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HomeMy WebLinkAbout02/22/1978 Meeting ry e e - M I NUT E S EUGENE CITY COUNCIL February 22, 1978 Adjourned meeting from February 15, 1978, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 12 o'clock noon on February 22, 1978, at the King's Table, Oakway Mall, with the following Council members present: Eric Haws, D. W. Hamel, Tom Williams, Ray Bradley, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. I. ITEMS FROM MAYOR AND COUNCIL A. Eugene-Springfield Air Quality Maintenance Area Advisory Committee Mr. Delay announced that the recommendations for membership on this committee have been reviewed by DEQ, Springfield, and Lane County. The expertise and interest of the committee nominees is great, and the proposed membership covers a broad spectrum. One question that had been raised, however, was whether there is too much industrial represen- tation. The task force feels there is no problem in that regard. Res. No. 2837--Approving membership on the air quality maintenance area advisory committee was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to approve the resolution. Motion carried unanimously. B. Change in Agenda Item Manager announced that Item V, Energy Conservation Report, would be held over to another meeting and, in its place, a proposed tree-cutting ordinance would be discussed. C. Greenway Dedication Manager reminded Council of the Greenway Bikeway dedication Saturday at 1:30, at the bridge. D. Finance Quarterly Report Manager noted receipt by Council of copies of Finance Department's quarterly report. E. Appointment to Plumbina Board Manager noted recommen ation of reappointment to the Plumbing Board of Warner Dallas, 110 Greenacres Road, for a term ending 1-1-79. 2/22/78 - 1 I" Mr. Hamel moved, seconded by Mr. Bradley, to approve the reappointment. Motion carried, all Council members present voting aye except Mr. Lieuallen and Mr. Delay voting no. - II. TAXI DEREGULATION ORDINANCE Memo and proposed ordinance have been distributed to Council members. Manager noted that the ordinance represents a substantial revision including a tightening of the regulations on equipment quality. Staff feels the changes allow the public adequate protection. The proposed ordinance provides for two types of rates, one on a zone basis and one on a taxi meter system. Each cab company has to be totally on one system or the other. He further stated that the companies themselves have participated in the review of the proposed ordinance. It is staff's position that deregulation is not a serious problem as far as protecting the consumer while at the same time providing greater flexibility in the system. Mr. Bradley wondered how a potential customer would know which system would be the cheaper for him to use. Finance Director noted that rates are posted so as to be seen through the windows of the taxicabs, plus as customers use the system more, they can better tell which is the best for them. Mr. Hamel, who served on the committee, said that there are generally two types of passengers--the traveling man and the elderly person. It is his contention that competition will keep prices down enough and there will probably not be more than a ten percent difference between ~ cab companies. Mr. Delay said it was his opinion that not many dispar- ities will exist. In fact, he felt it would probably move toward the direction of what system seems to make the most sense. He felt that Council's only interest should be to ensure, in a year or two, that rates are not increasing differently from the rate increases in other area$. He then referred to Section 3.363(2), the wording "If the drivers' taxicab drivers' business license is suspended". He wondered if that was a typographical error. Finance Director noted the wording was correct, that it was to differentiate between the license for the driver to do business as opposed to his State of Oregon drivers license. Mr. Delay then referred to Section 3.365 stating that no person may operate a taxicab carelessly or recklessly or while intoxicated. He wondered what remedies there are if the driver violates that section. Finance Director responded that the license would be suspended for a period of time. Mr. Delay then remarked on Section 3.375 on display of rates. He was not sure that the signs which are required would be clear enough to the customer. Shirley Swenson, Finance Department, responded that the committee felt the sign would be adequate. In addition, she noted that the cab companies will give out rate information over the phone. Mr. Delay then referred to Section 3.405, wondering if the receipt given a customer upon demand need contain the number of the taxi meter. Finance Director responded that that woul d be i ncl uded to verify the accuracy of the charge should it be questioned. - 2/22/78 - 2 111 e Allen Wagner, Dial-A-Cab Company, said the cab operators are disturbed about the requirement to run top lights in the day when no one can see them anyway. He feels it would be a strain on the cab's battery. His other major concern is that the ordinance contains an emergency clause, meaning that if passed "today" all cabs would have to be pulled off the street until the