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HomeMy WebLinkAbout11/30/1977 Meeting M I NUT E S EUGENE CITY COUNCIL e November 30, 1977 Adjourned meeting from November 28, 1977, of the City Council of the City of Eugene, Oregon, was called to order November 30, 1977, by His Honor Mayor Gus Keller at 12:00 noon, King's Table, Oakway Mall, with the following Coun- cil ors present: Eric Haws, D. W. Hamel, Tom Williams, Ray Bradley (arrived late), Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. 1. Items from Mayor and Council A. Appointment to Budget Committee--Mr. Haws recommended Warren Safley from Ward Six to the Budget Committee. He is a math teacher at Willamette High Schoolc.and resides at 4800 Barger Drive. Mr. Hamel, moved, seconded by Mr. Williams, to approve the appoint- ment of Warren Safley to the budget committee for a term ending 1/1/80. Motion carried unanimously. Assistant Manager reminded Council the Budget Committee meeting sched- uled Thursday, December 1, 7:30 p.m., MacNutt Room, will be focusing on orientation for new budget committee members and/or old budget commit- tee members. Mr. Haws indicated Mr. Safley would be in attendance. e B. Citizen Advisory Committee Appointment--Memo distributed. Manager noted the Committee would be advisory to the Planning Commission in connection with citizen participation in the plan- ning process. Three people have been recommended by the Planning Department: Don Brooke, Denyse McGriff, and George Platt. Under the ordinance, the recommendations require City Council confir- mation. Mr. Haws noted acquaintance with Mr. Platt and highly recommended him. Mr. Haws moved, seconded by Mr. Hamel, to approve the three nominees for appointment to the Citizen Advisory Committee as Citizen-at-Large appointments. Motion carried unanimously. C. Appointment of Representative for Advisory Committee for EPA-LRAPA- Letter distributed. Manager said the purpose of the appointment as described in the letter would be to select an initial representative, who would join two representatives, one each from Springfield and Lane County, in nominating the remaining members of the committee, for a total pf 24 members. Final appoint ment of the committee members will be by joint resolution by the cities of Eugene and Springfield, e 11/30/77--1 KK'! . Lane County, and final approval by the Department of Environmental Quality. He said at this point the appointment would be a Mayor's appointment, if it were to be a Council member; if it were to be e a citizen-at-large, then Council would make the appointment. He noted the importance of this appointment as it would have a great bearing on the other appointments to the committee. The 1 etter had requested action today. Mayor Keller noted Jack Delay had expressed a great interest in serving on this committee, and the two had discussed it at great length. To this date, he had not heard interest expressed from any other person in the community or on Council. Mr. Hamel recom- mended that Delay be appointed, expressing Mr. Delay's background, interest, and willingness to do a good job. Mr. Williams expressed a concern in that this appointment could be a major function that would substantially influence the enforcement tech- niques in air quality in the futures saying those people on the committee will have a major impact on how the community deals with air quality problems. He noted the link between air quality problems, processes, and procedures, and their relationship to the control of growth in the area. He raised the issue that members of the Council were polarized on the issue of growth-no growth, and wondered whether or not it would be in the best i'nterest of Council to select a person in the community who did not represent such polarization of opinion, and who could better satisfy all Councilors. He noted Mr. Delay had a very strong, established position on the growth issue and wondered if that position e would interfere in establishing policies regarding the air quality standards which would affect growth. Mr. Delay said he had never approached Council problems without a great deal of study, hard work, and objectivity. He acknowledged the differences of opinion on the Council. He pointed out, however, that this was a highly technical area, and the question would deal with how the City was going to allocate the roll-back to meet the DEQ standards. He felt it necessary to have someone on the committee who would be both hard-working and objective. He also hoped the City did not take the same approach as Medford had, and reviewed that city's actions. He said it was a very difficult question and a very technical area, requiring addressing the public factor and intrusion. He felt Mr. Williams was implying he might use the position on this committee for some political purpose, and felt that was an unfair and unfounded statement. Mr. Lieuallen felt it ironic Mr. Williams had couched his remarks in such terms. He said if the City were not able to deal with these problems, it would not be able to expand the industrial base and allow for population growth. He said if the stance were for e 11/30/77 --2 890 growth restraint, the best way would be to insure the City did not deal directly and correctly with its pollution problems. He felt . there was a very direct relationship between the