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HomeMy WebLinkAbout02/02/1977 Meeting e e - MINUTES SPECIAL MEETING EUGENE CITY COUNCIL February 2, 1977 Special meeting of the Common Council of the City of Eugene, Oregon was called to order by Council President Eric Haws in the absence of Mayor Keller at 1:25 p.m. on February 2, 1977, at the Oakway Mall King's Table Restaurant for the purpose of approving a contract creat- ing the Metropolitan Wastewater Management Commission to serve Spring- field, Eugene, and Lane County, and to discuss the proposed amendments to the contract. Other Council members present were: Williams, Bradley, Delay, Lieuallen, and Smith. Mr. Al Wright, LCOG, indicated there was only one change to the February 1, 1977, contract agreed upon by the three agencies involved, that being capacity allocation. He said the issue of representation would be main- tained as originally recommended and as stated in the contract. He reported that the Lane County Commissioners, at a meeting held February 2, heard testimony from River Road/Santa Clara residents petitioning their concerns: 1) there should be a continued design of the plant and cost recovery procedures for the sludge problems; and 2) some kind of legal protection indicating the River Road/Santa Clara area would never be annexed to the city. The County Commissioners did not want to make a decision until considering these petitions and requests; they therefore delayed their decision until Wednesday, February 9. He indicated, again, the critical time element and that the Commission needed to be created and in action by February 17, in order to make the May 16 deadline. He urged the City Council to make appointments to the Commission. Councilman Bradley indicated he wanted some clarification on the estab- lishment of boundaries for a County service district and whether it could be done without approval of the County Commissioners. Ms. Joyce Benjamin, City Attorney's office, indicated the County Commissioners must approve. Mr. Martin asked Ms. Benjamin if she would explain the process of creating County service districts. Ms. Benjamin replied that, if there are 100 peti- tioners signing a petition, the establishment of a special service district has to be put on a ballot. Mr. Bradley then asked what action the Boundary Commis- sion would have in establishing such districts. Mr. Long, City Attorney's office, said the Boundary Commission would have the final say on most every service district, but he was not sure on this particular one. Councilman Lieuallen then asked if the contract would give the Wastewater Commission effective power to establish its own service boundaries. Assistant Manager indicated no, that the contract creates that area but that the Commission could create a service area for a financing area but not a service area. Mr. Wright said that the taxing district must lie within the service area. Assistant 2/2/77--1 73 ;,'n',;i: ;~~~~ - Manager said that the financing area and the service area do not have to be one and the same. Lieuallen then asked if the Commission could extend the boundary and then move into it, to which Mr. Long replied, that the taxing district is to raise the money. The service provision is the responsibility of each jurisdiction. Assistant Manager again indicated that the Commission will be dealing with fairly heavy and complex issues which will be coming very quickly and will need immediate attention. He asked the City Council to move with some di spatch. Mrs. Smith moved, seconded by Mr. Williams, to authorize execution of the contract. Mr. Bradley asked if the reference on page 2, item No.1, to the 1990 Plan would lock the Commission into following the 1990 Plan. Ms. Benjamin replied that reference to the 1990 Plan was a common reference for defini- tion only. Manager indicated that, if the County Commissioners do not approve the con- tract, Eugene and Springfield might be able to form a district together, but that it should be done within the next two weeks in order to conform to the limited time constraints. Mr. Wright said the earliest possible time that any decision will be known as to whether all three agencies will be involved will be Wednesday, February 9, in the morning after the County Commissioners have their meeting. e Councilman Delay asked Mr. Allen, Public Works Director, about fee struc- tures and incentives to alternative systems. Mr. Allen replied that that was a function of the new Commission itself and it was appropriate for the Commission to deal with those issues. Vote was taken on the motion, which carried unanimously. Councilman Smith asked whether it would be appropriate at this time to schedule a tentative Special City Council meeting for next week in the event the Lane County Commissioners do not act on the proposed contract. Assistant Manager indicated it might be best to authorize the City Manager tentatively to go ahead with Springfield and execute a contract in that event. Discussion was held as to whether or not to accept the contract with no further consideration of amendments. Mr. Delay brought up the possibility that if the Lane County Commissioners do not accept the contract and the contract is only between the Eugene and Springfield areas, there may be different kinds of modifications necessary to be made and whether those modifications could be made in the time frame allotted. Mr. Bradley suggested that the contract be adopted with an addendum that if the Lane County Commissioners are unwilling to enter into the contract then Eugene will go ahead and adopt one with the City of Springfield. 