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HomeMy WebLinkAboutCC Minutes - 03/08/99 Mtg MINUTES Eugene City Council McNutt Room, 777 Pearl Street, Eugene March 8, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Pat Fart, Bobby Lee, Nancy Nathanson, Gary Pap~, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: David Kelly I. CALL TO ORDER The adjourned March 8, 1999, Eugene City Council meeting was called to order at 7:30 p.m.; His Honor Mayor James D. Torrey presiding. II. CEREMONIAL MATTERS A. American Red Cross Month Proclamation Mayor Torrey read a document proclaiming March, 1999, as American Red Cross Month in Eugene. B. Proclamation of the 100th Anniversary of the Veterans of Foreign Wars Mayor Torrey read a proclamation recognizing the 100th anniversary of the Veterans of Foreign Wars (VFW) organization. C. Acknowledgment of Beverly "Ma" Curtis Awards Mayor Torrey acknowledged two community organizations, St. Vincent de Paul's Second Chance Renter Rehabilitation Program and Eugene-Springfield Homeless Action Coalition, for receiving Beverly "Ma" Curtis Awards for their work with the homeless. III. PUBLIC FORUM A. Public Comment Mayor Torrey opened the public forum and the following people commented. Minutes--Eugene City Council March 8, 1999 Page 1 7:30 p.m. Rocky Gothard, 1371 Sunny Drive, Eugene, lamented the lack of representation on the council for the unincorporated areas of the River Road portion of the community. He added that he chaired the local Veterans of Foreign Wars post on Willamette Street and asked to have a picture taken with Mayor Torrey and VFW officers Bill Hollowitz and Frank Blair commemorating the 100th anniversary. Mayor Torrey obliged. Wendell Whittington, 795 West 26th Avenue, Eugene, expressed concern that the "speed bumps" installed on Friendly Street were ineffective and had shifted the problem onto Jackson and Monroe streets. He asked the City to add two motorcycle traffic officers and the use of traffic signal cameras to curb the problem. Mr. Whittington also expressed concern with reduced hours for community use of the Petersen Barn Community Center. B. Council Response Mr. Pap~ indicated that he represented the residents of the River Road area and noted a recent meeting with area association representatives and County officials to address issues important to the area. Mr. Meisner addressed concern raised by Mr. Whittington and indicated he could be fairly certain that Petersen Barn had been eliminated from consideration for locating a branch library. He also indicated that there was a proposal before the Budget Committee for additional traffic enforcement, which Mr. Whittington may choose to support. Mr. Meisner responded to Mr. Gothard's concern by saying that 1) the City is involved in planning for the area because of an intergovernmental agreement with Lane County, and 2) it was difficult to figure out how to have a nonannexed, unincorporated area represented on the council. But, he continued, the City has a long tradition on its Planning Commission of actively seeking members from that area. He added that there was a current opening on the commission and the council would welcome an applicant from that area Mr. Lee underscored the importance of the Second Chance Program, calling it an outstanding program that deserves the recognition. IV. CONSENT CALENDAR Approval of City Council Minutes: January 20, 1999, Lunch Work Session; February 5, 1999, Process Session; and February 6, 1999, Process Session. Mr. Meisner mover, seconded by Ms. Nathanson, to approve the City Council Minutes of January 20, 1999, February 5, 1999, and February 6, 1999, as submitted. Minutes--Eugene City Council March 8, 1999 Page 2 7:30 p.m. Mr. Meisner asked that the 8th paragraph on page 2 of the January 20, 1999, minutes be corrected as follows: Strike the second sentence completely, change the period at the end of the first sentence to a comma and continue: "specifically including what it would cost to undo what we just did a couple of years ago, developing the plaza." Ms. Nathanson expressed concern that her intent was inaccurately transcribed in paragraph 5 on page 6 of the same minutes, and she asked to have the minutes recorder review the tape recording of that meeting. Referring to paragraph 12 on page 8 of the same minutes, Mr. Pap~ requested that his comments be reviewed for accuracy with regard to building the library in phases not placing "constraints" on it. The January 20, 1999, minutes were pulled from the consent calendar. The motion to approve the council minutes of February 5 and February 6, 1999, was passed unanimously, 7:0. Mayor Torrey indicated that the public hearing on vacating a portion of the street right-of-way located near the intersection of Oakmont Way and Sorrel Way had been pulled from the agenda. V. PUBLIC HEARING: RESOLUTION ESTABLISHING HAZARDOUS SUBSTANCE USER FEES FOR 1999; AND REFERRING THE ISSUE OF FEE STRUCTURE RESTRICTIONS IN STATE LAW TO THE INTERGOVERNMENTAL RELATIONS (IGR) COMMITTEE Glen Potter, Fire Marshal's Office, reviewed the item summary and noted that two members of the Toxics Board were present should the council have questions for them. He