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HomeMy WebLinkAbout11/15/1978 Meeting . M I NUT E S e EUGENE CITY COUNCIL November 15, 1978 Adjourned meeting meeting from November 8, 1978, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, November 15, 1978, 11:30 a.m., King's Table, Oakway Mall, with the following Councilors present: Ray Bradley, Tom Williams, Eric Haws, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. Councilor D.W. Hamel was absent. I. ITEMS FROM MAYOR AND COUNCIL A. Air Quality Maintenance Area Citizens Advisory Committee--Mr. Delay noted the Committee was meeting weekly until the first of January, the deadline date for a draft plan. He said there had been some technical difficul ties encountered in getting model ing data from DEQ; thus, the Committee is about one-and-one-half months behind schedule. He will keep Council informed as there will be future decisions Council will have to make. The meetings are open to the public. B. 1990 Metro Update--Meeting scheduled Thursday, November 16, 7:30 a.m., Gingerbread House, Springfield. - C. Budget Review Subcommittee--Mayor Keller appointed Councilors Smith and Haws; and budget committee lay members Joe Soderburg and Mary Jane O'Brien to serve. D. Hughes Air West Service--Mayor announced, as of December 15, Hughes Air West will provide non-stop air service from Eugene to Los Angeles and Eugene to Seattle. E. Legislative Subcommittee Meeting--Scheduled immediately following Council meeting today. F. Council Dinner With Lane County Legislative Delegation--Scheduled Thursday, December 14, 6:30 p.m., Valley River Inn, to discuss legislative concerns. G. Environmental Quality Commission Hearing on Field Burning--Scheduled Friday, November 17, 9:00 a.m., City Council Chamber. H. Appointments to Boards and Commissions--Applications distributed to Council. Manager suggested Council discuss the appointment process at Wedenesday, November 22 meeting. He said Council may wish to defer some appointments to allow the new City Councilors to make those decisions, i.e., the new Council president and vice president regarding Human Rights commission appointments. e 11/15/78--1 '2..8 . Mayor Keller again requested City Councilors to indicate to him before the end of the year their interest on serving on various - committees. I. Hearings Panel--Request received from Judith Tegger to delay the hearing scheduled November 20 until December. Joyce Benjamin, City Attorney's office, said the hearing may be postponed indefi- nitely as the matter is on appeal before the Court of Appeals. J. League of Oregon Cities--Manager reported on meeting held November 12-14 in Portland. He said the thrust of the meeting indicated major concerns focused on tax revolt and what will be the response from the cities. It was indicated that the cities should take a good hard look at prioritization and financing process with an attempt to economize and improve productivity. The message was interpreted that voters want more for thei r money at all 1 evel s of government. Another general area of concern was home rule, following the recent opinion of the Supreme Court on the Astoria-La Grande case which seems to take authority from local governments. The League board formed a committee to consider remedies, i.e., a constitutional amendment, and an attempt to redefine the rights of local governments and their voters in local government operations. Other items of concern focused on economic development, land-use planning, growth management, and liquor license controls. On the latter issue, the League took the position that the State maintain control for distribution and the quota system be abolished. Resolutions passed included: Supporting the 911 emergency communi- cations system; but this could be a very expensive system and the cities e felt the State should finance it if it were mandated. Resolutions were also passed regarding systems development charge, labor relations (regarding compulsory arbitration and other related matters), and land use and growth. Ms. Smith requested a copy of the League of Oregon Cities' position regarding annexations before the scheduled legislative dinner December 14. Regarding liquor licenses, Mayor Keller indicated it appeared the majority of cities want to control those, contrary to Eugene's position of wanting to remove itself from the process. He indicated more local control may make the issue more political, more controversial, and would add to City's costs, i.e., for investigations. K. Manager Evaluation Process--Materials distributed to Council. Manager reviewed the four-step process outlined in the memorandum. It was consensus that the process as outlined was acceptable, and Councilors interested in serving on the subcommittee would so indicate to Mayor, with those appointments to be made at the November 22 meeting. . 