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HomeMy WebLinkAboutCC Minutes - 03/15/99 MtgMINUTES Eugene City Council Council Chamber--City Hall March 15, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Nancy Nathanson, Pat Farr, Bobby Lee, Betty Taylor, Gary Rayor, David Kelly, Gary Pap~. Mayor James D. Torrey called the council meeting to order at 7:30 p.m. 1. PUBLIC FORUM Mayor Torrey outlined the rules for the public forum. Nama Glenn, 2740 Edison Street, Eugene, referred to a petition previously submitted to the council regarding Year 2000 preparedness and indicated she had more names to submit. She asked those present to indicate their concern about Year 2000 by standing. Eleven people stood. Ms. Glenn said that people either did not think they could do anything about Year 2000 or thought that the government would take care of them. She said that concerned citizens, businesses, hospitals, and the Sheriff's Department had prepared suggestions for actions the City and County could take. She said that people are interested in the topic, are generating positive ideas for action, and people can become involved and take action. Ms. Glenn said that there were no down sides to the Year 2000 issue as it led to the development of emergency preparedness plans and there was time to address its ramifications. Leah Frankel Podolsky, 2325 Riverview Street, Eugene, expressed concern about the community's lack of preparedness for Year 2000 and the City's unwillingness to take a leadership role in helping the community become prepared to face whatever emergencies that could happen, including earthquake and flood. She said that people wanted support to become empowered to handle crisis. She asked the council to support the Citizens Emergency Response Team (CERT) and that Eugene become active in that organization. Ms. Podalsky suggested that the City take advantage of the neighborhood associations to mobilize residents. Bob Podolsky, 2325 Riverview Street, Eugene, urged the council to take the Year 2000 situation seriously. He believed there were many ways it could turn out to be a disaster across the world. He endorsed the use of neighborhood groups and CERT in addressing the issue. Mr. Podalsky said the council could have an effect on the quality and persistence of life for community members. He said the council should take advantage of the information available, most of which indicated the situation was serious. He encouraged the councilors to call him with questions. Bruce Miller, PO Box 50968, Eugene, supported the continuation of the downtown mall exclusion and closure ordinances. He said that there were violent incidents on the mall and predatory behavior on the part of adults against Iow-income youth. He said that such a mix of streetwise adult predators and weak, "street-dumb" youth was dangerous. Mr. Miller said that other places have rules, and it was appropriate such rules existed for the mall. Rahnella Adsit, 28465 Siesta Lane, Eugene, expressed support for the CERT program. She said her concern was not limited to the Year 2000 issue but was emergency preparedness in general. She asked the council to support the CERT program. Ms. Adsit said that the information she received about Year 2000 at a Lane Community College class had frightened her very much, and she had prepared her family and was attempting to prepare her neighbors. She no longer had fear, and wanted other residents to feel the same and not be alone in facing the issue. Ms. Adsit discussed the impact of Year 2000 on other nations and suggested there were implications for the United States from those countries' lack of preparedness. Robert Roach, 2852 Willamette Street, #360, Eugene, noted his concern about emergency preparedness in general. He questioned why Eugene was not involved in the CERT training. He commended Mr. Lee and Mr. Kelly for their individual leadership on the Year 2000 issue. He recommended the council take a formal position on the Year 2000 issue and that the City take a proactive position in addressing its ramifications. Chuck Tombe, 1125 North 58th Street, Space 71A, Springfield, urged the council to take the Year 2000 situation seriously. He said that it could have a great impact on society. Mr. Tombe encouraged the council to read the information available and take the time to find out where the truth lies. Mariya Masters, PO Box 360, Springfield, represented the Neighborhood Awareness Network, indicated she had provided the name of the association's Eugene contact person, Anya Kumara, on the request-to-speak form. She said the network provided community gatherings and forums for people to get together and discuss their concerns about the Year 2000 situation. The network provided a variety of information from many sources to help people become personally prepared and assist them in organizing their neighborhoods. Ms. Masters said the network was holding a meeting on March 22 at the Emerald People's Utility District from noon to 3 p.m. that would include the viewing of a video regarding the topic from the Center for Strategic Studies. She requested the council's support for the network. Randy Prince, PO Box 927, Eugene, objected