pollution control and population growth. He continued that Mr. Delay knew more than many of the Councilors, noting his reading and studying of the issue in trying to find out what it means to the community. He felt Council should take advantage of Mr. Delay's experience, expertise, and knowledge. Mr. Obie acknowledged agreement with both Mr. Williams' concerns and statements made by Mr. Delay and Mr. Lieuallen. However, he said the appointment to this committee appears to be of major significance and he wished to have more time to think about it and discuss it further. He expressed as much concern about who Mr. Delay might appoint on the committee as Mr. Delay's being on the committee. He encouraged a two-week delay in the decision. Mr. Delay noted the appointments on the committee were very well- defined, as outlined in the letter. He also noted the appointments would require persons who would be willing to accomplish much work in a short period of time and would be willing to be very objective in looking at some very difficult questions. He was not sure what the concern was about the appointments, again noting it was a group with a fairly well-defined task and community interest is obvious. He said there were no preconclusions in the process, but that very " difficult problems would have to be dealt with. e Manager noted in the letter the request was for representatives from various agencies, saying staff was not sure the definition of "agencies." Joyce Benjamin, City Attorney's office said that could include staff. Mr. Obie understood the three representatives would be making appointments to the committee that would be approved by the three specific jurisdictions involved. In that case, he saw Mr. Delay as having no direct appointive power. Mr. Delay responded the three initial appointees would be working with various groups and citizens in the community, he said it would involve more than these three people. He noted the three persons nominating the other members of the committee would be making membership recommendations for final approval by the DEQ. City Council would give its approval to the appointment before the final recommendation to DEQ. He said City Council could get more involved in the appointments if it so wished. Mayor Keller acknowledged the importance of the committee, and noted he shared some of the concerns that had been expressed. He had talked at great length with Mr. Delay and had expressed those same concerns. He noted it was going to be a committee making some very important decisions and recommendations affecting the community's air quality. e 11/30/77--3 891 Mayor Keller appointed Jack Delay to be the initial member of the committee. D. Youth Commission--Memo distributed to Council. . Manager reviewed for Council three vacancies which have occurred on the Youth Commission as a result of unexcused absences of Thomas Merriam, David Adams, and Anne Talbott. He noted this would add three more vacancies for the Council to fill and noted it would require a motion of acceptance of these vacancies. Mr. Haws said as he understood from the memo the Commission's bylaws required removal after three unexcused absences. He won- dered if it was necessary for Council to take official action. He continued, there seems to be a continuing problem with the commissions of people being appointed and not attending, thus making it difficult for the commissions to carryon their work. He felt if the persons appointed were not going to make a commit- ment to attend meetings and work with the commissions, then they should be removed, noting the cost in time and money. Mr. Haws moved, seconded by Mr. Hamel, to accept the recom- mendation for removal of the three persons from the Youth Commission. In answer to a question from Mr. Haws, Manage~ responded he assumed the three persons had been contacted and their failure to attend meetings had simply been a lack of interest on their part. Mr. Obie wondered.if it could be assumed that the Commission did not have enough matters to deal with to make it important for Commission e members to attend. Assistant Manager said that was not the case with the Youth Commission, noting it was very involved. Vote was taken on the motion which carried unanimously. E. Tri-Agency Manager noted Mr.' Bradley was presently attending a Tri-Agency Policy Board meeting, and would be returning prior to the end of Council meeting to ask for Council action regarding solving the issue of a spay-neuter clinic. F. Parks Bid Award for Spencer Butte Restroom Facilities Manager noted the item would be deleted from the agenda today at the request of the Parks Department, as the bids received had been too hi gh. The item will reappear at a later Council meeting. r II. Approval of Churchill Neighborhood Association Charter--Charter distributed. Manager noted receipt of the charter by Council and said staff found everything in order in terms of the charter and representation following City guidelines. He noted one point of controversy regarding the borders of the Association, and in discussions with surrounding areas, those areas had elected not to be included. Action tOday was for approval of the charter. . 