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HomeMy WebLinkAbout08/30/1978 Meeting . - M I NUT E S EUGENE CITY COUNCIL August 30, 1978 Adjourned meeting from August 28, 1978, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, August 30, 1978, 12 o'clock noon, King's Table, Oakway Mall, with the with the following Councilors present: D. W. Hamel, Ray Bradley, Tom Williams, Eric Haws, Jack Delay, Brian Obie, and Betty Smith. Councilor Scott Lieuallen was absent. I. ITEMS FROM MAYOR AND COUNCIL A. Air Quality Meeting. Jack Delay announced a meeting of the Air Quality Maintenance Advisory Committee tonight at 7:30 p.m. in the Council Chambers. He said the Committee has spent 35 to 50 hours in training, background, and education. There will be an opportunity at the meeting to discuss what they have learned and for people to raise questions. B. Absences from Meetings. e Councilor Delay stated he would be absent from the September 13 Council meeting as he will be attending a National League of Cities Task Force meeting in Seattle. Councilor Hamel will be absent on September 6. C. Paving Project Delay. Mr. Haws referred to the Bertelsen Road improvement project, and the complaints that have been raised by residents in the area on how long the project is taking. He wondered what the City could do to ensure that the problems that have arisen on this project with delays do not take place in the future on other projects. Manager said one major point on the particular project in question has been the weather. He said there are fines to the contractors that are levied but he would want to research on how far to go with those fines beyond what already is being levied. He said all of the contractors on paving projects are bonded and, if performance is bad, it is possible to order the project stopped and go through the difficult process of getting another contractor. He said that is rarely done because it is a prolonged procedure. -- S<fS 8/30/78--1 . Don Allen, ~ublic Works Director, said the Public Works Depart- e ment is well: aware of the progress on the Bertelsen Road contract. He said he would rather see energies going to completing the project than having !to defend it. He said that on the Bertelsen Road project, if things progress according to the contract, the project will require at least an~ther 20 working days to complete. He Said his staff is not optimistic about that happening. Mr. Haws felt that something needs to be 'written into the procedures to protect the City more than it is now protected from such problems reoccurring. Don Allen responded that practiqes are being used which are universally accepted. It is impossible to guarantee that every job will be completed on scheduled. D. Property Tax Limitation Proposals. Manager mentioned a meeting tonight at 7:30 p.m. in the McNutt Room which is being held by Senator Fadeley, and it appears that there will be several other legislators present. The meeting will be a discussion on the special legislative session and, in particular, the GovernQr1s proposal. Council has received copies of the Governor1s proposal as well as a summary of the provisions of that proposal as prepared by the City Manager. Manager summarized the provisions of the Gover~orls proposal and what each of them would mean in terms of local government. Paget Engen, City Manager1s office, then summarized the issues that are bound to arise in the special legislative session beginning September 5. She said it was called to deal with the Governor1s proposal but she knows of five other proposals that have surfaced e already. She said that first the legislature will have to deal with whether a limitation will have to apply at the local or State level or both. Another issue that will have to be looked at is what is constitutional and what is statutory. She said the committee formed to deal with the issues has been split into two committees--one dealing with limitations and another dealing with exemptions. She has been mostly involved with the limitations committee. She said it is necessary to look at what type of limitation is wanted--a revenue limitation or an expenditure limitation, which most think the citizens want, or a combination of the two. The legislature will have to look at that as well as the scope of what the limitation itself applies to. She said anther issue to get a handle on is where to start with a base, and how to index against that base. Also, she said, after deciding on a base it is necessary to look at whether to allow a growth factor automatically. She said another major area to be discussed will be what kind of an exception mechanism will be allewed. One alternative she has heard is an exception can be granted by a majority of the voters if a majority of registered voters turns out or, if not, two-thirds of those who vote. The last major area is the exemption process which she has not dealt with as much in depth. , - 8/30/78--2 5" II. PROPOSED AMENDMENT TO DISORDERLY CONDUCT ORDINANCE (Memo from Police Department and copy of proposed ordinance e distributed to Council members) Manager said staff is very much in favor of the Code change, which would prevent persons from jumping, diving or throwing objects from bridges and other elevated structures for both public safety and insurance liability reasons. Mr. Williams said he was concerned about writing legislating affecting such activities. He said he would have no problem with passing the ordinance if it's an insurance liability problem for the City. Ken Behrend, Police Department, said that the Police Department is getting many complaints from citizens about persons on jumping or diving from bridges and throwing objects from bridges. He said to date there has been at least one death that he knows of. He said the Ferry Street Bridge is also a dumping ground for all kinds of things such as cars, sacks of kittens, and other miscellaneous items. He said another hazard is that people jumping often attract motorists driving by who slow down causing many rear-end collisions. He said