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HomeMy WebLinkAbout07/10/1978 Meeting . M I NUT E S - EUGENE CITY COUNCIL July 10, 1978 Regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller July 10, 1978, 7:30 p.m., in the Council Chamber, with the following Councilors present: D. W. Hamel, Tom Williams, Eric Haws, Scott Lieuallen, and Betty Smith. Councilors Ray Bradley, Jack Delay, and Brian Obie were absent. Manager introduced to Council the new Public Information Officer in the Manager's Office, Mel Jackson from Parks and Recreation. I. Public Hearings A. Rezoning From County AGT to City R-1 Property Located Between Willamette Street and Fox Hollow Road (Brolin Co.) (AZ 77-9) Unanimously recommended by Planning Commission May 2, 1978. Jim Farah, Planner, said the property involved had been annexed by the e Boundary Commission May 4, 1978. Council had referred the zoning issue from a March 27 meeting back to the Planning Commission for reconsideration because of a tie vote and no recommendation from the Planning Commission to Council. Planning Commission subsequently recommended R-1 PD zoning for the property, with the planned unit development procedures required to ensure compliance with South Hills Study. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Dave Pedersen, 440 East 2nd Avenue, planning consultant representing the Brolin Company, was available to answer questions and said that he concurred with the recommendation before the Council. Public hearing was closed, there being no further testimony presented. C.B. 1642--Authorizing rezoning property located between Willamette Street and Fox Hollow Road from County AGT to City R-1 PD was read by number and title only, there being no Councilor present requesting it be read in full. e 7/11/78--1 ""85 . Mr. Hamel moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and e minutes of May 2, 1978, be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be consi- dered at this time. Motion carried unanimously. Lacking quorum of six Councilors present, the bill was held for second reading to July 24, 1978. B. Concurrent Annexation and Rezoning: Property Located East of Arcadia Street and North of Harlow Road From "County RA and AGT to City R-1 (Babcock) (A/Z 78-6) Recommended by Planning Commission May 2, 1978, with a 4:1 vote. Mr. Farah said the property request involves 21 acres located east of Arcadia, with an island area in"Willakenzie. The island areas in Willakenzie are under review by the Planning Commission. He said acijacent property owners along Arcadia had been contacted about inclusion in the annexation, and only Dr. Schroeder requested inclusion in the annexation. Therefore, Council had two separate actions: Annexation of Babcock and Schroeder property; and rezoning only of the Babcock property. He noted only Babcock was being recom- mended for rezoning because of non-inclusion of additional areas in required public hearing legal notice. The question of appropriate zoning for the Schroeder property will be considered by the Planning Commission in August with the subsequent recommendation submitted to Council. Mr. Farah noted there were transcription errors in the legal descrip- e tion concerning the properties in question. He made the following correction: Regarding annexation, the properties involved are Tax Lots 701 and portions of Tax Lots 700 and 800, Assessor's Map 17-03-2 1; Tax Lot 102, Assessor's Map 17-03-21-4 3; Tax Lots 100, 200, 300, and 400, Assessor's Map 17-03-21-4 4; Tax Lots 2214, 2301, and a portion of 2302, Assessor's Map 17-03-22. Changes in the rezoning were submitted as follows: Tax Lot 701 and portions of Tax Lots 700 and 800, Assessor's Map 17-03-21; and Tax Lot 102, Assessor's Map 17-03-21-4 3. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Harold Babcock, 2350 Terrace View Drive, was available to answer questions. Public hearing was closed, there being no further testimony presented. - 7/11/78--2 ~S~ I ~."'" . Res. No. 2952--Forwarding to Boundary Commission recommendation -- for annexation of property located east of Arcadia . - Street and north of Harlow Road was read by number and title. Mr. Hamel moved, seconded by Ms. Smith, that findings supporting the annexation as set forth in Planning Commission staff notes and minutes of May 2, 1978, be adopted by reference thereto; and that the resolution be adopted. Motion carried unanimously. C.B. 1712--Authorizing rezoning from County RA and AGT to City R-1 property located east of Arcadia Street and north of Harlow Road was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of May 2, 1978, be adopted by reference thereto; 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. Lacking quorum of six Councilors present, the bill was held for