2/2/77 --2 e 7'+ e - - Manager said that adopting the contract and leaving out the County Commis- sioners would create special problems. Mr. Williams said that he felt uncomfortable with adoption of a contract with a potential threat involved. He felt it would be best to leave it at simply adopting the contract and see what happens with the Lane County Commissioners next week. Mr. Haws indicated he wanted to take a firm stand and did not want to initiate any threat. Mr. Delay indicated that he agreed with Mr. Haws that it was necessary to lay the cards on the table and let the County know the City is willing to go along with Springfield alone, if the County does not agree to enter into the contract. Mr. Bradley moved to authorize that, in the event the Lane County Commissioners do not adopt the contract, the City Manager may enter into the contract wi th Spri ngfi el d, i denti cal to this agreement except for deletion of the County's role and responsibility. The motion died for lack of a second. Councilman Williams indicated two concerns: 1) that there was a clear understanding a need exists to adopt the contract; and 2) what implica- tions there were in regard to other courses of action. Manager indicated he is not sure that the City of Springfield would agree to everything in the contract as is, if the Lane County Commissioners did not approve it. Mr. Delay requested the staff to be exploring alternatives to see what changes will have to be made if Lane County does not enter into the contract. Manager indicated he will be developing a contingency plan. Mr. Wright said that if the contract were just between the two cities that the issues would be more complex than just changing some of the wording and perhaps the Council should consider scheduling a meeting for Thursday, February 10, if anything goes wrong on Wednesday. Manager again indicated that he would be in communication with the Springfield staff to look at what changes need to be made in that event. Membership on the Commission was the next issue discussed. Councilman Williams indicated that he was in favor of the idea of continuity and he would like to encourage Mayor Keller to remain on the Commission. He also indicated that he would like to see the Council appoint one of its members and one from the community for the third pOSition. He also indicated he felt that it was not necessary to make the appointments "today". He felt Mayor Keller's opinions and input would be necessary; the Council doesn't know if it will have to make any appointments; and no appointments made tOday would be of any significance until next week. Mr. Lieuallen moved, seconded by Mr. Delay, that Council- man Bradley, Mayor Keller, and Mr. Mark Westling be appointed to the Metropolitan Wastewater Management Commission for one year terms. 2/2/77 --3 75 - e -e Councilman Williams reiterated what he had said before and felt that Mayor Keller should at least be consulted before being appointed to the Commission in light of the fact that he had declined interest in continuing on with the Commission work. Mr. Wright reiterated that the appointments need to be made prior to February 17, in time for the Commission members to receive materials and get prepared for the meeting on that date. The manager said that the Council could make recommendations next week at the Committee-of-the-Whole meeting and act on those recommendations at the formal Council meeting February 14. With consent of the second, Councilman Lieuallen with- drew his motion. How the appointments should be made was the next issue discussed. Councilman Williams indicated that there was no question that the appointments will have to be made, but not until the 14th and, there- fore, the Council was in no position to solicit interest forms and interview citizens from the community. He indicated that perhaps Council should consider some modification of that process and after talking to Mayor Keller make interim appointments. Mr. Bradley indi- cated that if the interim appointments were made, the minimum time to serve should extend past the May 16 deadline. Councilman Lieuallen felt that there was a need to alter the procedures for selection of members on Boards and that perhaps the interim appointments could be made up to the time the other boards and commissions terms exprire and use new procedures for selection that apply to all. Upon motion duly made and seconded, the meeting was adjourned. ~)~ Charles T. Henry Ci ty Manager DT :jm/CM12a20 2/2/77 --4 1b