appropriate changes are made. Manager noted that the emergency clause could be deleted in which case the ordinance would become effective in 30 days. Staff also responded that the reason for the light on the top of the cab is to show the cab's availability for service. Mrs. Smith wondered if it would be appropriate to have that light on while a cab is in motion and available but let the light be turned off when it is parked at a taxi stand, and obviously available. Mr. Williams said he isn't convinced that a case has been made that the City should tell the cab companies whether they must have lights. Mrs. Smith said she supports the ordinance with the exception of the light requirement. Mr. Keller noted that the intent of the ordinance is to deregulate, and he wonders how dere9ulating could include a require- ment that a driver not be allowed to smoke. On page 12 of the ordinance, Mr. Bradley wondered about the taxicab driver being allowed to cruise in public ways and places soliciting passengers for hire. Finance Director said that recommendation was made to provide more flexibility and to supplement other forms of transportation available. Mr. Bradley then wondered about allowing the drivers to stop on private property when permitted by the person in charge thereof. He wondered what would prevent a large hotel, for example, to give exclusive franchise to one company to park on their property to the exclusion of other cab companies. City Attorney responded that that could happen under the proposed language. Council could decide whether to research that further. Mr. Bradley said Council should be very careful because the whole proposal will greatly affect the consumer. Mr. Delay said that, if it creates problems, and cab drivers try to increase their rates too much, Council can look again at the matter. e Mr. Obie moved, seconded by Mr. Bradley, to adopt the ordi- nance with amendments eliminating the requirement for a light on top and eliminating the emergency clause. Motion carried, all Council members voting aye except Mr. Bradley and Mr. Haws voting no. C.B. 1609 regarding taxicabs; amending Sections 3.005, 3.010, 3.535, 3.355, 3.360, 3.365, 3.375, 3.380, 3.385, 3.390, 3.405, 3.410, and 3.415 of Code, 1971; repealing Sections 3.370 and 3.420; adding new Sections 3.363, 3.380, 3.383, 3.391, and 3.392; and declaring an emergency was read the first time by Council bill number and title only, there being no Council members present requesting that it be read in full. Mr. Hamel moved seconded by Mrs. Smith 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. - 2/22178 - 3 , 18 Mr. Delay moved, seconded by Mr. Bradley, to postpone and bring back with the amendment that the cab be marked so that there is a clear definition from the outside whether the cab has a meter or zone rate, ~ and that the schedules be in large and legible print type. Motion carried unanimously. Ms. Smith noted that some consideration had been given to special rates for seniors; she wanted that idea to be considered by the cab companies. III. PROPOSED TREE ORDINANCE Kay Holbo, chairpersun of the Tree Ordinance Committee, said the committee was formed as a result of controversy over South Hills tree cutting. She said discussion on the committee ranged from one extreme to the other-- from accceptin9 as amended last September to allow five trees to be cut on a lot per year, to allowing no trees to be cut on undeveloped land without a tree-cutting or building permit. The recommendation of the committee is a compromise. However, the recommendation was unanimously supported by the committee members present at the meeting. Mr. Delay asked committee member Brian Obie if he felt that passage of the ordinance would stop the kind of activity that causes the citizen in the South Hills area to complain. Mr. Obie felt it would stop it in those areas: already subdivided and ready for devel opment.~ He urged Counci l to pass it because of some danger pf tree-cuttino.- Mr. Williams said he was troubled in that Council knew nothing of the proposed ordinance prior to IItoday'sll meeting. Mr. Obie responded he would like to pass the proposed ordinance IIt6dayll, but, if more discussion is required, a public hearing could be set at a future ~ time. Mr. Delay was assured by Mr. Obie that this was basically a strengthening of the existing ordinance to deal with logging types of operations, but that it does not address the overall question of appear- ance of ridge lines or hills. Ray Wiley, committee member, said the proposed ordinance changes the definition of a tree. Some committee members felt that there were many small trees that should be covered by the ordinance if the purpose was to prevent logging operations. He said the other large loophole in the present ordinance was that a subdivider could cut five trees per lot per year on his land but, after subdividing, he would no longer have one lot, so he could multiply the number of lots times five. Under the proposed ordinance, no trees can be cut on lots or parcels less than 20,000 square feet without a building permit. This provision would put tree-cutting into builders' or property owners' hands, 'and they would probably be more senstive than the developer. Tom Slocum, committee member, reiterated that this proposed ordinance will stop the immediate problem, but will not address any large lot subdivision. City Attorney noted that, based on the need to get this proposed ordinance to Council quickly, staff could not make as many technical changes as it would have liked. e 2/22/78 - 4 IIq e Mr. Delay wondered if Council might establish a moratorium pending a public hearing. City Attorney did not feel in was a public safety type of issue that would justify a moratorium. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the ordinance and set a public hearing, with amendments as suggested, for March 13. Mr. Lieuallen expressed concern that eight inches was too big to be considered the definition of a tree. Mr. Wiley responded that it was a Committee compromise. Mr. Obie said he was willing to take the Committee recommendation. Mr. Wiley noted that one area under development that the Committee studied was the area at 27th and Chambers. He said there were very few trees on that property that would come within the definition under the present ordinance, but with the proposed change it should adequately address any logging operation type of problem. Vote was taken on the motion which carried unanimously. C.B. 1610--Concerning tree preservation, amending Section 6.300, 6.305, and 6.330 of the Eugene Code, 1971; and declaring an emergency was read by council bill number and titl e only, there being no Council members present requesting that it be read in full. e Mr. Hamel moved, seconded by Mr. Bradley, 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. Vote was taken on the motion which carried unanimously, and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote. All Council members voting aye, the bill was declared passed and numbered 18122. IV. METRO WASTEWATER MANAGEMENT COMMISSION AGREEMENT FOR SEWAGE TREATMENT PLANT LAND ACQUISITION Memo, resolution, and option agreement have been distributed to Council members, along with a map. Public Works Director explained that, should the program fail, the City would have no other choice but to purchase the property anyway as this property is contained in the Master Plan. - 2/22/78 - 5 12.0 Mr. Bradley wondered if the City could finance it alone, should that be necessary. Public Works Director responded that the money would have ~ to be budgeted next year out of the sewer utility fund and would present no problem. Ms. Smith commented that the Committee tried to keep the costs down as much as possible. Mr. Bradley wondered if the City would need all of the land should the program be developed to serve strictly the area within the city limits. Public Works Director responded that staff feels all the land should be purchased. Res. No. 2833--Authorizing. institution of proceedings and eminent domain for requisition of property for expansion of wastewater treatment plant and authorizing Manager to enter into option agreement was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Roll call vote. Motion carried unanimously. Mr. Haws left the meeting. v. LANE COUNTY HOUSING AUTHORITY AND URBAN RENEWAL AGENCY APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING Memo and proposed resolution have been distributed to Council members. Manager noted that it is City policy to eliminate inadequate housing and prevent the spread of slums. He further noted that the deadline for the ... application is this Friday. Frank Young, HCC, noted that notification ~ from HUD was received that there were 36 units available in the Lane County area and Eugene would qualify to receive some of those. A reso- lution is, therefore, required. He said the Housing Assistance Plan is linked to the Community Development Block Grant program. Mr. Williams said he is concerned about what is happening. He said the thrust of the housing effort up to now has been new production rather than taking units out of the existing market. Mr. Young explained that the goal is to provide some' new units but also to provide rehabilitation as well. He said these dollars can be used only for rehabilitation. Mr. Williams said he has no problem with this concept as long as the housing is unoccupied. However, if the houses are purchased and families are displaced, he could not support it. Manager felt that the City should oversee what type of housing is being dealt with. He would see the vacant ones as the most desirable for this program. The second-most desirable would seem to be housing in bad condition which could be upgraded and improve the quality of the neighborhood. He asked to what extent the City would be able to monitor these acquisitions. Mr. Young said the City would be acting in an advisory capacity. Planning Director noted that the Housing Authority is obligated to work within the City policy. Mr. Delay noted that rehabilitation is a tool the City is using to provide more housing and preservation is to everyone's benefit. He is not worried that good houses will be purchased and rehabilitated for rent. - 2/22178 -' 6 I tl e e - . In clarification of Mr. Williams' comments, Mayor Keller felt he was saying that if a house is brought up to standard, another dwelling unit has been created. If a house is