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HomeMy WebLinkAboutCC Minutes - 05/29/07 City Council Meeting M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall May 29, 2007 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, Mike Clark, Alan Zelenka, Chris Pryor, George Poling, Bonny Bettman, and Betty Taylor. Mayor Kitty Piercy called the regular meeting of the Eugene City Council to order. 1. PUBLIC FORUM Mayor Piercy reviewed the rules of the public forum. Joe Collins , 2233 Hawkins Lane, did not feel that three minutes was enough time to give the presentation he wished to provide. He wished to comment on future expenditures being considered by the City/County area. He listed the issues that caused him concern, as follows: a new city hall/police department building, the purchase of 65 acres in the south hills, the purchase of two properties downtown, and redevelopment in the downtown area. He said it appeared that the city of Eugene was being made into a “San Francisco or Ashland north.” He continued listing his issues: improvement to downtown parking, a proposal to raise money through a three-cent gas tax for street repairs, an increase in garbage rates, and a wage hike for County employees. He opined that the voters of Lane County had spoken against new taxes. He believed that the voters wanted the “people in charge” to cut expenditures and “live within a budget.” He suggested that the items he listed be “dropped from future consideration.” Mr. Collins related experiences in his life in which he had to reduce expenditures and live within his budget. Paul Romain , 707 Southwest Washington Street, Suite 927, Portland, spoke on behalf of the Oregon Petroleum Association. He conveyed the association’s opposition to the proposed gas tax increase. He believed it should be submitted to a vote of the people. He said if the tax was imposed, the association would gather signatures for an initiative to put the entire gas tax, both the proposed increase and the existing five-cent per gallon tax, to a vote. Mayor Piercy closed the public forum and invited comments and questions from councilors. No comments were offered at this time. MINUTES—Eugene City Council May 29, 2007 Page 1 Regular Meeting 2. CONSENT CALENDAR A. Approval of City Council Minutes - February 26, 2007, Work Session - April 9, 2007, Work Session - April 9, 2007, City Council Meeting - April 16, 2007, Workshop B. Approval of Tentative Working Agenda C. Approval of Funding for Affordable Housing Projects D. Initiation of Land Use Code Amendment CA 07-1: Upon Amendment of Willakenzie Area Plan, Incorporate Amended Policy Language into Eugene Code E. Appointment to Lane Workforce Partnership Board F. Appointment to Citizen Planning Committee for Whilamut Natural Area of Alton Baker Park G. Interim Appointment to Human Rights Commission H. Ratification of Intergovernmental Relations Committee Actions of April 26, 2007 Councilor Ortiz, seconded by Councilor Pryor, moved to approve the items on the Consent Calendar. Councilor Bettman noted that she had submitted corrections to the minutes electronically. She pulled Item D for discussion. Mayor Piercy deemed the corrections to the minutes, without objection, approved. Roll call vote; the motion to approve the Consent Calendar, with the exception of Item D, passed unanimously, 8:0. Regarding Item D, Councilor Bettman alleged that people who were wealthy enough to hire land use planners and lawyers could “play this exclusive lottery” which, if they then win, is akin to “winning a sweepstakes.” She felt it created extraordinary inequity in the community. She believed the zone change would be a “major windfall” to the developer. She averred that what was proposed constituted both a change in the use of the land within the node and a change in the intensity of use in the node. She indicated she would oppose the item. Roll call vote; the vote to approve Item D, initiation of a land use code amendment CA 07-1 to the Willakenzie Area Plan was a tie, 4:4; councilors Pryor, Poling, Solomon, and Clark voting in favor and councilors Ortiz, Zelenka, Taylor, and Bettman voting in opposition. Mayor Piercy voted for Item D and it passed. Mayor Piercy stated that Item G should not have been included in the motion to approve the Consent Calendar as there was not a name associated with the appointment. She requested submittal of names for appointment to the interim position on the Human Rights Commission. Councilor Ortiz, seconded by Councilor Pryor, moved to appoint Mo Young to fill the in- terim position. Councilor Clark, seconded by Councilor Poling, moved to substitute Mary Otten for the po- sition. MINUTES—Eugene City Council May 29, 2007 Page 2 Regular Meeting Councilor Bettman commented that it would be a tough choice. Councilor Ortiz averred that Ms. Young would be a good choice, given her history with the Human Rights Commission. Roll call vote; the motion to amend passed, 5:3; councilors Taylor, Ortiz, and Zelenka vot- ing in opposition. Roll call vote; the main motion passed, as amended, 7:1; Councilor Ortiz voting in opposi- tion. 3. ACTION: An Ordinance Concerning Motor Vehicle Fuel Dealer’s Business Licenses; Repealing Section 3 of Ordinance 20337; and Amending Section 