HomeMy WebLinkAbout09/11/1978 Meeting
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M I NUT E S
EUGENE CITY COUNCIL
e September 11, 1978
Regular meeting of the City Council of the City of Eugene, Oregon, was called to
order by His Honor Mayor Gus Keller at 7:30 p.m., September 11, 1978, in the
Council Chamber with the following Councilors present: D.W. Hamel, Eric Haws,
Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. Councilors Ray Bradley
and Tom Williams were absent.
I. PUBLIC HEARINGS
A. Rezoning from RA to RG-20jA property located between Pershing Street and
Roosevelt Boulevard, on the west side of Foch Street (Walker) (Z 78-14)
Recommended by Planning Commission July 17, 1978, with a 5:1 vote.
Jim Saul, Planner, said the zone change request involved an 8,032
square-foot lot. The applicant's request for conversion from RA to
RG-SR would have theoretically allowed eight units. However, in
consideration of the configuration and small size of the site, the
Planning Commission recommended the zone change from RA to RG-20jA.
He said the minutes of the Planning Commission show extensive discus-
sion as to the desirability of imposing the density, but felt that to
e be most appropriate. The Planning Commission did limit the development
to three units as opposed to one under the existing zoning.
In response to a question from Ms. Smith regarding the 3.68 units per
acre allowed under the recommended rezoning, Mr. Saul explained the
problems in calculating density in an RG District. He said the
density calculation is based on bedroom count and varies on the basis
of lot coverage. Thus, the unit count can vary. He noted the appli-
cant had wanted to build six units on the property.
No ex parte contacts or conflicts of interest were noted by
Councilors.
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Staff notes and minutes were entered into the record.
Public hearing was opened.
Don Walker, 2161 Birchwood Avenue, applicant, requested that Council
grant him a variance to allow him to build four units rather than
the three as designated, as it would be more economically feasible.
He questioned how he was to build 3.68 units, and felt that percentage
should be rounded off to allow four units. He also questioned the City
reducing his number of units, while RG zoning across the street from
his property would allow more units. .
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Mr. Saul said the Planning Commission had extensive discussion on
the density issue and was a prime area of concern. He noted the
Bethel-Danebo Refinement Plan recently adopted did indicate that e
maximum density should be the medium-density designation in that area,
that is 20 units per acre. The Planning Commission also noted this
was a small parcel which would make it more difficult to develop. He
said City Council did not have the discretion to consider a variance.
It could either accept the Planning Commission's recommendation,
modify that recommendation to allow four units, or reject the rezoning
request. However, he noted the latter two actions would require a
joint Planning Commission/Council meeting.
Mr. Obie wondered whether three or four units would be more suitable
and appropriate for the neighborhood. Mr. Saul said his answer would
be somewhat speculative. However, he noted the following items to
consider: It is a small parcel, and any increase in units would
increase other development such as number of parking spaces; because
of the narrow portion of property at the rear and height limitation, it
is limited to a one-story building. Adjacent to the parcel are low-
density residences. He said all would be elements of concern about .
how the property would be developed.
There being no rebuttal offered, the pUblic hearing was closed.
In response to a question from Mr. Haws, Mr. Saul said there is RG
zoning existing to the east of Foch which was established in the early
1960's. The only recent RG rezoning is on property to the south, which
was allowed prior to the adoption of the Bethel-Danebo Refinement Plan. e
C.B. 1757--Authorizing rezoning from RA to RG-20/A property located between
Pershing Street and Roosevelt Boulevard, on the west side of Foch
Street was read by number and title only, there being no Councilor
present requesting it be read in full.
Mr. Hamel moved, seconded by Mr. Delay, that findings supporting
the rezoning as set forth in Planning Commission staff notes and
minutes of July 17, 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.
Mr. Haws said he would vote against the motion because he felt this
was an area that the staff and Planning Commission had studieo to some
extent and an area that could go downhill very easily. He thought the
staff had made the right recommendation that it should be left as
originally zoned. He did not feel there should be another unit placed
in that area.
