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HomeMy WebLinkAbout09/20/1978 Meeting M I NUT E S e EUGENE CITY COUNCIL September 20, 1978 Adjourned meeting from September 11, 1978, of the City Council of the City of Eugene, Oregon, was called to order by Council President D. W. Hamel with the following Councilors present: Ray Bradley (arrived late), Tom Williams (arrived late), Eric Haws (arrived late), Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smi th. Mayor Gus Keller was absent. 1. ITEMS FROM MAYOR AND COUNCIL A. Cable TV Franchise Hearing--Manager announced the hearing scheduled Monday, September 25, would be postponed to Monday, October 9. The City Charter provides there must be a three-week consecutive adver- tising period. Final reading would be scheduled October 23. B. Lane County Request For Discussion on L-COG--Letter distributed invi- ting City Councilors to a meeting Wednesday, September 27, 7:30 p.m., to discuss the role of L-COG and its future functions. Manager noted the City has taken a position on that matter and may not be interested in having the County sponsor such a discussion, as it might be more appropriate for such a discussion to be held within the framework of the L-COG board and interested jurisdictions. e After Mr. Haws arrived at the meeting, further discussion was held. Mr. Ooie said that Lane County knows the City's position and he felt there was no need for any more meetings. Ms. Smith felt it important to have the Council representative (Eric Haws) attend the meeting to restate the City.s position. Mr. Delay felt the City should not be a party to lending credibility to the County, that there is a basic change that needs to be made in L-COG. He felt it inappro- priate for the City to take any formal response and would oppose having Mr. Haws, the L-COG representative, attend. Mr. Haws said in past experience, Lane County proposals had often taken a great length of time to understand them. He felt the L-COG board members want to keep it functioning, and he knew of only one person on the board who may want to consider the matter. He further felt it was not worth the effort. In response to a question from Mr. Lieuallen, Mr. Haws said other jurisdictions generally do support the activities of the COG, and he did not feel they wanted to change. Mr. Lieuallen then suggested the past positions of the City to be once again sent to the County, and let the County proceed as it wishes. Mr. Bradley opposed the City taking a hard line, and felt a represen- tative should be there, perhaps as an observer. He felt it important e 9/20/78--1 t13 to keep the lines of communication open between the County and the City, and compromise and conciliation should be encouraged. Manager said a member of staff would be attending the meeting. e He felt also,it would be good for the City to have the specific proposals the County is intending to present. Mr. Haws commented the proposals were to be distributed to Council members next week. Mr. Delay qu~stioned whether it was appropriate that the County should be sending proposals to the City, rather than to the L-COG board, and circumventing staff input to the proposals. He felt the County was thus bypassing the legitimate processes and agencies that are already in existence. It was consensus of Council that a decision would be made at the September 27 meeting, after the Council had received materials from the County. c. League of Oregon Cities Meeting--Letter of invitation distributed to Council for a meeting Thursday, September 28, 7:00 to 9:30 p.m. in the Council Chambers, regarding a discussion on the comparative effects of Ballot Measures 11 and 6. Manager noted the League Execu- tive Board had gone on record favoring Ballot Measure 11. D. Herbicide Issue--Manager extended an invitation to Councilors from Groundwork, Inc. to tour certain areas in the Lowell district to see the effects of herbicide spraying. Any Councilor interested should contact the City Manager's office. Groundwork hoped to conduct the tour before the Monday, September 25, meeting. - E. Downtown Park Project--Mr. Delay noted in Planning Commission Minutes of August 28, Dr. MacKinnon had stated he was on the Joint Parks Committee, stated the City was short of money for park purposes, and thus the Downtown Park Project had been dropped. He questioned whether that was accurate. Mr. Obie, a member of the Joint Parks Committee, said to his knowledge, the project had not been dropped. He noted the Joint Parks Committee had not met for several