HomeMy WebLinkAbout06/24/1991 Meeting (2)
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e M I NUT E S
Eugene City Council
Council Chamber--Eugene City Hall
June 24, 1991
7:30 p.m.
COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Debra Ehrman, Bobby Green,
Randy MacDonald, Paul Nicholson, Kaye Robinette.
COUNCILORS ABSENT: Ruth Bascom.
The adjourned meeting of June 12, 1991, of the Eugene City Council was called
to order by His Honor Mayor Jeff Miller.
In light of the large number of items on the council's agenda, Mayor Miller
asked those testifying at the public hearings to limit their comments to
three minutes to ensure everyone the opportunity to speak.
I. CONSENT CALENDAR
e A. Approval of City Council Minutes of March 2, 1991, Special Work
Session; April 10, 1991, Lunch Work Session; April 22, 1991, Din-
ner Work Session; April 22, 1991, Meeting; April 29, 1991, Joint
Meeting; May 8, 1991, Lunch Work Session; and June 3, 1991, Dinner
Work Session.
B. Approval of Minutes and Findings and Recommendations of Hearings
Official and Adoption of Resolution Forming a Local Improvement
District for Construction of Storm Sewers South of Barger Drive,
East of Terry Street, Along North Boundary of Woodland Hills Mo-
bile Home Park, Phase II (Job #2683)
Mr. Boles noted that the agenda packet contained incomplete versions of the
council minutes of April 29, 1991, and May 8, 1991, and asked that they be
removed from the consent calendar.
Mr. Rutan moved, seconded by Mr. Boles, to approve the remain-
ing items on the City Council Consent Calendar. Roll call
vote; the motion carried unanimously, 7:0.
e MINUTES--Eugene City Council June 24, 1991 Page 1
e II. PUBLIC HEARING: ORDINANCE ADOPTING CITY OF EUGENE FY92 BUDGET
Assistant City Manager Linda Norris introduced the topic. Administrative
Services Director Warren Wong summarized the Budget Committee's recommenda-
tions for the FY92 budget. He noted that the Budget Committee recommended
the following modifications to the executive budget recommendation: the
addition of $10,000 for the youth work program; $65,000 for the performing
arts; and $339,000 for the opening of fire station 6 (of which $289,000 is to
be used for operating expenses and $50,000 for capital expenses); and the
reduction of $25,000 from the Metro Partnership contract. Mr. Wong said that
in addition to the Budget Committee's recommended changes, modifications have
been made to the sewer budget as a result of the adopted Metropolitan
Wastewater Management Commission (MWMC) budget. Also, adjustments have been
made to the budget for the reserve for encumbrances (outstanding purchase
orders) and capital projects that carryover from this year to next. Final-
ly, the property tax levy has been adjusted for annexations approved by the
Boundary Commission.
Mr. Wong pointed out that the proposed General Fund Contingency is $380,000--
the lowest level of General Fund Contingency that the City has started its
budget year with for over a decade. Mr. Wong noted that it is normal to have
a marginal beginning working capital as a part of the audit process and add
that to the General Fund Contingency.
Mr. Wong noted that the Budget Committee has recommended that the resources
e needed to reopen fire station 6 come out of reserve funds that have been set
aside as a contingency for Ballot Measure 5, reducing the City Manager's
recommendation for the contingency from $2 million to $1.67 million. He also
warned the council that the House of Representatives is considering legisla-
tion to reduce the state subvention of alcoholic beverages tax moneys for
Oregon c it i es.
In response to a request from Mr. Rutan, David Whitlow, Public Safety Direc-
tor, addressed a perception that the closure of fire stations 6 and 10 has
placed the residents of those neighborhoods at risk for medical care. Mr.
Whitlow compared the level of services that Eugene citizens are currently
receiving to the level they received in 1981 (when the city was still being
served by Medical Services, Inc.), and said that the quality and availability
of medical care in 1991 far exceeds the quality that was provided a decade
ago.