Mr. Delay, in response to Mr. Haws, said it was obvious the City
Council had to enforce the Code. He questioned Mr. Haws how he could
resolve the density question where in the Bethel-Danebo Refinement
Plan had called for medium density in this area. Mr. Haws responded
he had looked at the area personally and he did not see how that e
number of units could be placed on this parcel.
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Vote was taken on the motion which carried with Hamel, Obie,
Smith, and Lieuallen voting aye; Haws and Delay voting no.
e Lacking unanimous consent, the council bill will be held for
second reading, September 25, 1978.
B. Public Works Bid Awards (attached)
Don Allen, Public Works Director, recommended City Council award
as indicated to low bidders.
Mr. Obie questioned whether on Job No. 1155 the high bidder had
not been a contractor with which the City had difficulty on a
Bertelsen Road project. Mr. Allen said that was true. However, he
noted this was an entirely different job, a storm sewer rather than a
paving job as had been on Bertelsen. Staff felt this to be the best
contractor to do the job. Also he noted it was necessary for the
contractor to proceed as soon as possible in order to have the storm
sewer ready to protect the area from flooding this winter.
Mr. Haws wondered if Council could award the bid to the next highest
bidder. Mr. Allen said a disqualification process would have to be
followed with new bids requested. He suggested that perhaps these
three contractors were the only suitable ones in the city to do the
job and the same contractors would submit bids. He noted the bid was
within the estimation and it was a firm bid. If a rebidding process
were followed, Mr. Allen said it would delay the project long enough
that the storm sewer would not be available this winter.
e Mr. Hamel moved, seconded by Mr. Delay, to award contracts to
low bidders as recommended by staff. Motion carried unanimously.
II. ORDINANCES FOR SECOND READING--None.
III. ORDINANCES FOR FIRST READING
C.B. 1758--Levying assessments for paving, storm sewer and sidewalk on
Gilham Road from Beltline Road to Crescent Avenue was read by
number and title only, there being no Councilor present request-
ing it be read in full.
Mr. Hamel moved, seconded by Mr. Delay, that the bill be read
the first time and be referred to Hearings Panel for hearing
September 18, 1978, with Panel recommendation brought back for
Council consideration September 20, 1978. Motion carried
unanimously.
C.B. 1759--Levying assessments for sanitary sewer on Oxbow Way and the
westerly extension thereof from Sunshine Acres Road to 400
feet east was read by number and title only, there being no
Councilor present requesting it be read in full.
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Mr. Hamel moved, seconded by Mr. Delay, that the bill be read
the first time and be referred to Hearings Panel for hearing
September 18, 1978, with Panel recommendation brought back for e
Council consideration September 20, 1978. Motion carried
unanimously.
C.B. 1760--Levying assessments for sanitary sewer on Bertelsen Road to
18th Avenue to 400 feet south (P. Michaels Subdivision) was
read by number and title only, there being no Councilor present
requesting it be read in full.
Mr. Hamel moved, seconded by Mr. Delay, that the bill be read
the first time and be referred to Hearings Panel for hearing
September 18, 1978, with Panel recommendation brought back for
Council consideration September 20, 1978. Motion carried
unanimously.
C.B. 1761--Levying assessments for paving and sidewalk on Sunshine Acres
Road from Harlow Road to 150 feet south of Westward Ho was read
by number and title only, there being no Councilor present
requesting it be read in full.
Mr. Hamel moved, seconded by Mr. Delay, that the bill be read
the first time and be referred to Hearings Panel for hearing
September 18, 1978, with Panel recommendation brought back for
Council consideration September 20, 1978. Motion carried
unanimously.
.C.B. 1762--Levying assessments for paving, sanitary sewer and storm sewer e
within W.C. Fields Subdivision and sanitary sewer from south
boundary of W.C. Fields Subdivision to the southeast 650 feet
was read by number and title only, there being no Councilor
present requesting it be read in full.