11/30/77--4 <<91. John Porter, Planning Department, brought to Council's attention an issue regarding neighborhood organization pOlicy, citing Section 2, E, . regarding criteria for boundaries. He said staff recognized neighbor- hood groups have more functions than planning, but when looking at the boundaries of the neighborhood organizations in this particular area (there already being three), he wanted to bring to Council's attention that the types of planning done by the department necessitate looking at a much larger area than just one particular neighborhood group. His main concern was that the neighborhood groups realize when City does planning regarding parks, sewers, and transportation, it's necessary for the groups to work together in a joint effort and that the Planning Department cannot undertake refinement planning in this case for one neighborhood alone. Ms. Smith wondered if that was true for other areas in the City, and whether that same effort was being exerted. Mr. Porter said the policy had come into effect in 1976. He recognized the Planning Department staff's position had been at odds with Council's position regarding the geographical areas of many neighborhood groups. He explained it was not a major problem, but just a concern. Manager noted City Attorney had instructed a change in wording, Article I, 1I...Association established according to the provisions of Resolution No. 2554.11 Res. No. 2796--Approving and accepting the Churchill Neighborhood Association Charter was read by number and title. e Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution, including the change of wording. Elaine Roccio, president of the Churchill Neighborhood Group, expressed hope that Council would favor the charter. She said the boundaries had been discussed at two separate meetings and at both times had received unanimous votes. She said they anticipated there would be at least 2,000 members within the boundary area by the time all the housing developments are completed. Mr. Delay said perhaps the association would like to take a second look at its charter in that it seems to set rigorous standards at meetings for almost unanimous consent of items. Yet between meetings, Executive Committee seems to be given total power. Ms. Roccio ex- pressed thanks for the feedback, and noted it was very clear to the group that no matter of any real issue could be voted on by the Executive Committee without the general consensus at a general meeting. The Executive Committee was simply established to take care of the paper work in between meetings, but no vote would be taken on any issue with less than 20 people present at a meeting. Vote was taken on the motion which was carried unanimously. . 11/30/77--5 K~3 - - I I I. Application of Wrecker1s License--Applicant First Farwest Transpor- tation, Inc., 2200 West Sixth Street, Eugene. Manager noted initial indication was for denial of the license, as . violations' had been noted by the Building D~partment. Parking of wrecked vehicles outside an enclosed area were observed and that was in violation of City code and could be grounds for denial. In the meantime, however, Mick Nolte of the Building Department had discussed the issue with representatives from the business. Mick Nolte said the facility is located directly west of the Mayfair Market at the Big Y shopping center, noting there were two or three other businesses in the same area. He said originally denial had been recommended based on past observations of wrecked vehicles out- side of the screened enclosures. However, he had been in contact with Paul Smithrud, of Farwest Trucking, who had not been aware of the problem. Mr. Smithrud indicated there had been a problem in that trucks might be brought in late in the evening, and could not be immediately moved into the screened area. The recent influx of such vehicles during the bad weather was evidence of such a situation. He assured Mr. Nolte that the problem would be expedited and those vehicles would be located within the screened area as quickly as possible in the future. Based on that assurance, the staff was recommending approval of the license. In response to a question from Mr. Haws, Mr. Nolte said this was a renewal license, and a violation would be of the zoning ordinance. Mr. Lieuallen wondered if an agreement were reached, if recommendation e for the license was given to the state, and if the situation deterior- ated again, what recourse would be taken. Mr. Nolte said the business would be cited for appearance in municipal court for violation of the zoning ordinance. Mr. Nolte said wrecked vehicles had been observed but had not been cited; and no complaints had been received. Mr. Delay wondered if this were a continuing problem, if the City had had to warn the operation prior to this time, or if it were just happen- ing now, wondering if the business would indeed cooperate. Mr. Nolte said he felt the agreement reached with Mr. Smithrud was sincere and the business would cooperate in cleaning up the problem. Mr. Hamel questioned why staff had not talked to the people about the problem before just recommending denial. He noted the business was owned by Gunderson-White Brothers, who are very respectable and reputable business people in the area. He asked why deny the license when the problem had not even been discussed with the people. Mr. Nolte replied this was a state license, not a City internal affair. Even so, he said the situation would be a violation