/questions. Councilor Meisner called for an analysis of Section 2.065. He stressed that he was not interested in just paying claims or repealing protections enacted for the citizens of Eugene. Mr. Klein said that he expected resistence to Section 2.065 and that was one of the questions that was still unanswered about Ballot Measure 7. In response to a question from Councilor Meisner regarding the need for a severability clause in the ordinance, Mr. Klein said that such a clause was not needed. In response to a question from Councilor Meisner regarding prosecutorial discretion in a civil matter, Mr. Klein said that there was absolutely a concept of prosecutorial discretion in a civil enforcement matter. Councilor Rayor commented that Ballot Measure 7 was a disaster for Oregon. He said that it damaged land use laws, environmental protections, and citizen rights. In response to a question from Councilor Rayor regarding whether the 100-foot radius for notification was consistent with other City notification distances, Planning Director Jan Childs said that the distance came from the Oregon Revised Statute and was the minimum notice distance required under State law. Councilor Rayor expressed a desire to see notice expanded to 300 feet. Councilor Nathanson said that Eugene citizens would be suffering the consequences for statewide action. She regretted that there was a failure to recognize that there was opportunity as well as MINUTES--Eugene City Council November 27, 2000 Page 5 Regular Meeting risk in all property ownership, and that many owners benefit from government actions that result in greater value or return for the property. Councilor Kelly expressed his appreciation for the testimony from 1000 Friends of Oregon. Regarding Ballot Measure 7, he commented that the voters may have expected to limit excessive government action but did not expect to get rid of land use protections. Councilor Kelly also expressed a desire to see the notice radius extended to 300 feet. Councilor Bettman reiterated Councilor Rayor's statement that Ballot Measure 7 was a disaster but expressed a hope that the City could explore local strategies for mitigating the impact. She raised concern over moving forward with densifying the City if no land use standards would be applied. In response to a question from Councilor Bettman regarding adjacent property owners claims in response to waived land use regulations under Ballot Measure 7, Mr. Klein said that adjacent property owners would not have a claim under Ballot Measure 7 because it was not regulation of the City that devalued an adjacent owner's property. He added that the City was looking into a "Cause of Action" that would allow a neighbor to file a claim against a property owner who got a waiver under Ballot Measure 7 in a private lawsuit. Councilor Meisner expressed his pleasure that Eugene voted down the measure but was dismayed that voters statewide passed it. He agreed that it was a tragedy for the state. City Manager Johnson asked the council to consider Council Bill 4754, an ordinance concerning real property compensation; renumbering Sections 2.030 and 2.070 of the Eugene Code, 1971 to 2.150 and 2.170 respectively, and adding Sections 2.040, 2.045, 2.050, 2.055, 2.060 and 2.065 to that code; and providing for an immediate effective date. Councilor Nathanson, seconded by Councilor Farr, moved 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. Councilor Rayor, seconded by Councilor Kelly, moved to amend the ordinance by extending the public notice radius from 100 feet to 300 feet. Councilor Nathanson believed that there was no benefit in making the amendment. Councilor Kelly believed that it would encourage public awareness of Ballot Measure 7 and added that there might be valuable public input on the appraisal of the property. Councilor Bettman added that residents wanted to know what was happening in their local community. Mayor Torrey asked the City Attorney to communicate with 1000 Friends of Oregon and let the organization know that the City was trying to solve a difficult issue and did not need more legal action against it. Councilor Pap8 raised concern that increasing the public notice distance might increase the number of claims that were brought against the City under Ballot Measure 7. Roll call vote; the amendment passed, 5:2, with councilors Pap8 and Nathanson voting in opposition. MINUTES--Eugene City Council November 27, 2000 Page 6 Regular Meeting Roll call vote; the main motion passed unanimously, 7:0. City Manager Johnson asked the council to consider Council Bill 4754 by number only. Councilor Nathanson, seconded by Councilor Fart, moved that the bill be ap- proved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance No. 20219. Councilor Kelly, seconded by Councilor Rayor, moved to direct the City Manager to investigate any mechanisms to reduce harm to the community related to Ballot Measure 7 and report regularly on the investigation to the City Council. Roll call vote; the motion passed unanimously, 7:0. Mayor Torrey adjourned the regular session of the City Council and convened a work session of the City Council in the McNutt Room. Councilor Meisner left the meeting. At this point in the meeting, Mayor Torrey asked the council to move forward with recommendations on the Charter Review Committee. Councilor Kelly remarked that he was confused by the voting procedure and numerical ranking for appointments to boards and committees. Councilor Kelly, seconded by Councilor Rayor, moved to go back to the procedure that had been used before which was to mark "interview" or "appoint" or nothing next to a candidate's name. In response to a question from Councilor Pap~ regarding the process for nominations, Mayor Torrey said that each councilor would get to choose two nominees to the committee. City Manager Johnson added that the names would then come before the full council for a vote on appointment. Councilor Pap~, seconded by Councilor Rayor, moved to amend the