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HomeMy WebLinkAbout09/27/1978 Meeting . M I NUT E S e EUGENE CITY COUNCIL September 27, 1978 -,-- Adjourned meeting from September 25, 1978, of the City Council of the City of Eugene, Oregon, was called to order by His Honor, Mayor Gus Keller, September 27, 1978, at 11:30 a.m., at King's Table, Oakway Mall, with the following Councilors present: Bill Hamel, Eric Haws, Ray Bradley (arrived late), Jack Delay, and Scott Lieuallen. Councilors Tom Williams, Brian Obie, and Betty Smith were absent. I. ITEMS FROM MAYOR AND COUNCIL A. Agenda Process--Manager said routine items would be placed first on the agenda to process while Councilors were finishing their meal. B. Community Schools Advisory Committee--Resignation letter from Jerri Bird was received. Mayor requested Councilors notify him of names for appointment. C. 1979 Work Program Priority--Manager requested Councilors return their ballot sheets as soon as possible to the City Manager's Office. - D. Civic Center Commission--Agenda item on Commission's guidelines and procedures delayed to October 4 Wednesday meeting. Manager said the project working committee, a Council subcommittee, will be included in that discussion. E. Field Burning: Status Report Terry Smith 'reported approximately 145,000 acres have been burned during the season, and because of the extremely wet weather, it seemed unlikely the 180,000-maximum limit would be burned. To ta 1 slash burning this year will perhaps be down from last year's, because of the wet weather also. Field burning into-the-wind strip lighting has been little used. He said on days when strip lighting was required, there was very little compliance on the part of the farmers and very little enforcement by the DEQ. Regarding air quality impact, Mr. Smith said the news was very good. There had been the least amount of impact from field burning this season than in the past several years, and perhaps since field burning began. He said there were six and one-half hours of smoke intrusion this season, compared to an average of 43 hours during 1973-77. He felt the contributing factors were wet weather and rule changes; the most important rule change being the elimination of up-wind burning of the south priorities and Silverton Hills burning up-wind of Eugene and Springfield. He noted there were 22 hours of smoke intrusion from slash burning until last Friday, - with a considerable intrusion over the weekend. 9/27/78--1 ''15 , . Mr. Smith said statistics for severe smoke intrusions for August 2/3 in Eugene from severe slash burning resulted in total suspended particulate concentration for Eugene of 150 tit micrograms per cubic meter, with a fine suspended particulate concentration of 72 micrograms per cubic meter. This was a very high figure for fine particulates. He said, however, there was no National Air Quality standard violated for these high intrusions, which indicated a serious weakness of EPA containment standards. Regarding the DEQ monitoring program, it was still underway and would continue through the rest of the field-burning season However, he noted since Eugene had a good year as far as air quality intrusions, the reports may indicate burning has had little impact on Eugene and Springfield. Mr. Smith reviewed experimental burning programs which include peripheral firing and into-the-wind strip lighting, both of which hold promise for possible burning of more acreage without encountering substantial air quality impact. He noted there would be a EQC hearing November 17, in Eugene, regarding the rules for the 1979-80 burning season and setting an acreage limitation. In response to a question from Mr. Haws, Mr. Smith said the EPA standards are set nation-wide, with studies usually made in urban areas to examine small numbers of sources. He said those standards may not be applicable to all cities; however, the State can set more stringent standards. He noted he was proposing some health effect studies, and it may be possible those could be used to establish new standards for the area. He said EPA had indicated e fine particulate standards should be ready in two years. ' Mayor Keller wondered where the problems occurred with strip lighting and the lack of cooperation between governmental agencies and the farmers. Mr. Smith said a number of factors might be involved, including new techniques with which the farmers are not familiar; DEQ enforcement by airplane, in which it was difficult to know which fields were experimental; and farmers not being convinced that this was a reasonable method to use. He said the fields for experimental burn were mostly selected by volunteers and avail- ability. Mayor Keller indicated it appeared that as the City reviews the SIP, this is an issue that should be addressed. City Manager introduced Bob Elfers, City representative on field burning for