Loading...
HomeMy WebLinkAbout04/11/1988 Meeting (2) - - - M I NUT E S City Council Council Chamber--City Hall April II, 1988 7:30 p.m. PRESENT: Freeman Holmer, Ruth Bascom, Debra Ehrman, Jeff Miller, Roger Rutan, Emily Schue, Cynthia Wooten, Robert Bennett. The regular meeting of the City Council of the City of Eugene was called to order by His Honor Mayor Brian B. Obie. I. PUBLIC FORUM Mayor Obie gave an opportunity to those who wished to address the about subjects that are not scheduled for council consideration. taking comments from members of the audience, Mayor Obie welcomed from Boy Scout Troups 22 and 175, Bob Shaw, 1910 Van Buren, said he has suggested to the Planning Department that the future library be built in The Bon Marche building, He said the building is located in the part of town that has been selected as the most appropriate area for the new library. He said the building meets the City Code as well as space and parking requirements recommended by the Future of Our Library Committee, He noted that the time of vacation also coincides with the planned move of the new library, council Before members II, PUBLIC HEARING: STREET VACATION OF 12TH AVENUE BETWEEN HILYARD AND PATTERSON STREETS (SACRED HEART HOSPITAL) (SV 88-1) City Manager Mike Gleason introduced the item. Jerry Jacobson, Planning Department, presented the staff report. He said Sacred Heart General Hospital is requesting the approval of a 60-foot-wide right-of-way to proceed with plans to construct a 900-space, five-level parking lot that will have two levels below grade, He said the request modifies an earlier proposal that involved five levels of parking above grade, Mr, Jacobson said a street vacation is necessary to enable parking underneath 12th Avenue, If approved, the street would operate as a p~ivate street 24 feet wide and maintain pedestrian and bicycle movement. He said a Hearings Official granted a conditional use permit pending vacation approval by the council, Representatives of the Physicians and Surgeons Building appealed that decision to the Planning Commission over the design of the 12th Avenue and Patterson Street intersection, Mr, Jacobson said the issue was resolved between Sacred Heart Hospital and MINUTES--City Council April 11, 1988 Page 1 - e - the Physicians and Surgeons Building owners with the concurrence of staff. Mr, Jacobson said staff is recommending that the council approve the street vacation request subject to the reservation of a 40-foot-wide easement for emergency vehicles, utility, bicycle and pedestrian access, Mayor Obie opened the public hearing, Jim Saul, III West 7th Avenue, said in addition to reducing the scale of the proposed parking structure, the street vacation has two benefits: 1) the volume of through traffic on 12th Avenue will be reduced; and 2) bicycle safety will be enhanced along the 12th Avenue route, Clark Winston Cox Jr., 1085 Patterson Street #9, said he lives close to the project and is in support of the street vacation. He said the street vacation will allow the parking garage to be built in a cost-effective manner and will resolve parking problems that now exist. He pointed out that the description of the Patterson and Hilyard street improvements in the February 29, 1988, CIP contains a reference to a contra flow lane that is outdated, Mayor Obie closed the public hearing, Ms. Bascom thanked Sacred Heart Hospital for the improvements that have been made to the parking project, However, she said she is concerned that in the past the hospital has not done enough to promote bicycle use among its employees by providing adequate bicycle parking. She said the upcoming project construction is a good opportunity for the hospital to encourage a transfer from automobiles to bicycles, CB 3031--An ordinance vacating 12th Avenue between Hilyard and Patterson streets, Mr, Holmer moved, seconded by Ms. Bascom, that the bill, 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 carried unanimously, 8:0, Council Bill 3031 was read the second time by council bill number only. Mr, Holmer moved, seconded by Ms. Bascom, that the bill be approved and given final passage, Role call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No. 19543), MINUTES--City Council April 11, 1988 Page 2 e III, PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTIES LOCATED EAST AND WEST OF RIVER ROAD BETWEEN HORN LANE AND PARK AVENUE (HANSEN, KOBERSTEIN, ET AL) (AZ 88-1) City Manager Mike Gleason introduced the Department, presented the staff report, Mr, Bjorklund described the criteria for district changes. item, Neil Bjorklund, Planning In accordance with State law, annexations, rezoning, and sign Mr, Bjorklund said the annexation area between Park Avenue and Horn Lane includes 35 lots with a total of approximately 15 1/2 acres. He said there are 21 lots with 10 owners consenting