Mr. Hamel moved, seconded by Mr. Delay, that the bill be read
the first time and be referred to Hearings Panel for hearing
September 18, 1978, with Panel recommendation brought back
for Council consideration September 20, 1978. Motion carried
unanimously.
C.B. 1763--Calling public hearing October 25, 1978, re: Alley vacation
located between East 14th Avenue and East 15th Avenue, and
from Oak Street west 160 feet to a north-south alley (A'
Art Enterprises) was read by number and title only, there being
no Councilor present requesting it be read in full.
Mr. Hamel moved, seconded by Mr. Delay 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
th i s time. Motion carried unanimously, and the bill was read
the second by council bill number only.
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Mr. Hamel moved, seconded by Mr. Delay, that the bill be approved
and given final passage. Rollcall vote. All Councilors present
e voting aye, the bill was declared passed and numbered 18265.
C.B. 1764--Calling public hearing October 25, 1978, re: Public utility
easement vacation located east of City View Street, north
of Corinthian Court was ready by number and title only, there
being no Councilor present requesting it be read in full.
Mr. Hamel moved, seconded by Mr. Delay, 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 be council bill number only.
Mr. Hamel moved, seconded by Mr. Delay, that the bill be approved
and given final passage. Rollcall vote. All Councilors present
voting aye, the bill was declared passed and numbered 18266.
IV. RESOLUTIONS
Res. No. 2998--Authorizing payment of bills, claims and progress payments
for period August 28 through September 11, 1978, was read
by number and title.
Mr. Hamel moved, seconded by Mr. Delay, to adopt the resolution.
Rollcall vote. Motion carried unanimously.
e Res. No. 2999--Authorizing initiating process for paving on 13th Avenue
from 320 feet west of Interior Street to 380 feet west of
Interior Street was read by number and title.
Mr. Hamel moved, seconded by Mr. Delay, to adopt the resolution.
Motion carried unanimously.
Res. No. 3000--Authorizing initiating process for street paving, sanitary
sewer, and storm sewer construction within and adjacent to
Canyon View Estates Subdivision was read by number and title.
Mr. Hamel moved, seconded by Mr. Delay, to adopt the resolution.
Motion carried unanimously.
V. CETA PROCESS AND ETAC RECOMMENDATIONS--Materials distributed.
Manager said the materials distributed and discussion of the item were
in response to the Council's interest in the CETA process being conducted
presently by the Lane County Commissioners. A priority list as recommended
by the ETAC Committee was distributed to the Councilors. County Commis-
sioners are now involved in individual re-prioritization of the ETAC recom-
mended priority list. He noted staff's recommendations as presented
in the memorandum included a statement of concern by the City Council
that the adopted process and procedure be adhered to. Further, that if
the Commissioner's conclude in their deliberations over the recommended
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priority list, that procedural or judgemental errors were made by ETAC,
two processes would assure a fair result. The first would be for the
applicant agencies to file an appeal with ETAC and the Commissioners to --
re-examine their initial decision. An alternative process that should
assure the same standard of fair play would be to defer specific allocation
concerns back to ETAC for comment, or conduct a joint discussion with ETAC
while adopting the balance of the recommended project list to ensure timely
program implementation. Manager noted two actions were requested by Council
this evening: One to approve the staff's recommendation in letter form to
the Lane County Commissioner's, and two, to approve the Mayor's recommen-
ded appointments for the ETAC Committee.
Ms. Smith endorsed the letter as presented by staff. She said ETAC had met
today at noon, and also were going to indicate support for the orginal
priority list with the opportunity for discussion if there are any changes.
Mr. Haws had received a call today indicating perhaps certain arts groups
had not been properly funded. He wondered if the arts groups were getting
their fair share. Gary Long, Personnel Director, said that by federal
regulations, non-profit organizations should receive 30 percent of the
total funds. He noted the arts groups are receiving approximately 41 per-
cent. Ms. Smith noted for Mr. Haws, also, that last year there were $12
million to be distributed from CETA funds as compared to $4 to $5 million
this year. The arts group did receive a sizable sum last year and it
seems they are being recommended to receive a good share again this year.
