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HomeMy WebLinkAbout09/25/1978 Meeting . M I NUT E S - EUGENE CITY COUNCIL September 25, 1978 Adjourned meeting from September 20, 1978, 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., in the Council Chamber, September 25, 1978, with the following Councilors present: D.W. Hamel, Ray Bradley, Tom Williams, Eric Haws, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. I. PRESENTATION TO CITY OF EUGENE John McDonald, Manager, Eugene District Office, Automobile Club of Oregon, presented to Mayor Keller, on behalf of the City of Eugene, the Pedestrian Safety Award of Merit for 1977, the only such award made in Oregon this year. He said the award was granted to states and cities who demonstrated achievement in pedestrian safety. The award is judged on various categories such as traffic engineering, safety organization, school traffic, safety programs, and public education programs. This is the 39th annual safety contest with 2,600 cities in 29 states participa- ting. Presentation of such awards focuses attention nation-wide on . pedestrian safety needs and attempts to stimulate local interest in pedestrian safety. He thanked the City of Eugene for its interest and e cooperation in its pedestrian safety program. II. PUBLIC HEARINGS A. Rezoning from County AGT and RA to City RA property, located east of Arcadia Street, north of Harlow Road (Babcock) (A/Z 78-6) Unanimously recommended by Planning Commission August 7, 1978. Jim Saul, Planner, said the property involved in the request (owned by Dr. Schroeder) was annexed to the City as part of the Babcock annexation. Council acted on the recommendation for annexation July 10, followed by Boundary Commission approval of the annexation September 7, 1978. Because of legal notice requirements, the rezoning of the Schroeder property was deferred to this time. Recommended RA zoning is similar to that applied in the city to properties south and southwest of the site and was requested by owner, who wishes to maintain animals on the property. Jim Bernhard, Planning Commission, was available to answer questions. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered as part of the record. Public hearing was held with no testimony presented. e 9/25/78--1 ~3~ ---- J C.B. 1767--Rezoning from County AGTand RA to City RA property located east of Arcadia Street, north of Harlow Road, was read by num- ber and title only, there being no Councilor present reques- - ting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of August 7, 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 and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Rollcall vote. All Councilors present voting aye, the bill was declared passed and numbered 18274. Minor Partition Appeal of Planning Director1s Actions 1. Property located south side of East 17th Avenue, west of Central Boulevard (Goldstein) (M 78-96) Manager said the Planning Director denied the request for the minor partition, subsequently appealed to the Planning Commission, which unanimously denied the appeal August 21, 1978. Mr. Saul said the property contains 25,500 square feet and at the present time has a single-family residence with a second structure that has been e used as a rental property. The proposed minor partition involves creation of three lots, including two panhandle lots. After review of the application, the Planning Director denied the application on the following bases: 1) Based on the dimensions submitted, the proposed minor partition violated the density limitations of the South Hi 11 s Study; 2 ) Creation of three lots with development site areas smaller than the zoning laws would be out of character with the surrounding neighborhoods; and 3) Creation of two additional lots would result in excessive impact on the land. The applicant appealed the Planning Director's decision to the Planning Commission, who heard the issue August 21. The applicant pointed out at that time the map was in error and there was additional property, thus disallowing the density issue, and his request would then comply with the density standards of the South Hills Study. However, the Planning Commission determined that the two remaining points were valid and upheld the denial. Howie Bonnett, 1835 East 28th, expressed opposition to the minor partition by letter, with a copy distributed to Council. Mr. Saul said the Planning Department did indicate a two-lot applica- tion would be acceptable. Mr. Bernhard was available to answer questions. . - 9/25/78--2 <:'35 ----- No ex parte contacts or conflicts of interest were declared by - Concil ors. Staff notes and minutes were entered as part of the record. Public hearing was opened. Mayor Keller requested testimony from the applicant or his designees, but no one was present to testify on behalf of Mr. Goldstein. Beth Campbell, Neighborhood Liaison, said she had had phone calls on the subject, one from the neighborhood group and one from Mr. Goldstein. She wondered if they had been properly notified, as she felt they were intending to be present. Mr. Saul said that notice of the public hearing had been sent to Mr. Goldstein September 7. Those speaking against granting the minor partition were as follows: Joseph Fiszman, 2700 Central Boulevard; Rachel Fiszman, 2700 Central Boulevard; Joan Nibley, 2720 Central Boulevard, and Edward Rubey, 2730 Laurelwood Lane. Generally, the neighbors' concerns were as follows: 1- The proposal would destroy several significant and beautiful trees presently on the property. 