to the annexation, and 14 lots with 10 nonconsenting owners, He said the proposal is being processed as a council-initiated annexation and meets the criteria contained in the Eugene City Code. Mr. Bjorklund said the Planning Commission unanimously approved the annexation. However, he said the Planning Commission expressed concern of the effect this and other incremental annexations might have upon the financial viability of the River Road Water District, Mr. Bjorklund said negotiations with EWEB are currently underway. Mayor Obie asked council members if they have any ex parte contacts or conflicts of interest to declare, Hearing none, he opened the public hearing, e G,P. Koberstein, 1065 River Road, said he is in favor of the annexation because it will correspond with the construction of the Chambers Street connector and the widening of River Road, He said annexation will enable residents to hook up to the City's sewer systems and lead the way for more development and progress in the area. Michael Clark, 245 Owosso Drive, said he is appearing before the council as chairman of the River Road Water District Board of Commissioners, He said the board is unanimously opposed to the annexation because it erodes the board's tax base and makes it more difficult to provide services, He said the type of piecemeal annexations being practiced by the City are not productive, and suggested the City proceed in a more cohesive manner, Mr. Clark added it would be more equitable for the City to allow local citizens to vote on the annexation issues. Frank Prondzinski, 1025 Elkay, said he is opposed to the annexation, He said the annexation will result in increased taxes. Mr. Prondzinski said the council should have those who benefit from the annexations be the ones to pay for them. He said he also objects to the council annexing the River Road/Santa Clara area piece by piece. Mayor Obie closed the public hearing. - Ms. Wooten asked if it is possible to have sewer hook-ups without annexation. Planning Director Susan Brody said that is not possible, She said provisions in the County Service District (CSO) and Metropolitan MINUTES--City Council April 11, 1988 Page 3 e Wastewater Management Commission (MWMC) agreements do not allow sewer hook-ups outside of the city limits. Ms, Wooten asked how much the average sewer hook-up would cost in this annexation, Mr, Bjorklund said the cost would range from $5,000 to $7,000 on a per-lot basis. He said payment is made through the Bancroft loan program, Ten-year loans are made at 10 percent interest with two required payments a year. Mr. Holmer asked about the total tax burden being placed on these residents for being annexed to the City, Mr, Bjorklund said he did not have those figures, Ms. Bascom asked if the River Road Park District is still opposed to the annexations, Mr, Bjorklund said to the best of his knowledge the park district is still opposed to the inclusion of the River Road park annex building lot. Ms. Wooten asked about the outcome of a meeting between EWEB and the River Road Water District to determine how displaced employees will be given new jobs, Ms, Brody said five employees need to be absorbed to accommodate the transition, She said Laurie Power, EWEB, is optimistic about the transitions being successful, Ms. Brody pointed out the water district will not be effected by the annexations for over a year, e Res, No, 4082--A resolution furthering annexation to the City of Eugene and the Lane County Metro- politan Service District for properties located east and west of River Road between Horn Lane and Park Avenue, Mr, Holmer moved, seconded by Ms. Bascom, to adopt the resolution, Mr. Holmer said the Boy Scouts in the audience should be looking at the annexation item in light of how legislative districts were laid out in Massachusetts. He said the annexation draws strange boundaries and creates suspicion among people that there is a better way to accomplish an objective. Mr. Holmer said he agrees with other council members that the River Road area and Santa Clara belong in the City of Eugene, However, he said he disagrees with the method of annexing a strip of land where half of the property owners object to the annexation. He said he will be voting against the motion. - Mr. Bennett asked if Mr, Holmer has an alternative procedure. Mr. Holmer said the alternative procedure would be to annex the River Road and Santa Clara areas in large and manageable pieces, He said strip annexations are not the way to build a community. Mr. Holmer added coming up with a better policy may take more leadership from the council than it has demonstrated thus far. MINUTES--City Council April 11, 1988 Page 4 e Mr. Miller said he is more than happy to work with Mr, Holmer to find a policy that is workable. He said he represents the last large area that was annexed to the