second reading to July 24, 1978. C. Amendments to Fire Code Ordinance--Memo Distributed Manager said the proposed amendments addressed Council directions e and public testimony at its June 26 meeting in which it passed an ordinance adopting the new Fire Code. Four alternatives were suggested in consideration of inspection of fire detectors, with staff recommending Alternative No.1. Language changes also will allow smoke detectors to be installed on the wall and to be included in multiple corridors. Also, the amendment would provide release from responsibility for a landlord if a tenant removes batteries from smoke detectors .' Wendell Wick, Fire Marshal, reviewed the proposed amendments. He noted recordkeeping and inspection for Fire Department review would be required only for hotels and motels because of the transientcy of occupants. Regarding the six to twelve inches for wall mounting of smoke detec- tors, Mr. Williams wondered what part of the smoke detector should be measured to establish this correct mount. Mr. Wick said the top of the smoke detector should be no closer than six inches because of dead air space, and no lower than twelve inches because of the header of door entrances. He noted this conformed to the National Code language. Mr. Williams expressed another concern regarding how to prove whether or not the tenant has removed the battery. He wondered how it would be proved that the owner himself had not done so. Mr. Wick said the most likely case would be a tenant removing, as he might be bothered e 7/11/78--3 1f87 . by the beeping which occurs and would thus remove the battery. language in the amended ordinance would thus protect the owners. - Mayor Keller noted under Alternative No.1 the records should be maintained by the owner. He questioned what would happen in a court case if the owner was keeping the records showing battery installation, but the owner in fact had removed the batteries. Joyce Bemamin, City Attorney's office, said the language in the ordinance was an attempt to respond to Council's concern as to the owner's responsibility. The amendment was an attempt to make it clear that the tenant had the responsibility not to remove the batteries. If the tenant did so, the owner could prove by records kept that the battery had been installed. She noted the attorney's office was comfortable with the present language. Public hearing was held with no testimony presented. C.B. 1713--Concerning the fire code; amending Section 8.200 of the Eugene Code, 1971; and declaring an emergency was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Ms. Smith, that the bill, with Alternative No.1, be read the second time by council bill number only, with unantmous consent of the Council, and that enactment be considered at this time. Motion carried unani- mously. lacking quorum of six Councilors present, the council bill was held for second reading to July 24, 1978. e D. liquor License: New Outlet Casa To1 Tec (RMB), 389 West 6th; applicant Mary Leon Manager reviewed OLCC report. The report indicated one objector, an owner of a rooming house located at 543 Lawrence, eight non- objectors and one noncommittal. Staff has reviewed the OLCC report, finds all papers in order, and recommends approval, subject to final inspection and certificate of occupancy issued by the Building Department. Public hearing was opened. Mary Leon, applicant, noted this was principally a restaurant and it is closed at 10:00 p.m. She did not foresee any problems. Public hearing was closed, there being no further testimony presented. Mr. Hamel moved, seconded by Ms. Smith, to forward with approval to OlCC, subject to conditions. Motion carried unanimously. e 7/11/78--4 qgg I "':0: E. Public Works Bi~ Awards (attached) e Don Allen, Director of Public Works, noted the following corrections: Under Job No. 844, the four-inch concrete cost should be $1.60 per square foot and the five-inch concrete $1.70 per square foot. Under Job No. 1171, the cost to the abutting property owner for the 44-foot paving should be $43.30 per front foot. Also under Job No. 1171, the cost to the County of $90,000 was noted. He subsequently reviewed all bids and recommended awarding to low bidders as noted. Mr. Lieuallen noted under Item No.6, Jobs 1423 and 1440, a major difference in the cost to the City and the amount budgeted. He wondered how Mr. Allen could reconcile this difference and how the City would pay for it. Mr. Allen said the design for that parti- cular job had been to build storm sewers within the subdivision and the $900 estimate was appropriate. Subsequently, design was corrected to build storm sewers outside the subdivision, thus the cost of $16,300. He said in the budget there is a $50,000 miscel- laneous storm sewer fund and