2. The steepness of 27th Avenue does not allow good vision for vehicles exiting from the proposed panhandle drive. - 3. The proposed development would lessen the desirability of the neighborhood. 4. The sewage system in the area has caused problems, due to inade-. quacy of the system. Mayor Keller again requested the testimony from Mr. Goldstein or his designees to comment or rebut, but no one was in attendance. Public hearing was closed, there being no further testimony pre- sented. Mr. Hamel moved, seconded by Mr. Bradley, to deny the appeal and incorporate the Planning Commission findings. Motion carried unanimously. 2. Property located west of Chambers Street on the south side of Graham Drive (Montgomery) (M 78-81) APPLICANT WITHDREW APPLICATION FOR PANHANDLE LOT AND ITEM WAS DROPPED FROM AGENDA. c. Liquor License Requests for New Outlets - 9/25178--3 43' 1. Grocery Cart #12, 2870 Willamette Street (PS); applicant: Bill McCabe Manager said all papers were in order and staff recommended approval, e subject to building permits and certification of occupancy, and final inspection by the Fire Department. Public hearing was held with no testimony presented. Mr. Hamel moved, seconded by Mr. Bradley, to'forward to OLCC recommendation for approval, subject to conditions. Motion carried unanimously. 2. Pocketdeli Delicatessen, 2445 Hilyard (PS); applicants: Patricia Pearce and Alfred Cabral Manager said all papers were in order and staff recommended approval. Public hearing was opened. Patricia Pearce, 880 Sprague, applicant, noted she had been in busi- ness for three years and it was felt this liquor license would enhance her business. Public hearing was closed, there being no further testimony presented. Mr. Hamel moved, seconded by Mr. Bradley, to forward to OLCC e recommendation for approval. Motion carried unanimously. 3. Emerald Lanes, 40 Oakway Road (RMB); applicant: James Hornsby Manager said all papers were in order, and staff recommended approval, subject to issuance of permits and final inspection if there is to be any addition or remodel associated with this request (applicant indicates no such plans at this time). Public hearing was held with no testimony presented. Mr. Hamel moved, seconded by Mr. Bradley, to recommend approval, subject to conditions. Motion carried unanimously. Councilors Williams and Haws left the meeting. D. Herbicide Spray Issue--Materials'Distributed. Manager said the issue came for Council IS consideration at request from Councilor Lieuallen. On August 2, the Council unanimously adopted a motion supporting the Oregon Environmental Council rules, which he reviewed. He noted Council had received considerable materials on the matter. The City Attorney's office has advised regarding Council's authority to act on this matter as follows: - 9/25/78--4 ~31 The Council could ask EWEB to provide reports on the presence or absence of traces of 2,4,5-T and TCDD in the city water supply; e Council could adopt a resolution urging the appropriate Federal agencies to prohibit the use of herbicides; Council could ask the State to refrain from using herbicides in its own activities. However, Council could not adopt an ordinance banning the transport or storage of TCDD, as that would be in violation of the commerce clause of the United States Constitution. Public hearing was opened. Those speaking in favor of control of the use of herbicides were as follows: Wilbur P. McNulty, Ph.D.,7835 Southwest 136th Avenue, Beaverton, head of the Pathology Lab at Oregon Primate Research Center. He sa i d fo r the last 'three to four years he had been studying the toxic effects of a family of chemicals which included dioxin. He noted the EPA is now in a hearings process regarding whether or not dioxin should be used. His preliminary findings based on Rhesus monkeys and the effects of TCDD, have brought out the following conclusions: Dioxin does cause miscarriages if there is exposure early, malformations are caused at level of dosage far lower than found before in rats and mice. He fel t the level of sensitivity were sufficiently low and that there is credibility indicating the risk in the use of herbicides, particularly on pregnant women. e George Streisinger, Ph.D.,32591 Fox Hollow Road, said TCDD is one of the most poisonous substances known to human beings. He sai d there is a risk regarding the level of exposure in forests and fields that are sprayed, and dioxins do find their way into the food chain. He cited supporting evidence, including an EPA study which showed the fat of beef cattle grazing on lands which had been sprayed with the herbicide contained a fraction of TCDD. In another instance, animals from the Siuslaw National Forest were found to have TCDD in them. He said it is clear that the ordinary use of TCDD is getting in the environment and in the food chain. He felt it was necessary to have a margin of safety in regard to the hazard of the herbicide to human beings. He had calculated the levels of hazards would be reached by human beings after eating a