Mr. Whitlow explained that the improvements in medical care can be described
by three indicators: the number of trained personnel in the system, the
clinical sophistication of the service, and emergency response times. Since
1981, the number of Emergency Medical Technicians 4 (EMT4), the highest level
of certification available, has increased from 5 to 44. This means that a
reserve medic unit can be staffed very quickly, if necessary, and that the
first responder to a medic call will often have an EMT4 on the crew. Regard-
ing response times, he indicated that when MSI was providing service, 15- to
20-minute response times were not uncommon. Now that the City is providing
e MINUTES--Eugene City Council June 24, 1991 Page 2
e the service, the first responder is dispersed throughout the city in nine
different locations. Regarding the level of clinical sophistication, Mr.
Whitlow said that all fire trucks now offer a wide range of advanced life
support and medical services. In sum, he said that the quality and avail-
ability of medical care in Eugene is very high. While the Department of
Public Safety is not satisfied with response times, it believes that the fire
redeployment plan described in the Department of Public Safety Long-Range
Plan is the most comprehensive solution to the problem.
Mayor Miller asked where the areas are in the city that need the greatest
improvement with respect to response times. Mr. Whitlow indicated that the
primary problem areas are in the Willakenzie neighborhood and south and west
Eugene.
Responding to a question from Mr. Nicholson, Mr. Whitlow said that the popu-
lation of south and west Eugene with longer response times is smaller than
that of the Willakenzie area.
Mayor Miller opened the public hearing.
John Brown, 1824 Happy Lane, chair of the Willakenzie Refinement Planning
Team, urged the council to approve the Budget Committee's recommendation for
the funding and reopening of Fire Station 6.
Ken Tollenaar, 1522 Russet Drive, chair of the Cal Young Neighborhood Associ-
ation Public Safety Committee, testified in favor of funding the reopening of
e Fire Station 6. He noted that the Cal Young neighbors have submitted a let-
ter to the council outlining more fully its position. He said that while
there is some support to defer this decision to the Eugene Decisions process,
he is concerned that Eugene Decisions will not make decisions of this speci-
ficity. In response to Mr. Whitlow's testimony, Mr. Tollenaar said that
while the overall level of emergency medical service in the City has improved
since 1981, the Willakenzie area is still not getting the 4-minute response
times that other parts of the city are receiving. He urged the council to
approve the recommendation to reopen Fire Station 6 and noted that all per-
sons wearing red dots in the audience are in support of the request to reopen
Fire Station 6.
Responding to a request for clarification from Mr. Boles, Mr. Whitlow said
that approximately 56 percent of the calls for emergency response in
Willakenzie are being met within the four-minute limit. Approximately 70 to
75 percent of the calls citywide are being meet within that time.
CB 4312--An ordinance adopting the budget; making appropria-
tions determining and levying the annual ad valorem
property tax for the City of Eugene for the fiscal
year beginning July 1, 1991, and ending June 30,
1992; and declaring an emergency.
Mr. Rutan moved, seconded by Mr. Boles, that the bill, with
unanimous consent of the council, be read the second time by
e MINUTES--Eugene City Council June 24, 1991 Page 3
e council bill number only, and that enactment be considered at
this time.
Mr. Boles moved, seconded by Mr. Green, to withdraw from the
budget recommendation, the operations, maintenance, and capi-
talization associated with the one-year operation of emergency
services at Fire Station 6 and return them to the Ballot Mea-
sure 5 reserve.
Mr. Boles explained that consistent with the position he took at the Budget
Committee meeting, he is asking that the funding of Fire Station 6 be removed
from the budget for the following reasons: it is only for one year, the City
has not indicated how it would fund the service in upcoming years, it ad-
dresses emergency medical services only, it should be done in conjunction
with the fire redeployment plan, and it does not address equally pressing
needs in other areas of the community.
Mr. MacDonald urged the council to oppose the amendment. He said that pro-
viding adequate protection to its citizens is one of the most primary and
fundamental responsibilities of the City. Citizens' need for adequate medi-
cal care should override any obligation to defer the decision to the Eugene
Decisions process. Reopening Fire Station 6 should be the first step in
initiating fire redeployment.
Ms. Ehrman concurred with Mr. Boles and said that it would be unfair to other
citizens in the City who also need improved response times. This discussion
e has been valuable in that it will prompt the council to look at the fire
redeployment plan even more closely within the context of Eugene Decisions.
Mr. Robinette said that each councilor recognizes the importance of this
issue and indicated that he believes that life safety will come out as a high
priority of Eugene Decisions. He expressed concern that pulling this deci-
sion out of context might unfairly prejudice other important decisions to be
made within the Eugene Decisions process.