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Mr. Delay wondered, regarding the scoring system, whether each individual
project's scores were normalized or if raw scores were used. Mr. Long -
said raw scores were given a rated average as indicated on the list.
There was some concern expressed in that some committee members might tend
to score low or high depending on how they favored individual projects.
He hoped in next year's process there would be a normalization process
used. He indicated the Commissioners may even use it this year. He said
if there were some abuse by the Comittee members, that could be dealt with
through the grievance process. He also noted it was in the arts area that
those concerns had been raised.
In answering a question from Councilor Delay, Mr. Long said each project
had a score sheet which indicated various things such as location and
meaningfulness of employment. Those scores were totalled in each category
and a rated average was developed. From each category that was evaluted,
the highest scores were kept until the full list was developed. Ms. Smith
noted the CETA staff will be eliminating the highest and lowest scores to
see what differences that might make in the priority listing.
Mr. Lieuallen requested clarification regarding priority list number 166
in which Mr. Long had indicated a problem existed. Mr. Long said under
the City's agreement with Lane County, the City may raise questions about
any project. He said in going through that applicatioD, the City could
not determine the location nor what kind of employment would occur, nor
whether or not it would be representing other projects that were vetoed.
He said it was also difficult to determine if this were a continuation of
an existing project, which would be in violation of federal regulations.
Therefore, he had written a memo indicating those concerns. e
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Mr. Hamel moved, seconded by Mr. Delay, to approve the CETA
e process report and recommendations as set forth in the staff
letter to the Lane County Commissioners. Motion carried with all
Councilors present voting aye, except Mr. Obie voting no.
Mr. Obie voted against the motion because he doubted the City, as a govern-
mental body, and the Council as individuals, should be involved in the CETA
program. He felt it to be philosophically wrong. He would rather see a
letter sent to Lane County and Washington, D.C., saying the City would with-
draw from the program entirely.
Mayor Keller directed Council's attention to his recommended appointments
for the ETAC, and requested Council's approval. Those being recommended
to the Lane County Commissioners for appointment to the Employment Training
Advisory Committee were: Betty Smith, Councilor; Liz Heath, Non-Profit;
Jonathan West, Education; Irv Fletcher, La~or; Ray McIver, Business;
Gerorge Russell, Minorities; and Rosemary Batori, Women.
Mr. Obie asked how long the terms of office would be. Ms. Smith replied
that was undertermined as the bylaws had not been established. She
assumed it would be for a year, with a review at that time. She noted the
City has the right and responsibility to recommend appointment of seven of
the 21-member committee. The recommendations would be approved by the Lane
County Commissioners. She said it was hoped these seven members would be
advisory to the City involvement in the CETA program.
Mr. Obie favored formulating the committee in ordinance form to allow all
e interested groups to be represented. Also, the length of term and appoint-
ment process could be established. Mr. Delay shared Mr. Obie's concerns
and noted he would like to review the appointments. It was his understand-
ing the appointment would be for the coming process year.
Mr. Long noted for Council the City program-agent relationship with Lane
County is under review. If the City reaches 100,000 population, it can
become a prime sponsor. At that time, the question of whether or not
there should be an advisory committee could be reviewed. He felt this
present committee may function from 12 to 18 months.
Mr. Hamel moved, seconded by Mr. Delay, to approve the recommended
appointments to the Employment Training Advisory Committee.
Mr. Lieuallen moved,' seconded by Mr. Delay, to amend the motion
to make the appointments for one year and then conduct a review.
Mr. Hamel, with concurrence of the second, agreed to include the
amendment in the main motion.
Mayor Keller expressed understanding of Mr. Obie's frustration, but reminded
Council that it is involved in many such processes. He recognized the num-
ber of dollars at stake and the great number of requests for funding. He
appreciated the Council allowing the public to be allowed to participate
in the process. He noted the limited amount of Council IS time, and felt
e it appropriate that the Council rely heavily on the recommendations of
other members' time which has been put into the project.