this fund would be used for this particular job. Item No.2, Job 1171, Mr. Haws questioned why the prQject was going only to 11th and not on to Elmira Road. Mr. Allen said the Public Works Department was still negotiating with Southern Pacific, and the completion of the project would be in next year's construction. Mr. Haws then wondered why the County was paying part of the share of the cost. Mr. Allen said Lane County does, by prior agreement, e help fund road improvements in some areas of the City. Mr. Hamel wondered under Item No.1, Job 844, why the prQject was stopping at Norkenzie. Mr. Allen said the acquisition of rights-of-way were necessary for the remainder of the proj ect, which woul d be completed next year. Public hearing was held with no testimony presented. Mr. Hamel moved, seconded by Ms. Smith, to award contracts to low bidders as recommended by staff. Motion carried unanimously. II. Ordinances For Second Reading--None. III. Ordinances For First Reading--None. IV. Adoption of Findings of Fact A. Fairway Loop PUD Appeal (PD 78-7) e 7/11/78--5 Lfg, Mr. Hamel moved, seconded by Ms. Smith, to adopt the Findings of Fact. Motion carried unanimously. B. Atwood Minor Partition Appeal, Sandy Drive (M 78-39) - Mr. Hamel moved, seconded by Ms. Smith, to adopt the Findings of Fact. Motion carried unanimously. V. Resolutions Res. No. 2953--Authorizing payment of bills, claims, and progress pay- ments for period June 26 through July 10, 1978, was read by number and title. Mr. Hamel moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. VI. Approval of Minutes Mr. Hamel moved, seconded by Ms. Smith, to approve Council minutes June 26, 1978. Roll call vote. Motion carried unanimously. VII. Civic Center Mayor Keller said Council should discuss the extent of their involvement e in the many phases of the Civic Center project over the next few months. He said in reading the minutes of the last Commission meeting, it appeared there was some disagreement about selection of the prime architect. He felt it would behoove Council to exercise a leadership role and perhaps should discuss the issue at Wednesday's meeting, July 12. City Manager noted a request had come through Mr. Williams that Mr. Obie wished this item to be deferred to July 19, as we would be unable to attend the July 12 meeting. Mr. Obie very much wished to be at the meeting for the discussion. Mr. Lieuallen noted Council should also consider the process, and the transition from the Civic Center Commission to the actual administration and building of this facility. Also, it has to deal with the process of selection of an architect. Feedback from the community had indicated to him that there is a desire for more open discussion in this process. Mr. Williams said the request from Mr. Obie was very strong. He very much wanted to be a participant in the discussion and, since he is a member of the Commission, Mr. Williams felt Council should honor Mr. Obie's request. e 7/11/78--6 *~O I ~ Mayor Keller noted the Council has a strong obligation to look at what -- it has created in the form of a Civic Center Commission, and what Council wants it to do from now through construction, and also in the management of the project itself. Council should be considering where it feels obligated to be involved in decision making. He noted he had six appoint- ments to make and would like to make them in a manner that would please the maj ori ty of the Counei 1 . He requested the item be placed on the Council agenda for July 19, scheduling at least an hour and a half for discussion. Regarding appointments to the commission, Mr. Lieuallen said time was of the essence. He would like Council to address the issue of perhaps appointing new members from the community. Mayor Keller noted perhaps Council would like to take a good look at the design and be involved in selecting the architect and awarding the contract, plus the type of management structure. Also, Council should think about the responsi- bility it wishes to pass onto the Civic Center Commission. Ms. Smith felt it critical the Council identify who the client is and who the architect would be working with. Consensus of Council was that the item would be placed for Council dis- cussion at its July 19 meeting. Upon motion duly made, seconded, and passed, the meeting was adjourned to July 12, 1978. e c~nj~ Ci ty Manager DT:so/CM7bl e 7/11/78--7 If" I ----..--- - " DEPARTMENT OF PUBLIC WORKS Engineering Division - Bid No. 7 Opened: July 5, 1978 1. PAVING AND SIDEWALK on Cal Young Road from Gilham Road to Norkenzie Road (844) Contract Cost Bidders: Basic Alternate 1. Eugene Sand & Gravel, Inc.-----------------_______$ 0 $254,925.65 2. Morse Bros. Contractors, Inc.---------------------$259,198.75 0 3. Wi1dish Construction CO.