Mr. Green said that he supports the amendment for the reasons stated by Mr.
Boles. He disagreed that the Eugene Decisions process would not be specific
enough to address this issue and said that he would be supporting fire rede-
ployment in the Eugene Decisions process.
Mr. Nicholson said that the Willakenzie neighborhood has been receiving sub-
standard service for a long time. The perceived importance of this within
the community should be taken seriously. He said that the council should
support the Willakenzie neighborhood's request to bring it up to the level of
emergency services that other areas of the community are currently enjoying.
Mr. Rutan said that he has been contacted by many citizens in the Churchill
neighborhood who would be served by the now closed Fire Station 10. He said
that it would be unfair to those citizens to support funding for Fire Station
6. Eugene residents need a comprehensive, citywidQ ~olution to f;~~ ~~d~-
ploym~nt.
e
MINUTES--Eugene City Council June 24, 1991 Page 4
e Mayor Miller pointed out that the council's vote on the long-range plan is an
indication of the importance it places on community safety. He urged the
community not to allow this issue to become divisive in the community.
Roll call vote; the amendment passed 4:3; with councilors
Boles, Green, Ehrman, and Rutan voting in favor; and council-
ors Robinette, Nicholson, and MacDonald voting nay.
Roll call vote; the main motion carried 7:0.
Council bill 4312 was read the second time by number only.
Mr. Boles moved, seconded by Ms. Ehrman, that the bill be
approved and given final passage. Roll call vote; in a 6:1
decision with Councilor Nicholson dissenting, the bill was
declared passed (and became Ordinance 19781).
Mayor Miller adjourned the meeting of the Eugene City Council and convened a
meeting of the Urban Renewal Agency.
III. PUBLIC HEARING: URBAN RENEWAL AGENCY FY92 ANNUAL BUDGET
Assistant City Manager Linda Norris introduced the topic. Administrative
Services Director Warren Wong reported that the Budget Committee's recommend-
e ed budget for the Urban Renewal Agency is included in the council's agenda
packet.
Mayor Miller opened the public hearing. There being no requests to speak,
the public hearing was closed.
Res. No. 953--A resolution of the Urban Renewal Agency adopt-
ing the budget and making appropriations for the
fiscal year beginning July 1, 1991, and ending
June 3q, 1992.
Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu-
tion. Roll call vote; the motion carried unanimously, 7:0.
Mayor Miller adjourned the meeting of the Urban Renewal Agency and reconvened
the meeting of the Eugene City Council.
IV. PUBLIC HEARING: ORDINANCE ADOPTING SUPPLEMENTAL BUDGET NO. 3
A~~;~tant C~tJ M~n~~yr Linda Norril introducod tho to~.~_ Aam~n{stral1y~
~erV1(@X D1ra(to~ W~f~~" W~~~ stated \h~\ thfl G1ty.~ Suppl@ffi@ntal sudggt N6.
3 h~s been included in the council's agenda packet. The budget was passed by
the Budget Committee at its May 7 meeting.
e
MINUTES--Eugene City Council June 24, 1991 Page 5
e Mayor Miller opened the public hearing. There being no requests to speak,
the public hearing was closed.
CB 4313--An ordinance adopting a supplemental budget; making
appropriations for the City of Eugene for the fiscal
year beginning July I, 1990, and ending June 30,
1991; and declaring an emergency.
Mr. Rutan moved, seconded by Mr. Boles, 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.
Responding to a question from Mr. MacDonald, Mr. Wong said that Bancroft
Bonds that were passed prior to the passage of Ballot Measure 5 would not be
affected by the measure.
Roll call vote; the motion carried unanimously, 7:0.
Council bill 4313 was read the second time by number only.
Mr. Boles moved, seconded by Ms. Ehrman, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed (and
became Ordinance 19782).
e Mayor Miller adjourned the meeting of the Eugene City Council and convened
the meeting of the Urban Renewal Agency.
V. PUBLIC HEARING: RESOLUTION, URBAN RENEWAL AGENCY ADOPTION OF
SUPPLEMENTAL BUDGET NO. 3
Assistant City Manger Linda Norris introduced the topic.
Mayor Miller opened the public hearing. There being no requests to speak,
the public hearing was closed.
