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HomeMy WebLinkAbout12/14/1977 Meeting J .. M I NUT E S EUGENE CITY COUNCIL e December 14, 1977 Adjourned meeting from December 12, 1977, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 12 noon on December 14, 1977, at King's Table, Oakway Mall, with the following Councilors present: Eric Haws, Tom Williams, Ray Bradley, Jack Delay, Scott Lieuallen, and Betty Smith. Councilors Brian Obie and Bill Hamel were absent. 1. Items from Mayor and Council & A. Human Rights Commission Appointments--Mr. Haws and Mr. Hamel have arranged for interviews for the Human Rights Commission Friday, December 16, 1 p.m., Mayor's Office. B. Metropolitan Plan Policy Committee--Mr. Bradley advised Council of a change in staff personnel. City of Eugene Planning Department staff, Chenkin and Jim Croteau would be on loan to LCOG; and from Lane County, Mike Yeager. He noted also the staff was in the process of analyzing the employment, housing, and economic needs of the metropoli- tan area to be included in an update plan. Manager noted receipt of a - County resolution from Alan Maxwell, chairperson, and also a letter concerning the Metro Plan Update Work Program, asking the various juriSdictions to review the work plan. This item will be presented to Council December 21. C. Lane County Position on Annexation--Mr. Bradley reported the Board of County Commissioners had passed a resolution regarding the matter of County policy with regard to annexation of agricultural lands, declar- ing its position to be that prior to annexation to cities of agricultural lancts as defined by LCDC Statewide Planning Goal No.3, an exception should be taken to said goal pursuant to Statewide Planning Goal No.2. D. Sale of Krugerrand--Mr. Bradley noted a petition was being circu- lated in the community regarding banning the sale of Krugerrand in the city. He had had no connection and had not spoken with anyone regarding this petition. He noted Council IS earlier action of tabling a motion for Council ,to take a stand regarding the sale. He ques- tioned whether Council would be willing to take the motion off the table and refer the matter to the Human Rights Councilor Minority Commission for evaluation and referral back to Council for a stance. In response to a question from Mr. Haws, Mr. Bradley felt that Coun- cil's passing a resolution that Krugerrand should not be sold would be a statement for the human rights of oppressed people in South Africa. ,tt 12/14/77--1 9~o Mr. Delay had no opposition to asking the Human Rights Commission \ , for it> opinion. He questioned where Council was procedurally. Ms. Smith felt Council should wait until the petition was received -- before taking any further action. ~ Mr. Bradley moved, seconded by Mr. Delay, to take the motion off the table and refer the matter to the Minority Commission. Mr. Williams raised the Question of whether Council should be in- volved in endorsing one commercial enterprise versus another. He felt this to be an improper area and a frivolous waste of Council's time, noting that Council should be more concerned in dealing with local meaningful issues such as street paving and financing City's work. Mr. Haws felt there should be some restraints on government as well as certain restraints on human behavior, noting he was opposed to what was happening in South Africa. He felt perhaps the Commission coul d make a recommendati on back to Councn. Mr. Delay felt as an elected body that Council had the same responsibility as individuals in society. Opposing the financing of a country which practices oppressive human rights he felt not to be a frivolous matter at all. Vote was taken on the motion, which carried, with -all Councilors present voting aye except Williams and Smith voting no. E. Budget Committee Appointment--Mr. Bradley recommended reappointment of Rosalie Lemert, 10 East 40th, to the Budget Committee for a term ending 12/31/80. -- Mr. Haws moved, seconded by Ms. Smith, to approve the appointment. Motion carried unanimously. F. Annexation Report--Manager noted distribution of the report to Council, with discussion to be held December 21, with the Planning Commission in attendance. G. Change in Agenda Order--Manager suggested Item X, Taxicab deregu- lation, be discussed after Item III on the agenda, noting there were persons in the audience wishing to testify. H. Meeting Schedule for January--Manager said regular Monday night meetings were scheduled for January 9 and 23, with the Hayor's "State of the City" address on the 9th, making the 23rd meeting fairly heavy. There would be four regular Wednesday meetings during the month of January. II. Wastewater Management Service District Formation--Memo distributed. Manager said the Commission had reached a crucial point in establishing a wastewater County service district, noting the hard work and length of time that had gone into reaching this point. The Commission is now (- , 12114/77--2 q~u . proposing a vehicle for providing the local government share of funding the plant and major facilities. . The district will actually include just . the two cities although it is called a County Service District and nomi- nally is headed by the Lane County Commission. William Pye, manager Metropolitan Wastewater Commission, said the Lane County Commissioners had passed on December 13 a resolution of intent to form a district to provide a means of financing the nonfederal share of the cost of