to City police vehicles traveling at a speed faster than a bicycle on the mall between Broadway and Willamette Street, suggesting that the police did it "just to see the mall rats scurry." He did not think that it was necessary for the police to use the mall when they had alternative routes. Mr. Prince said that such activities were not congruent with the politics of the community or the positive efforts of Mayor Torrey regarding youth. He suggested that it was also a risk management issue for the City organization. Mayor Torrey closed the public forum. Mr. Kelly thanked those testifying regarding the Year 2000 situation and asked staff to provide the information included with the petition submitted by Ms. Glenn to the Year 2000 management team. He assured those testifying that after what he considered a slow start the City was taking the Year 2000 situation seriously and had allocated supplemental budget funding to address it. Regarding the CERT program, Mr. Kelly said that the Eugene Fire Department was interested in creating a CERT program, but there was very little time at this point to create a functional program in time for December 31, 1999. The department was actively pursuing implementing the program over the longer term as a general emergency preparedness mechanism. Ms. Nathanson said that the council had several briefings about the Year 2000 situation and had discussed it several times. She regretted that those testifying were not made aware of those discussions or had not seen the minutes of the meetings reflecting those discussions. Ms. Nathanson said that the comments of those testifying confirmed the council's agreement that the City's plans were a good start and the City needed to do more. Mr. Lee confirmed that those offering testimony had not had occasion to speak to the council before on any topic. He expressed appreciation for their comments. He believed many important steps had been taken to address the situation. Mr. Farr said for many people it took considerable fortitude to speak in a public forum, and he thanked those testifying for speaking. He agreed with Mr. Kelly and Mr. Lee that the City was more prepared than it had been previously been. He believed that ensuring that small neighborhoods could function together in the case of an emergency was very important, and said he had asked the City Manager to prepare a package of information to distribute to small neighborhood groups about organizing for disasters. Mayor Torrey thanked those who spoke during the public forum. Regarding those who spoke about Year 2000 issues, Mayor Torrey said that the City would send them the materials prepared for the City Council about the Year 2000 situation. He asked that the package of information include the letter the council received from the group that was working on broadcast communications during power outages. He assured those testifying that the council was very concerned about the situation. 2. CONSENT CALENDAR A. Approval of City Council Minutes January 13, 1999, Lunch Work Session January 25, 1999, Dinner Work Session and Council Meeting February 8, 1999, Dinner Work Session February 8, 1999, Council Meeting B. Ratification of Intergovernmental Relations Committee Actions of February 23, 1999 C. Initiate and Call for Public Hearing for Easement Vacation for River Island Estates (EV 99-1) Mr. Meisner moved, seconded by Ms. Nathanson, to approve the items on the City Council Consent Calendar. Mayor Torrey noted a correction offered by Mr. Kelly to paragraph 1 on page 6 the minutes of January 13, 1999, which indicated incorrectly that Mr. Meisner had received the vote of Mr. Pap~ rather than Mr. Kelly. He determined there was no objection to the correction offered by Mr. Kelly. Mayor Torrey referred to the minutes of February 8, 1999, and said that Mr. Kelly requested the following correction (italicized text added): "He asked that information be provided on whether Urban Renewal District capital funds could be used..." Mayor Torrey determined there was no objection to the correction offered by Mr. Kelly. Mr. Lee offered the following correction to paragraph 6 on page 3 of the January 13 minutes (italicized text added, struck text deleted): "Mr. Lee said that race identity was ~ .......~ *~ .... '~ .... ~'~ *'-"-'~' it ......... ~ .... ~,, is a personal identity issue for many I'"''''''''''''''-~' ~'"''~ '-~'"'~ I'"'"'"'1'"""' ~"'""~ v,.,,.