Res. 954--An ordinance adopting a Supplemental Budget; making
appropriations for the Urban Renewal Agency of the
City of Eugene for the fiscal year beginning July 1,
1990, and ending June 30, 1991.
Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu-
tion. Roll call vote; the motion carried unanimously, 7:0.
Mayor Miller adjourned the meeting of the Urban Renewal Agency and reconvened
the meeting of the Eugene City Council.
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e VI. PUBLIC HEARING AND ORDINANCE: FV92 STATE REVENUE SHARING
Assistant City Manager Linda Norris introduced the topic. Administrative
Services Director Warren Wong said that the City must pass an ordinance in
order to be eligible to receive a portion of the State Shared Revenues, to-
taling $467,000 for the next fiscal year.
Mayor Miller opened the public hearing. There being no requests to speak,
the public hearing was closed.
CB 4314--An ordinance electing to receive State Revenue Shar-
ing funds pursuant to Section 221.770 of Oregon Re-
vised Statutes; and declaring an emergency.
Mr. Rutan moved, seconded by Mr. Boles, 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,
7:0.
Council Bill 4314 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap-
proved and given final passage. Roll call vote; all council-
ors present voting aye, the bill was declared passed (and
e became Ordinance 19783).
VII. RESOLUTION CONCERNING STATE SHARED REVENUES
Assistant City Manager Linda Norris introduced the topic. Administrative
Services Director Warren Wong gave the presentation. He said that the reso-
lution being considered by council certifies to the State that the City of
Eugene provides at least four of the municipal services that are required to
receive this revenue. The revenue in question is $660,000 in alcoholic bev-
erage taxes, $340,000 in cigarette taxes, and $4.6 million in gas taxes.
These revenues have been included in the FY92 budget.
Responding to a question from Mr. Robinette, Mr. Wong said that it is expect-
ed that the Legislature will reduce the allocation of the alcoholic beverages
tax by approximately $114,000, if legislation to reallocate beer and wine tax
is approved.
In response to a question from Mr. MacDonald, Mr. Wong said that it is true
that the City might receive an increase in gas tax revenues from the legisla-
ture.
Res. No. 4252--A resolution certifying that the City of Eugene
e MINUTES--Eugene City Council June 24, 1991 Page 7
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e provides the specified municipal services in
order to receive State Shared Revenues pursuant
to 221.760 of Oregon Revised Statutes.
Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu-
tion. Roll call vote; the motion carried unanimously, 7:0.
VII!. RESOLUTION AUTHORIZING SALE OF BONO ANTICIPATION NOTES FOR THE 1991
RIVER ROAD SEWER IMPROVEMENT PROJECT
Assistant City Manager Linda Norris introduced the topic. Administrative
Services Director Warren Wong said that the resolution is to authorize bond
anticipation notes of up to $5.05 million for construction under way on sewer
Basins 0, E, and F in the River Road area. The City anticipates that the
notes would pay 6 to 6.7 percent in interest. At the present time, only 3
percent of the property owners have not signed a bonding agreement or paid
their assessments in Basins A, B, and C.
Mr. MacDonald asked whether Eugene, as a city under Ballot Measure 5, has
experienced any negative impact (perhaps in terms of increase interest rates)
within the bond market. Mr. Wong said that Eugene has not experienced any
such impact as yet. He pointed out that it is anticipated that most of these
bonds will be sold primarily within the state.
Responding to a question from Mr. Boles, Mr. Wong said that the security
e provisions associated with these bonds are equivalent to those associated
with Basins A, B, and C and place no additional burdens on the City.
Res. No. 4253--A resolution authorizing the issuance and sale
of bond anticipation notes in an amount not to
exceed $5,050,000, to provide interim financing
of the River Road Sewer Project, Basins 0, E,
and F.
Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu-
tion. Roll call vote; the motion carried unanimously, 7:0.
IX. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY GENERALLY
LOCATED IN THE RIVER ROAD AREA, BETWEEN KOURT DRIVE AND HAMILTON
AVENUE, EAST OF DALTON DRIVE (GATES, AZ 91-6)
Assistant City Manager Linda Norris introduced the topic. Cathy Czerniak,
Planning and Development Department, briefly summarized the code criteria
necessary for zone change and annexation. This is a property owner-initiated
request which includes a single tax lot in the River Road area. Access to
this site is currently off Kourt Drive; there is also potential access off
Hamilton Avenue. The property owner initiated annexation in hopes of broad-
ening her options with respect to the property, giving her the potential to
apply for home rehabilitation loahs, construct another home on the lot" or
e MINUTES--Eugene City Council June 24, 1991 Page 8
e sell the property. The Planning Commission recommended approval of the re-
quest.