11/15/78--2 11C\ . II. ROUTINE ITEMS FOR COUNCIL APPROVAL e A. Improvement Petition Res. No. 3044--Authorizing initiating process for paving and sanitary sewer construction within Anthony Subdivision (1385) was read by number and title. Mr. Bradley moved, seconded by Mr. Delay to adopt the resolu- tion. Motion carried unanimously. B. Pay Bills, Claims, and Progress Payments Res. No. 3045--Authorizing payment of bills, claims, and progress payments for period October 23 through November 15, 1978, was read by number and title. Mr. Bradley moved, seconded by Mr. Delay, to adopt the resolu- tion. Rollcall vote. Motion carried unanimously. C. Segregation of Assessments 1. West side of Chase Street, approximately 400 feet north of Marshall Avenue; applicant: Eugene Wolfson, PO Box 10482; SE 78-7 2. Parcel 3 of minor partition located between Four Oaks Grange Road and the Bailey Hill Road cutoff, south of 18th Avenue; . appl icant: Al Moore, 542 Polk Street; SE 78-6. Mr. Bradley moved, seconded by Mr. Delay, to approve the segrega- tion of assessments. Motion carried unanimously. III. COMMUNITY DEVELOPMENT BONUS ALLOCATION (HOUSING OPPORTUNITY PLAN) (Memo distributed) Manager said the bonus allocation resulted from the development of an area-wide housing opportunity program which has been well received by HUD. Thus, the City was awarded an extra $92,000. The distribution of the funds has been reviewed by the Joint Housing Committee and has the concurrence of the County and City staff. Mr. Bradley moved, seconded by Mr. Delay, to approve the Community Development bonus allocation as presented by staff. Motion carried unanimously. IV. BI-AGENCY POLICY BOARD RECOMMENDATION RE: LOW-COST DISTEMPER SHOTS (Memo distributed) On October 25, 1978, Council had requested Councilor Bradley meet with Lane County to review the administrative decision to offer distemper, leptospirosis and hepatitus vaccinations to the public. Manager noted Mr. Bradley's report from that meeting was attached to the agenda, and he recommended the policy be continued with some adjustments. e 11/15/78--3 '30 . Mr. Bradley reported a hearing had been held with testimony from the public and from veterinarians. It was concluded the vaccination program e should be continued for a period of time with more research and periodic reviews submitted to the agencies. He noted that Dave Jordan's memo- randum (distributed) outlined the issues, concerns, and cost factors. Lane County Board of Commissioners considered the item at its last Wednesday's meeting, and concurred with the recommendations as presented in Mr. Bradley's memorandum. Ms. Smith wondered what would be the impact on the program if Eugene voted not to continue. Assistant Manager said the SNIP contract is a partnership as it effects some matters. However, this program is a Lane County operation. As long as the City participates financially, it should have a partner's voice in the policies and hiring and firing of the director. He said no part of the $14,800 contributed by the City is going into this vaccination program. The City could withdraw and Lane County could continue the program. In other words, the program would not be affected by the City withdrawing. Mr. Obie had some concern regarding the costs. He noted the bi-agency has done an excellent job of addressing those concerns. However, he was more concerned with providing one more service that may have to be cut back in the future, and whether the City is going beyond the point at which it should be involved. He was concerned that providing some services that could be provided by the private sector might result in increased costs of other services. In the end, people will have to pay more for the remaining vet services. He would be more comfortable . with the City either taking no posture, one of opposition, or expressing concern as to continuing the program. Assistant Manager noted there would be quarterly reports on the program. However, the first report will be more an evaluation of the Tri-Agency. Subsequent reports will more fully cover the SNIP program. Mr. Delay felt Council should remember this is one minor aspect of an entire program. He said one reason for the program was to control the animal population problem and produce a program that will become self- sustaining. The Bi-agency has modeled the program around others that have effectively become self-sustaining and are working well. He felt this to be a minor aspect in the overall program. He also felt this continuing discussion of a minor problem to be a real burden on the Agency personnel who are now trying to move into their new complex and get the program moving. He supported continuation of the program. Assistant Manager said the thrust of the pUblic testimony at the recent hearing was a philosophical dispute between veteranarians and the community. He said only about 50 people have taken advantage of the program in the past several months. 11/15/78--4 - 131 . Mr. Obie was still concerned regarding adding government services. He felt this would become an issue at all levels in the future, and e that at some point the City will have to stop providing some services. Mr. Delay felt the public was not revolting to get rid of some services, but rather requesting that the services they need be rendered at reasonable costs. He felt the key issue was more whether the need and low cost were available than whether or not the City should be providing those servi ces. He noted the program will be self-sustaining and the costs are nomimal compared to the overall program. Mayor Keller reminded Council the reason it was in this program was because of the past history of inadequate services. Therefore, the Council wanted to, and subsequently did, become involved. He felt it important to allow the program to continue over a period of time to prove itself. He said it was not the intent of the City to drive veterinarians out of town. It was more reasonable to give the program a period of time to prove itself, and then review the program. He hoped Council would take no action, but allow the program to proceed with Council.s support. Manager said a tour of the new pound would be scheduled