the legislative session, and Vern Atkinson, Director of LRAPA. Mr. Atkinson said he had been following the program with a great deal of interest, and indicated there was a great deal of vague data. The data interpretation is extremely important, and he welcomed the City's participation in that. He noted the data could be intrinsically altered by meteorological conditions. He has been in contact with representatives in the Willamette Valley to solicit their participation and to make them aware this is a valley-wide problem. He noted the cities of Eugene, Springfield, and Albany have asked the legislature for control of the automobile emissions. He stressed the importance of more data and more statistics. tIP 9/27/78--2 ''1'(, Mayor Keller expressed pleasure that the City's efforts have indeed e shown improvement in the air quality, and felt the Council should take pride in having pursued a better environment for its people. F. Motorized Vehicles on Willamette River Mr. Delay moved, seconded by Mr. Haws, to officially request the State Marine Board to ~old hearings on the use of motorized vehicles on the Willamette River. Mr. Delay felt this would establish the forum to have some public input on the use of these resources in this manner. Vote was taken on the motion which carried unanimously. Mr. Delay said he had recently taken the e~cur~;~n ~n th~ ~;v~~, and basically did not feel it to be particularly disruptive. However, he noted th~t he w~s in no position to assess that. He felt perhaps it was a legitimate business. but felt also th~~~ a~~ le9itimate questions QS to whQt e~tent the habitat can support that activity, and to what extent the public want$ that activity. II. L-COG MEETING--9/27/78--CALLED BY LANE COUNTY COMMISSIONERS Materials distributed Manager noted the Council's receipt of materials. Manager said Council e should make a decision as to whether or not it wishes to be officially represented, whether a staff person should attend just to observe, and whether or not the City's official position as noted in a recent reso- lution should be stated. Staff's position is that the Council should not be debating such proposals at that meeting. Mr. Haws felt the Council should stay with its original plan, which was to have a staff observer in attendance. He felt the meeting was called by Lane County Commissioners, and not the L-COG Board, that the L-COG Board is willing to discuss problems, that the L-COG staff has not been asked to participate in the meeting, and other juriSdictions may be under the impression the City is not going to attend and to do so would cause loss of credibility. He continued, the L-COG Board and staff are willing to schedule a workshop to discuss any problems and solutions to those problems. He felt the meeting called by the Commissioners for tonight has another purpose and he did not feel the Council should go. Mr. Bradley arrived. Mr. Delay was concerned with the time required by Councilors to attend to City business, and said there was not enough time to go outside the normal channels to take on more work that is not necessarily justified. e 9/27/78--3 ,,., 7 G In response to a question from Mr. Lieuallen, Mr. Haws said he felt the problem centered around trying to make maximum use of tax dollars. He did not think this meeting would accomplish anything. He felt if there e were a problem, the positive way to solve that problem would be through the L-COG Board and staff participating. Mr. Bradley reiterated his concern of Council taking a hard-line position, and he felt it more important to facilitate cooperation and communication. Mr. Haws responded he, as Council's representative, will negotiate and compromise to work well with the other jurisdictions; however, he felt that point had been passed, and it was time for the City to take a firm, hard position. Mr. Bradley felt it appeared the Council was not being an impartial body, and he favored retaining impartiality by sending a Council representative. Mayor Keller had indicated he had intended to attend the meeting, but would not iif Council so instructed. Mr. Delay said he did not feel Council was taking any position for or against any specific proposal, noting Council had just recently reaffirmed its confidence in L-COG. However, he said going outside the arena and legitimate processes concerned him. Mr. Bradley moved to send Mayor Keller as the Council's repre- sentative to observe the L-COG meeting this evening. Motion died for lack of a second. It was consensus of Council a staff person would represent the City as an observer at the L-COG meeting. III. IMPROVEMENT PETITIONS Res. No. 3005--Authorizing initiating process for street paving and e sanitary sewer construction within Centennial Plaza Subdivision (1594) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. Res. No. 3006--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within