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HomeMy WebLinkAbout08/15/1979 Meeting . , e M I NUT E S EUGENE CITY COUNCIL August 15, 1979 --------------------------------------------------------------------------------- Adjourned meeting from August 13, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor, Mayor Gus Keller, August 15, 1979, 11:45 a.m., Council Chambers, with the following Councilors present: Betty Smith~ D.W. Hamel~ Eric Haws, Scott Lieuallen, Brian Obie, Gretchen Miller, and Emily Schue, Councilor Jack Delay was absent. --------------------------------------------------------------------------------- I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Ex Parte Contact Declared--Mr. Obie said he voted for the bid-letting on the parking structure for the Performing Arts Center on August 1, 1979, to R. A. Chambers. Later he realized that they were involved in a limited partnership where Mr. Chambers is the general partner. He wanted to make that public knowledge and rectify the mistake. Mayor asked that the minutes show that Mr. Obie abstained from voting. e B. Joint Session With Planning Commission--Mr. Lieuallen said U-Lane-O Credit Union is requesting all its members to contact their City Councilor in order to have some impact with regard to the upcoming joint Council session with the Planning Commission. If they do that, the Councilors will be unable to vote on that issue. With consent of Council, Mr. Lieuallen asked staff to contact U-Lane-O and make clear the impact of what they are requesting their members to do. If they know what they are doing, to register a protest. If they don It know, to explain the procedures. C. Metro Wastewater Management Commission: Sludge Disposal Site--Mr. Lieuallen requested a briefing memo about this issue. Ms. Smith said she would ask Mr. Pye at the Commission meeting tommorrow morning if such a memo could be put together. The Commission is in the process of reviewing possible sites. Two sites have been eliminated. Assistant Manager said there will be a field trip to view the sites on August 23, 1979. If Councilors wish to go, they should contact the Manager's Office. D. Revenue Task Force Committee--Ms. Miller asked if she might attend as an alternate, since her appointee will be out of town. Mr. Lieuallen said that he felt justified to do the same thing, since his appointee is on vacation this month. Mayor Keller questioned this practice since the intent of the Council was that the Committee should do their task without the influence of the Council. He wondered whether this . practice would be exercising their best judgment. Ms. Miller said she could have appointed herself but that she wanted to depoliticize the Committee and get broader participation. 8/15/79-1 Lf5'f .. , She would be circumspect. Mr. Lieuallen said the Mayor's point was - well taken, but he had very little choice, since his representative was on vacation. He felt he could best update her when she returned. Staff was requested to notify the Revenue Task Force of the procedures regarding alternates. E. Budget Election--Mr. Martin thanked the Council, the Budget Committee, the Better Eugene Committee, and the citizens for approving the budget levy outside the six-percent limitation. F. Appointments 1- Appointment of Don Moloney--Assistant Manager announced the appointment of Don Moloney as the new "Flak Catcher,'" Public Service Officer. He comes from the Fire Department and will replace Karen Ross. 2. Confirmation of Subcommittee Recommendations for Metropolitan Area Planning Advisory Committee. Ms. Smith moved, seconded by Mr. Hamel, to approve the recommen- dations for the appointments to the Metropolitan Area Plan Advisory Committee, recommending Robert Robertson, Stephen Wood, and Jon S i1 vermoon. Motion carried unanimously. . II. ORDINANCE FOR SECOND READING A. Mooting of East Skinner Butte Litigation e CB 1934--An ordinance amending Ordinance No. 18371 and declaring an emergency. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Ro11 call vote--all Councilors present voting aye, the bill was declared passed and numbered 18469. III. ORDINANCES FOR FIRST READING A. Levying Assessments and Referring to Hearings Panel, August 20, 1979 CB 1962--Levying assessments for paving, sanitary sewer, and storm sewer within Humbolt Subdivision, paving"Willamette Street adjacent to Humbolt Subdivision, and sanitary sewer within 160 feet south of Humbolt Subdivision. Ms. Smith moved, seconded by Mr. Hamel, that the bills be read the first time and be referred to the Hearings Panel for hearing August 20, 1979, with panel recommendation to be brought back for Council consideration August 27, 1979. Motion carried unanimously. CB 1963--Levying assessments for paving Clinton Drive from Willagillespie Road to Crenshaw Road. . 