of the City zoning ordinance. He said it was like many requirements; if the situation were bad enough, the business would be cited. However, in this instance it had not been felt severe enough to cite under the local ordinance. Mr. Hamel then wondered if it were not severe enough to cite, why it was severe enough to deny the license. , 11/30/77 --6 -,- 8'fLf Mr. Bradley arrived. e Mr. Nolte said the situation was referred from the State to the City for a recommendation, noting the business was in proper condition at that time. However, an inspector had infonned the building 'staff that from time to time there had been violations with vehicles parked outside the screened area. The initial feeling on the part of the staff was there had been a number of violations in the past and now were being brought to the attention of the operators. Mr. Obie expressed concern that staff would jump to a point of recom- mending a denial when the business had not even been cited. Mr. Nolte replied when the inspector reviewed the premises at the time the license had been referred, the property was in proper condition. However, it had been observed at various times in the past as being in violation. Lum Newport, 90342 Squire Drive, representative of Farwest Truck Center, tried to clarify for Council that the business was aSking only for a wrecker's license. He noted when wrecked vehicles come in for repair, they cannot always be moved within the fenced area immediately. How- ever, in doing the wreCking business, when a wrecked vehicle comes in it is immediately taken within the fenced area and the wrecking work is done within that fenced area. He reiterated the business was asking for a wrecker's license and this should not be confused with repair of wrecked vehicles. Manager said the owners had stated to Mr. Nolte that they will attempt e to get the wrecked vehicles inside the fenced area within 24 hours, and that was what the City was asking. He noted it was against the law to have wrecked vehicles outside the fenced area. David Middleton, 835 Lester, cited other similar businesses in the area were also violating the law by leaving wrecked vehicles outside the fenced area. He felt by confusing the issue of wrecked vehicles for repair outside the fenced-in area or operating the wrecking business work behind the fenced area was creating a larger issue. He again reiterated the wrecking done by his business was done behind the fenced walls. Mr. Delay asked for clarification as to what the City code said re- garding staCking cars up on public property or within screened lots. Mr. Nolte said the 1968 zoning ordinance required outside storage be screened and also that repair garages in C-2 zoned areas operate by carrying on their business within an enclosed area. He said some operations in the City predate that ordinance and are not in compliance. He said in this particular instance, the City was responsible to require compliance to state requirements and to the local ordinance. Assistant Manager clarified the two issues being discussed regarded the wrecking operation and repair of wrecked vehicles. He said clearly the wreck- ing operations would have to come within a screened area, but that e 11/30/77--7 8~5 i . vehicles in a wrecked condition awaiting repair outside the screened area wou1d not necessarily violate requirements. He said the present situation'was an attempt to deal with what had appeared to be more . wrecked vehicles outside a screened area, and an attempt to sensitize the business operators to the condition of their operation. Mr. Lieuallen said it seemed the inspectors had made observations . that did not relate to the request for a wrecking license. He won- dered how the inspector could make that distinction between the two operations,and whether Council should address that situation in the future. Assistant Manager noted that would be a very difficult question to deal with. Mr. Haws moved, seconded by Mr. Hamel, to approve the appli- cation for a wrecker's license. Motion carried with all Councilors present voting aye, except Delay voting no and Mr. Bradley abstaining. IV. Improvement Petition Res. No. 2792--Authorizing initiating process for street-paving, walkway, sanitary sewer, and storm sewer construction to serve Dorella Park Subdivision was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Motion carried unanimously. V. Award of Coburg Road Storm Sewer Contract--Tabulation attached. Manager noted the recent decision by the Federal court ruling in favor e of the City to receive the funds for this project. He said this was part of an EDA grant in the amount of $771,000. To meet Federal requirements, the City had done some preparatory work. All papers were in order and met Federal requirements, and staff was asking Council approval. He noted also, in addition to employing many people in the area, the pipe to be used in the sewer line would be manufac- tured locally and it would be necessary to get an early start. Mr. Haws wondered what use would be made of the difference in the amount of money between the grant received and the contract bid award by Wildish. Don Allen, Public Works Director, said this was only one bid in the course of using the total amount of money. He said the City would be using change orders and separate contract provisions to make alternative