said the board has recommended a fee structure similar to that used last year, a base fee plus a fee per employee. The recommendation includes a referral to the Council Committee on Intergovernmental Relations to try to formulate restrictions on the fee structure options in the Oregon Revised Statutes (ORS). Mr. Potter said the Toxics Board has recommended (by a 4:3 vote) raising the base fee from the $500 approved by the council last year to $1,000 this year, resulting in a range of fees from about $1,100 to about $10,000. He said staff agreed with the board recommendation on the fee structure, but would defer the matter of the base fee to the board majority and City Council. In response to a question from Mr. Rayor, Mr. Potter said that the base fee increase would be advantageous to any firm with 132 or more employees but disadvantageous to the other firms. Mr. Pap~ wondered if any analysis had been done on the correlation between the per-employee fee and environmental risks generated by companies. Mr. Potter said that the board's rationale was that there was some relationship between the size of a company and its ability to pay; Minutes--Eugene City Council March 8, 1999 Page 3 7:30 p.m. however, it was not necessarily true that a larger company used more chemicals. Mr. Potter said there was a legal perception that the City was prohibited from charging on the basis of the number or quantity of hazardous substances reported. Mr. Pape ascertained that the Charter applied to only manufacturing enterprises, and a company was required to report only if it had inputs of 2,640 pounds of reportable hazardous substances in a calendar year. Ms. Nathanson asked for more information on Standard Industrial Classifications, and wondered if the analysis had included a fee based on those. Mr. Potter replied that the board had not considered using the codes because such a fee structure would probably still need to involve actual quantities of usage, which might be prohibited by the State law. In the Mayor's absence, Council President Scott Meisner presided over the meeting for the next few minutes. Mr. Meisner recalled that the board had intended to adopt a fee structure for future years based on chemical usage once the initial usage data report was filed by companies. Mr. Potter clarified that the board was not recommending that at this time due to potential challenges arising from the State law. Addressing a question from Mr. Pap~, Mr. Potter said the only fee structures foreclosed at the moment are those based on quantity. In response to follow-up questions from Mr. Pap~, Mr. Potter said the initial report was due from companies on April 1, 1999, and there would be insufficient time to analyze that data and apply a new type of fee structure, generate invoices, and expect payment by the May 1 due date. Mr. Pap~ urged the board to analyze the information reported, and create a fee structure for future years that has more to do with the risk to the community. Addressing a question from Mr. Lee, Mr. Potter acknowledged that there had been discussion in 1998 regarding the possibility in 1999 of instituting some type of reconciliation or "credit" system to retroactively address fee inequities. However, Mr. Potter said, such a system could not be enacted at this time without legal risk, because it would require quantity-based fee calculations. Mr. Meisner opened the public hearing. Mary O'Brien, 3525 Gilham Road, Eugene, identified herself as a member of the Toxics Board and addressed the board's problem with the State law, saying that the board concluded that any fee based on quantity would likely be challenged. Ms. O'Brien also referred to a fee chart which she had distributed to the council, showing that changing the base fee from $500 to $1,000 would not be advantageous for the majority of companies reporting under the program. Mayor Torrey returned to the meeting during Ms. O'Brien's testimony. Seeing no more people wishing to speak, Mayor Torrey closed the public hearing. Minutes--Eugene City Council March 8, 1999 Page 4 7:30 p.m. Mr. Lee asked for an explanation of the chart prepared by Ms. O'Brien. Ms. O'Brien noted that a change to the $1,000 base fee would reduce the difference between the lowest and highest fees under the program. She also said the change would cause fees to rise, over 1998 levels, by as much as 68 percent for the smallest businesses reporting. Addressing Mr. Pap6's question regarding fees based on risk, Ms. O'Brien said this was a difficult concept because there were different types of risk posed by toxic chemicals, and there was no consistent means of measuring the risks posed by the numerous chemicals identified under the program. In response to a question from Mr. Farr, City Attorney Glenn Klein said that the council was not legally bound to abide by the recommendation of the majority of the board. Mr. Meisner expressed concern that the issue of State law restrictions was not raised a year ago when the council recommended that fees be based on quantity. Mr. Klein explained that staff was aware of the State provision then but hoped to get guidance from the courts within the year. He said a challenge to the