months. Its past actions had been to monitor the spending of the serial levy money as well as prepare proposals for voters. Ed Smith, Parks Director, said the project had not been dropped. In discussing priorities for spending the serial levy, the highest priority had been given to the South Hills Study. However, parks in the central area had not been dropped from the list. F. Herbicide Issue--Mr. Lieuallen distributed a memo outlining background information for the Monday night hearing. G. CETA--Ms. Smith noted the County Commissioners met this morning and were in the process of making substantial changes on the priority list. She said Commissioner Rust had indicated his support for further discussion with ETAC regarding the changed priority list; however, however, Commissioners Weinstein and Wood did not. The . e 9/20/78--2 b2~ motion approved was not to send the priority list back to the advisory committee. She noted if that happened, there would be continuing e discussion at the ETAC level. II. REVISIONS TO DISORDERLY CONDUCT CODE PROVISION--Materials distributed. Manager said the proposed amendment to the Code relates to control of persons jumping off bridges or viaducts, and throwing articles off same. The original ordinance had been presented to Council because the City was having a problem with these acts. Council requested staff bring back a revised penalty section as it was felt jumping and diving off bridges and viaducts were not as serious as the throwing off of articles. Staff, however, felt those to be just as hazardous, causing traffic disruption and accidents. The proposed ordinance before Council today would allow a judge the latitude of sentence and/or fine to those who throw things off bridges, but would limit the judge's latitude to a fine for those jumping. C.B. 1765--Concerning disorderly conduct, amending Sections 4.725 and 4.990 of Code, 1971; and declaring an emergency, was read by number and title only, there being no Councilor present reques- ting it be read in full. Mr. Delay moved, seconded by Mr. Lieuallen, 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 thi s time. e In clarification for Ms. Smith, Manager said the general penalty section in the ordinance now allows the judge full latitude as applied to both incidents. In this proposed ordinance amendment, the limited latitude for the judge in applying a fine would relate only to those jumping off viaducts or bridges. Mr. Hamel questioned the liability of the City. Joyce Benjamin, City Attorney's office, said the City has some responsibility regarding hazards and nuisances such as this. Insurance carriers would feel more comfor- table, and the proposed ordinance would indicate the City is trying to control that nuisance. Assistant Manager said the ordinance would set forth that the City, as a public body, is aware of the nuisance and is posting a notice as to the hazards. Vote was taken on the motion which carried unanimously, and the bill was read the second time by council bill number only. Mr. Delay moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Ro 11 ca 11 vote. All Councilors present voting aye, the bill was declared passed and numbered 18267. Because only five Councilors were present and voting, the emergency clause of the bill was deleted and the Code amendment will go into effect in 30 days. e 9/20/78--3 '25 III. AIRPORT COMMISSION REPORT RE: AIR SERVICE--Materials distributed. Manager said the proposal by Frontier Airlines was to establish air service from Eugene to Salt Lake City, to Denver, and to Dallas. The - matter has been discussed by the Airport Commission and Frontier Airlines and there are so~e concerns to be considered. The City is very pleased, however, with the possibility of this service to the community. Requested action would be for the City to file jointly with Frontier Airlines to petition for establishing this route. Jim Kolstad, Frontier Airlines, 8250 Smith Road, Denver, Colorado, dis- tributed copies of the proposal and expressed pleasure to be in Eugene. Frontier Airlines is a Denver-based regional air carrier in 21 states. He noted several hallmarks for the airline: It is on time, has the best in-flight meal and customer service, and an excellent management. They consider their airline to be a leader in the industry for transportation for the handicapped. He explained the proposed route would extend current Denver-Salt Lake joint flights on to Eugene to provide Eugene with a morning and afternoon departure, and an afternoon and evening return. The flight schedule would be as follows: 8:00 a.m.