City and realizes how such annexations create problems, However, he said River Road and Santa Clara need to be encouraged to become part of Eugene, In light of not finding a better annexation process thus far, he said he supports the annexation, Regarding council leadership, Mayor Obie said this council is the only one in the last 50 years that has taken action on the issue, He said the council has taken upon itself to ask those residents who currently use the community's services to share the cost of doing so, Mr. Holmer said there was assurance by staff when the annexation policy was first adopted that the action would not be undertaken in an aggressive manner. He said part of the problem is trying to justify the annexations on the basis of the sewer collection system. Roll call vote; the motion carried 6:2, with councilors Bascom, Miller, Schue, Bennett, Rutan, and Ehrman voting aye, and councilors Holmer and Wooten voting nay. e Final Order AZ 88-1--A final order rezoning property located east and west of River Road, between Horn Lane and Park Avenue from County RA/UL and County R-2/UL to City of Eugene RA Suburban Residential District, from County RA/UL to City of Eugene C-1 Neighborhood Commercial District, from County RA/UL to City of Eugene GO/SR General Office District with site review procedures, from County C-1/UL to City of Eugene C-l Neighborhood Commercial District, From County C-l/UL to City of Eugene C-2 General Commercial District, from County C-2/UL to City of Eugene C-2 General Commercial District, and from County GO/UL to City of Eugene GO General Office District, and applying City Residential and Outlying Commercial Sign Districts, Mr, Holmer moved, seconded by Ms. Bascom, to approve Final Order AZ 88-1, Roll call vote; the motion carried unanimously, 8:0. e MINUTES--City Council April 11, 1988 Page 5 e IV, PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED BETWEEN BEAVER AND LONE OAK DRIVE AND EAST OF ROSS LANE (CIOCHETTI) (AZ 88-2) City Manager Mike Gleason introduced the item. Cathy Czerniak, Planning Department, presented the staff report. Ms, Czerniak said the code criteria for annexing and rezoning described in the previous item also apply to this item. She said the request for annexation was initiated by the property owners, Brian Ciochetti and Key Bank of Oregon. She said the owners would like to obtain urban services that would allow them to develop the properties, Ms, Czerniak said Mr. Ciochetti has received a conditional use permit to develop the property with a mobile home park, If approved by the council, Ms, Czerniak said the annexation will be processed as a council-initiated annexation to the Boundary Commission. The six-year tax differential plan will be applied to the property, She said Mr. Ciochetti is out of town and unable to testify at the public hearing, However, Ms, Czerniak called councilors' attention to a letter submitted by Mr. Ciochetti that was distributed prior to the meeting. She added the Planning Commission unanimously recommended approval of the annexation, - Mayor Obie asked council members if they have any ex parte contacts or conflicts of interest to declare. Hearing none, he opened the public hearing, Bob Shaw, 1910 Van Buren, said most people want to know how much it will cost for them to jOin the City. He said those costs can be distributed in newspapers and other publications by reviewing Lane County tax records, which indicate the change from City to urban services in cost per thousands of dollars, Mayor Obie closed the public hearing. Res, No. 4083--A resolution furthering annexation to the City of Eugene and the Lane County Metropolitan Service District for property located between Beaver and Lone Oak Drive and east of Ross Lane, Mr, Holmer moved, seconded by Ms. Bascom, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0, e Final Order AZ 88-2--A final order rezoning property located between Beaver and Lone Oak Drive and east of Ross Lane from County R2/UL and County RA/UL to City R-l and re-designation from County Residential Sign District to City Residential Sign District. MINUTES--City Council April 11, 1988 Page 6 e Mr, Holmer moved, seconded by Ms. Bascom, to approve Final Order AZ 88-2. Roll call vote; the motion carried unanimously, 8:0. V, PUBLIC HEARING: CODE AMENDMENT CONCERNING DAY CARE REVISIONS (CA 88-1) City Manager Mike Gleason introduced the item, Jean Hahn, Planning Department, presented the staff report, She said the Oregon Legislature in 1987 amended the Oregon Revised Statutes to require that local governments allow for in-home family day care for up to 12 persons in all areas zoned for residential or commercial purposes, Ms, Hahn said the current Eugene City Code allows for day care in residential or commercial areas for three to five persons as an outright use, Six and above persons in a