regional facilities for a regional sewerage district. He said Council passage of the resolution before it would replace Resolution No. 2680 passed on June 13, and coupled with other actions will allow bonds to be sold from the proposed district and allow the County service district to be formed. Ms. Smith, who serves on the Commission, supported both City Manager's and Mr. Pye's remarks, urging Council to suppor,t the resolution. ~ Mr. Bradley questioned how much authority this would give to the Lane County Commissioners, and whether Council would be giving up any authority. Assistant Manager replied he did not believe the basic policies of the City or the ability of the Council to adjust its policies would be im- paired by this commitment. It will allow the City to express its position on matters in a constructive way. In answer to a question from Mr. Bradley, Assistant Manager continued that he did not think this would give Lane County Commissioners ultimate veto power. The ultimate intent is toward cooperation between the jurisdictions. If there were unforeseen events to occur, the City would be in a position to withdraw from the e proposal up to the time bonds are sold. He also noted there was a clear definition of roles. Ms. Smith clarified that the Wastewater Commission membership consists of three members of the city, one elected official, and two lay members; two from Springfield; and two from Lane County. Mr. Bradley expressed concern about Lane County's decision governing the district and how that might jeopardize the City's policy regarding the River Road and Santa Clara areas. Assistant Manager replied the boundaries of the district will not change unless by concurrence of the three jurisdictions. City Attorney clarified for Council it was looking at something new that has taken a great deal of time to work out, looking at whether or not the relationship between the three juriSdictions is what Council wants, looking at the possibility of some future elected official possibly creating a problem, but at this point all the mechanisms and restraints possible have been provided. He felt they were adequate and said the agreement depends upon the good faith of the participants. Mr. Bradley wondered if the resolution were not passed, what the alterna- tives might be. Assistant Manager said the same process would be gone through once more and probably would result in a joint venture not dif- ferent from the present one. Stan Long said the alternatives would be Eugene and Springfield forming a service district alone, this project with the three jurisdictions, or no project at all. e 12/14/77--3 QZ2 Res. No. 2799--Authorizing formation of County service district re: wastewater management was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the ~ resolution. Motion carried unanimously. . III. Land Acquisition for Consolidated Maintenance Facility--Memo distributed. Manager noted this project had been in process for at least eight years, at which time a study by an outside organization advised the City to take the step in consolidating maintenance facilities in the interests of efficiency of operation. Council had taken a tour of the County shops which will be vacated April- 30, 1978. The City has an option to purchase the property, shops, and equipment in place, for $575,000; the option expires January 2, 1978. Ken Hatch, supervising engineer, said the concept of centralized mainte- nance means the City would consolidate its fleet maintenance activities into a single shop and place management under one professional manager. The two basic reasons for taking this action would result in more effi- cient service and use of people with experts running the operation, and would reduce the cost of operations, which he noted were skyrocketing. He said in the last ten years the City maintenance costs have risen 562 percent with an annual cost increase of over 15 percent per year. He noted the City's maintenance facilities are now highly diversified in five different departments requiring five separate supervision staffs. The centralized maintenance concept has been in process since the study done eight years ago, and since that time staff had been looking at locations and evaluating prices for such consolidation. In 1974 the .~ estimated price for such a maintenance facility was $1.75 million. Later ~ . in 1974 it became apparent that the County was going to vacate its facili- ties on Roosevelt Boulevard. The facilities appeared to provide enough space for the City maintenance facilities, with an excess of ten percent space in which to expand. Also, there is enough acreage for future building expansion. He noted the extremely crowded conditions of the present City facilities and the fact that the City insurance company had indicated the need to develop more space because of the crowded unsafe working conditions. Last year City Council approved an option agreement with Lane County to purchase the property for $575,000. Mr. Hatch said this was one-fourth to one-third what the cost would be if the City were going to construct its own consolidated maintenance facility. He felt in the interest of the economy to be achieved and to provide a base for future expansion, Council should approve. In response to a question from Mr. Haws, Mr. Hatch said this purchase would pay for itself in three to five years. In projecting out budget operations, he noted $138,000 more would be needed for the City to maintain its facilities this year if the consolidation were not achieved. Therefore, it would take only a three-to-five year period to make up the $575,000. Mr. Haws moved, seconded by Mr. Delay, to authorize City Manager to exercise option for purchase of property lo- cated at 1820 Roosevelt Boulevard for central maintenance facility. Motion carried unanimously. . 