resonable number of meals of animals in areas where the spray had been used. He felt the continued use of dioxins did pose a hazard to human beings and urged Council to take a position in opposition to its use. Jim Stratton, Survival Center, University of Oregon, urged the Council to support suspension of the use of the herbicide until the EPA completes its review of the substances. He said herbicides had been detected in the water supply. He noted the buffer zones do not always eliminate the risk, as shown in the recent incidents in Coos Bay, where the herbicide was found in the water runoff. He said contamina- tion of stream systems still does occur. He further felt the State and Federal governmental agencies cannot be depended upon to protect e 9/25/78--5 "38 the water supply, and felt the Council had a responsibility to protect the local water supply. e Greg Prull, PO Box 66, Eugene, said he had been a tree planter and had previously worked with the Forest Service. He represented Groundwork, Inc. He read a statement into the record (copy on file) which indicates that overwhelming evidence suggests that herbicide use is a technique that is being widely used in an attempt to adjust problems for which the use of herbicides is not intended. In fact, his group found evidence that spraying herbicides may actually impair fi r tree growth. He cited potential problems from the use of herbi- cides, and said Groundwork felt large-scale studies on the aspects of herbicides deserved a high priority. They suggested alternative release tools are available and should be investigated more thoroughly. Also indicated in the statement was the inadequate documentation of the benefits from herbicide use and recommendations that the Eugene City Council take a firm stand on the use of herbicides. Marla Gillaham; 1765 West 17th, represented a group called Northwest Coalition for Alternatives to Herbicides. She noted 2,4,5-T is available retail stores in Eugene, although banned by the EPA. She felt the City has the right and responsibility to enforce the law in Eugene. Regarding health hazards to individuals, she said there is substantial documentation that is being corroborated. Through increased public pressure for industry to use manual releasing of shrubs, she felt the costs of such an alternative would come down. She al so noted the economic boost to an area in providing these jobs for some unem- pl oyed. She felt manual brushing was extremely selective, and noted e it was possible to brush right to the streambed with less damage, making it more efficient and increasing forest productivity. She reiterated she felt Council had the right and responsibility to provide economic benefits to the people of the area and to protect the watersheds of Eugene. Janet Gillaspie, 396 Oakmont, representing the Oregon Environmental Council, expressed appreciation of the Council supporting OEC's petition. She noted a State Board of Forestry hearing in Salem on Wednesday this week. She reviewed some documentation in an EPA report, in which 2,4,5-T is carcinogenic in laboratory animals, does cause birth defects and serious health hazards. She felt the Council should take action to protect the health and welfare of its constitu- ency. Two actions by Council were requested: 1) To join with the OEC to petition the U.S. Forest Service to enact the same public notice as before; and 2) To make the Council.s feelings known to the U.S. Forest Service that they should update their reports on the use of herbicides. Those speaking in favor of the continued use of herbicide sprays were as follows: Jack Walstead, Ph.D., 530 Empress, Forest Ecologist with Weyerhauser, said his primary responsibility was to make sure the forest prac- tices do not jeopardize the health of the people or the forest. He e 9/25/78--6 lo~'1 reviewed procedures used by his company: Only registered herbicides are used, applicators are trained and licensed to use materials e properly, care is exercised in applying herbicides with consideration of weather conditions and proper equipment. His company tries to follow the laws, regulations, and common sense in using herbicides. Further, Weyerhauser tries to base its position on scientific facts. He noted there were very detailed documentation and reviews regarding the use of herbicides. In particular, he referred to a publication called "Phenoxin Herbicides," published August, 1978, and prepared by 16 doctors across the United States. He quoted the summary which said the herbicide is toxic to green plants, but not to animals or microorganisms. It does not show up in food chains. The amount of TCDD is not enough to endanger the health of human beings. Many such documents on 2,4,5-T endorse its use, if it is used properly. He noted its use was under vast scientific scrutiny. Weyerhauser has used it for 27 years and has received no complaints in this area. He referred to the EPA RPAR review of the use of the herbicides, and said Weyerhauser supports that review for safety. He felt the State Board of Forestry was highly responsible and the proper group for hearing this type of issue. Ed Baker, 5290 Donald Street, forester from Weyerhauser, said his company had 282,000 acres in which they practice intensive forest management. The herbicide has been used