residential district requires a conditional use permit. - Ms, Hahn said the Planning Department is proposing the code amendment to bring the Eugene City Code into conformance with the new State law, The Planning Commission has recommended approval of the amendment. She said the proposed amendment involves three areas: 1) increase in the number of people who can be cared for as an outright use in the residential districts (up to 12); 2) increase in the number of people required for a conditional use permit in residential districts (13 and over); and 3) allow day care in the C-4 (commercial) district. Ms. Hahn added in-home day care is currently allowed in C-l, C-2, and C-3 zoning districts in the city. Ms, Bascom affirmed that the amendment can pertain to senior citizens as we 11, Ms. Hahn said the amendment specifi ca 11y refers to "persons" because there are in-home day care facilities for elderly and handicapped individuals, as well as children, Ms. Bascom asked about the impact on automobile requirements. Ms. Hahn said vehicles will still be regulated by the existing requirements in the Code, She said parking requirements are administered through the Building Safety Division and can be reviewed if necessary, Ms. Brody said the Planning Department did not support the legislation, arguing that use of day care facilities should remain under the jurisdiction of local governments and not the State. She said there is a possibility that problems could arise if three separate in-home day care facilities are operating on the same block. She said the cumulative result of this could create traffic and other problems for the neighbors, She said the City of Salem has already experienced similar problems, Mayor Obie opened the public hearing, Hearing no requests to speak, Mayor Obie closed the public hearing, - MINUTES--City Council Apri 1 11, 1988 Page 7 e CB 3032--An ordinance concerning day care facilities; amending Sections 9,384, 9,386, and 9,439, of the Eugene Code 1971; and declaring an emergency. Mr. Holmer moved, seconded by Ms. Bascom, that the bill, with the 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 carried unanimously, Council Bill 3032 was read the second time by council bill number only, Mr, Holmer moved, seconded by Ms. Bascom, that the bill be approved and given final passage. Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No, 19544), VI. PUBLIC HEARING: RESOLUTION CONCERNING AIRPORT REVENUE BONDS City Manager Mike Gleason introduced the item, Warren Wong, Finance Director, said a public hearing is required to give citizens an opportunity to testify on the use of tax exempt bonds for private activity, - Mr. Holmer noted that the maximum amount of bonds to be issued is listed under the public hearing as $8,170,000, However, in item X the airport terminal revenue bonds are listed as $5,910,000, He asked if there will be an additional issue of bonds beyond the $5,9 million. Mr. Wong said the $8,17 million figure refers to an inducement resolution passed by the council in April 1987 for a total of $14 million. The $14 million was designated to cover the general obligation bond, which has already been sold, and the revenue bond, which is the remaining $8,17 million. The $5.91 million in the City Manager's report is the net proceeds to the project and does not include capitalized interest and issuance cost, He said the council is scheduled to approve the actual revenue bond ordinance at its April 20 meeting. Ms, Schue asked for more background information about the bonds, Mr, Wong said the revenue bonds will be paid back by the airlines as part of their rent for terminal space. The general obligation bonds are being funded through an allocation of State Shared Revenue, Because of a pending court case, he said the State money is being transferred directly to the capital budget. Mayor Obie opened the public hearing, Hearing no requests to testify, Mayor Obie closed the public hearing. e MINUTES--City Council April 11, 1988 Page 8 e Res, No. 4084--A resolution publicly approving the City's Airport Revenue Bonds, Series 1988, Mr, Holmer moved, seconded by Ms, Bascom, to adopt the resolution. Ms. Wooten affirmed that all of the airlines have committed themselves to the payment schedules, Mr. Gleason said the City has received letters of intent from United, American, and Horizon airlines, He said the agreements have not yet received the corporate signatures. He said the City is guaranteed of the airlines commitment by the letter of intent and nonsignatory charges, which are higher than the signatory rates. In response to a question from Ms, Wooten, Mr. Gleason said PSA, which is in the process of being acquired by US Air, has not yet signed a letter of intent. Ms. Wooten asked if it is possible to make accurate forecasts on the repayment of the bond. Mr, Gleason said the City