~ and people take this issue very seriously. Mayor Torrey determined there was no objection to the correction. Ms. Taylor asked that item B be pulled from the Consent Calendar. Mr. Rayor asked that item C be pulled from the Consent Calendar. The minutes were unanimously approved as revised. Mr. Meisner moved, seconded by Ms. Nathanson, to approve the actions of the Intergovernmental Relations Committee as set forth in the minutes of February 23, 1999 Ms. Taylor objected to the committee's decision to give House Bill 2393 and House Bill 2508 a status of Priority 1, Support. She said that there was no council policy governing the City's position, and she believed that existing penalties for assaulting a police officer were sufficient. Ms. Taylor moved, seconded by Mr. Rayor, to amend the motion by deleting the Priority 1, Support status for House Bill 2393 and House Bill 2508. Mr. Rayor believed that the bill had a chilling potential for borderline cases. He said that a person could lose their livelihood and freedom for crossing what he deemed to be a very fine line between another misdemeanor such as threatening an officer or resisting arrest. He suggested that the legislature be allowed to consider the issue without a recommendation from Eugene. Ms. Nathanson noted her support for the committee recommendation. She said that Representative Floyd Prozanski had introduced the bill. Ms. Nathanson pointed out that it was currently a felony to assault a bus driver in operation of a transit vehicle or an emergency medical technician while performing official duties. She believed that it was appropriate to raise the penalty for assaulting a police officer to the same level. Ms. Nathanson said that the committee asked staff if a person grabbing an officer or pushing an officer would constitute an act of assault, and staff indicated it did not. Mr. Farr concurred with Ms. Nathanson, saying that the council should provide officers with a deterrent from assault, which he believed would protect them more thoroughly than they are now. He opposed the amendment to the motion. Mr. Kelly asked about the legal definition of assault, and the penalty for assault on a citizen. Intergovernmental Relations staff Tim Black indicated he would refer that question to police staff. He noted that the frequency and violence of acts against police have increased in recent years. Without consequences, staff believed that such incidents would continue to occur. Mr. Lee asked about the fiscal impact of the bill on the City. Mr. Black said analysis did not indicate any local fiscal impact on the City. Mr. Lee indicated interest in a fiscal impact statement, saying that he tended not to support things without that information and a policy impact statement. He felt he was being "put on the spot" to vote on something and he could not do it. City Manager Jim Johnson said if the council felt "put on the spot," the motion could be withdrawn and staff directed to secure more information. Ms. Nathanson noted that Representative Prozanski introduced the bill out of concern that a police weapon could be potentially misused by someone assaulting an officer and result in danger to the public. Mr. Lee said that he did not question the intent of the bill but was concerned that the language of the legislation could be interpreted incorrectly by stakeholders across the state. He said he had not read the bill and could not support something he did not clearly understand. He said that given a hearing was scheduled, he favored voting, as long as the record reflected his concerns. Responding to a question from Mayor Torrey, Mr. Black said that the bill was the subject of a public hearing taking place before a House committee the following day at 8:30 a.m. Eugene Police Chief Jim Hill said that the bill concerned assault in the third degree, a Class C felony. Such assault must "intentionally, knowingly, or recklessly" cause physical injury to an officer in the performance of official duties. Responding to a question from Mr. Kelly, Chief Hill said that assault as discussed in the bill must result in physical injury; otherwise, it was classified as harassment. Spitting was considered harassment. He added that the assault statutes were based on a combination of degrees of physical injury and culpable mental state. Mr. Pap8 asked if intent must be proven. Chief Hill said yes. Mr. Meisner said he would oppose the amendment to the motion. Regarding Mr. Lee's comments about fiscal impact and policy impact statements, he pointed out that the council had none of that information for any of the bills under consideration, and if that was needed the council should request it. He said that a police officer was an agent of the City, sworn to act with a deadly weapon to protect the public. Assault against an officer was an attempt by an individual to prevent that officer from carrying out that responsibility. Mr. Meisner said that the bill would not criminalize an assault against an officer at home, only in the course of performing official duty. An act that injured an officer and prevented the officer from performing official duties deserved such a remedy. Ms. Taylor reiterated that there was a lack of council policy governing the committee's recommendation, and said she continued to believe existing penalties were sufficient. The motion to amend failed, 5:3; Mr. Rayor, Mr. Lee, and Ms. Taylor voting yes. The main motion passed, 7:1; Mr. Rayor voting no. Mr. Rayor continued to believe that the legislation reflected in House Bill 2393 and House Bill 2508 could be misused against lawful protesters. The council to item C, the easement vacation for Island River Estates. Mr. Meisner moved, seconded by Ms. Nathanson, to initiate the easement vacation request and set April 26, 1999, as the public hearing date to consider the vacation of the pedestrian and bicycle easement along the east and south sides of River Island Estates (EV 99-1 ). Mr. Rayor