the Police Department needs a legal basis to back up telling people they cannot jump from the bridge. Mr. Bradley was concerned that, though the City needs a legal basis, it should not be included in the criminal part of the Code. Mr. Delay commented that the intent is not to find a way to arrest people but simply to say that if the police are called out they will be able to tell persons that the activity is illegal. Mr. Obie said the City has a responsibility e to try to discourage that type of activity. Mr. Haws suggested taking out the provision in the draft of the ordinance about people diving or jumping from bridges and leaving in the provision about throwing objects from bridges. The Manager repeated that the insurance companies were very concerned about City liability problems in this regard, and that the Risk Manager had urged enactment. It was understood that staff would try to bring back suggestions on other ways of dealing with the problem, than through the criminal code. C.B. 1748--Concerning Disorderly Conduct, amending Section 4.725 of the Code, 1971, and declaring an emergency, was read by council bill number and title only, there being no Councilors present requesting that it be read in full. 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. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Delay, that the bill be approved and given final passage. Ro 11 ca 11 vote. Motion carried, all Councilors present voting aye, except Mr. Bradley voting no, and the bill was declared passed and numbered 18258. e 5'17 8/30/78--3 III. PUBLIC HEARING RE EASEMENT VACATIONS (maps attached) Recommended by Planning Commission June 12 and June 26, 1978. e Public hearing on each item was held with no testimony presented. Mr. Saul commented that all easement vacations are routine, though the last two are railroad easement vacations. . C.B. 1749--Authorizing easement vacation located north of W. 18th Avenu~, between Bailey Hill Road and Bertelsen Road (SafeJy) (EV 77-13) was read by council bill number and title only, there being no Councilor present requesting that it be read in full. 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 ti me. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Ro 11 call vote. Motion carried unanimously and the bill was declared passed and numbered 18259. C.B. 1750--Authorizing easement vacation located on the easterly side of Spring Boulevard, southeast of Agate Street near North Shasta Loop (Woodward) (EV 78-4) was read by council bill number and title only, there being no Councilor present requesting that it e be read in full. 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. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. Motion carried unanimously and the bill was declared passed and numbered 18260. C.B. 1751--Authorizing easement vacation located west of Conger Street, between West 5th Avenue and West 7th Place (Clarke's Sheet Metal) (EV 78-5) was read by council bill number and title only, there being no Councilor present requesting that it be read in full. 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. Motion carried unanimously and the bill was read the second time by council bill number only. . 8/30/78--4 5'8 " Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved e and given final passage. Roll call vote. Motion carried unanimously and the bill was declared passed and numbered 18261. C.B. 1752--Authorizing easement vacation located west of Wallace Street, south of West 1st Avenue (Hult) (EV 78-9) was read by council bill number and title only, there being no Councilor present requesting that it be read in full. 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. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. Motion carried unanimously and the bill was declared passed and numbered 18262. IV. IMPROVEMENT PETITIONS A. Sanitary Sewer and Storm Sewer to Serve Bransom Subdivision Res. No. 2990--Authorizing sanitary sewer and storm sewer construction to serve Bransom Subdivision (1615) was read by number and title only. - (Affected property represented as follows: Sanitary sewers--$100%, storm sewers--50 percent, City cost--storm sewer, $14,000, deferred $4,500) Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Roll call vote. Motion carried unanimousiy. B. Sanitary Sewer to Serve South Side of 5th Avenue from Polk Street to Almaden Street (Job 1658) (Bid Sheet Attached) This Public Works bid award was held over from August 16 due to the fact that the bids came in high, and staff was to research the possi- bility of getting a lower bid on the project. Don Allen, Public Works Director, said they have split the project into two elements--installa- tion of the sewer and construction of the sidewalks. He said before Council now is the sanitary sewer project, and that Public Works forces will be doing the sidewalk removal. He said that he was requesting that Council award the project to Shurway Contractors, Inc., with a completion date of October 15 at a cost of $10,860. He said $4,000 should be saved on the project from the original estimate. He also said that property owners are being notified of what is happening. Mr. Hamel moved, seconded by Mr. Bradley, to award the contract to Shurway Contractors for a cost of $10,860, with a completion date of October 15. Motion carried unanimously. - 8/30/78--5 Sqq , : V. FUNDS FROM SALE OF ROOSEVELT FREEWAY RIGHT-OF-WAY (memo of August 18, 1978 has been distributed to Council members) e The request is from the Metropolitan Area Transportation Committee to encourage the Highway Department to establish a policy of returning funds to local governments obtained through the sale of excess right-of- ways. Mr. Hamel moved, seconded by Mr. Bradley, to request the state to permit local retention of funds obtained through the sale of the rjght-of-way along the old Roosevelt Freeway alignment. Motion carried unanimously. VI. AMENDMENTS TO CIVIC CENTER COMMISSION CODE PROVISIONS (Memo and proposed ordinance have been distributed to Council members) Manager said that