in December. v. LEAF DISPOSAL--Materials distributed. Manager said one basic reason for the leaf pickup program was the liability that the City could incur, i.e., blocked drains, flooded e basements, and hazards on bike paths. Also, he said the ban on burning also puts the City in a position to dispose of the leaves. The proposal is for a more mechanized leaf-loading system by purchasing two addi- tional leaf loaders. He noted this would be a one-time capital cost outl ay. Mr. Williams moved, seconded by Mr. Delay, to authorize the transfer of funds from contingency funds for the purchase of a leaf loader, with the transfer being completed today. Manager continued that the second recommendation would be to advise the recent petitioners that the City will consider changing the program in the 1979-80 budget process. A third recommendation would be to withdraw services on all unimproved streets that are now receiving those services. Mr. Williams felt the ban on burning obligates City to pick up leaves. Further, he saw no basis for discrimination on the part of the City to provide services only to some residents and not all. It was grossly unfair to inflict the cost of picking up leaves for some streets to those who live on unimproved streets and do not get the services. He was in favor of the City picking up leaves on all streets, improved or -.... unimproved. e 11/15/78--5 '32. ~ Manager noted for Council it would be helpful to have more experience with the new machines and process before making a total commitment e that the City would undertake picking up leaves on all streets. Don Allen, Public Works Director, said he would speak against a blanket pick-up just based on the premise that the City does not allow burning. He said many people dispose of the leaves other than dumping them in the gutters. He said no city has solved the problem of picking up leaves on unimproved streets. The best solution would be to have each property owner dispose of his own. He noted the problem of picking up more than just leaves, i.e., gravel, limbs, and other materials. He was rel uctant to expand the program, and questioned whether or not the City was obligated to pick up leaves. He said with the present staffing and equipment, it would be impossible to expand the service tommorrow. However, the City is in the business of picking up leaves now purely from a liability standpoint, i.e., the effect of leaves in the storm sewers. Currently, at the time for leaf pickup, the staff abondons all other work to pick up leaves. If Council wishes to expand the program, he requested it all ow staff time to present to Council a program that woul d be real istic, economical, and one which staff could handle. Mr. Haws felt the burden should be on the individual. He noted the use of the leaves for compost. He was not in favor of spending $20,000 for additional equipment. He would rather the money be used to educate the public on how to use the leaves on their own property. Mr. Delay did not agree with Mr. Williams that the City had the responsibility to pick up leaves everywhere because of a burning ban, e but more a responsibility based on the drainage problems. He sa i d while increased mechanism may allow expansion, it seems the City will not be able to serve all streets. He wondered if the additional equipment will enable the City to do a better job of maintenance on the bike paths. Mr. Allen said an experimental effort would be attempted with the additional two machines to see how effective they are. Then staff could present a program during the budgeting process. However, he noted staff could not do the leaf pickup program on the streets petitioned this year. However, there may be experimental pickup on those streets. The additional equipment may allow the City to do a better job of addressing the leaf pickup problem on a city-wide basis. He noted this would be a major budget item. Manager said the new equipment would save manpower, also. Mr. Obie wondered if it would be feasible to have a series of dump stations available. Mr. Allen said the program sounded simple but it is very hard to impl ement. It would require staff to police the dump stations as the public would be inclined to dump more than just leaves. He said the present leaf pickup program is about halfway completed and he would be reluctant to make any changes as it would disrupt the existing program and require shifting manpower. . 11/15/78--6 '~3 . . Mr. Williams felt if the City was going to service one-half to two- thirds of the streets in the City, it has no choice but to service all. e He said that people who do not get the service will be upset, and have every right to be. Mayor Keller said the purchase of two additional machines would enhance staff's efforts to provide better service for the City. He felt it would be money well spent. If the City does not try to improve its services, then he felt the citizens had every right to complain. Mr. LieuaJ1en wanted to make sure the recent petitioners for leaf pickup wold know that if the Public Works Department experimented on their streets, this was not to be construed as an expansion of a leaf pickup program in their area. He also felt it important the consti- tuents know they will eventually have to improve their streets. Mr. Williams said it became a question of what is meant by street improve- ment. The constituents in his area felt their streets were improved as they were paved and had storm sewers, but did 'not have curbs. Vote was taken on the