--leave Eugene, leave Salt Lake--10:39 a.m., arrive Denver 12:20 p.m. Leave Eugene 3:25 p.m., arrive Salt Lake City 6:04 p.m., arrive Denver 7:47 p.m. Leave Denver 12:40 p.m., leave Salt Lake 2:15 p.m., arrive Eugene 2:58 p.m. e Leave Dallas 5:10 p.m., leave Denver 6:46 p.m., leave Salt Lake 6:30 p.m., and arrive Eugene 9:13 p.m. Mr. Bradley and Mr. Haws arrived. Mr. Kolstad said this would be a savings in time to the Eugene customers. He felt Eugene needed improved air service, as 49 percent of all Eugene eastbound travelers are required to use three or more flights to get to cities currently served by Frontier Airlines. He said the airline intends to offer discount fares, and he felt traffic would increase. He expressed the airline needed the City's support and very much hoped the Council would approve filing jOintly for this established route. Bruce Chase, 3 Chevy Chase Lane, Vice-Chairman Airport Commission, reported on the Commission's meeting September 19. He said the concerns outlined in the staff memo distributed to Council were discussed thoroughly and the Commission was very satisfied with the response from Frontier Airlines. A motion was passed to request the City Council to support a joint filing for the route. Ms. Smith asked if the City Council were to support Frontier Airline's request, whether that would change the schedules of Hughes Airwest or United Airlines. Ed LeShane, Manager, Hughes Airwest, said the airlines 9/20/78--4 e ~~b would have no comment at this time. Bill Tabbut, Manager, United Airlines, - also had no comment. However, he said his airlines had gone on record for deregulation and increased competition and thus, would favor an additional carrier. It was explained that Hughes Airwest has also made an application for a Eugene-Portland-Boise-Denver flight. Mr. LeShane said the Frontier Airlines application could be approved by CAB in a shorter period of time than their request for a flight to Denver, or the decision could be made at the same time. Mr. Kolstad said Frontier Airlines had an application in the same case as Hughes Airwest for a different route proposal. He said that the proposed new direct flight from Eugene to Denver would not compete in any way with the request by Hughes Airline, and would serve different customers. He noted the Frontier Airline request would be direct-flight from Eugene to the east; the Hughes Airwest request is for a flight from Eugene into Portland, and then on to Boise, which would serve Eugene customers directly to Portland. Mr. Obie and Ms. Smith commented on the current length of time for bag- gage retrieval, and hoped an additional air carrier would not add to that problem Bob Shelby, Airport Manager, said a meeting is scheduled Friday to begin the initial planning phases for the terminal expansion, which hopefully e would alleviate some of those problems. Regarding the staff memo stating various concerns for the Frontier Airline's request, he said the Airport Commission had discussed at length with Frontier Airlines those concerns at its meeting Tuesday, and is very comfortable with the airline's answers. He felt the extension of the service would be in the community's best interest. Mr. Delay moved, seconded by Ms. Smith, to accept the report of the Airport Commission and instruct staff to take steps neces- sary to be a joint applicant for this particular route. Motion carried unanimously. IV. FINANCE: REQUEST FOR CERTIFICATION FOR STATE REVENUE SHARING FUNDS AND TRANSFER OF APPROPRIATIONS (memo and Res. No. 3002 distributed) Res No. 3001--Setting forth services provided by City of Eugene as required under Oregon Revised Statutes to confirm eligibility to receive State-shared revenues, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Rollcall vote. Motion carried unanimously. Res. No. 3002--Authorizing transfer of appropriations to incorporate refined salary and fringe benefit estimates into the adopted budget, to provide proper accounting for an urban redevelopment task force grant; and to amend budget appro- e priations to conform to original intent, was read by number and title. 