has had good responses from the bond underwriters as well as the insurance companies, He said the airlines market is driven by passengers instead of the airlines, which makes for a good revenue-secured risk. e Ms. Wooten asked if the $688,000 in interest cited in the council's airport memo is related to the interest the City has received through the revenue bonds. Because of the uncertainty in the municipal bond market in December 1986, Mr, Wong said staff felt it would be unwise to count on interest earnings on the bond proceeds as revenue sources. Since that time the Tax Reform Act has been put in place, the market has stabilized, and staff feels it is safe to include the interest earnings, Mr. Wong said the $688,000 is the interest earned from the general obligation and revenue bond proceeds. Roll call vote; the motion carried unanimously, 8:0, VII. AIRPORT IMPROVEMENT PROJECT City Manager Mike Gleason introduced the item. Chris Andersen, director of Public Works, presented the staff report, She said the original total project budget was $18.3 million. The apparent low bidder for the terminal expansion project is Wildish Building Company with a bid of $11,107,217. The City's budget estimate for the terminal was $9,8 million, - Ms, Andersen said the City provided six deductive options in the bidding process to stay within budget, However, exercising all six options would still not bring the total budget within the $18.3 million. Opportunities to increase available resources include application for increased FAA grants. They also include recognizing the negotiated airline revenue MINUTES--City Council April 11, 1988 Page 9 e bond, which will be $910,000 over the original resource estimate, and $688,000 in interest earnings, which were also not included in the original resource estimate. This brings the total available revenue to $19,967,868. Using the low bid, Ms. Andersen said the total costs of the project are $20,210,217. This leaves a deficit of $242,349, Ms, Andersen said the only alternative to stay within the original budget is to reject all bids and redesign the project. Taking into account several factors including an annual overall inflation factor of 6 percent, Ms. Andersen said this will require a $2,1 million reduction in the project. She said current projections do not indicate a drop in construction activity over the next two years, Cutting the $2.1 million would likely mean eliminating the second level boarding area. To address the $242,000 gap, Ms. Andersen said staff has identified phasing repayment of the fleet fund loan, exercising deductive alternates, and a carpet reduction of $150,000. Ms, Andersen said staff is recommending the carpet reduction as the most responsive deductive alternative. Although those working on the project are disappointed in the cost overruns, Ms, Andersen said staff feel reasonable options exist that would not create additional general fund impacts. Steve Counard, vice chair of the Airport Commission, said the commission e unanimously supports going ahead with the current project. Mayor Obie asked Mr, Counard for his opinion as a bUilding contractor. Mr, Counard said rejecting the bid will mean the City misses several building opportunities, He said it also means the airlines will have to go through two more holiday seasons in the current airport, and will likely face higher building costs in the coming years. Ms. Ehrman asked where the terminal project was estimated over budget. Ms. Andersen said that is difficult to answer because the bids are "lump sumll bids that do not contain line item costs, Mr. Holmer pointed out the council subcommittee following the project was insistent that the architect and engineer offer realistic budgets that meet the City's needs, He noted the City has an escape clause that the architects will redesign the project if the bids exceed the budgeted amount by 4 percent, Although he said he understands staff's reasoning for not wanting to redesign, Mr. Holmer asked what leverage the City has with the architects if it does not use that option. Ms. Andersen said she does not feel there has been a lack of good faith on the part of the architects and engineers, Although the council can exercise that option, she said a punitive approach might not be the most appropriate, e Mr, Holmer asked what assurances council has that future budgets will not MINUTES--City Council April 11, 1988 Page 10 e e - run over, Ms. Andersen said there is a contingency in the project budget to address unforeseen costs, She said staff does not anticipate getting into a situation where abnormal cost overruns will occur, She said staff does expect to reduce project costs by reviewing types of materials and installation processes, Ms, Wooten said the $910,000 increase in airline revenues appears unrealistic, Mr, Holmer pointed out staff is