for 27 years for survival of the trees, and increased yield of forest products. The City Council recently toured the tree farm to view areas which had been sprayed with 2,4,5-T and those which had been hand-slashed with e powe r saws. He noted there was some brush the herbicide does not affect. It would cost Weyerhauser $16.36 per acre for herbicide spraying, as opposed to $111.00 per acre for hand treatment. The manual clearing was not as effective and requires more control. He said Weyerhauser had looked at alternative methods, but it could not economically support hand clearing. The use of herbicides by his com- pany is very sel ective. Licensed appliers are used, with notification to adjacent land owners. He said the effect of the OEC rules would eliminate the use of herbicides on 40 percent of Weyerhauser's grounds, and would be a significant detriment to his company and practices to support the OEC1s petition. Regarding the reference to the Coos Bay incident, he said evidence has since surfaced in which it was admitted the herbicide was sprayed against the rules of practice, which would allow-for the contamination. Public hearing was closed, there being no further testimony presented. Mr. Lieuallen requested Dr. Streisinger comment on the assertion that there are scientific reports that support the use of the herbi- cide. Dr. Streisinger said he had seen no scientific reports that say there are no health hazards. In fact, he said there were a large number of studies regarding animals that were unanimous in showing TCDD is hazardous to humans. He referred to the Federal Register, Volume 43, in which 2,4,5-T has been found to exceed certain risk e 9/25/78--7 to "'0 -.-- criteria. Mr. Walstead said that document is a rebuttal presenta- tion against registration, which gives the scientific community e a chance to rebut the statements in it. He cited for Council a list of scientific documents which support his stance. Mr. Lieuallen noted the dispute over the RPAR process. EPA is giving industry an opportunity to rebut the assertion that TCDD does exceed the risk factor. He felt there was very clear and strong evidence it does exceed that risk criteria, and the EPA is going through the process to see whether or not that is true. If industry is not able to rebut the presumption, then the herbicide will not be reregi stered. Mrs. Smith said it is obvious there are mixed reports and very incom- plete evidence on this issue. She was concerned about the health hazards to Eugene's citizens, but hoped Council would consider suppor- ting a review process through substantial well-organized organizations. Mr. Obie wondered when the EPA RPAR findings were going to be available. Mr. Walstead said in the spring of 1979. Manager noted the RPAR process could be quite lengthy: The EPA formally notifies that there is a risk hazard, 45 days are allowed for users to rebut the risk, with EPA making a determination as to the risk criteria 180 days from the date of the notice. The appeal route could take several years. Mr. Lieuallen felt it important to address health issues, and inform the public that the herbicide is on sale and being used in Eugene. He noted the amount of debate centered around the levels and whether or e not there is a safe level, with Dr. McNulty's study suggesting it is dangerous in parts per trillion. He said the industry is not able to eliminate its use and cannot make assurances that they can keep the herbicide out of the water supply or exposure to human beings in sprayed areas. Mr.'Lieuallen moved, seconded by Mr. Delay, that the Council communicate to State and Federal agencies its opposition to continued use of TCDD containing herbicides as a tool for land management. Mr. Lieuallen, with consent of Mr. Delay, withdrew the motion. Mr. Lieuallen felt Council should first deal with the matter locally. Mr. Lieuallen moved, seconded by Mr. Hamel, to direct staff to develop with EWEB staff and other appropriate technical persons a study of the need for and feasibility of a program to monitor our water supply for the presence of TCDD and chemicals known to contain TCDD. Motion carried unanimously. Staff would report to Council what would be involved in such a study, and Council would then follow up, based on the information provided. . 9/20/78--8 (, Iff . Mr. Lieuallen moved, seconded by Mr. Delay, to communicate to State and Federal agencies opposition to continued use of TCDD e containing herbicides as a tool for land management. Mr. Lieuallen said in his reading of literature, he feels there is a health hazard associated with use of the herbicide, in spite of industry's care. He felt it important to notify EPA about Council.s feelings, and that EPA should attempt to find a way to deal with the problems associated with the use of herbicides. Mr. Delay said it was obvious there are serious questions related to the issue, in that the EPA is going through the RPAR process, and research has raised questions about the substance. He felt Council must recognize the seriousness of the matter in adopting its previous motion on local water supply. He felt when there are serious and legitimate concerns about toxic substances in the water supply, it would be prudent for Council to take a cautious stance. - Mr. Obie suggested