Kerrick Sub- division and sanitary sewer within 160 feet of north boundary of Kerrick Subdivision (1601) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. Res. No. 3007--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within and adjacent to Maracott Manor and storm sewer construction from east plat boundary to 270 feet east (1585) was read by number and title. - 9/27/78--4 ~~8 . , Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- tit lution. Motion carried unanimously. Res. No. 3008--Authorizing initiating process for street paving on North Grand Street from Polk Court (extended) to Cheshire Street (extended) (1663) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. Res. No. 3009--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction wi thi n Al ene Terraces Subdivision and sanitary sewer construction to serve an area within 160 feet of the south boundary of Alene Terraces Subdivision (1617) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. Res. No. 3010--Authorizing initiating process for street paving and sanitary sewer construction within Hylton Park Subdivision; street paving and storm sewer construction in Myers Road adjacent to Hylton Park Subdivision (1572) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. tit Res. No. 3011--Authorizing initating process for storm sewer construction within Lot 1, Block 1, Valerie Park Subdivision (1625) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso~ lution. Motion carried unanimously. Res. No. 3012--Authorizng initiating process for sanitary sewer con- struction in 13th Avenue from Bertelsen Road to approxi- mately 700 feet east (1686) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. IV. FINANCE: AWARDING CONSTRUCTION WARRANTS Sherm Flogstand, Finance Director, said bids had been opened this morning and he recommended awarding the bid to First National Bank at the rate of 5.2 percent. He said last year's bids were 4.2 percent, but that the prime rate had been raised 2.25 percent since the last year, so he felt this to be a good bid. e 9/27178--5 '/.fCJ ~ , Res. No. 30l3--Awarding sale of limited General Obligation Improvements to First National Bank in the amount of $4~956,930 was read by number and title. e Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Roll call vote. Motion carried unanimously. V. EWEB TRANSACTION: REQUEST FOR EASEMENT VACATION (MAP ATTACHED) Res. No. 3014--Authoring easement reconveyance to Edward O'Reilly, located in Coburg Meadows (east of Coburg Road, south of Beltline) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the reso- lution. Motion carried unanimously. VI. APPROVAL OF MINUTES Mr. Hamel moved, seconded by Mr" Bradl ey, to approve Counci 1 minutes of September 20, 1978. Motion carried unanimously. VI!. PUBLIC HEARING: ALLEY VACATION, LOCATED BETWEEN OLIVE AND CHARNELTON STREETS AND WEST 23RD AND WEST 25TH AVENUES (LILJA)(AV 77-3) (MAP ATTACHED) Unanimously recommended by Planning Commission July 17, 1978. Jim Saul, Planner, said this was a dead-end alley with request for vacation between Tax Lots 5000 and 4500. The alley had never been improved to City standards. Access to Tax Lots 4500 and 5000 was through a private access arrangement. . He said the Planning Commission did recommend approving vacation of a segment of the alley and further recommended the staff should attempt to get public dedication to continue the alley along Tax Lot 4302 to 24th Place, West. Don Allen, Public Works Director, said staff intended to acquire public dedication at present being used by Tax Lots 4900, 5000, 4500, and 4401. He suggested Council give first reading to the council bill, but delay a second reading to allow staff an opportunity to conclude negotiations with property owners on Tax Lot 5000, and to obtain the public dedication for access to West 24th Plance. Mr. Allen explained the City would still retain the right of easement over the vacation. Public hearing was opened. Helen Lilja, 160 West 24th, was the petitioner. She was attempting to protect access to her garage. Public hearing was closed, there being no further testimony presented. C.B. 1768--Authorizing alley vacation located between Olive and Charnelton Streets, and West 23rd and West 25th Avenues, retaining a public utility easement was read by number and title only, there being no Councilor requesting it be read in full. e 9/27/78--6 J ~50 . Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read e the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried with all Councilors present voting aye, except Mr. Delay voting no. Lacking unanimous consent, the council bill will be held for second reading until October 9, 1978.. VIII. FIRE CODE AMENDMENT RE: HIGH-RISE STRUCTURE--MEMO AND ORDINANCE DISTRIBUTED Manager said the amendment relates to high-rise structures. Council had adopted a code amendment June 23, 1975, providing that owners of qualifying high-rise structures have automatic fire-extinguishing systems installed not later than five years from the effective date of that ordinance. The original intent was compliance by June 23, 1980. Subsequently, Council, on June 26, 1978, modified those stringent requirements, but language was not changed so as to retain the 1980 deadline. The effect of this amendment would allow owners of high-rise structures until June 26, 1983, to comply. It was felt the original intent was compliance by July 23, 1980. This code amendment being considered today would correct that language to re-establish the original intent for compliance by June 23, 1980. C.B. 1769--Concerning the fire code; amending Subsection (7)(g)3.a. of Section 8.200 of Code, 1979 was read by number and title only, there being no Councilor present requesting it be read in full. e Mr. Hamel moved, seconded by Mr. Bradley, 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 thi s 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. Roll call vote. All Council ors present voting aye, the bill was declared passed and numbered 18276. IX. CETA PRIORITY LIST--MEMO DISTRIBUTED Manager said two actions were being requested by Council as outlined in the memo attached to the agenda. The first item involved Counci1's requesting the Lane County Commissioners delay implementation of amend- ments to the CETA priority list adopted September 20 until such time as the findings can be reviewed by the City and the City has had an opportunity to comment. Council needed to deal with the question of how to handle the changes and what process should be followed. He noted the City had not yet received the findings supporting the County's new priority list. Staff would review the process and criteria, with a report to Council in a few weeks and recommendations as to the process by which to handle the priority list changes. Implementation for the priority list is scheduled for October 1, and the City would like to review the changes before implementation. - 9/27/78--7 '5/ . Gary Long, Personnel Director, reviewed the second portion of the memorandum in which the contract relationship between the program . agent (City) and prime sponsor (County) expires September 30. Counc i1 needs to address what kind of future contract relationship it wants to have with Lane County in general. Staff is recommending extending the contract period for 30 days to allow for review, and to establish a Council subcommittee to assess Council's role and level of program involvement for FY 78-79 and 79-80. Mr. Lieuallen was concerned as to what effect the City's request to delay implementation would have on the projects being staffed and funded by CETA. He wondered what the time frame was. Mr. Long said the priority list changes deal only with a few hundred thousand dollars, and other projects would proceed on schedule. He felt this would not substantially impair implementation of the priority list. He estimated two-to-three weeks' time. He said it was necessary to deal with the result and process of the changes. In response to a question from Mayor Keller, he noted it might be a legitimate process question as to how to involve the Eugene members on the ETAC Committee for this review, as they are now officially members of a Lane County committee. Manager reminded Council the staff is not attempting to evaluate indi- vidual applications, but simply concentrating on reviewing the process used by the Commissioners to make changes. Mr. Bradley wondered what happened to Eugene's application to become a prime sponsor. Mr. Long said the application had been rejected because the U.S. Bureau of Census would not certify Eugene for 100,000 population. e Mayor Keller noted there may be four more years of involvement with CETA, and the hope that Eugene may become a prime sponsor. He felt the City Council may wish to become more involved, to assess how they wish to be involved, in order to help them make better decisions regarding CETA. Mr. Lieuallen supported the Council getting involved. Mr. Delay reminded Council it had adopted a position some time ago to attempt to work out a consortium approach with the County, and if that were to fail, then to consider the City becoming a prime sponsor. He thought it necessary to have more intensive study by both Council and staff. Mr. Lieuallen volunteered to serve on a subcommitee of the Council to help assess the Council's role and level of program involvement appro- priate for the fiscal year 78-79 and 79-80. Mr. Hamel moved, seconded by Mr. Lieuallen, to accept staff's recommendations regarding the CETA priority list and future contract relations as outlined in staff's memo dated 9/22/78. Motion carried unanimously. Upon motion duly made, seconded, and passed, the meeting was adjourned to ~978. Charles T. Hen~ - City Manager CTH:DT:ml/CM23a19 '52 9/27/78--8