projecting an 18 percent increase in less than two years, Mr, Gleason said that is a negotiated rate between the City and the airlines. He said the real issue at stake is the airlines' competitive position among each other, If the airlines do not eventually sign the contracts, he said they stand to be charged more, Ms, Andersen said the increase is part of the whole lease negotiation process. Once the negotiated figure is fixed, she said staff goes through a separate process for the sale of the bonds that involves the feasibility analysis that demonstrates the City has the capacity to repay the bonds from the airport revenues on the basis of traffic projections and financial stability of the airport. In response to questions from Ms, Wooten, Ms, Andersen said repayments to the Fleet Fund would come out of the operating budget and not strictly from airport revenues, In addition to airline revenues, she said the operating budget is comprised of several sources including rental car and restaurant revenues, If the City awards the project to the lowest bidder, Ms, Ehrman asked if the bidder can hold the City to the bid price. Ms. Andersen replied that is correct. She said staff feels all of the bidders are good contractors and are committed to the project. Mr. Rutan said it is important to consider two factors: good faith and total cost. He said the council has a good faith commitment to the community to construct the project as it was originally approved. He said staff's recommendation is sound and added it should be noted that staff's plan will not impose increased costs on the community, With regard to total cost, Mr, Rutan said the revenue bonds will be driven primarily by the market despite what staff and the council can do. He pointed out that several of the matching funds, such as Oregon Lottery proceeds, have time limits on them. He said he is as disappointed as others about the cost projections, but said staff's proposal passes both the good faith and financial viability test, Mayor Obie said he feels his personal credibility is on the line relative to the project, He said the council cannot compromise the good faith that the community has entrusted in it, He said the apparent low bidder contacted him and offered that company's cooperation in the project, although he said the bid should not be awarded on that basis. He suggested the council approve the request and require two conditions: 1) monthly staff reports; and 2) the first project savings should be used to reduce the total cost, He said staff should use the increased revenues to reduce or mitigate the project only as a last resort. MINUTES--City Council April 11, 1988 Page 11 e Ms. Wooten asked what would have become of the $688,000 in interest earnings had it not been proposed to help with the airport project funding. Mr. Gleason said the council would have been able to allocate that money as part of the project allocation from the General Fund. Ms. Wooten said she supports staff's recommendation, although she said she is disappointed at the cost overruns. She said she does not want it to occur again that such overruns force the City to put off other capital improvements for the sake of the airport, Since the bids are good for 60 days, Mr. Holmer suggested that the council defer a decision for two weeks to reflect on the issue and allow the community to respond. Ms, Bascom said the interest earnings are an example of how many people have worked hard on the project, She said she supports approving staff1s recommendation, Ms. Ehrman said she will be opposing staff's recommendation on behalf of the segment of the community that do feel the budget cuts, She said there are often large projects in the area that run over budget for which no one is held responsible. She said she is voting against the recommendation for the people in the community who will be upset at the cost overruns. e Mr. Bennett noted that the project was initiated before he was on the council. However, he said he has supported the project conceptually since then. He said it is not anybody's fault that the bids came higher than expected and added the City did a respectful job preparing for the project, He said he is in favor of staff's proposal, Mr, Bennett said he supports the suggestion that tile be substituted for the carpeting specified because it would be an easy change to make and does not inhibit the functioning of the airport. However, he said it is often too easy to cut the items in a project that show the most, He said he hopes not too many of those items will have to be eliminated from the airport, Ms. Schue commended staff for its work on the project. She said staff's recommendation is feasible especially in light of the fact it does not place additional burden on the General Fund. Mr. Miller reiterated that council has asked for a report that specifies