modifyi ng the motion to el iminate "opposition" and insert "grave concern," and ask EPA to expedite the completion of the RPAR process. He wondered if Mr. Lieuallen could support that change. Ms. Smith concurred with Mr. Obie. Mr. Lieuallen was inclined to decline Mr. Obie.s offer. He fe 1 t his motion would communicate the concern of the citizens of Eugene, , and put pressure on the industries to consider manual alternatives. He wished Council to take a strong stand, noting the slowness of e bureaucracy and felt the strong position from Council would put additional pressure. Mayor Keller indicated he would have a problem supporting "opposition." He noted the amount of material received and presented to Council, and the recent tour of Weyerhauser Tree Farm, which demonstrated the use of herbicides versus manual clearing. He felt he was not in a position to actually oppose anything. He was concerned that reference to the EPA RPAR process is an indication of guilt, when he felt it is simply a request for review. He also felt confident that EWEB was going to continue to provide a good water supply for our citizens. Also, he noted great respect for the forest industry and felt they could ill afford a huge lawsuit for negligence. > Mr. Obie appreciated the legitimate concerns on this subject. He felt there were scientists and experts who had opinions on both sides of the issue. He did not feel this was a political issue, but a scientific one. Mr. Obie moved, seconded by Mr. Hamel, to strike the word "opposi- tion" and insert "grave concern" and further, to request EPA to expedite the RPAR process on this issue. Mr. Lieuallen felt he could accept that compromise, as he would like to see consensus expressed by the Council. e 9/20/78--9 b....2. , ~ With consent of Mr. Obie and Mr. Hamel, the amendment was incor- porated in the main motion. Mr. Bradley supported the use of "strong opposition" as he would e rather err on the side of preventing loss of life, than for corpora- tions' pocketbooks. He preferred a stronger motion. Vote was taken on the motion, which carried unanimously. Mayor Keller then indicated he had received notification the Goldsteins were in attendance regarding their minor partition appeal and had requested to be heard, by Council. The Mayor indicated the Council did have minutes of the Planning Commission's meeting and written materials from staff. It was a Council decision to reopen the hearing. Manager noted since the first tentative agenda had been produced, it was neces- sary to postpone the Cable TV hearing and, thus, the agenda was reordered. Evidently, the Goldsteins were going on the basis of the old agenda and had come to the meeting late. Mayor Keller also noted that those who had testified earlier against the minor partition were not in attendance. Mr. Bradley moved to reconsider the issue, to schedule a public hearing as the first item on October 9. Motion died for lack of a second. Sally Weston, 2595 Highland Drive, representing Fairmount Neighbors, said she had received the old agenda and had indicated to the Goldsteins there were 90 minutes of public hearing prior to their item. She took responsibility e for their late appearance. Joyce Benjamin, City Attorney's office, said a motion to reconsider can be made only once. Councilor Obie disagreed. Mayor Keller supported staff's 1 egal opi nion. Mr. Obie moved, seconded by Mr. Delay, to challenge and overrule the chair. On further reflection, Ms. Benjamin said the question can be reconsidered only once. However, the motion to reconsider died for lack of a second. Another motion could be entertained for Council IS vote. Mayor Keller indicated the chair would accept a new motion. Mr. Obie moved, seconded by Ms. Smith, to reconsider the Goldstejn minor partition appeal, and hold a public hearing October 9. Motion carried with all Councilors present voting aye except Mr. Hamel voting no. III. ORDINANCES FOR SECOND READING The following council bill, read the_first time September 11, 1978, and lacking unanimous consent, was brought back for second and final reading: e 9/20/78--10 ~"i3 0 C.B. 1757--Rezoning from RA to RG-20/A property located between Pershing It Street and Roosevelt Boulevard, west side of Foch Street (Walker) (Z 78-14), was read by title and number only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Delay, that the bill be approved and given final passage. Rollcall vote. Motion carried with Obie, Smith, and Hamel voting aye; Lieuallen and Delay voting no; and Bradley abstaining; and the bill was declared passed and numbered 18275. IV. ORDINANCES FOR FIRST READING--None V. RESOLUTIONS Res. No. 2997--Authorizing payment of bills and claims for period September 11 through September 25, 1978, was read by number and ti tl e. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Mr. Obie requested information regarding the item "Dallas Rent A Car" for three vans. Staff will provide that information. Vote was taken on the motion, which carried unanimously. VI. APPROVAL OF MINUTES e Mr. Hamel moved, seconded by Mr. Bradley, to approve Council minutes September 11, 1978. Motion carried unanimously. Upon motion duly made, seconded, and passed, the meeting was adjourned to ~ 2J:h arles T. H nry Ci ty Manager CTH:pm/CM12b22 e 9/20/78--11 'If-'t