outlets for the project. He said staff would be working with the Federal agency, again noting this is only a partial award of the entire project. Ms. Smith asked Mr. Allen for comment on the spread difference on the bids. Mr. Allen said it seems to be a standard procedure recently in having a wide range on bids. He said Wildish was well within the estimate of the project. e 11/30/77--8 8~b . Mr. Lieuallen asked what an alternative outlet would be. Mr. Allen said the present project was to terminate in a slough, and consideration e was being given now as to whether to continue 1,500 fee~ further to the river. He said that would be use of these funds. Mr. Haws moved, seconded by Mr. Hamel, to award contract to low bidder, Wildish Construction Co. Mr. Bradley said he would vote against the motion, citing his con- tinuing opposition to the project, the rezoning and annexation of this property. Vote was taken on the motion, which carried with Haws, Smith, Williams, Obie, and Hamel voting aye; Lieuallen, Bradley, and Delay voting no. VI. Approval of Minutes Mr. Haws moved, seconded by Mr~ Hamel, to approve the Council minutes of November 23, 1977. Roll call vote. Motion carried unanimously. VII. Quasi-Judicial Hearings Scheduled December 12, 1977 A. Change of zone/sign district, located in the 2200 block on the east side of Augusta Avenue (English) (Z 77-3) B. Appeal of Planning Commission denial for minor partition, located west of Shasta Loop on the west side of Barber Drive (Clark) (M 77-117) e VIII. Tri-Agency Policy Board Mr. Bradley reported the Policy Board had met at noon today and felt they resolved the issue, at least among the Policy Board, regarding Tri-Agency dog control. He said the decision was that Eugene and Lane County would, through an intergovernmental agreement, agree to operate a spay/neuter program, and would lease space from the Tri-Agency pound facility. The recommendation was that the Council authorize City Manager to prepare a resolution carrying out these actions. Also, the Policy Board was aSking in the resolution that the City of Eugene would enter into ownership and construction of the pound facility. Ms. Smith wondered what the outcome of the sundown clause was if the spay/neuter clinic was not financially supportive at the end of three years. Assistant Manager said it was felt not to be necessary because the City was confronted with budget allocations and either party to the partnership could indicate it could not afford to continue; thus the partnership could be dissolved. He said at the end of three years, the partnership would make a judgment as whether to dissolve, but that either could dissolve the partnership if budget problems arose before that time. Ms. Smith expressed desire that staff monitor the budget costs, and Assistant Manager assured her they would. . 11/70/77--9 ~7 , I I I Mr. Obie. asked how many dollars the City would be investing. Dave Jordan, Police Department, indicated $14,800 initial investment the first year, and the second year was up to the Budget Committee. He e f~lt the second year would probably be similar to the first year's figure. Mr. Obie then asked when the City would begin receiving money back from the clinic. Assistant Manager said that the clinic should be breaking even the third year and money should be coming in the fourth year. Mr. Delay expressed his feeling that Council should support such a motion. He said the spay-neuter clinic was a very important element in dog control in the community, and felt this to be the key issue. He said this agreement would give Eugene and Lane County the control it needed. He also noted that Eugene and Lane County were extending themselves to accommodate Springfield and the Tri-Agency, noting that instead of Springfield not paying, it in fact would be receiving payment from the other two jurisdictions. He felt it important to understand Council was going out of its way to cooperate and important to get the spay/neuter clinic operating as quickly as possible. Mr. Haws moved, seconded by Mr. Hamel, to authorize City Manager to draft resolution. Motion carried unanimoUSly. On motion duly made, seconded, and passed, the meeting was adjourned to December 12, 1977. ~2y~ e City Manager CTH:DT:ml/CM25a12 . 11/30/77--10 8~g ~ -. ; DEPARTMENT OF PUBLIC WORKS Engineering Division - Bid No. 13 Opened: November 3, 1977 l. STORM SEWER: Coburg Road and Locke Road from Crescent Avenue to 1,500 feet north of County Farm Road (Job No. 1363) Bidders: Contract Cost 1- Wild ish Construction Company ---______________________ $ 662,207.65 2. H & J Construction ----_______________________________ 670,027.50 3. Salem Sand & Gravel Company --________________________ 750,043.00 4. Eugene Sand & Gravel, Inc.----------__________________ 792,002.50 5. Dan D. Allsup Contractor, Inc.--------________________ 802,450.00 6. Dorfman Construction Company, Inc.----------__________ 931,470.00 7. Marshall Associated Contractors, Inc.-----------______ 963,448.75 8. North American Contractors, Inc.----------___~------__ 1,105,455.00 9. Robert R. McGrew, Inc.------------____________________ 1,135,887.50 Economic Development Administration Grant Project # 07-51-23280 $771,100.00 COMPLETION DATE: May 1, 1978 e ------------------------------------------------------------------------------------------ . 81'1