12/14/77--4 ~ qt3 " . - ._~ . IV. Taxi Deregulation of Rates--Memo and materials distributed. . Manager reviewed memo from Mr. Hamel, who served on a subcommittee re- garding Council IS regulating of taxicab rates. There were five suggested alternatives to Council, with the subcommittee's preference that Council adopt the recommendation to allow the market to control the rates, but require the posting of rates and advance notice to the City before changes in rates take effect. He said the procedure today would be to take testimony from persons representing the taxi companies and ask Council to direct staff as to which course of action it wished to tak e. That course of action would be prepared in ordinance form and brought"back for passage at a later meeting. Mr. Haws wondered what the posting of rates meant. Sherm Flogstad, Finance Director, said the requirement would be that taxi companies provide to the Finance Department any proposed rate increase schedule 30 days prior to its goinq into effect, and also a posting of those rates on the vehjcles. Mr. Haws wond~red how the general public would be aware of what rates various cab companies charge. Mr. Flogstad replied through the ordinance, the taxi cabs companies would be required to provide public notice in the newspaper; however, this would be a one- time notification only. Mr. Haws was still concerned regarding how the general public will be alerted as to the rates. Mayor noted that was one of the problems of deregulation. Donald Knutson, 1160 West 8th, owner of Rickshaw Taxi Company, said he did not feel an increase in fares should be allowed at this time. He said every time rates were increased, there were fewer passengers, and, - therefore, the taxis lost money. He felt the taxicab companies should be required to submit rate changes to the Finance Department~ He suggested that rates be frozen for a period of one year under this new system to see how it waul d work. In that way there would not be the hassle of changing ra tes eve ry 30 day s. He noted senior citizens in the city cannot now afford the present taxi rates, and if rates were less he would have more business and thus make more money. He noted the City now requires rates to be posted on vehicles, but a majority of the cabs do not do so. Alan Wagner, 4502 River Road, representing Dial-a-Cab Company, said he felt the Finance Department wanted a free-market system that would not require them to be involved in regulating taxi rates. His ma i n - complaint was the Finance Department was not wanting to take the time to determine taxicab rates and preferred deregulation of rates. He felt a one-year freeze on prices was not a free market system and, therefore, did not feel the freeze on prices was a good idea if the free market system was going to be used. He noted also the possibility of going to a zone system charge which the ESATS Study had recommended. He felt if that were done, there would be people in the City complaining about higher . e 12/14/77--5 C);2H prices. He himself would be content to have the Finance Department continue to regulate increases and allow the taxi companies to operate on. a equal footing with one another. He said that way there would be . no rate undercutting and gouging of customers. He felt some sort of stabil i ty of the industry was necessary,- noti n9 the taxi compani es were competing with federal, state, and county subsidized transportation in the area. - Johnnie Miller, 1141 Main Street, Sprinqfield, represented Eugene Taxi Company. He did not have any objections to a free-market system for taxicab rate's. He did not believe the companies would undercut each other or gouge customers, noting if that were done the cab companies would soon go out of business. He felt Council should look at the possibility of zone rates, as he felt that would eventually be the outcome of the energy shortage. He said the service could be better because reduced rates could be possible in that cabs could carry more than one customer within a zone. He also felt most Qf the cab companies had the rates posted in the cabs now. Mr. Haws questioned if there were going to be a free-market system, how the general public was going to know which cab company was the cheapest. Mr. Miller replied the general public wishing to use cab companies would have to call and ask what the rates were. However, he did not feel there would be that much difference in rates. He noted people use cab companies where the performance and service is good, with clean cars and good dri vers. James Perkins, 360 West 1st Avenue, representing Checker Cab Company, said he had no quarrel with deregulation of rates. Hi s only concern was that the City wants to be involved in the deregulation in requiring cab companies to post their rates with the Finance Department. He e felt that was unnecessary, that if the City were going to deregulate it ~. should not be involved in any way. He noted with the free-market system, the rates could change daily or weekly and that people would have to call cab companies to find out the rates. He also was in favor of the zone