where the airport financing will be impacting the budget, He said it is imperative that the council be able to say where the airport is affecting the community, Mr, Gleason responded the airport is impacting the capital budget, e MINUTES--City Council April 11, 1988 Page 12 e Mr, Holmer moved, seconded by Ms. Bascom to adopt an airport improvement project budget of $20,210,217. Mr, Holmer moved, seconded by Ms. Ehrman, to amend the motion by postponing action until April 27. Roll call vote on the amendment; the motion failed 3:5, with Councilors Holmer, Schue, and Ehrman voting aye, and Councilors Bennett, Rutan, Wooten, Miller, and Bascom voting nay. Roll call vote on the main motion, The motion carried 7:1, with Councilors Holmer, Rutan, Bascom, Bennett, Wooten, Schue, and Miller voting aye, and Councilor Ehrman voting nay, The council took a recess from 9:10 p.m, to 9:20 p,m. VIII, BALLOT AND DETERMINE INTERVIEWEES FOR PLANNING COMMISSION VACANCY e City Manager Mike Gleason introduced the item, Mayor Obie asked council to be aware of the number of people representing particular interest groups already on the Planning Commission, He noted there are currently two representatives from the University of Oregon and one from Lane Community College, While there are still more qualified applicants from education, he said the Planning Commission is almost over-represented in that area, Ms. Schue said one of the university representatives might have retired within the last week. She said she is also uncertain whether teaching and research are considered the same profession. Ms. Ehrman moved, seconded by Mr, Bennett, to interview the top three candidates, Lloyd Billingsley, Clark Roeder, and Linda Solin. Roll call vote; the motion carried unanimously, 8:0. IX, RESOLUTION CONCERNING REDEVELOPER SELECTION PROCESS Mr. Gleason requested that the council delay consideration of the item to give staff more time to work on a procurement ordinance, Mayor Obie said the council will delay action on the item, X. SECOND READING OF ORDINANCE CONCERNING MODIFICATIONS TO AT&T FRANCHISE AGREEMENT e City Manager Mike Gleason introduced the item. Mr, Wong presented the staff report. He reviewed that council1s first reading of the ordinance MINUTES--City Council April 11, 1988 Page 13 e was March 14, Following discussions with AT&T, Mr, Wong said modifications have been made to Section 11 to eliminate the three-year termination clause, Under the new agreement, the franchise would be in effect for 15 years with a re-opener option every three years. Mr, Wong said the changes were made with the concurrence of staff after AT&T stated it was making substantial infrastructure investments and did not want to be concerned about the City rescinding the contract every three years, CB 3028--An ordinance granting to the American Telephone & Telegraph company through its Interstate Division the non-exclusive privilege to use the public way to construct and maintain public communication facilities within the City of Eugene; and repealing Ordinance No. 19369, Mr. Holmer moved, seconded by Ms. Bascom, that the bill, as amended, be approved and given final passage. Mr, Bennett asked what happens if the City and AT&T are unable to successfully renegotiate a contract. Mr, Gleason said the agreement would then stand as provided, e Mr, Bennett asked how the lineal foot charge increases over time, Mr, Wong said the present rate is $1 per lineal foot, which is standard throughout the country. He said technology is changing at such a rate that most cities feel the $1 per square foot is a reasonable charge. Mr. Wong said it should be noted that AT&T is not installing new lines for its fiber optic systems. He said the company is using PNB's existing infrastructure to minimize costs, It is only in rare situations where PNB does not have any conduits in the ground that AT&T will be using City right-of-way. Mr. Wong said the only place AT&T is currently using public right-of-way is on West 11th Avenue to Blanton Heights, Mr, Gleason added there is no escalator clause in the agreement, Procedurally, Mr, Gleason pointed out the council must have first reading on the amendment to Section 11 prior to second reading of the council bill, Mr. Holmer moved, seconded by Ms. Bascom, that the amendment to Section 11 be read for the first time, Roll call vote; the motion carried unanimously, 8:0. Mr. Holmer moved, seconded by Ms. Bascom, that the bill, as amended, with unanimous consent of the council be read by council bill number only and that enactment be considered at this time, Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No. 19545), e MINUTES--City Council April 11, 1988 Page 14 - XI. FINDINGS OF HEARINGS OFFICIAL/ORDINANCE LEVYING ASSESSMENT FOR WILLAKENZIE ROAD (CONTRACT #87-012) City Manager Mike Gleason introduced the item. CB 3033--An