asked if the easement along the river front was platted at the time of development. City Engineer Les Lyle said yes. Mr. Rayor asked if the easement from that point to Goodpasture Island Road was platted at the development. Mr. Lyle said yes. Mr. Rayor asked how far to the north and south would there be another public access to the trail. Mr. Lyle said that there was an existing access point between the Boulders and River Island Estates at the north boundary of River Island Estates. He added that as the final design of the East Bank Bicycle Path from River Island Estates to Valley River Center was determined, staff would be considering additional connections to Goodpasture Island Road and the bicycle path. This connection was too close to the developed structures and residences, and staff did not feel it was a good connection as it presently existed. Mr. Rayor indicated he no longer wished to withdraw the item. Responding to a question from Mr. Pap~, City Attorney Glenn Klein said that he did not think Mr. Pap~ had a potential conflict of interest in the matter and did not need to recuse himself from the decision. Mayor Torrey asked if the bicycle path, if constructed through the Marist High School property, would travel to the south boundary of River Island Estates. Mr. Lyle said yes. Mayor Torrey asked if it was correct to state that construction would not occur until the Marist issue was resolved. Mr. Lyle said yes. Responding to a question from Ms. Nathanson, Mr. Lyle said that the vacation was conditioned on an agreement the City was attempting to enter into with River Island Estates to accommodate residents' concerns about issues raised during the Willamette Greenway permit process. City staff felt this portion of the bicycle path system was not well-placed, and wanted to relocate it. As staff proceeded through the set phase of design and associated permitting processes, it would be attempting to secure a better location for the connection, possibly further to the south. He added that following the public hearing, the council had the choice of deciding whether it would put the City at risk to approve a vacation at this time, but he believed the proposal was the result of a combination of needs. Mr. Farr observed that the City spent considerable money on bicycle paths along the river and in downtown, but relatively little in the Bethel/Danebo area. He expressed the hope that there would be more parity in bicycle path funding in the future. The motion passed, 8:0. At the request of Mr. Lee, the council reordered the agenda. 3. ACTION: ADOPTION OF AN ORDINANCE CONCERNING THE DOWNTOWN MALL; AMENDING SUBSECTION 4.680 OF THE EUGENE CODE, 1971; AMENDING THE SUNSET PROVISION OF SECTION 3 OF ORDINANCE NO. 20122; AND DECLARING AN EMERGENCY; AND ADOPTION OF AN ORDINANCE CONCERNING THE DOWNTOWN MALL; AMENDING THE SUNSET PROVISIONS OF SECTION 2 OF ORDINANCE 20121; AND DECLARING AN EMERGENCY Chief Hill provided the staff introduction. He said that the ordinances, which closed the mall during the night time hours and provided for the exclusion of individuals violating the law on the mall, were passed by the council the previous summer and had sunset provisions that expired on March 31, 1999. Chief Hill said that responses to the questions asked by the council during the work sessions and following the public hearing had been prepared by staff. He said that staff did not believe that the ordinances by themselves were the solution to the mall's problems. There were both social and environmental problems on the mall, and staff believed the ordinances were a short-term, stop-gap approach to some of those problems. Chief Hill assured the council the department continued to work with social services providers, private businesses, and other affected stakeholders to address some of those larger issues. He said that the department would also work on issues of displacement where they Occur. Mr. Johnson announced that the council would consider Council Bill 4680, adoption of an ordinance concerning the downtown mall, amending Section 4.680 of the Eugene Code, 1971; amending the sunset provision of Section 3 of Ordinance No. 20122; and declaring an emergency. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4680, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote. The motion was adopted unanimously, 8:0. Mr. Johnson announced that the council would consider Council Bill 4680 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4680 be approved and given final passage. Roll call vote. Ms. Taylor did not support extending the mall closure ordinance, saying that public places should be open to the public. Mr. Meisner said that he had received several calls from senior citizens who supported the mall closure as part of the solution to some of the problems downtown. He agreed that neither ordinance was the solution but were a factor in improved conditions on the mall. He said that he had received no complaints about the ordinances and believed the questions raised were resolved. He noted that the council would review the ordinances again. Mr. Farr regretted that the acts of a few had implications for the movement of so many people. The motion passed, 6:2, and became Ordinance 21049. Mr. Lee and Ms. Taylor voted no. Mr. Johnson announced that the council would consider Council Bill 4684, adoption of an ordinance concerning the downtown mall, amending the sunset provision of Section 2 of Ordinance No. 20121; and declaring an emergency. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4684, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote. The motion was adopted unanimously, 8:0. Mr. Johnson announced that the council would consider Council Bill 4684 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4684 be approved and given final passage. Roll call vote. Mr. Kelly said that he supported a strong and vibrant downtown. He believed the exclusion ordinance had addressed some crowd control and safety problems and he had a good impression of staff enforcing the law. However, he was troubled by the lack of separation between the duties of law enforcement and the duties of the judicial system. Mr. Kelly said that although the ordinance included an appeal process, it constituted punishment at arrest rather than punishment at conviction, which he believed moved the City "down a slippery slope." He indicated that he would oppose the motion. Mr. Lee said he also opposed the motion. He acknowledged his decision was based on emotion and his belief the community must realize that the way to improve downtown was by helping the youth who were there. He said that the ordinance had displaced the problems that existed on the mall to other locations, creating conflict between merchants in the core. Mr. Lee said that the City must take a comprehensive approach to the problems downtown. He added that many laws already exist to address the problems identified by staff. Mr. Meisner indicated support for the ordinance. He said that it did not create or continue identifying a single area in the city where notices of exclusion could be issued; such notices could be issued in every City park and the library. Based on the record, exclusions in the parks had worked well, and there was a ten percent recidivism rate. Regarding Mr. Kelly's remarks regarding the separation of powers, Mr. Meisner said he understood the concern but police already send people to jail upon arrest and prior to a judicial arraignment, which may or may not be speedy. In this case, there was an opportunity for an appeal that precluded the enforcement of the notice and people received information about that process. Mr. Johnson noted that it would require six affirmative votes for the motion to implement the emergency provision. In the absence of six affirmative votes, the old ordinance would expire March 31 and the new ordinance would be implemented on April 15. Mr. Pap~ noted his constituents' support for the ordinance. Responding to a question from Mr. Rayor, Mr. Klein confirmed that a decision of the Municipal Court judge to sustain an exclusion could be appealed to Circuit Court. Mr. Pap~ called for the question. Ms. Taylor seconded the motion. The motion to call the question passed unanimously, 8:0. The motion was adopted 5:3, Mr. Kelly, Ms. Taylor and Mr. Lee voted no, and became Ordinance 20150. Mayor Torrey called for a brief recess. Mr. Lee left the meeting during the recess. 4. PUBLIC HEARING: RESOLUTION CONCERNING CITY OF EUGENE SUPPLEMENTAL BUDGET #3 FOR FISCAL YEAR 1999 Mr. Johnson invited questions from the council. Responding to a question from Mr. Kelly, Mr. Johnson confirmed that the costs of the Glenwood sewer construction project were included in the transfer of jurisdiction agreement between the cities of Springfield and Eugene. Mr. Kelly asked why the computer network upgrade funding came up in the supplemental budget rather than in the regular budget cycle. Hillary Kittleson, Administrative Services Department, said that the reserves were previously specifically identified for the network upgrade, and the City was now ready to begin work on the project. Mayor Torrey opened the public hearing. David Hinkley, 1308 Jefferson Street, said he represented the owners of A&K Development, located on Taylor Street in the Whiteaker neighborhood. He called the council's attention to page 79 of the meeting packet, Attachment A, which included a line item indicating that revenues from the A&K Development street vacation would be placed into the Neighborhood Traffic Calming Fund. Mr. Hinkley said that his understanding from a review of the council's minutes was that the revenues were to pay for traffic calming designed to prevent trucks traveling to and from the A&K Development site from traveling the residential areas of the neighborhood. He asserted that the supplemental budget directed the revenues to a fund where there would be competition for other projects. Mr. Hinkley asked that the budget be revised to be explicit that the revenues were dedicated to traffic calming in the vicinity of A&K Development to ensure the project was built, to maintain the integrity of the list of existing traffic calming projects, and to avoid creating an invitation to citizens to "micro manage" the budget. Carla Zimmerman, 1941 Four Oaks Grange, asked the council to fund the Summer Youth Program