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HomeMy WebLinkAboutCC Minutes - 09/13/99 Mtg MINUTES Eugene City Council McNutt Room--City Hall September 13, 1999 7:30 p.m. COUNCILORS PRESENT: Scott Meisner, Nancy Nathanson, Bobby Lee, Gary Rayor, Betty Taylor, David Kelly, Gary PapS. COUNCILORS ABSENT: Pat Farr. Mayor James D. Torrey called the meeting of the Eugene City Council to order. 1. CEREMONIAL MATTERS A. Mayor Torrey, participating with the Southern Oregon Council of Mayors, declared September as "National Be Aware and Prepare Month." B. Mayor Torrey proclaimed September as "America Goes Back To School Month" and encouraged parents, schools, community and state leaders, businesses, civic and religious organizations, and the good people of Eugene to observe this month with appropriate ceremonies and meaningful involvement in schools and colleges and with the students of those various institutions. C. Mayor Torrey recognized Eugene Chapter 77 of the National Association of Women in Construction, and its many dedicated volunteers, for its steadfast work on behalf and in support of women in construction and proclaimed September 5- 11 as "Women in Construction Week." ii. PUBLIC FORUM Mayor Torrey outlined the Public Forum process. Nathan Fendrich, Firwood Way, noted that the helmet law for bicyclists under 16 was rarely enforced and called for consideration of a City ordinance that would require helmets for all bicyclists. Nicholas Antone Jr., 512 Honeysuckle Lane, raised numerous concerns about miscommunication with the City. He also raised a concern about his inability to get an apartment. MINUTES--Eugene City Council September 13, 1999 Page 1 7:30 p.m. Mark Peters, 2773 Kismet Way, called for a review of the City tree preservation ordinance. He cited a case on Prairie Road where a large stand of trees was cut down and a fence put up in their place. He called for a site visit from City Councilors. Kevin Hornbuckle, 375 Adams Street, asked why Mayor Torrey had not raised concerns with the Ward 3 boundaries being redrawn when it was happening. He also proposed a charter revision to allow each council member to chair the meetings. He said that Mayor Torrey spoke out of order at the Wednesday meeting and was abusing the authority of the chair. Cindy Noblitt, PO Box 12225, Eugene, spoke against Bus Rapid Transit along residential streets in the Glenwood area. She said that the streets were too narrow for heavy bus traffic and had too many pedestrians for busses to pass safely. She believed that Bus Rapid Transit would lower the quality of life in residential areas. She suggested a northerly route along the Willamette River. Mayor Torrey called for councilor response to the Public Forum. Ms. Nathanson suggested that Ms. Noblitt forward her concerns with Bus Rapid Transit in Glenwood to the Springfield City Council. Mr. Kelly verified the location of the fence that Mr. Peters had mentioned on Prairie Road and Highway 99. Mr. Rayor pointed out to Mr. Hornbuckle that there had been a rule change that allowed councilors to comment/respond after the public forum. Mr. Meisner remarked that the decision to route Bus Rapid Transit through a residential portion of Glenwood was due to an inability to acquire additional right-of-way on the State highway that went through the same area. He said that the Oregon Department of Transportation had not wanted to see any reduction in traffic lanes in that area and choices had been limited. He also noted that there had been extensive public involvement in Glenwood and it was the residents who had spoken in support of a Bus Rapid Transit line on 14th Street through that area because it would provide a buffer between residential and commercial areas. Mayor Torrey said that he would ask staff to look into the issue of the fence in question. Addressing Mr. Hornbuckle's question regarding Ward 3, Mayor Torrey said that he had not been on the council at that time and had not been aware of it. He said that he had apologized for speaking out of order at the Wednesday meeting and provided his reasoning. He offered his apologies again for any councilors that were offended. Mayor Torrey closed the public forum. m. CONSENT CALENDAR A. Approval of City Council Minutes MINUTES-Eugene City Council September 13, 1999 Page 2 7:30 p.m. June 14, 1999 Work Session; June 28, 1999 Work Session; July 12, 1999 Council Meeting; July 14 Work Session; July 21, 1999 Work Session; July 26, 1999 Council Meeting; July 28, 1999 Work Session; August 9, 1999 Work Session B. Resolution No. 4601 Providing for the Issuance and Sale by the City of Eugene, Oregon, Acting by and through the Eugene Water and Electric Board, of Water Revenue Bonds in One or More Series in an Aggregate Principal Amount not to Exceed $36,000,000, Declaring Official Intent to Reimburse Expenditures, Providing for Publication of Notice, and Related Matters C. Resolution No. 4602 Authorizing Interim Financing for In-City Local Improvement Projects in a Maximum Outstanding Principal Amount of $4,000,000, and Repealing Resolution No. 4406 Mr. Meisner, seconded by Ms. Nathanson, moved to approve the items on the consent calendar. Mr. Rayor pulled item B from the consent calendar and notified other members of a potential conflict of interest. Mr. Meisner pulled item A and offered a correction to the July 14 work session minutes. Ms. Nathanson offered a correction to the minutes of the July 28 work session. Mr. Kelly offered a correction to the minutes of June 28. Members unanimously approved item C of the consent calendar. Members unanimously approved item A of the consent