charter amendment was still pending and this was one of the issues raised in the case. Mr. Potter added that the Toxics Board also contacted the Office of Legislative Counsel on this matter to no avail. Mayor Torrey reminded the council that the item was scheduled for action at its March 15 meeting. Mr. Lee left the meeting. VI. PUBLIC HEARING: ORDINANCE CONCERNING VACANCIES ON CITY BOARDS, COMMITTEES AND COMMISSIONS, AND AMENDING SECTION 2.013 OF THE EUGENE CODE, 1971 Mr. Johnson introduced the topic and indicated staff was available to answer the council's questions. Mr. Meisner pointed out that the proposed ordinance did not address excused or unexcused absences--something that is covered in the manual on boards and commissions. Mary Walston, City Manager's Office, said it could be added to the ordinance if the council wished. In response to a question from Ms. Nathanson, Ms. Walston said staff would pro-actively seek information to assist the council in determining if a person is no longer qualified to serve and the proposed ordinance would clarify and codify that informal process. Mayor Torrey opened the public hearing. Minutes--Eugene City Council March 8, 1999 Page 5 7:30 p.m. Larry Mann, 2247 North 10th Street, Springfield, identified himself as a member of the Metro Sports Commission and indicated that there was currently no representation on that commission from the City Council, as required by an intergovernmental agreement, and the commission had not met in a year. He pointed out that the City of Eugene had been very helpful in the past and stated the group "really needed Eugene's representation." He distributed a packet of information on upcoming activities and encouraged the council to appoint a representative. Seeing no one else wishing to speak, Mayor Torrey closed the public hearing and at the council's pleasure, the following action was taken on the ordinance. Mr. Johnson asked the council to consider Council Bill 4681, an ordinance concerning vacancies on City boards, committees, and commissions, and amending Section 2.013 of the Eugene Code, 1971. Mr. Meisner moved, seconded by Ms. 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 this time. Mr. Meisner reiterated his concern that the ordinance does not address excused absences. Ms. Nathanson said her concern was satisfied when she heard from staff that the council will receive information about the absences and the decision will be discretionary. Mr. Rayor moved, seconded by Mr. Meisner, to amend the motion by changing the first phrase in the second paragraph under Absenteeism in the Boards and Commissions Manual to: "Any member who is absent without excuse for three consecutive, regular meetings..." Ms. Nathanson said she could not support the motion to amend unless "excuse" was defined, adding that it would still require judgement on the part of the council. Mr. Klein referred the council to the policy on absenteeism in the manual and pointed out that it excludes the word "excuse" for that very reason, opting instead for absent "without having been given a leave by a majority vote." He said the council might choose "absent without leave of the chair" or something to that effect. Mr. Rayor modified his amendment by substituting "excuse" with "without leave of the chair." Mr. Meisner accepted the modification to the amendment. Mr. Pap~ expressed support for the original motion. Ms. Taylor said excuses were irrelevant, adding that some groups would not be able to function with a long absence by one of its members. Minutes--Eugene City Council March 8, 1999 Page 6 7:30 p.m. Mr. Meisner said he was concerned with the burden placed on the council, following a member's three consecutive absences. The motion to amend passed, 4:2; with Mr. Pap~ and Mr. Meisner opposed, and Mr. Lee absent. The main motion passed unanimously, 6:0. Mr. Johnson asked the council to consider Council Bill 4681 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that the bill be approved and given final passage. Ms. Nathanson said she was concerned that the council might be undermining its intent by allowing more absences should the chair intentionally or unwittingly foster bad attendance. Mr. Johnson indicated that the main reason for bringing this to the council was to deal with the flagrant cases, and the ordinance did not compel referral to the council in every case of three absences, noting there has only been one flagrant case in the last seven months. Addressing a follow-up question from Ms. Nathanson, he said that the proposed ordinance was improved by the amendment. Having received a unanimous vote of the council, the bill was passed and became Ordinance No. 20148. VII. OTHER Mr. Johnson reminded the council that its March 4 Council Packet included a memorandum titled "Supplemental Budget Number 3: Proposed Use of the General Fund Contingency." He encouraged the council members to seek answers to their questions prior to the meeting. The meeting adjourned at 8:50 p.m. Respectfully submitted, James R. Johnson Minutes--Eugene City Council March 8, 1999 Page 7 7:30 p.m. City Manager (Recorded by Yolanda Paule) Minutes--Eugene City Council March 8, 1999 Page 8 7:30 p.m.