as proposed in the budget. She said she worked for the Maude Kerns Art Center and served as the program coordinator for the center's Youth Artworks Program at Amazon Community Center. Ms. Zimmerman described the center's partnership with the City in providing the program and with other organizations serving youth. She endorsed funding for the Roving Artists Program, and described the scope of the program, youth populations served, and the benefits of the program. Dustin Martin, 907 Almaden Street, asked the council to support the proposed funding for the Summer Youth Program. He noted that he was a representative of the Committed Partners for Youth, and discussed his organization's program and involvement in the Summer Youth Program. Mr. Martin said that youth need someplace to be, and the program provided them with options. George Hawley, 1176 West 7th Avenue, said he worked for Looking Glass's New Roads Program, and thanked the council for funding the Summer Youth Program in 1998. He asked the council to support the funding proposal for the program's operations in 1999. He described the population served by New Roads and the programming offered to youth. Responding to testimony from Mr. Hinkley, Mr. Lyle said that he understood that the value of the right-of-way involved was specifically dedicated for traffic calming in the vicinity of A&K Development; $37,000 was earmarked for that purpose in the supplemental budget. Responding to a question from Mayor Torrey, Mr. Klein said that the council's legislative intent regarding the expenditure was clear, and he did not think it was necessary for the council to change the supplemental budget. Mr. Lyle described the scope of the project and staff's understanding of the manner in which it would be phased. Mr. Meisner said that the council's discussion during the previous fall had included reference to the phases of the project, although the phases were more frequently referred to as the direct and indirect impacts of the development. Mr. Lyle concurred. He said that staff recognized the unique nature of the funding and the project would not change the existing traffic calming project priority list. Mr. Farr said that he was encouraged by the impact of the Summer Youth Program, the result of a recommendation by the Council Committee on Homelessness and Youth, and believed it was an example of an approach that took a relatively small amount of money and leveraged a tremendous amount of service throughout the community. He said that by approving the proposed budget, the council would ensure that more than 3,000 youth were served in 1999. M. Farr thanked those testifying on behalf of the program for their hard work in making it a success. He acknowledged the presence of Pearl Wolfe, who had also contributed to the program's success. Mr. Kelly concurred with Mr. Farr's remarks and indicated his appreciation for the program and the services it leveraged. He also thanked those testifying on behalf of the program. Responding to a question from Mr. PapS, Mr. Hinkley said that he was assured the City would construct the traffic calming project in the vicinity of A&K Development, but continued to be concerned that the language in the supplemental budget placed the money into the fund without specifically earmarking it. Theoretically, Mr. Hinkley said, the department could do what it wished with the funds. Mr. Johnson emphasized that the council's intent was clear to staff and it intended to follow the council's intent. Mayor Torrey closed the public hearing. He determined that there was no council opposition to proceeding with the supplemental budget. Mr. Meisner moved, seconded by Ms. Nathanson, to adopt Resolution 4586, a resolution to approve Supplemental Budget #3, making appropriations for the City of Eugene for the fiscal year beginning July 1, 1998, and ending July 30, 1999. Roll call vote. Ms. Taylor said that she would support the motion but wanted more information about things like the Summer Youth Program. Responding to a question from Mr. Pap8 regarding the budgeted amount recognizing increased revenue and program expenses for the swimming pools, Ms. Kittleson clarified that the amount was unrelated to the Amazon Pool renovation. The motion passed unanimously, 7:0. 5. ACTION: RESOLUTION 4587 ESTABLISHING HAZARDOUS SUBSTANCE USER FEES FOR 1999; AND REFERRING THE ISSUE OF FEE STRUCTURE RESTRICTIONS IN STATE LAW TO THE INTERGOVERNMENTAL RELATIONS COMMITTEE Glen Potter of the Eugene Fire Department was present to answer questions. Mr. Meisner moved, seconded by Ms. Nathanson, to adopt Resolution 4587 establishing hazardous substance user fees for 1999. Mr. Kelly moved, seconded by Mr. PapS, to amend the motion by stipulating the base fee would be $500 rather than $1,000, plus the appropriate per-employee amount. Mr. Klein identified changes to the resolution that would be required if the amendment to the motion was adopted. Mr. Kelly shared the Toxics Board's frustration at the City's inability to base the fee on a company's actual chemical use because of restrictions in existing State law. He pointed out that there had not been overwhelming consensus on the recommended fee