rate, noting an exact amount could be given. He felt also the City was not strict enough in enforcing licensing. He noted his intent to go to zone rates if deregulation occurs, which raised an objection in regard to requiring meters in the car as he would have not have need for a meter with zone rates at a set amount. In response to a question by Mr. Delay, Mr. Flogstad said the ordinance being drafted would provide for either meter rates or zoning rates. He expressed an interest in talking further with the cab companies to discuss their feeling regarding the matter. Mr. Delay continued that it seemed posting of rates was primarily for the public benefit and he felt it important that the vehicles do have the rates posted. He felt it impprtant that the posting be in a highly visible place if rates were deregulated. Mr. Williams agreed with the posting on vehicles and noted I (e 12/14/77--6 '\7..5 , there was an element in the discussion suggesting that this was an experi- . me nt. He felt if the Finance Department knew what the rates were, they could use that information later. Mr. Floqstad said one of the purposes of posting was to avoid rate increases every other day and to encourage the taxi companies to charge the rates that are posted. Therefore, the companies could not reduce or increase rates on the spot. Mr. Bradley wondered who the major single users of taxis in town happened to be. Mr. Miller responded it was pretty hard to tell, as in the summer there is a lot of transient use from conventions and in the winter cabs are used mostly by local people. He estimated 25 percent of his business i was from people 65 and older, 50 percent were steady customers of just the general public. Mr. Haws moved, seconded by Ms. Smith, to instruct staff to prepare an ordinance proposing deregulation of taxi rates. ... Mr. Haws noted he would like to have some vehicle for implementation of not ifi cat ion for the general public as to taxi rates. Mr. Bradley expressed opposition to the concept of deregulation of local taxicab businesses in the city. He said it would not allow any guarantee that the people in the city would be protected by deregulation. He said it seems the staff had taken the position that it was difficult to set the rates and since it seems difficult and inefficient, it would be better to let the market place dictate those rates. He felt if Council wanted to protect the public, it should take the opportunity of at least e setting a maximum rate and allowing the free maket to establish the minimum rate. Mayor Keller responded that this particular action had come as a result of previous Council action expressing a desire to remove itself from the business of regulation of rates. He felt Mr. Bradley was now sayi ng the amount of time spent by the staff was a waste of time and this was not the intent of Council. He felt Council should be either in or out of the cab business. Mr. Bradley responded that if Council were looking for a procedure in which the Council would not be involved, but could still regulate rates, perhaps having a hearings official to estab- lish regulation of rates would be a good idea. He felt it necessary to have a different method than deregulation in which to regulate rates in order to protect the general public. Mr. Delay said he had seen no evidence of the need to regulate in this - particular case. He said if the result of the new ordinance produces deterioration in the level of services or creates other problems for the public, then Council could look at the problem again at that time. However, he saw no evidence not to deregulate rates, with the potential of the zone system and better posting of rates. Otherwise, there were only two options open to Council; to either set rates as it had done in the past, or to set a very high rate. e 12/14/77--7 92.b -. Mr. Williams reminded Council it does not regulate public accommoda- .. tions in any other area except taxis, noting it does not regulate buses or renta 1 ca rs. He suggested that if Council really wanted to protect the (- public, there were other areas in which it could do so. Mr. Bradl ey responded he sti 11 felt that Council shaul d di rect the staff to draft an ordinance that would establish a maximum rate and allow the free market to establish the minimum rate. Vote was taken on the motion, which carried with all Council members present voting aye, except Mr. Bradley 'voting no. t V. Public Hearing: Boundary Commission initiated annexation of rights-of-way. Recommended by Planning Commission on November 21, 1977. Manager said Council was be.ing asked by the Boundary Commission to review their pro- posed annexations for the City, and Jim Saul was available to answer questions. ~ Publ i c heari ng was held with no testimony presented. Mr. Haws moved, seconded by Mr. Delay, to approve Boundary Commission initiated annexation of rights-or-way. Motion carried, with all Council members present voting aye and Mr. Bradley abstaining. Mr. Bradley noted his reason for abstaining was to wait for the Council discussion on annexation December 21. ce VI. Calling public hearing January 18, re: Alley Vacation (Eugene Planing Mill)(AV 76-5) C.B. 1579--Calling public hearing January 18, 1978, re: Alley vacation located between Lincoln Street and Lawrence Street from West 2nd Avenue to West 3rd Avenue, and retaining public utility was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Delay, that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. The motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Delay, that the bill be approved and given final passage. Roll call vote.' All Council members present voting aye, the bill was declared passed and numbered 18090. (e 12/14/77--8 'iA.l < . , VI I. Segregation of Assessments A. North of Barger Avenue, east of Terry Street; applicant: Anson . Surveying, 205 Figueora; SE 77-14 B. Between Alfaretta and Barkley and between Debrick and Hammock; applicant: Murray McBride, 1311 Brickley Road; SE 77-16 Mr. Haws moved, seconded by Mr. Delay, to approve the segregation of assessments. Roll call vote. filoti on .carried unanimously. VIII. EWEB Property Transactions--Maps distributed. Res. No. 2800--Authorizing reconveyance of easement located as shown on Exhibi t "A" from City of Eugene to Morton Saks, Archie Weinstein, and Samuel Rubenstein was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2801--Authorizing reconveyance of easement located as shown on Exhibit "A" from City of Eugene to Heinz W. and Klare B. Kaiser was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. e Res. No. 2802--Authorizing reconveyance of easement located as shown on Exhibit "A" from City of Eugene to John and Colleen McGinty and Myrtle M. Keeney and Myrtle O'Hare was read by number and title. Mr. Haws moved, seconded by Mr. Oel ay, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2803--Authorizing reconveyance of easement located as shown on Exhibit "A" from City of Eugene to Bruce L. and Carol Barnes was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. IX. Authorization of Transfers and Appropriations--Memo and resolutions distributed. Manager noted the memo outlined the reasons for this action by Council today. Mr. Delay asked for clarification of the agreement with the cable television company. Mr. Williams responded the basic agreement is to provide information about negotiation procedures, a technical study of Teleprompter operations, and a financial study of the costs of the operation. He said there had been a number of conferences between the e center and the City Attorney. 12/14/77--9 QZ8 Res. No. 2804--Authorizing transfer of contingency funds in amount of $17,500 for payment of agreement with Cable Television (. Information Center was read by number and title. - Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll ca 11 vote. Motion carried unanimously. Res. No. 2805--Authorizing transfer of non-contingency appropriations within a given fund between programs and/or object groups was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2806--Authorizing transfer of appropriations to rectify omissions from the adopted budget and to effect necessary adjustments~from savings resulting from salary budget and other miscellaneous revisions was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. x. Request for Land Acqisition through Power of Eminent Domain-- Memo distributed Manager said the staff was in contact with all property owners involved (. and the main question was one of price at this point. It is necessary to enter into the process of eminent domain to meet federal regulations in this acquisition which is being funded through Community Development funds. He noted on the map that the property numbered 6100 was a vacant lot to the south and a parking lot to the north. Don Allen, Public Works director, noted the last sentence of the memorandum should be deleted. Location of the bike path was adjacent to the junction of River Road and Blair Boulevard to allow bicyclists to avoid that intersection. Mayor Keller questioned whether the owners of Tax Lot 3800 had any objections. Mr. Allen replied that particular area was an apartment complex and the bike path would go along the south border. He said, however, on Polk Street the bike path would go beside a single- family dwelling where a driveway and alley now exist. Mr. Will i ams was concerned with using eminent domain procedures for this particular single-family dwelling lot. He wondered if the people could seriously argue about the worth of reimbursement versus losing meaningful property. City Attorney replied that the City would negotiate according to State law and if a price agreement cannot be reached, a court judge would set a justifiable compensation for the land. ctt 12/14/77--10 q~'l . . . . Jim Saul, planner. clarified for Council that the house on this particular property ;s oriented to Polk and the right-of-way is in line of an already . existing driveway to an apartment complex, noting the separate driveway had been in existence for a number of years. Mr. Lieuallen said that in his experience with the Public Works Department, the process of eminent domain is used with extreme caution and care. The Department is reluctant to take property by this means and will use other alternatives if possible. Res. No. 2807--Authorizing institution of proceedings in eminent domain for acquisition by condemnation of right-of-way for bike and pedestrian path between Polk Street and Grand Street to the north of Roosevelt Boulevard was read by number and title. Mr. Haws moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. Xl. Approval of Minutes . Mr. Haws moved, seconded by Mr. Delay, to approve Council minutes of November 30, 1977. Roll call vote. Motion carried unanimously. Upon motion duly made, seconded, and passed, the meeting was adjourned to December 21, 1977. -; ~H:~ City Manager CTH:DT:jm/CM23b5 e 12/14/77--11 <130