ordinance levying assessments for paving, storm sewers, and sidewalks on Willakenzie Road from 300 feet east of Coburg Road to the east boundary of Willakenzie School, and paving curbs, gutters, and sidewalks on east side of Best Lane from 477 feet north of Willakenzie Road to 600 feet north of Willakenzie Road (Contract #87-12). Mr. Holmer moved, seconded by Ms. Bascom, to approve the Hearings Official findings and recommendations of March 29, 1988, and that the bill, 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 carried unanimously, 8:0. Council Bill 3033 was read the second time by council bill number only, e Mr, Holmer moved, seconded by Ms, Bascom, that the bill be approved and given final passage, Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No. 19546), XII, FINDINGS OF HEARINGS OFFICIAL/ORDINANCE LEVYING ASSESSMENT FOR SIDEWALK CONSTRUCTION IN FOUR VARIOUS LOCATIONS IN THE CITY (CONTRACT #87-24) City Manager Mike Gleason introduced the item. CB 3034--An ordinance levying assessments for sidewalk construction in four locations in the City: 1) 7th Avenue and Seneca Road; 2) 18th Avenue and Bailey Hill Road; 3) 15th Avenue and Charnelton; and 4) Clinton Dirve and Naomi Drive (Contract #87-24). Mr. Holmer moved, seconded by Ms. Bascom, to approve the Hearings Official findings and recommendations of March 29, 1988, and that the bill, 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 carried unanimously, 8:0. Council Bill 3034 was read the second time by council bill number only. e MINUTES--City Council April 11, 1988 Page 15 e Mr, Holmer moved, seconded by Ms, Bascom, that the bill be approved and given final passage, Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No. 19547), XIII, FINDINGS OF HEARINGS OFFICIAL/ORDINANCE LEVYING ASSESSMENT FOR ALLEY PAVING BETWEEN GARFIELD STREET AND ARTHUR STREET ON 12TH AVENUE (CONTRACT #87-28) City Manager Mike Gleason introduced the item. CB 3035--An ordinance levying assessments for paving and storm sewer construction of the alley located midway between Garfield Street and Arthur Street on 12th Avenue, extending north for 190 feet and the alley located midway between 11th Avenue and 12th Avenue on Arthur Street, extending east for 190 feet (Contract #87-28), e Mr, Holmer moved, seconded by Ms. Bascom, to approve the Hearings Official findings and recommendations of March 29, 1988, and that the bill, 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 carried unanimously, 8:0. Council Bill 3035 was read the second time by council bill number only. Mr, Holmer moved, seconded by Ms, Bascom, that the bill be approved and given final passage, Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No. 19548), XIV, CALL FOR PUBLIC HEARING TO CONSIDER STREET VACATION REQUEST (MARVIN KNUTSON) (SV 88-2) City Manager Mike Gleason introduced the item, CB 3036--An ordinance calling for a public hearing May 23, 1988, to consider vacation of right-of-way located west of Gilham Road and north of Crescent Avenue. Mr. Holmer moved, seconded by Ms, Bascom, that the bill, 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 carried unanimously, 8:0. e Council Bill 3036 was read the second time by council bill number only. MINUTES--City Council April 11, 1988 Page 16 e Mr, Holmer moved, seconded by Ms, Bascom, that the bill be approved and given final passage, Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No, 19549), XV, APPOINTMENTS: MAYOR'S NOMINATION TO THE ECONOMIC ADVISORY COMMITTEE City Manager Mike Gleason introduced the item. Mayor Obie said he is nominating Nancy Lull, 1830 Washington Street, for appointment to the Economic Advisory Committee, Mr, Holmer moved, seconded by Ms, Bascom, to appoint Nancy Lull to the Economic Advisory Committee for a term of 12-18 months or until project completion, Ms. Wooten asked who and when was it decided there should only be two members to represent Eugene. Mayor Obie said the Economic Advisory Committee agreed that would be the number of people appointed to represent Eugene on the committee, e In response to a second question from Ms. Wooten, Mr, Gleason said the economic assumptions to be used in the plan update are included, Roll call vote; the motion carried unanimously, 8:0. XVI. CITY COUNCIL MINUTES: MEETING OF JANUARY 25, 1988; DINNER/WORK SESSION OF FEBRUARY 1, 1988; AND DINNER/WORK SESSION OF FEBRUARY 22, 1988 City Manager Mike Gleason introduced the item, Mr. Holmer moved, seconded by Ms. Bascom, to approve the City Council meeting minutes of January 25, 1988, February 1, 1988, and February 22, 1988, Roll call vote; the motion carried unanimously, 8:0. The meeting was adjourned to April 13, 1988, at 9:37 p,m, Respectfully submitted, ~ / #10 /l:;--'" ::~.~~~'lYl Micheal D, Gleason City Manager e (Recorded by Todd Nissen) mncc041188-730 MINUTES--City Council April 11, 1988 Page 17