3.467 of the Eugene Code, 1971 Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4941, an ordinance concerning motor vehicle fuel dealer’s business licenses. City Manager Dennis Taylor stated that the item was one of the components of the transportation system funding package. He recommended approval of the ordinance. Councilor Clark, seconded by Councilor Pryor, moved to amend 3.467(b) of the proposed ordinance to read: “Pay a license tax computed on the basis of $0.07 (seven cents)…” Councilor Clark felt it was important that the citizens of Eugene see that the City Council genuinely recognized that solving the transportation facility problem was a priority. He believed that moving some General Fund moneys toward this solution as the council moved into its priority-setting session would create a more viable option that would attain more broad public support. He expressed concern that the council action might otherwise jeopardize the solution. He urged his colleagues to support the amendment. Councilor Poling indicated his support for the amendment in the event that the main motion passed. He reiterated his opposition to the main motion. Councilor Bettman believed there was majority support on the council to address the transportation issues. She wanted to find an equitable and sustainable way to do so. She felt a carbon tax was the most sustain- able approach to this funding. She indicated she would oppose the amendment. In response to a question from Councilor Bettman, Executive Director of the Public Works Department Kurt Corey stated that the original ordinance was unchanged with the exception of two specific areas. He assured her that it explicitly excluded the expenditure of funds on new capacity. Councilor Zelenka stated that the transportation funding proposal was a package put together with a lot of thought. He opposed the amendment. He added his feeling that the tax was the most appropriate funding mechanism as it was most closely akin to a “carbon tax.” MINUTES—Eugene City Council May 29, 2007 Page 3 Regular Meeting Councilor Ortiz expressed her opposition to amending the motion. She wanted to support the funding proposal package as set forth by the Council Subcommittee on Transportation Funding Solutions. She added that the voters would let the councilors know whether they appreciated the funding mechanism by voting for or against the councilors in the next election. Councilor Pryor stressed that the subcommittee had worked to compromise on the package. He said he had not wanted to have a three-cent increase but all of the subcommittee members had issues with one or another funding mechanism. He remarked that each of the subcommittee members had “held [his or her] nose” and voted for a part of the package. He did not wish to continue haggling over the details because doing so prevented the roads from being fixed. He opposed the amendment for this reason. Councilor Clark commented that he was uncomfortable trying to change the package that the subcommittee had worked hard to create. He appreciated the work that had gone into it. Nonetheless, he believed that the constituents wanted the City to fix the problem for the amount of money it already had. City Attorney Glenn Klein reviewed the Eugene City Code and affirmed that the ordinance specifically stated that no revenue generated by the tax would be used to enhance transportation capacity. Roll call vote; the amendment failed, 6:2; councilors Clark and Poling voting in favor. Councilor Poling, seconded by Councilor Pryor, moved to amend the ordinance by: (a) deleting the phrase “and amending Section 3.467 of the Eugene Code, 1971” from the caption; and (b) deleting Section 1 and renumbering Sections 2, 3, and 4 to 1, 2, and 3. Councilor Poling explained that the amendment would drop the sunset date on the two-cent increase, maintaining the current gas tax at five cents per gallon. Roll call vote; the amendment to the motion failed, 7:1; Councilor Poling voting yes. Councilor Poling, seconded by Council Pryor, moved to amend the ordinance by adding a new Section 5 that provides: “Notwithstanding Section 3 of this Ordinance, the amendment to Subsection 3.467(b) as set forth in Section 1 shall not become effective unless it is approved by the voters of the City at the May 2008 election.” Roll call vote; the amendment failed, 6:2; councilors Poling and Clark voting yes. Roll call vote; the main motion passed, 6:2; councilors Poling and Clark voting in opposi- tion. 4. ACTION: An Ordinance Concerning Wastewater Service and Amending Sections 6.406 and 6.411 of the Eugene Code, 1971 Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4946, an ordinance concerning wastewater service. Roll call vote; the motion passed unanimously, 8:0. MINUTES—Eugene City Council May 29, 2007 Page 4 Regular Meeting 5. ACTION: An Ordinance Concerning Setting Fees and Charges and Amending Sections 2.020, 2.442, and 6.411 of the Eugene Code, 1971 Councilor Ortiz, seconded by Councilor Pryor, moved that the City Council adopt Council Bill 4947, an ordinance concerning setting fees and charges. Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 8 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council May 29, 2007 Page 5 Regular Meeting