rehabilitated which is already occupied, dwelling units have not been increased. He feels the heavy emphasis should be in developing additional units. Mr. Delay felt that increasing the lifetime of a house is equivalent to generating more housing. Mr. Williams felt that it would increase the pressure to those who had to be relocated. He said new production does not carry with it those kinds of shifts. Mr. Lieuallen reminded him that the Housing Authority has responsibility for relocating the people, which should minimize the problem. He would agree, however, that emphasis should be on rehabili- tating vacant houses. Mr. Obie wondered if HCC had any indication about the number of available unoccupied homes which could be rehabilitated. Mr. Young said there are conceivaQly quite a few, as many as 700. Mr. Obie thought it might be a good idea to indicate the Council's priority that unoccupied rehabilitable dwelling units only be considered. Mr. Delay did not feel that Council should stipulate that, however, because there may be some units that would be better considered. It might not always be true, he said, that the vacant house is always the best deal, even though obviously generally true. Mr. Williams said he was not hung up on precise restrictions. He felt Council should approve and asked staff to transmit Council's discussion to the Housing Authority asking that the Housing Authority report on the operation and types of dwellings so that Council can monitor same. Res. No. 2834--Approving Housing Authority and Urban Renewal Agency of Lane County--Application for preliminary loan for low-rent public housing, and authorizing City Manager to enter into cooperation agreement was read by number and title. Mr. Hamel moved, seconded by Mr. Williams, to adopt the resolution with the recommendation as made by Mr. Williams. Motion carried unanimously. Mr. Williams left the meeting. VI. IMPROVEMENT PETITIONS Resolution No. 2835--Authorizing initiating process for sanitary sewer on Luella Street from 500 feet north of Bailey Avenue to Bailey Avenue (Pheasant Run Subdivision) (1550) was read by number and title. (Effected property on petition; assessable costs: sewers, 100 percent; City costs, none.) Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Roll call vote. Motion carried unanimously. Resolution No. 2836--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within Masumoto Plat (1391) was read by number and title. 2/22/78 - 7 12.2. ~ (Effected property on petition; assessable costs: paving, 100 percent; sewers, 100 percent, City costs, $4,000 for storm sewer.) e Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Roll call vote. Motion carried unanimously. VII. APPROVAL OF MINUTES Mr. Hamel moved, seconded by Mr. Bradley, to approve the Council minutes of February 15, 1978. Roll call vote. Motion carried unanimouly. VIII. CONDEMNATION OF PROPERTY AT 2043 OHIO Manager noted that the City is condemning this property as being dangerous. The owner has requested a hearing on the matter, which is required under the Code. Mr. Hamel moved, seconded by Mr. Bradley, to call a public hearing on the matter for March 13. Motion carried unanimously. IX. L-COG BOARD MEETING ON CONSIDERATION OF GROWTH MANAGEMENT COMPONENT OF THE 1990 PLAN Mr. Bradley mentioned that Thursday, February 23, the L-COG Board will be meeting to consider adding a growth management component of the 1990 ~ Plan. The City's representative to that board, Eric Haws, will be .., attending and Mr. Bradley felt that he might want some direction from Council. He noted that the matter involves what the City is doing in the update process, noting that Council spoke about it at the joint meeting held with Springfield. He said it appears that the request being made to the L-COG Board is that they seek additional dollars from the State to work with the staff of the 1990 Update Plan so that alternative growth scenarios can be adopted for the metropolitan area and considered along with the update. When the City made recommendations to the Metropolitan Plan Policy Committee, one was that the Committee consider alternative population projections. The request before L-COG is to ask for addi- tional dollars from the State, and he wonders if Council should concur with that. City Manager noted it is important to understand that the discussion may refer to the growth rate management. Mr. Delay feels that the proposal Mr. Bradley has outlined sounds as though it would be of value. Mrs. Smith noted she has not seen it and would be uncomfortable giving direction to Mr. Haws without seeing it first. Mr. Obie wondered if Council could ask the L-COG Board to postpone the matter so that Council might have a chance to look at it first. - 2/22/78 - 8 I~ . - - . Mr. Obie moved, seconded by Mr. Hamel, to instruct Mr. Haws to ask the L-COG Board that the issue be tabled until Council can respond to the proposal. Motion carried unanimously. Mr. Porter said he is disturbed that the L-COG Board would not go through the Metropolitan Plan Policy Committee, which is guiding the update process. Upon motion duly made, seconded and passed, the meeting was adjourned to February 27, 1978. ~ }/4~ Charles T. Henry Ci ty Manager' 2/22/78 - 9 ,2.....