Mayor Miller opened the public hearing.
Beverley Gates, 461 Hamilton, identified herself as the property owner and
acknowledged that her intentions for the property were accurately conveyed by
Ms. Czerniak.
There being no additional requests to speak, the public hearing was closed.
Ms. Ehrman noted that the council had received a letter from a neighbor ex-
pressing concern that Ms. Gates was being forced to annex her property. She
asked Ms. Gates to respond to that allegation. In response, Ms. Gates said
that the neighbor in question had strong concerns with the annexation of any
properties in River Road. Ms. Gates also noted that she had encountered
racism in the past from neighbors concerned that property renovation will
decrease property values in the area. She stated that this type of conduct
may occur again with this property.
Mr. MacDonald expressed regret that Ms. Gates is forced to deal with racist
conduct in the community.
Res. No. 4254--A resolution furthering annexation to the city
of Eugene and the Lane County Metropolitan
Service District for property located in the
e River Road area, between Kourt Drive and Hamil-
ton Avenue, east of Dalton Drive. The Boundary
Commission expedited process is requested.
(Withdrawal from River Road Water and Park and
Recreation districts will be processed sepa-
rately if the annexation is approved.)
Final Order AZ 91-6--A Final Order rezoning the property from
County RA/UL to City R-1.
Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu-
tion and final order. Roll call vote; the motion carried,
6:1, with Councilor Nicholson dissenting.
X. PUBLIC HEARING: ORDINANCE CONCERNING LOCAL IMPROVEMENT ASSISTANCE AND
SEWER USERS
Assistant City Manager Linda Norris introduced the issue. David Biedermann,
Financial Operations, indicated that, as explained in a memo to council, the
ordinance is needed to make minor housekeeping changes to the code.
e MINUTES--Eugene City Council June 24, 1991 Page 9
e Mr. Boles asked whether the measure would have any implications on the Sys-
tems Development Charges (SDC) ordinance. Mr. Biedermann said that it would
have not implications on the SDC ordinance.
Mr. MacDonald asked for the rationale in the original code not requiring
property owners to make payments on assessments of less that $25. Mr.
Biedermann responded that the provision was stipulated in Oregon Revised
Statutes (ORS) Chapter 223.
Mr. Robinette noted that Section 7.195 2a(2) of the ordinance is unclear and
said that he has asked staff to reword it.
In response, Bill Gary, City Attorney's Office, agreed with Mr. Robinette
that the ordinance is unclear, and suggested the following modification be
made to Section 7.195 2a(2} and 2b(2}: "a single property owner's annual
income may not exceed 35 percent of the latest Lane County family income
recognized on July 1 of each year by the Department of Housing and Urban
Development. If there is more than one property owner, their combined annual
income may not exceed 40 percent of that median family income. These maximum
annual incomes may be increased by an additional 5 percent of the Lane County
median family income for each dependent who is not a property owner and who
resides on the property and who is related to the property owner by blood or
marriage in the first or second degree."
Responding to a question from Mr. MacDonald, Mr. Biedermann said that the
percentages of Lane County median income were figures developed when the
e program was first put into place. Because incomes continue to rise with
inflation, the percentage remain stable.
Mr. Green inquired about the age requirements. In response, Mr. Biedermann
said that this deferral program was intended to address the needs of that
segment of the population that is 62 and over, but no longer income-earning.
Another deferral program is in place for individuals over the age of 55, in
which the remaining term of the assessment is doubled, thus decreasing the
payment size by one-half.
Mayor Miller opened the public hearing. There being no requests to speak,
the public hearing was closed.
CB 4315--An ordinance amending sections 7.010, 7.190, and
7.195 of the Eugene Code; and declaring an emergency.
Mr. Rutan moved, seconded by Mr. Boles, 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.