9/20/78--5 ~21 Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Rollcall vote. Motion carried unanimously. V. PUBLIC HEARING: EASEMENT VACATION LOCATED FROM DILLARD ROAD SOUTH TO - FOX HOLLOW ROAD, WEST OF INTERSECTION OF THE TWO ROADS (WELCH-NESBIT) (EV 78-3) Unanimously recommended by Planning Commission, May 22, 1978. Manager said negotiations had been concluded and the owner will pay a reasonable amount. Public hearing was held with no testimony presented. C.B. 1731--Authorizing public utility easement vacation located from Dillard Road south to Fox Hollow Road, west of the intersection of the two roads, was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Mr. Lieuallen, 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. Delay moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Rollcall vote. All Council ors present voting aye, the bill was declared passed and numbered 18268. e HEARINGS PANEL REPORT AND SECOND READING OF ORDINANCES LEVYING ASSESSMENTS VI. (Minutes attached Mr. Delay moved, seconded by Mr. Lieuallen, to approve Hearings Panel Report September 18, 1978. Motion carried unanimously. C.B. 1758--Levying assessments for paving, storm sewer, and sidewalk on Gilham Road from Beltline Road to Crescent Avenue (1383) (77-17), was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Rollcall vote. All Counci 1 ors present voting aye, the bill was declared passed and numbered 18269. - C.B. 1759--Levying assessments for sanitary sewer on Oxbow Way and the westerly extension thereof from Sunshine Acres Road to 400 feet east (78-06), was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Rollcall vote. All Counci 1 ors e 9/20/78--6 b1..8 . present voting aye~ the bill was declared passed and numbered 18270. -- C.B. 1760--Levying assessments for sanitary sewer on Bertelsen Road to 18th Avenue to 4UO feet south (P. Michaels Subdivision) (78-12)~ was read by number and title only~ there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Mr. Lieuallen~ that the bill be approved and given final passage. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18271. C.B. 1761--Levying assessments for paving and sidewalk on Sunshine Acres Road from Harlow Road to 150 feet south of Westward Ho (1315) (77-10), was read by number and title only~ there being no Councilor present requesting it be read in full. Mr. Delay moved~ seconded by Mr. Lieuallen, that the bill be approved and given final passage. Rollcall vote. All Council ors present voting aye, the bill was declared passed and numbered 18272 . C.B. 1762--Levying assessments for paving~ sanitary sewer~ and storm sewer within W.C. Fields Subdivision and sanitary sewer from south boundary of W.C. Fields Subdivision to the southeast 650 feet (1370)(77-28)~ was read by number and title only~ there e being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18273. VI!. WASTEWATER MANAGEMENT COMMISSION REQUEST FOR PERMIT AUTHORITY--Resolution distributed. Manager said this resolution would allow Wastewater Management Commission to apply for the permits~ rather than the various jurisdictions and indivi- dual property owners doing so~ thus making the process more convenient. Mr. Delay questioned the potential cost overrun of the project. Wi 11 i am Pye~ Director~ Wastewater Management Commission~ said he felt the $29.5 million local share would be adequate to construct the facility. However, he referred to a memorandum in which he had suggested developing a possible contingency plan in the event costs come in higher next year. That plan suggested either increasing the local share or cutting back and deleting some portions. However, as yet~ he had no definitive information that suggested the cost estimates are not on track. Resolution 3003--Authorizing Metropolitan Wastewater Management Commission to apply for permits, was read by title and number. e 9/20/78--7 '2.CJ - ~""'.. . Mr. Delay moved, seconded by Mr. Lieuallen, to adopt the resolu- tion. Motion carried unanimously. VII I. LEGISLATIVE SUBCOMMITTEE REPORT--Minutes distributed. e Mr. Delay moved, seconded by Mr. Lieuallen, to approve Legislative Subcommittee minutes dated September 13, 1978. Moti on carri ed unanimously. I IX. CALLING PUBLIC HEARING RE: WATER WITHDRAWAL FROM OAKWAY WATER DISTRICT October 4, 1978 Res. No. 3004--Calling public hearing October 4, 1978, re: Wi thdrawa 1 from Oakway Water District, that area annexed east of Arcadia Street, north of Harlow Road (Babcock)(AZ 78-6) by Boundary Commission Final Order No. 549, was read by number and title. Mr. Delay moved, seconded by Mr. Lieuallen, to adopt the resolu- ti on. Motion carried unanimously. X. SEGREGATION OF ASSESSMENT Southeast corner of Berntzen and Concord; applicant: Ci ty of Eugene Public Works Department; SE 78-4 Mr. Delay moved, seconded by Mr. Lieuallen, to approve the segregation of assessment. Motion carried unanimously. A short recess was taken. e Mr. Williams