change on the part of the board. He said that $500 reduced the largest employer's burden by several thousand dollars, whereas raising the rates increased the rate for 31 of 43 reporting companies. He felt that the issue was related to equity, and until there was legislative changes to existing State law he preferred the lower number. Mr. Rayor concurred with Mr. Kelly's remarks and favored the lower amount until changes to the State law were made. Mr. Meisner supported the amendment. He said that maintaining continuity and consistency over the next few years was important. He understood the board's rationale about the largest company covered by the program, but was more sympathetic to the small companies whose rates would increase by about 60 percent to provide relief to the larger companies. Mr. Meisner said that the number of employees was not a direct indicator of a company's ability to pay the fee, but was an indicator of sorts. Mr. Farr said that he was reluctant to vote against the majority of the Toxics Board and would oppose the amendment. The amendment to the motion passed, 6:1; Mr. Farr voting no. The main motion to adopt resolution 4587 passed unanimously, 7:0. 6. ACTION: APPROVAL OF MINUTES, FINDINGS, AND RECOMMENDATIONS FROM THE HEARINGS OFFICIAL; AND ADOPTION OF AN ORDINANCE LEVYING ASSESSMENTS FOR BARGER DRIVE AND LEGACY STREET AREA IMPROVEMENTS, AND DECLARING AN EMERGENCY (CONTRACT #98-02) (JOB NO. 3503) Mr. Meisner moved, seconded by Ms. Nathanson, to approve the minutes, findings, and recommendations of the Hearings Official. Roll call vote. The motion passed unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4682, adoption of an ordinance levying assessments for Barger Drive and Legacy Street area improvements, and declaring an emergency. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4682, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote. The motion passed unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4682 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4682 be approved and given final passage. Roll call vote. Mr. Farr noted that Mel Lemon had concerns regarding the passage of the ordinance, in particular the farm property deferral. He asked if Mr. Lemon was satisfied with the outcome of his discussions with City staff. Mr. Lyle responded that Mr. Lemon's property was outside the city limits, and staff suggested he discuss the continuation of the deferral with Lane County. He reminded the council that it had adopted a large lot deferral program which staff had hoped the County would support; the County had chosen not to support the program to this point, and Mr. Lemon was disappointed by that. Mr. Lyle had recommended he discuss the issue with the County. Responding to a question from Mr. Rayor, Mr. Lyle said that there were a few properties outside the city limits that the City would not be assessing for storm or wastewater services because those services could be extended until annexation occurred. Those properties were included in the calculation of cost per square foot for the distribution. He said that the City would bear the initial costs of those improvements and assess those properties an equivalent assessment upon annexation. Mr. Rayor asked what authority the City had to require that repayment. Mr. Lyle said that those payments were required for properties to connect to public facilities. Mr. Farr said that the project was associated with the new school complex on Meadowview Drive, and made the school project possible. Responding to a question from Mr. Pap~, Mr. Lyle identified double-fronted lots included in the project. He said that there were four of five such properties located on a private street in the subdivision; as a condition of development, the owners had submitted an irrevocable petition that recognized only those lots along Barger Drive would be included in a future local improvement district. The motion passed unanimously, 7:0, and became Ordinance 20151. 6. ACTION: APPROVAL OF MINUTES, FINDINGS, AND RECOMMENDATIONS FROM THE HEARINGS OFFICIAL; AND ADOPTION OF AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS, GUTTERS, SIDEWALKS, AND STORM SEWERS ON BRICKLEY ROAD FROM DEBRICK ROAD TO HAMMOCK STREET, AND DECLARING AN EMERGENCY (CONTRACT #98-04) (JOB NO. 3549) Mr. Meisner moved, seconded by Ms. Nathanson, to approve the minutes, findings, and recommendations of the Hearings Official. Roll call vote. The motion passed unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4683, adoption of an ordinance levying assessments for paving, curbs, gutter, sidewalks, and storm sewers on Brickley Road from Debrick Road to Hammock Street, and declaring an emergency. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4683, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote. The motion passed unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4683 by number only. Mr. Meisner moved, seconded by Ms. Nathanson, that Council Bill 4683 be approved and given final passage. Roll call vote. The motion passed unanimously, 7:0, and became Ordinance 20152. The meeting adjourned at 9:41 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Kimberly Young)