--------------------------$302,594.70 0 Cost to Abutting Property Cost to County Amount Budgeted . . By Agreerilen t 36' Pave $ 35.30/FF $140,500.00 20' Pave $ 19.00/FF 4" Cone. $ 1. 60/FF Cost to City 5" Cone. $ 1. 70/FF (Storm) $27,500 $ 27,500.00 CO~WLETION DATE: November 1, 1978 -------------------------------------------------------------------------------------------~ 2. PAVING AND SANITARY SEWERS on Seneca Road from 1st Avenue to 11th Avenue (1171) Bidders: Contract Cost 1. Wildish Construction CO.------------------------------------$495,120.27 2. H & J Construction--------------------________-_____________$536 560 10 . - , .. ~. Eugene Sand & Gravel, Inc.----------------------------------$568,525.35 4. Morse Bros. Contractors, Inc.------------~------------------$605,279.60 .. Cost to Abutting Property Cost to City Amount Budgeted 44' Pave $ 48.30/FF $ 198,000.00 $180,000.00 7" Concrete $ 1. 93/SF (Storm Swr) San. Servo $800.00 . COMPLETION DATE: July 1, 1979 Page 1 of 3 - Lf~2.. rJ - . . 3. SANITARY SEWER to serve Essex Heights - Subdivision (1462) Bidders: Contract Cost 1. Wi1dish Construction CO.------------_______________________$ 16,733.11 2. Shur-Way Contractors, Inc.---------_______________________$ 28,464.00 Cost to Abutting Property: Cost to City Amount Budgeted I I San. Lat. $ 0.15/SF Deferred San. Serv.$ 100.00/Each $ 5,600.00 $ 5,600.00 COMPLETION DATE: September 15, 1978 ------------------------------------------------------------------------------------------- 4. SANITARY SEWER to serve Tax Lots 18-03-16-30-2900 and 3000 on Skyline Park Loop (1586) Bidders: Contract Cost 1. Wildish Construction CO.----------_________________________$ 7,086.65 2. Shur-Way Contractors, Inc.-----------______________________$ 11,200.00 Cost to Abutting Property: Cost to City Amount Budgeted e San. Lat. $ 0.16/SF Deferred San. Serve $ 410.00/Each $ 2,600.00 $ 2,600.00 COMPLETION DATE: September 15, 1978 ------------------------------------------------------------------------------------------- 5. SANITARY SEWER on Wi11akenzie Road from Ca1 Young Road to 520 feet North (1603) Bidders: Contract Cost .. 1. Wildish Construction CO.-----------_______________________$ 15,852.18 2. Shur-Way Contractors, Inc.----------_______________________$ 21,085.00 3. Eugene Sand & Gravel, Inc.-----------__________~___________$ 25,361.00 Cost to Abutting Property: Cost to City Amount Budgeted 'San. Lat. $ 0.28/SF None None COMPLETION DATE: September 15, 1978 4' Page 2 of 3 1../93 4f? . . 6. PAVING, SANITARY SEWER, STORM SEWER within South Vista Subdivision; and to serve Anne Plat and sanitary sewer to serve within 160 feet of the North and South e Boundary of Anne Plat (1423 & 1440) Contract Cost Bidders: Basic Alternate 1. Eugene Sand & Gravel, Inc.-----------------------$ 0 $ 93,813.45 2. Wi1dish Construction CO.-------------------------$ 0 108,160.50 3. Dan D. Allsup Contractor, Inc.-------------------$ 0 110,112.10 4. Shur-Way Contractor, Inc.------------------------$114,727.88 112,343.18 5. Morse Bros. Contractors, Inc.--------------------$117,183.10 115,574.75 Cost to Abutting Property: Cost to City Amount Budgeted 28' Pave (Lore11a Ave.) $ 21.00/FF 28' Pave (Lore11a Ct. ) 23.35/FF ~an. Lat. $ 0.11/FF San. Servo 215.00/Each Stm. Swr. - S. Vista $1510.00/Lot $ 16,300.00 $ 900.00 Anne Plat $1440.00/Lot CO~WLETION DATE: September 15, 1978 --------------------------------~------------------------------------------------------------ 7. PAVING on Hawkins Lane from Highland Oaks Boulevard to 250 feet South of 25th Avenue; - and on 25th Avenue from 500 feet West of Hawkins Lane to Hawkins Lane (1487) . Contract Cost Bidders: Basic Alternate 1. Eugene Sand & Gravel, Inc.----------------------$ 0 $127,943..55 2. Morse Bros. Contractors, Inc.-------------------$138,595.51 $132,140.25 3. Wi1dish Construction Co.------------------------$ 0 $134,538.34 Cost to Abutting Property: Cost to City Amount Budgeted 28' Paving $ 26.60 $6,000.00 (Parks) $ 27,400.00 ~ 36' Paving $ 33.20 $8,000.00 (Paving) San. Lat. $ 6,000.00/Lona Sub. $22,700.00 (Storm) $ 5Q,600.00 Tax Lot 115500 CO~~LETION DATE: September 15, 1978 -------------------------------------------------------------------------------------------- 8. PAVING South side of 5th Avenue from Bertelsen Road to 320 feet West (1613) Bidders: Contract Cost 1. Wi1dish Construction Co.--------------------------------$ 9,012.58 2. Eugene Sand & Gravel, Inc.------------------------------$ 9,641. 62 3. Babb Construction Co., dba Delta Construction Co.-------$ 10,198.00 4. Morse Bros. Contractor, Inc.----------------------------$ 10,906.50 . Cost to Abutting Property Cost to City Amount Budgeted 44' Paving $ 38.10/FF None None COMPLETION DATE: October 1, 1978 tt<tLf [tV Page 3 of 3