motion, which carried with all Councilors present voting aye, except Mr. Haws voting no. A short recess was taken. VI. CONSIDERATION OF CHAMBER OF COMMERCE AS SOLE SUPPLIER OF SERVICES (Materials distributed.) e Manager distributed a revised page 4 of the resolution. He said as the resolution is drafted, it refers to the period July 1, 1978, to June 30, 1979. The resolution would enable the City to contract with the Chamber as sole supplier for convention/promotion services, similar to the EDA resolution passed relative to services they provide on the mall. He said a contract for this year is now in operation. It is felt the Chamber of Commerce does provide unique services in this area. In addition to the resolution, staff was requesting Council to make it clear that this does not in any way commit the City to any kind of payment for services July 1, 1977, to January 23, 1978, when there was no contract with the Chamber. The Chamber is contending it should be entitled to payment of approximately $20,000. Staff was requesting Council to pass a motion to deny that claim. Ms. Benjamin explained Council was obligated to pay for the services for this fiscal year as there is already a contract signed with the City. The resolution would simply designate the Chamber of Commerce as the sole supplier and exempt it from the public bidding process. It also indicates to the Chamber Council's intention to continue to contract for those services in the future. However, that contract would be subject to approval by the Budget Committee and Council for the 1979-80 fi seal year. Mr. Delay felt an annual review added to the amount of paperwork. He wanted to see some simpler mechanism to deal with the issue. e 11/15/78--7 13~ , Emerson Hamilton, President, Chamber of Commerce, said the Chamber e works on a long-term basis, sometimes four years in advance, to solicit tourist and convention business for the area. Presently, he said, the Chamber is serving conventions that were solicited several years ago. He said it is difficult for one group to work at soliciting the conventions and then for another group to deal with that convention four years later. This resolution indicating a contract with the City each year would be consistent with agreements in other cities and would simplify the process and be very helpful. Mr. Lieuallen saw it as a matter of convenience, that of formalizing an already operational system. He saw no reason to oppose it. Mr. Bradley opposed the process because he felt it to be anti-equal. He favored open competition bidding. He did not want obstacles placed for other interested groups to offer these services in the future. Mr. Haws was not in favor of spending money for this particular group. He said of all groups that would come to the Council asking for a monopoly, he would expect the Chamber of Commerce to be the last. He felt it was necessary to have competitive bidding to save money. He favored taking the $54,000 and giving it to some organization that needed it, such as LTD. He felt passing the resolution would be a big mistake. This was one way the City could cut down expenses as the taxpayers say they wish the City to do. He said there really is no commitment as the new Council could change the process. Mayor Keller felt money given to the Chamber was brought back many e times, noting that money received from conventions passes through the community several times. He said this was a very clean business, super beneficial to the community, and there is no more competitive business than the convention business. He did not know what investment would make a better return for the City. Historically the Chamber has always provided this service, and the City should be very appreciative of what the Chamber of Commerce has done. He noted Mr. Hamilton's comment of it being an on-going process over a number of years, and the Chamber needs to know if it is going to be funded. In the past, when the City wished budget ballots to be passed, the Chamber of Commerce was the first to be asked for help and they always responded. He felt the City needed the Chamber and it was the City's obligation to assist them. . ( Res. No. 3046--Designating the Eugene Chamber of Commerce as the sole supplier of specific services and authorizing City Manager to execute an agreement for provision of such services was read by number and title. Mr. Obie moved, seconded by Ms. Smith, to adopt the resolution. Mr. Delay supported the motion, but said he was concerned about the process. He thought perhaps Council should explore a better mechanism. e 11/15/78--8 135 . ., Vote was taken on the motion, which carried with all Councilors present voting aye, except Mr. Bradley and Mr. Haws, voting no. e Mr. Lieuallen moved, seconded by Mr. Delay, that the claim of the Eugene area Chamber of Commerce for payment of $20,453.28 for services from July 1, 1977, through January 23, 1978, be denied. Mr. Obie requested, seconded by Mr. Williams, that the item be held to Monday, November 27. VI I. PUBLIC HEARINGS SCHEDULED FOR NOVEMBER 27, 1978 A. Scobert Litigation B. Rezoning from RA to RA-SR property located on west side of Fox Hollow Road approximately midway between Larkwood Street and East 46th Avenue (Flowerday) (Z 78-26) C. Rezoning from M-2 to C-l property located north of 1st Avenue, between Van Buren and Jackson Street (Rogers) (Z 78-30) Upon motion duly made, seconded, and passed, the meeting was adjourned to November 22, 1978. e ~en~~ City Manager CTH:DT:ml/CM26a11 e 11/15/78--9 ,3&