Mr. Robinette moved, seconded by Mr. Boles, to amend Section
7.195 2a(2) and 2b(2) as described earlier by the City Attor-
ney. Roll call vote; the motion carried unanimously, 7:0.
e MINUTES--Eugene City Council June 24, 1991 Page 10
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Roll call vote; the motion carried unanimously, 7:0.
e Council Bill 4315 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap-
proved and given final passage. Roll call vote; all council-
ors present voting aye, the bill was declared passed (and
became Ordinance 19784).
XI. APPROVAL OF FINDINGS AND RECOMMENDATIONS OF THE HEARINGS OFFICIAL AND
PASSAGE OF THE ORDINANCES LEVYING ASSESSMENTS
Assistant City Manager Linda Norris introduced the topic and said that Paul
K10pe, Public Works Engineering Division, was available to answer questions.
There was confusion about whether this agenda item was supposed to be a pub-
lic hearing. Mayor Miller said that since the agenda indicated it was a
public hearing, the council should hear testimony.
Mayor Miller opened the public hearing. There being no requests to speak,
the public hearing was closed.
Mr. Boles asked Bill Gary, City Attorney's Office, whether the council should
be assigning a public hearing to routine issues such as this. Mr. Gary re-
sponded that the City should not be scheduling a public hearing on routine
e matters such as this, and that this seemed to be a scrivener's error. Howev-
er, it was appropriate for the council to hear any testimony presented.
Mr. Rutan moved, seconded by Mr. Boles, to approve the Hear-
ings Official's findings and recommendations of June 11, 1991
(Contracts 90-07, 90-08, 90-23). Roll call vote; the motion
carried unanimously 7:0.
1. CB 4316--An ordinance levying assessments for sanitary sewer
in Bryon Avenue from Irvington Drive to 450 feet
south of Irvington Drive; and declaring an emergency
(Contract #90-07).
Mr. Rutan moved, seconded by Mr. Boles, 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
7:0.
Council bill 4316 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be
approved and given final passage.
e MINUTES--Eugene City Council June 24, 1991 Page 11
- Mr. Nicholson asked what would be the effect of the council not approving the
bill. In response, Mr. Gary said that if the City did not levy the assess-
ments, it would have no way to pay for the project.
Roll call vote; all councilors present voting aye, the bill
was declared passed {and became Ordinance 19785}.
2. CB 4317--An ordinance levying assessments for sanitary sewer
north of Kingsley Road and west of Goodpasture Island
Road; declaring an emergency (Contract #90-08).
Mr. Rutan moved, seconded by Mr. Boles, 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
7:0.
Council bill 4317 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed {and
became Ordinance 19786}.
3. CB 4318--An ordinance levying assessments for sanitary sewer
on 4th Avenue from 285 feet east of Lincoln Street to
e Lincoln Street; declaring an emergency {Contract
#90-23}.
Mr. Rutan moved, seconded by Mr. Boles, 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
7:0.
Council bill 4318 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed {and
became Ordinance 19787}.
XII. ORDINANCE ACCEPTING JURISDICTION OVER PORTIONS OF THE CHAMBERS STREET
CONNECTOR
Assistant City Manager Linda Norris introduced the topic. She said that this
was a routine housekeeping matter. Paul Klope was available to answer ques-
tions.
e MINUTES--Eugene City Council June 24, 1991 Page 12
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e In response to a question, Mr. Klope explained that the ordinance is needed
to correct several errors made by the County in drafting the description of
the transfers shown in the original agreement. Specifically, Eugene can not
accept jurisdiction for the portion of the Chambers Connector that lies out-
side the city limits, and the County had neglected to include the piece of
Roosevelt Boulevard which runs through a portion of the Public Works Mainte-
nance yard in their original description of the road transfers.
CB 4319--An ordinance accepting jurisdiction over portions of
the Chambers Street Connector, a county road located
within the city of Eugene; and declaring an emergen-
cy.
Mr. Rutan moved, seconded by Mr. Boles, 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
7:0.
Council Bill 4319 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed (and
became Ordinance 19788).
e XII I. ORDINANCE AUTHORIZING ACQUISITION OF GREEN ACRES ROAD
Assistant City Manager Linda Norris introduced the topic and said that Paul
Klope was available for questions.
Ms. Ehrman noted that it is not often that staff requests a blanket author-
ization to condemn property, and asked for an explanation. In response, Mr.