calendar, as amended. Mr. Pap~ said that he was concerned over the authorization amount of item B. He clarified that it would be a carte blanche $36,000,000 potential bonding authority. City Attorney Glenn Klein reminded members that there was no vote requirement, but there was a remonstrance provision built in so that if the voters would like an opportunity to vote on it, they could go through the petition process. Mr. Lee asked about public notice. Mr. Klein said that Eugene Water and Electric Board (EWEB) would have to go through the public notice process under the State Uniform Revenue Bond Act. John Yanov from the EWEB Water Division said that EWEB did not plan to immediately issue the $36 million bonds. He said EWEB was looking for authorization to cover a five- to seven-year period and the $36 million would cover that entire period. He went on to say that EWEB was initially going to issue $15-$20 million dollars in bonds to cover immediate work in the next few years. He said that this was an initial step of the Water Supply Plan, which covers a 40-year period. In response to a question by Mr. Pap~ regarding rates, he said that a rate increase to pay MINUTES--Eugene City Council September 13, 1999 Page 3 7:30 p.m. for the bonds was not anticipated. He said that the funds would come from system development charges. Mr. Kelly noted that the bond issuance was included in the Water Supply Plan process that had a good deal of committee study and citizen involvement. He noted that it was not a general obligation bond and it was EWEB revenue-backed only. Members approved item B of the consent calendar unanimously. IV. PUBLIC HEARING: AN ORDINANCE GRANTING TO WILLIAMS COMMUNICA- TIONS, INC., A NON-EXCLUSIVE FRANCHISE TO USE THE PUBLIC WAY TO CONSTRUCT AND MAINTAIN PUBLIC COMMUNICATION FACILITIES WITHIN THE CITY OF EUGENE Warren Wong asked Franchise Manager Para Berrian to explain why the ordinance had been revised. Ms. Berrian reported, for the record, that there were two typographical errors in the draft ordinance that councilors had received earlier in the week. She said that on page 1 "grantee" is more correctly identified as "Williams Communications." On page 4 section 9, she advised councilors to delete the partial sentence at the end of the section because it began correctly in section 10. Ms. Berrian went on to say that Williams Communications was certified by the Oregon Public Utility Commission. She added that it was building a fiber route as a long-haul carrier through several rural communities in Oregon. She said that one route would go to and through the cities of Eugene and Springfield. Mayor Torrey opened the public hearing. Seeing no person wanting to speak, he closed the public hearing and called for councilor comments and questions. Ms. Nathanson asked how the assets that had been given in-lieu-of payment would be protected over time should change in ownership occur. Ms. Berrian said that the protections for the use of the right-of-way are that the City would have a legal contract with a legal entity that operated with the permission of the Oregon Public Utility Commission. She said that providers who would potentially purchase Williams Communication would have to abide by the provisions of the agreement. In response to a question from Ms. Nathanson regarding dependance on the fiber, she said that the City would own the fiber and it was installed in separate conduit. She added that it was a backup set of strands but it was not the only way to connect the City's telecommunications network. She called it a "redundant loop." Mr. Rayor raised a concern that every provider was going to offer fiber as payment instead of cash. MINUTES--Eugene City Council September 13, 1999 Page 4 7:30 p.m. Ms. Berrian said that the initial agreement fit with the future plan of the City and is before the City Council for consideration, and that future agreements would always be as a result of approval by the City Council. Mr. Wong said that each telecommunication provider would be treated separately. In response to a question from Mr. Pap8 regarding who was keeping track of the City's fiber optic lines, Mr. Wong said that the Information Services Division and Public Works Department were keeping track. Ms. Nathanson paraphrased the responses given and commented that if the City could use the fiber then the council should make the deal. She added that the City should not make "in-lieu-of payment" deals if the materials provided were not needed. Mr. Rayor raised concern about the City's assets not being tracked correctly in the budgetary process. Mr. Kelly noted that the next agenda item was a franchise agreement that had a fee rather than an "in- lieu-of payment" deal. Mayor Torrey declared the first reading of the ordinance had taken place. V. ACTION: ORDINANCE GRANTING TO ADVANCED TELECOMMUNICATIONS GROUP (ATG), A NON-EXCLUSIVE FRANCHISE TO USE THE PUBLIC WAY TO CONSTRUCT AND MAINTAIN PUBLIC COMMUNICATION FACILITIES WITHIN THE CITY OF EUGENE Mr. Wong said that this was the first reading of the ordinance granting the franchise to ATG and again called for Ms. Berrian to answer any questions from the City Council. In response to a question from Mr. Kelly regarding the "double reading" of ordinances, Mr. Klein said that all ordinances required a double reading, but franchise ordinances had to have the readings in two separate regular meetings of the council. Mayor Torrey declared that the first reading of the bill had been done. Mayor Torrey adjourned the meeting. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council September 13, 1999 Page 5 7:30 p.m.