motion by providing an interview for all 16 candidates. Councilor Kelly was against the motion because it could already be accomplished by ballots. Councilor Bettman was against the motion for the same reason. In response to a question from Councilor Kelly regarding a timeline for the charter committee, Ms. Walston said that the council had adopted a timeline to appoint members by December 15. She added that the motion stated that the process may included interviews. Councilor Kelly pointed out that, for the amendment to work, an extension of the timeline would have to be added. Councilor Bettman commented that changing the timeline might impact the applicants. Councilor Pap~ offered a friendly amendment, that was accepted by the second, to extend the timeline for appointments until January, 2001. MINUTES--Eugene City Council November 27, 2000 Page 7 Regular Meeting Councilor Pap~ commented that no work would get done by the committee until January anyway. He opined that the committee would still be able to work within its original time frame. Roll call vote; the motion to amend failed, 4:2, with councilors Pap~ and Rayor voting in favor. Roll call vote; the main motion passed unanimously, 6:0. V. WORK SESSION: Scope of Work for Development of Storm Water Related Stream Corridor and Open Space Acquisition Program City Engineer Les Lyle was present to answer questions related to the topic. Councilor Kelly expressed his thanks to staff for its work on the new proposal. He said that it was much better than the October proposal. In response to a question from Councilor Kelly regarding whether the projection took into account the storm water fee increase that the Storm Water Management Department Advisory Committee recommended, Mr. Lyle said that it did not. In response to a question from Councilor Kelly regarding Alternative 2, Step B of the proposal, Mr. Lyle said that the gist of the difference between alternatives 1 and 2 was that Alternative 2 expanded to include stormwater-related open space. In response to a question from Councilor Nathanson regarding the intent of the existing acquisition program, Mr. Lyle said that the acquisition money allocated to the program was intended to be focused on land acquisition for maintenance access purposes. In response to a question from Councilor Nathanson regarding the common definition of stormwater open space, Mr. Lyle said there was no current articulation about what the stormwater-related open space is, whether there should be an open space policy element in the Stormwater Program, or whether stormwater user fee dollars should be used for purchase of open space. He said that there likely were a number of definitions as to what was stormwater-related open space. In response to a question from Councilor Pap~ regarding assurances that there would be connecting stream corridors, Mr. Lyle said that such an idea could be one of the criteria to examine in identifying priority sites for acquisition. He suggested the involvement of the Planning Commission in reviewing criteria as well. Councilor Bettman supported Option 2. She said that, given what was going on with Ballot Measure 7, it was one of the best options for regulating environmental concerns and public interest. Councilor Pap~, seconded by Councilor Fart, moved to ask the City Manager to act under Option 2, Alternative 1, and prepare a plan as outlined in Alternative 1 -Initial High-Priority Stream Corridor Acquisitions. MINUTES--Eugene City Council November 27, 2000 Page 8 Regular Meeting Councilor Fart supported the motion but stressed the importance of involving the public in the process as much as possible. Councilor Kelly, seconded by Councilor Bettman, moved to amend the motion by substituting Alternative 2. Roll call vote; the motion failed, 4:2, with councilors Kelly and Bettman voting in favor. Roll call vote; the main motion passed, 5:1, with Councilor Bettman voting in opposition. Councilor Pap~ left the meeting. VI.WORK SESSION: Report on Park Blocks Placemaking Councilor Nathanson, seconded by Councilor Fart, moved to accept the report from the Downtown Park Blocks Placemaking Committee and to direct the City Manager to work toward implementation of the recommendations within the existing City budget. Councilor Kelly commented that the committee did very good work and expressed his pleasure that some of the recommendations had already been implemented. He raised concern that there was no matching money for implementation of the plan since the committee's funds had already been spent on consultants. Councilor Kelly noted that all of the rock work-related items were to be considered as a priority for the initial $25,000. Councilor Kelly, seconded by Councilor Bettman, moved to amend the motion to add the words "...and with the addition of $25,000 of council contingency funds." Councilor Bettman reiterated Councilor Kelly's comments. She stressed that the Saturday Market was a very large asset to the community as well as an asset to small and micro businesses in the area. She said that the amount of money was modest and was the minimum that the City could do to support the market. Councilor Rayor agreed with Councilor Bettman. Roll call vote; the amendment passed unanimously, 5:0. Roll call vote; the main motion passed unanimously, 5:0. Mayor Torrey adjourned the work session and convened an executive session of the City Council VII.EXECUTIVE SESSION: Held Pursuant to Oregon Revised Statute 192.660(1)(h) MINUTES--Eugene City Council November 27, 2000 Page 9 Regular Meeting Mayor Torrey adjourned the executive session of the City Council and reconvened the regular session of the City Council. IX.REGULAR SESSION Councilor Nathanson, seconded by Councilor Fart, moved to direct the City Manager to join in a lawsuit challenging Ballot Measure 7. Roll call vote; the motion passed unanimously. The meeting adjourned at 10:15 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council November 27, 2000 Page 10 Regular Meeting