arrived. XII. CONFLICT OF INTEREST--Memo and ordinance distributed. Manager said the proposed ordinance was an attempt to clarify the conflict of interest matter pertaining to City Councilors. Two areas are covered in the memorandum and the proposed ordinance: 1) The matters that City Council members are voting on; and 2) The matter of whether or not a particular firm can contract or do business with the City or buy property from the City because of a relationship with City Council members. He noted the matters were governed by both a State law and the city's charter. Ms. Benjamin said there were three general issues Council should remember: 1) State law prohibitions and guidelines; 2) Charter prohibitions; and 3) Quasi-judicial guidelines. She said it was unlawful for a City Councilor to use his/her position to obtain a gain for himself or a household member. The most direct concern is the Charter prohibition, which states a Councilor cannot use his/her position, which is a public trust, to benefit himself or a member of his household. She noted the proposed ordinance defined pecuniary interest, direct interest, personal interest, and present interest. Regarding "substantial" 9/2U/78--8 e b30 ~, - and "tangible" definitions, she said substantial would have to be viewed in its context, while tangible would be defined by the dictionary. She e said it would require almost a case-by-case decision using the definition of terms as outlined in the ordinance. Mr. Delay felt there was an ambiguity in the definition of pecuniary interest, and in the prohibiting of contracting versus voting behavior. He further explained he felt the City should not be contracting with any firm in which a City Council member has a direct interest, and he felt as he read Subsections 2 and 3 there was some ambiguity. In subse- quent discussion, Ms. Benjamin indicated she could redraft the ordinance and reorder the sections to take care of Mr. Delay's concern. Mr. Williams suggested perhaps allowing the use of the "de minimus" principle in the ordinance wherein small purchases by the City could be allowed by firms in which City Councilors had some interest. Ms. Benj ami n said the State statutes require a Councilor to declare a conflict. She noted again it was unlawful for a Councilor to use his position for a personal gain. She felt through changing the Charter language, the problem could be handled. Individual cases were discussed, with Ms. Benjamin giving clarification. In one instance, she indicated the City could purchase with a business in which a City Councilor is employed, if that Councilor is not a stock- holder and a purchase would not have a direct impact on the Councilor's sal ary. - Mr. Obie raised a concern in which either he or Mr. Williams' businesses might contract with the City, and each of the Councilors might be unaware of that. He felt there needed to be some language to clarify the City has an obligation to inform the Councilor if it is going to do business with one of the Councilor's firms. Manager said the City does have a prohibitive vendors' list; however, that list is to be completed after Council's discussion and action on this ordinance. Ms.. Benjamin noted it was possible that Councilors may own a small share of stock in some businesses with which the City might contract, such as IBM or Shell Oil. However, she noted the return on those stocks would be too small to count. It was suggested that perhaps the City Manager's office be supplied a copy of the Councilors' filing with the Ethics Commission in order to provide information as to their interest in various companies and businesses. The ordinance will be redrafted and brought back to Council Wednesday, September 27th. Upon motion duly made, seconded, and passed, the meeting was adjourned to ~5'j~ harl es T. Henr Ci ty Manager 4' CTH:OT:pm/CM23alO 9/20/78--9 b31 .} \ 0 \1 ~ f} - '\ p.; \1'i MINUTES -J- II \].0 COUNCIL ASSESSMENTS PANEL ~c',yY rP. MondaYt September 18t 1978 c~\>' -.. Members Present: Staff Present: Councilor William Hamel Bert Teitzelt City Engineer Councilor Brian Obie The meeting was called to order at 7:30 P.M. by Councilor Obie. 1. Levying assessments for public improvement projects. A. C.B. 1758 - Levying assessments for pavingt storm sewer and sidewalk on Gilham Road from Beltline Road to Crescent Avenue (1383 - 77-17) No letters of protest or requests to be heard were received; howevert Mr. William Renken of 2630 Gilham Road spoke. Mr. Renken asked for an explanation of the procedure to apply for deferral of assessment payment. Mr. Teitzel explained that at the time the bonding application is receivedt which would come after the Council has given final passage to the assessmentt Mr. Renken should apply for the deferral through the Finance Department. B. C.B. 1759 - Levying assessments for sanitary sewer on Oxbow Way and the Westerly extension thereof from Sunshine Acres Road to 400 feet east (1513 - 78-06) No letters of protest or requests to be heard were received. e C. C.B. 1760 - Levying assessments for sanitary sewer on Bertelsen Road from 18th . Avenue to 400 feet south (P. Michaels Subdivision) (1507.