Klope explained that in order to get under way with a street- widening
project on Green Acres Road, the City must have a right of entry, easements,
or right- of-way onto the property. The City will compensate the property
owners for the right-of-way at fair market value. However, in the event that
the City reaches an impasse in negotiations with the property owners, this
authority would be necessary to continue project construction. The City does
not have reason to anticipate that it will have problems with the property
owners.
Ms. Ehrman asked that the council be contacted if the City has to pursue with
property condemnation.
Responding to a question from Mr. MacDonald, Mr. Klope said that the short
time line of this project and the number of properties involved made it nec-
essary now for staff to request authorization to use eminent domain.
CB 4320--An ordinance authorizing the institution of proceed-
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e ings in eminent domain for the acquisition of proper-
ty interests along Green Acres Road between Norkenzie
Road and North Delta Highway for the purposes of
construction of street improvements; and declaring an
emergency.
Mr. Rutan moved, seconded by Mr. Boles, 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
7:0.
Council bill 4320 was read the second time by number only.
Mr. Rutan moved, seconded by Mr. Boles, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed (and
became Ordinance 19789).
XIV. ORDINANCE CONCERNING SANITARY SEWERS AND SEWAGE DISPOSAL REGULATIONS,
AND AMENDING SECTION 6.070 OF THE EUGENE CODE, 1971
Assistant City Manager Linda Norris introduced the topic. Terry Smith, Pub-
lic Works, reported that the ordinance makes two small changes to the City's
connection code: 1) it reduces redundancy in the title filing process; and
e 2) corrects an error in the City's connection code so that the City deals
consistently with properties both outside and inside the city limits. Mr.
Smith explained that in the past, the City has sent a registered letter to
property owners who have not yet agreed to connect to sewers after 18 months
to remind them of their obligation. He noted, however, that the registered
letter is rather expensive. In order to reduce the expense, staff recommends
that registered letters be sent at 30 days only to those property owners who
have not agreed to connect.
Mr. Smith said that staff is also recommending that the council pass this
ordinance with an emergency clause to eliminate uncertainty among property
owners that they might not have to connect.
Mr. Boles voiced concern that a 30-day time period is too short to seek com-
pliance and suggested that this be extended to 90 days instead. Mayor Miller
agreed.
Mr. Smith said that if it is the council's wish to send the registered letter
at 90 days, it would be acceptable.
CB 4321--An ordinance amending Section 6.070 of the Eugene
Code.
Mr. Rutan moved, seconded by Mr. Boles, that the bill, with
unanimous consent of the council, be read the second time by
e MINUTES--Eugene City Council June 24, 1991 Page 14
e council bill number only, and that enactment be considered at
this time. Roll call vote; the motion carried unanimously
7:0.
Mr. MacDonald moved, seconded by Mr. Nicholson, to amend the
agreement to stipulate that the registered letter would be
sent at 90 days. Roll call vote; the motion carried unani-
mously, 7:0
Mr. Rutan moved, seconded by Mr. Boles, to amend the motion to
include an emergency clause. Roll call vote; the motion car-
ried unanimously, 7:0.
Council bill 4321 was read the second time by number only.
Mr. MacDonald stated that the high rate of compliance that the City is expe-
riencing from property owners speaks well of the staff's effort to address
community needs and concerns.
Mr. Nicholson suggested that an additional courtesy reminder be sent at 30
days. Mr. Rutan said that sending a courtesy notice after the registered
letter has been sent would not be logical. Mr. Nicholson agreed and withdrew
his suggestion.
Roll call vote; the motion carried unanimously, 7:0.
e Mr. Rutan moved, seconded by Mr. Boles, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed (and
became Ordinance 19790).
XV. NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE PUBLIC SAFETY ADVISORY
COMMITTEE
Mayor Miller notified the council of his appointments to the Public Safety
Advisory Committee.
1. CONSENT CALENDAR (continued)
Mr. Boles moved, seconded by Mr. Rutan, to delay approval of
the City Council minutes of April 29, 1991, and May 8, 1991,
until complete copies could be provided. Roll call vote; the
motion carried unanimously, 7:0.
The meeting adjourned at 9:10 p.m.
Respectfully submitted,
e MINUTES--Eugene City Council June 24, 1991 Page 15
~~-.
e Micheal Gleason
City Manager
(Recorded by Traci Northman)
mncc 062491-730
e
e MINUTES--Eugene City Council June 24, 1991 Page 16