10/14/1991 Meeting (2) - Laserfiche WebLink

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e Roll call vote; in a 6:1 decision, with Councilor Boles dis- senting, the bill was declared passed and became Ordinance 1980 l. IV. PUBLIC HEARING: SECOND READING OF ORDINANCE RENEWING RAILROAD FRANCHISE City Manager Mike Gleason introduced the topic. Tony Mounts, Finance Divi- sion, said that this is the second reading of an ordinance granting a fran- chise to the Burlington Northern Railroad Company for use of the public right- of-way. Mr. Boles said that he has also been informed by constituents that the fees levied by the private sector to citizens for the privilege of crossing rail- road rights-of-way are considerably greater than the franchise fees levied by cities for use of the public right-of-way. He said that the City should be charging market-rate franchise fees. For this reason, he will be requesting that the issue be tabled. In response to a question, Mr. Mounts said that he does not have information from Burlington Northern with respect to the fees it charges for crossing its right-of-way, but agreed to investigate the issue and report back to the counci 1. In response to a question from Ms. Bascom, Mr. Mounts said that City staff e has inspected 5th Avenue and has verified that the piece of track on 5th Avenue and Grant Street has been removed. Mr. Green inquired about the ramifications to the City of not granting Burlington Northern access to the public right-of-way. Mr. Mounts responded that it would be difficult for the City to deny access to the public right-of- way. Without a franchise agreement, responsibility for liability in the event of an accident would be unclear. Mr. Rutan asked about the potential negative impacts to the City and Burlington Northern of a decision to postpone the franchise. Mr. Mounts responded that there would be no negative impacts on the relationship between the City and Burlington Northern. The City will not be able to collect the franchise fee until the agreement is in place. If the ordinance was changed, the City would have to go through the franchise adoption process again. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 433I--An ordinance granting to the Burlington Northern Railroad Company, a Delaware corporation, its succes- sors and assigns, the franchise to maintain its rail- way tracks over certain streets in the city of Eu- gene, and to operate trains and cars thereover, and to transport passengers, freight, mail, baggage, and e MINUTES--Eugene City Council October 14, 1991 Page 4