- 78-12) No letters of protest or requests to be heard were received. D. C.B. 1761 - Levying assessments for paving and sidewalks on Sunshine Acres Road from Harlow Road to 150 feet south of Westward Ho (1315 - 77-10) ~ A request to be heard was received from Dennis Bauer of 393 Sunshine Acres Road. Mr. Teitzel explained that this project was initiated by petition of the property owners in October of 1976. He reviewed the assessment costs. Mr. Teitzel stated that the sidewalk was constructed only on the west side of the street and the April assessment had assessed sidewalk costs only against the west side of the street. Mr. Teitzel further explained that this assessment had come before the Assessment Panel in April of 1978 and at that time the panel had recommended that the assess- ment be referred back to the Public Works Department to be refigured so the sidewalk costs would be split between both sides of the street and be brought back before the panel- for a further hearing. He further explained that when the project was constructed it was assumed that sidewalks would eventually be constructed on the east side of the street. He stated that when the Council passed the r.ecommendation to assess both sides of the street for the sidewalkt they made no recommendation to delete. sidewalks on the east side or to put them in at a later date and assess both sides. 4t 9/18/78 - Page 1 C ~ b32. --- . . - Council Assessments Panel ~ePtember 18, 1978 :~ge .2. Dennis Bauer spoke, stating that he had constructed a new house on the east side of the street and also owned another vacant lot on the east side of the street. He had at the time of construction requested a variance in order that he would not be required to construct a sidewalk, however, the variance had \ been denied. He stated that he now finds that he must also pay for the cost of sidewalks on the west side of the street. He further stated it had cost him $491.03 to install his sidewalk and now he must pay $122.39 for sidewalk on the west side of the street. He stated he wanted to know what could be done about this inequity. Mr. Obie inquired whether it was staff's position that the $122.39 be removed from Mr. Bauer's assessment and transferred to the owner of property on the west side of the street. Mr. Teitzel stated that this was staff's position; however, he stated he believed Mr. Bauer was requesting more relief because the city would credit him with $122.39 for account,No. 0601 and $23.49 for account No. 0600 and it had actually cost him $491.03 to construct his sidewalk. Mr. Obie asked Mr. Teitzel if there were any other alternatives to resolve the complaint. Mr. Teitzel responded that other than transferring Hr. Bauer's - assessment cost to the property across the street, he felt there was nothing more the City could do, however, he did feel a moratorium should be set on sidewalk construction on the east side which may be required with building permits; however, he did not feel sidewalks should be forever deleted on the east side, but that sidewalks should eventually be required by the Council and . put in by City contract and assessed in the same manner as this sidewalk was assessed. Mr. Teitzel stated that this assessment will have to be held for a second reading in order that the property owner on the west side of the street from Mr. Bauer would have an opportunity to respond to the proposed assessment. E. C.B. 1762 - Levying assessments for paving, sanitary sewer and storm sewer ,. .within W. C. Fields Subdivision and sanitary sewer from south boundary of W. C. Fields Subdivision to the southeast (1370 - 77-28) No letters of protest or requests to be heard were received. RECOMMENDATION: That C.B. 1758, 1759, 1760 and 1762 be levied as proposed, and that C.B. 1761 be levied following notification to the property owner on the west side of the street opposite to Mr. Bauer's property. . e lo33 9/18/78 - Page 2 \\