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Vote was taken on the motion which carried with all Councilors
voting aye, except Mr. Obie voting no. e
VI. APPROVAL OF MINUTES
Mr. Hamel moved, seconded by Mr. Delay, to approve Council
minutes of August 28, and September 6, 1978. Rollcall vote.
Motion carried unanimously.
Manager made the following meeting announcements:
Legislative Subcommittee Meeting, Wednesday, September 13, 11:30 a.m.,
Mayor1s office, to consider ballot measures 6 and 11.
Tree Farm tour at Weyerhaeuser, Wednesday, September 13,with van leaving
City Hall at 1:00 p.m.
Council work session, Friday, September 15, Rodeway Inn, with van leaving
City Hall at 8:30 a.m.
City Council meeting Wednesday, September 20, 11:30 a.m., King's Table,
Oak way Mall.
Public Hearings scheduled for September 25: Cable TV Franchise and
herbicide spray issue.
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Upon motion duly made, seconded, and passed, the meeting was adjourned to
September 20, 1978.
~enJ~
City Manager
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DEPARTMENT OF PUBLIC WORKS
e Engineering Division
Bid No. 13
Opened: September 6, 1978
l. SANITARY SEi~ER in lJoVJnJont Street from Highland
Oaks Drive to 400 feet southwest of Highland
Oaks Drive. (Job No. 1643)
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13idders: Contract Cost
AWARD l. Morse Bros. Contractors, Inc.-------------$ 8,610.00
2. H & J Construction------------------------$ 11,855.00
3. Eugene Sand & Gravel, Inc.----------------$ 11,967.50
4. Shur-Way Contractors, Inc.----------------$ 12,593.05
Cost to AbutJ:i n9_Propert.Y-. Cost to City ~mount Budgeted
Sdn. La tera 1 $ O. 17 j Sq . Ft. None None
San.Service $ 180.00jEach
COfviPLETION DATE: October 13, 1978
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e 2. SANITARY SEWER to serve Tax Lots
18-03-17-10-4801 and 4805 adjacent to
East 43rd Avenue. (job No. 1589)
Contract Cost .
Bidders:
AWARD 1. Shur-Way Contractors, Jnc.----------------$ 4,175.00
2. H & J Construction------------------------$ 4,285.00
" Eugene Sand & Gravel, Inc.----------------$ 6,110.05
.).
Cost to Abutting Property Cost to City Amount Budgeted
San. Lateral ~ o. 1 7/ Sq . Ft. None None
San.Service $ 38.00jEach
COrvlPLETION DATE: October 6, 1978
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3. PAVING Best Lane from lone Avenue to e
1300 feet north. (Job No. 1494)
Contract Cost
Bi dders: Basic Alternate
AWARD l. Eugene Sand & Gravel, lnc.-------------$ 53,365.40 0
2. Wildish Construction Co.---------------$ 55,753.30 0 "
Cost to Abutting Property Cost to City Amount Budgeted
28' Paving $ 25.30/FF $ 2,000.00 $ 1,000.00
361 Paving $ 29.80/FF
San. La tera 1 $ 0.18/SF
San.Service $275.00/Each
C0l4PLETION DATE: November 1, 1978
-----------------------------------------------------------------------------------------------------.
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Bid No. 14
Opened: September 6,_8
1. STORM SEWER between Echo Hollow and #
Ellsworth Streets from the Marshall
Ditch to Royal Avenue. (Job No. 1155)
Bidders: Contract Cost
AWARD l. H & J Construction----------------------$ 68,036.00
2. Shur-Way Contractors, lnc.--------------$ 76,550.00
3. Eugene Sand & Gravel, lnc.--------------$ 84,484.80
Cost to Abutting Property Cost to City Amount l3udyeted
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Deferred Assessment $33,700.00 $ 45,850.00 $ 45,200.00
Cor~PLETION DATE: January 1, 1979
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