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HomeMy WebLinkAboutCC Minutes - 11/08/99 Mtg MINUTES Eugene City Council Council Chamber--City Hall November 8, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Nancy Nathanson, Gary Rayor, Betty Taylor, David Kelly, Gary PapS. COUNCILORS ABSENT: Pat Farr, Bobby Lee. Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1.PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. Nick Urhausen, 2858 Warren Street, spoke against the council resolution against Hyundai. He opined that the City was discriminating against Koreans and that there was no representation for Koreans in the community. Misha Seymour, 1313 Lincoln Street, voiced his concern over comments that he heard Mayor Torrey had made regarding the June 18 incident. He was concerned that the Mayor was condoning vigilantism. Tom Slocum, 1950 Graham Drive, raised concern over the council resolution against Hyundai. He said that the council was "off base" and that Councilor Kelly's comments regarding what went on was a justification for poor politics. He asked for the council to give Hyundai a chance. He raised concern that Hyundai was condemned before the appeal process had taken place. Charles Biggs, 2405 Willakenzie Road, raised concern over the design of the new library and its inadequacies regarding bicycle parking. Keith Nastiuk, 551 Montara Way, challenged the council on the Hyundai resolution. He commented that there was no input from businesses in the city on the councils decision. He also commented that there were too few councilors making the decision. He raised concern over the possibility of hidden/personal agendas within the council. Mayor Torrey called for councilor response. Councilor Rayor asked for a written report on bicycle parking at the library. MINUTES--Eugene City Council November 8, 1999 Page 1 7:30 p.m. Councilor Kelly took grave offense to Mr. Urhausen's comments that the council was discriminating against people in the community. He said that there were rumors about the process regarding the resolution that were not true. He noted that the resolution was an announced agenda item and went on to say that, other than ordinances, the council made no distinction between action and nonaction items and that a motion was in order at any time. Mr. Kelly also commented that there was discussion of a work session to clarify the wording of the resolution. Councilor Taylor commented on the importance of having an abundance of secured and covered bicycle parking at the new library. City Manager Johnson responded to Mr. Seymour's comments about June 18. He noted that the case in question had been taken to a grand jury and that the grand jury had refused to prosecute. He said that the process was followed and that the district attorney had handled the situation appropriately. Mayor Torrey said that he had never made the statement that was attributed to him regarding the June 18 incident. 2.CONSENT CALENDAR A. Approval of City Council Minutes September 8, 1999, Work Session; September 27, 1999, Work Session; October 11, 1999, Council Meeting Councilor Meisner, seconded by Councilor Nathanson, moved to approve the items on the Consent Calendar. Councilor Kelly offered corrections to the minutes of September 27. He noted the misspelling of the term "eminent domain" in paragraph 6 on page 2. He also noted that the heading of the agenda item on page 5 should read "Draft Arterial and Collector Street Plan." Mr. Kelly clarified the second sentence in paragraph one under that heading by suggested it be reworded to read "He wondered what the council would receive prior to approval of the plan." Councilor Kelly went on to offer a correction to the minutes of October 11 by noting that it was a regular meeting and not a dinner work session as indicated in the document. Councilor Rayor asked that the word "man" in the remarks attributed to him on page 5 of the September 8 minutes be changed to "human." Councilor Taylor offered a correction to paragraph 5 on page 7 of the minutes of September 8. She asked that the first sentence be changed to read: "Councilor Taylor said that, whatever definition of sustainability the council adopted, it should include the concept of not compromising the ability of future generations to meet their needs, and that it should make clear that those needs require the protection of the environment." MINUTES--Eugene City Council November 8, 1999 Page 2 7:30 p.m. Councilor Nathanson offered a correction in behalf of Councilor Lee to the minutes of September 27. Mr. Lee asked to substitute the words "United States Congress" for the words "President Clinton" in the remarks attributed to him on page 5. The motion passed unanimously. 3.PUBLIC HEARING AND ACTION: ORDINANCE CONCERNING SYSTEMS DEVELOPMENT CHARGES AND AMENDING SECTIONS 7.725 AND 7.730 OF THE EUGENE CODE, 1971 Mayor Torrey opened the public hearing. He noted that the same rules applied for the public hearing as the public forum. Derrick Stewart, 1075 Washington Street, raised concern over the systems development charges (SDCs) recently assessed to a building he had purchased. He noted that the building was originally designed as an office for doctors. He said that the SDCs were against the City Council's goals of a thriving downtown area. He urged the council to change the wording in the ordinance to read "any prior usage" instead of "last use." Mayor Torrey closed the public hearing. Councilor Kelly clarified that the ordinance to be voted on that evening would compare a proposed use to the highest previous use as long as the owner could document that use. City Engineer Les Lyle, Public Works Department, said that if the dwelling was completely converted to the new use and not just a portion of the development site, there was specific language in the proposed code that clarified that. Councilor Nathanson read a section of the code that applied to the specific case being discussed. Regarding the August 9 applicability date, Mr. Lyle said that the amendment to the ordinance was a result of the public hearing held by the council on August 9. He said he was recommending that any application in process before or after August 9 should be considered under the new provisions. Councilor Meisner raised concern that houses downtown were being converted to businesses. He wanted to deter converting houses in the downtown area as a result of incentives that maybe inadvertently created through SDCs. Mr Johnson asked that the council consider Council Bill 4709, an ordinance concerning systems development charges, and amending sections 7.725 and 7.730 of the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, 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. The motion passed unanimously. Mr. Johnson asked that the Council Bill 4709 be read by number only. MINUTES--Eugene City Council November 8, 1999 Page 3 7:30 p.m. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed unanimously, and the bill became Ordinance 20175. 4.PUBLIC HEARING AND ACTION: ORDINANCE CONCERNING EROSION PREVENTION AND AMENDING SECTIONS 2.018, 6.406, 6.635, 6.640, AND 7.010 OF THE EUGENE CODE, 1971 In response to a question by Councilor Taylor regarding why the ordinance did not apply to sites smaller than one acre, City Engineer Les Lyle said that the one acre would be an interim threshold while the implications of the salmon listing as an endangered species and the new federal 4D rules were being evaluated. He noted that it was possible that he would again come before the council in the future to discuss further changes as a result of the salmon listing. Councilor Taylor expressed a desire to see the ordinance apply to areas smaller than one acre. She also commented that the penalties were vague. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for councilor comments/questions. City Attorney Glenn Klein explained minor wording changes in the ordinance. Mr. Johnson asked the council to consider Council Bill 4711, an ordinance concerning erosion prevention and amending sections 2.018, 6.635, 6.640 and 7.010 of the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, 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 Kelly stated that he understood the idea of the ordinance, but cited a situation in his ward where a waterway was filled without having a permit. He raised concern that citizens could alter existing waterways as long as they did not create additional sediment. Mr. Lyle said that the ordinance being discussed was primarily concerned with erosion control. He added that there were other provisions within the Eugene Code, such as site review conditions and site grading permits, that would better address Councilor Kelly's concerns. Mr. Klein added that the City could take action if a citizen filled a particular waterway over which the City had a prescriptive easement because the citizen would have infringed upon the City's property rights. Councilor Nathanson stressed the need that the ordinance be understood by City staff and members of the public. She also stressed that the penalties for violation should be adequate. The motion passed unanimously. Mr. Johnson asked the council to consider Council Bill 4711 by number only. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed unanimously, and the bill became Ordinance 20177. MINUTES--Eugene City Council November 8, 1999 Page 4 7:30 p.m. 5.PUBLIC HEARING AND ACTION: ORDINANCE CONCERNING NATURAL GAS SUPPLIER TAX; AMENDING SECTIONS 3.600, 3.605, 3.610, 3.615, 3.620, AND 3.625 OF THE EUGENE CODE, 1971; AND PROVIDING AN EFFECTIVE DATE In response to a question from Councilor Pap~ regarding the fees that other cities charged gas companies, Ms. Koble replied that when Eugene was negotiating the renewal of the franchise agreement it had obtained information from the League of Oregon Cities that put Eugene well in line with what other cities were charging. Councilor Kelly thanked staff for producing a very clear item summary. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for comments/questions from the council. Mr. Johnson asked the council to consider Council Bill 4710, an ordinance concerning natural gas supplier tax; amending sections 3.600, 3.605, 3.610, 3.615, 3.620 and 3.625 of the Eugene Code, 1971; and providing an effective date. Councilor Meisner, seconded by Councilor Nathanson, 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. The motion passed unanimously. Mr. Johnson asked the council to consider Council Bill 4710 by number only. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed, and the bill became Ordinance 20176. MINUTES--Eugene City Council November 8, 1999 Page 5 7:30 p.m. 6.PUBLIC HEARING AND ACTION: ORDINANCE CONCERNING ACCEPTANCE OF REAL PROPERTY ACQUISITIONS AND ADDING SECTION 2.017 TO THE EUGENE CODE, 1971 The council requested a brief overview of the ordinance. Kate Fieland, Deputy City Recorder, provided information to the council. She said that when the State Legislature enacted the new provision it changed the process on what needed to be done prior to recording documents that granted property or interest in property to the City. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for councilor comments/questions. Mr. Johnson asked the council to consider Council Bill 4712, an ordinance concerning acceptance of real property acquisitions and adding section 2.017 to the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, 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. The motion passed unanimously. Mr. Johnson asked the council to consider Council Bill 4712 by number only. Councilor Meisner, seconded by Councilor Nathanson, move that the bill be approved and given final passage. The motion passed unanimously, and the bill became Ordinance 20178. 7.PUBLIC HEARING AND ACTION: ORDINANCE CONCERNING PARKING METERS, AND AMENDING SECTION 5.310 OF THE EUGENE CODE, 1971 The council had a general discussion of parking meters. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for council questions/comments. Mr. Johnson asked council to consider Council Bill 4713, an ordinance concerning parking meters, and amending section 5.310 of the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, 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. The motion passed unanimously. Mr. Johnson asked that council consider Council Bill 4713 by number only. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed unanimously, and the bill became Ordinance 20179. MINUTES--Eugene City Council November 8, 1999 Page 6 7:30 p.m. The meeting adjourned at 8:35 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council November 8, 1999 Page 7 7:30 p.m.