11/25/1985 Meeting (2) - Laserfiche WebLink

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assessment. Mr. Bryson asked the council to approve the staff recommendation e applying the City's formula, which would allow Schaefers Bros. to collect the rebate to which they were entitled. No further requests to speak were made, and Mr. Hansen closed the public hearing. Mr. Gleason said the ordinance had been amended to reflect final objections received today. Ms. Ehrman asked whether the recommendation from the Hearings Officer was being considered. Keith Martin, of the City Attorney's Office, said the adjustment in the assessment would allow judicial review of the council's decision after the ordinance was adopted. He said only the first reading would be done tonight, to allow court settlement of the rebate issue, and once settlement was reached, the council could take final action on the assessment adjustment. He also said those testifying on the Quackenbush Property would have standing to seek review of the council IS assessment adjustments after adoption of the ordinance. He said staff thought the record was more than complete to substantiate the council IS discretion about distribution of the $600,000, that the appropriate recipient was noted in the staff report, and the use of an appropriate method to calculate the ajustment was within council discretion and based on substantial evidence. CB 2863--An ordinance adjusting 10th and Oak Overpark special benefit assessments and declaring an emergency. e Ms. Schue moved, seconded by Mr. Holmer, that the bill be read by council bill number only, that the City Council adopt first reading of the ordinance and have it presented for second reading and enactment following the Circuit Courtls approval of settlement agreements and the entry of judgment in the case of The Cit~ of Eugene v. Ebella Corp. et a1. (case #16-84-06460). Roll ca 1 vote; the motion carried unanimously, 7:0. Ms. Schue moved, seconded by Mr. Holmer, to authorize the City Manager, subject to Circuit Court approval, to execute the settlement agreements relating to The City of Eugene v. Ebe11a Corp. et ale (case #16-84-06460). Roll call vote; the motion carried unanimously, 7:0. III. FRANCHISE AGREEMENT WITH AMERICAN TELEPHONE AND TELEGRAPH COMPANY (memo, ordinance distributed) Mr. Gleason introduced the agenda item. Finance Director Warren Wong presented the staff report. He said AT&T had approached the City about using the City right-of-way to lay a fiber optics cable from 10th and Oak to Blanton Heights. He said AT&T did not have a franchise agreement with the City, but the charter provided for franchise agreements which called for assessments based on a percent of revenue. Mr. Wong said an agreement had been negotiated to charge AT&T $1 per linear foot, because of the difficulty in determining e MINUTES--Eugene City Council November 25, 1985 Page 11