this Code change defines the operation of the interim commission carrying the project through the construction phase. The present ordinance is silent on this matter. Dean Baumgartner, Civic Center Director, said the change reflects the results of a questionnaire completed by Council members on how they want the Civic Center project to be handled. Mrs. Smith wondered if the entire committee would be used or a smaller committee. Mr. Baumgartner responded that probably a smaller committee would be used. Mr. .Obie was concerned that the Council should be involved in establishing the committee because he believes it is Council's responsibility to draw the lines so that they are crystal clear. He would suggest amending the ordinance ina manner that establishes that - . subcommittee. Manager responded that what Mr. Obie is suggesting is authorized in the ordinance draft in Section 2.084(2) which says that "Meetings and other activities of the Commission, its officers and com- mittees, shall conform to the rules, state statutes, chartered provisions, code, ordi nances, and reso 1 uti ons of the Ci ty. II Mr. Baumgartner said that the intent is to have vested in a small group the authority to make on-going decisions. Mr. Obie suggested that staff prepare a matrix of how decisions will be made, when, and by whom for presentation to the Council. It was suggested that the ordinance be passed today, however, as the Commission is operating more or less extra-legally, and that Mr. Obie's concerns be dealt with in a subsection which can be brought back to the Council . C.B. 1753--Concerning the Civic Center Commission, amending Sections 2.013, 2.080, 2.082, 2.084, and 2.086 of the Eugene Code, 1971, and declaring an emergency was read by council bill number and title only, there being no Councilor present requesting that it be read in full. 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 ti me. Motion carried unanimously and the bill was read the second time by council bill number only. - 8/30/78--6 bOO . . Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. Motion - carried unanimously and the bill was declared passed and numbered 18263~ It was understood that staff would come back with an additional section outlining rules for the subcommittee. VI I. SISTER CITY RESOLUTION--KAKEGAWA, JAPAN (Copy of resolution has been distributed to Council members) Jean Alward, International Cooperation Committee, thanked everyone for the courtesy extended to the Kakegawa delegation. She said that the biggest problem is that there are no financial resources available to the Mayor's Committee to work on international cooperation. She wondered how Council wanted to deal with future roles involving international cooperation, whether they wanted roles to be active or passive. Mr. Keller commented that the City will work with the national sister city organization. This is the first time he has seen so many segments of the community becoming involved in a sister city effort. Mr. Delay said he also felt some discomfort on expectations versus realities, as Ms. Alward mentioned. He is not sure he knows what the City of Eugene will be doing in establishing a sister city relationship with Kakegawa. Ms. Alwartd wondered if Councilors knew if Kakegawa had indeed notified the City of Eugene that it wished a sister city relationship, since when the delegation left Eugene it was also going to look at a city in California. - City Manager said that the delegation had told him, throu.gh an interpreter, that they wished Eugene to become a sister city. Mr. Delay suggested that a future hearing be held on the issue of international cooperation to find out how people in the community feel about becoming involved in projects of thi s nature. Res. No. 2991--Accepting the invitation of the City of Kakegawa, Japan to become a sister city was read by number and title on 1 y . Mr. Bradley moved, seconded by Mr. Hamel, to adopt the resolution. Motion carried, all Councilors present voting aye, except Mr. Delay abstaining. Mrs. Smith said that in forwarding the resolution to the city of Kakegawa, she would suggest that staff add something to the effect that the City accept the invitation "if Kakegawa still so desires." VIII. APPROVAL OF MINUTES OF AUGUST 23, 1978 Mr. Williams commented that in those minutes, in the first paragraph, his reference to a story in the Register-Guard regarding Teleprompter included the word lIaccurate.1I He said that word should be "inaccurate." - 8/30/78--7 401 . Mr. Hamel moved, seconded by Mr. Bradley, to approve the minutes . of August 23, 1978, as corrected. Motion passed unanimously. e Upon motion duly made, seconded, and passed, the meeting was adjourned to September 6, 1978. ~~ Charl es T. Henry City Manager CTH:DP:jfpCM23a1 I e e 8/30/78--8 b01. . . DEPARTMENT OF PUBLIC WORKS Engineering Division It Bid No. 11 Opened: August 15, 1978 SANITARY SEWER to serve south side of 5th Avenue from Polk Street to Almaden Street (Job No. 1658) Bidders: Contract Cost 1- Shur-Way Contractors, Inc.---------------------$ 16,619.25 2. Eugene Sand & Gravel, Inc.--------------------- 21,732.50 Cost to Abutting Property Cost to City San. La tera 1 $ O.77/Sq.Ft. $10,600.00 One Lot $ 3,994.00 San.Service $442.00/Each (Deferred) Two Lots $ 3,437.00 Ten Lots Deferred $10,400.00 COMPLETION DATE: September 29, 1978 --------------------------------------------------------------------------------------------------- Informa 1 Bi d R~ceived August 29, 1978 '1 . . dders : Contract Cost Completion Date 9-15-78 Completion Date 10-15-78 1- Shur-Way Contractors, Inc.------ $ 11,335.00 $ 10,860.00 2. 'Eugene Sand & Gravel, Inc. ------ $ 14,790.00 $ 14,110.00 3. H & J Construction-------~------ $ 17,210.00 $ 16,125.00 Cost Completion Date 9-15-78: Cost Completion Date 10-15-78: One Lot $ 3,751.00 One Lot $ 3,531.00 Two Lots $ 3,217.00 Two Lots $ 3,029.00 LTen Lots Deferred $ 7,520.00 Ten Lots Deferred $ 6,710.00 ---------------------------------------------------------------------------------------------------- e '03