8/15/79-2 1-f55 , . Ms. Smith moved, seconded by Mr. Hamel, that the bills be read the first time and be referred to the Hearings Panel for hearing August 20, 1979, with panel recommendation to be brought back for Council consideration August 27, 1979. Motion carried unanimously. CB 1964--Levying assessments for paving, sanitary sewer, and storm sewer to serve Wieger Park Subdivision. Ms. Smith moved, seconded by Mr. Hamel, that the bills be read the first time and be referred to the Hearings Panel for hearing August 20, 1979, with panel recommendation to be brought back for Council consideration August 27, 1979. Motion carried unanimously. CB 1965--Levying assessments for paving and sanitary sewer on Lindley Lane from Bardell Avenue to 200 feet north. Ms. Smith moved, seconded by Mr. Hamel, that the bills be read the first time and be referred to the Hearings Panel for hearing August 20, 1979, with panel recommendation to be brought back for Council consideration August 27, 1979. Motion carried unanimously. CB 1966--Levying assessments for sanitary sewer to serve south side of 5th Avenue from Polk Street to Almaden Street. Ms. Smith moved, seconded by Mr. Hamel, that the bills be read - the first time and be referred to the Hearings Panel for hearing August 20, 1979, with panel recommendation to be brought back for Council consideration August 27, 1979. Motion carried unanimously. CB 1967--Levying assessments for a sanitary sewer in Gilham Road from Kidder Subdivision south to existing sanitary sewer. Ms. Smith moved, seconded by Mr. Hamel, that the bills be read the first time and be referred to the Hearings Panel for hearing August 20, 1979, with panel recommendation to be brought back for Council consideration August 27, 1979. Motion carried unanimously. IV. HEARINGS PANEL OF 7/16/79: FINDINGS OF FACT Assistant Manager presented the minutes and Findings of Fact for July 16, 1979, Hearings Panel. He noted that one citizen had asked to discuss the matter. It would require two-thirds vote of the Council to open the matter for discussion. This citizen's concern is with the third item in the Hearings Panel Minutes involving the definition of what constitutes a wrecking yard in the City Code. The decision of the Hearings Panel was made by only one Councilor because Mr. Haws had stated a conflict of interest with the applicant. Mr. Martin noted that both staff and the Zoning Board of Appeals concur with the decision of the Hearings Panel. To Ms. Schue's question, Assistant Manager replied that this person had been represented at the Hearings Panel and at the Zoning Board of Appeals, and the question had been discussed at length. Mayor Keller could see no e support for reopening the discussion. 'f5' 8/15/79-3 " A. Adopt Findings of Fact . Ms. Smith moved, seconded by Mr. Hamel, to adopt findings of fact from Hearings Panel, July 16,1979, meeting. Motion carried unanimously. B. Hearings Panel Minutes, July 16, 1979, Re: Zoning Board of Appeals Ms. Smith moved, seconded by Mr. Hamel, to approve Hearings Panel minutes of July 16, 1979. Motion carried unanimously. V. RESOLUTIONS Resolution 3215--Authorizing payment of bills, claims, and progress payments for period August 1, 1979, through August 13, 1979. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. VI. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Approval Council Minutes for July 18,1979, and July 23, 1979 Ms. Smith moved, seconded by Mr. Hamel, to approve Council Minutes of July 18, 1979, and July 23, 1979. Motion carried unanimously. - B. Safe Deposit Box Rental Agreement Assistant Manager Martin explained that this resolution added the name of Mr. Bill McGuire, Assistant Finance Director, to the names of authorized signatories, including the Director of Finance, the City Manager, and the Assistant City Manager. Resolution 3216--Authorizing repeal of Resolution No. 3047 and authorizing a safe deposit box rental agreement. Ms. Smith moved, seconded by Mr. Hamel, to adopt the Resolution. Roll call vote. Motion carried unanimously. c. Budget Ordinance Assistant Manager explained that this ordinance brings the budget into compliance with that approved by the Budget Committee and the property tax levy passed by the voters August 14, 1979. CB 1968--An ordinance repealing Ordinance No. 18430; making appropriations, determining, and levying the annual tax for the City of Eugene for the fiscal year beginning July 1, 1979, and ending June 30, 1980, and declaring an emergency. - %7 8/15/79-4 .. Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the second time by Council bill number only, with the unanimous consent of the Council, and that an enactment be considered at this time. Motion carried unanimously, and the bill was read the second time by Councilor bill number only. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote, all Councilors present voting aye. The bill was declared passed and numbered 18470. D. Call for Public Hearings Assistant Manager said these council bills are calling for public hearings and initiating the process for a street and easement vacations. They have unanimous approval of the Planning Commission. CB 1969--Calling for public hearing for September 19, 1979, re: St reet vacation for Robinson, Dillon, and Harmon, property located on Friendly Street, north of Storey Boulevard (SV 79-3) Ms. Smith moved, seconded by Mr. Hamel, that the bills be read the second time by council number bill 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. . Ms. Smith moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18471. CB 1970--Calling public hearing for September 19, 1979, re: Easement vacation for D. Scofield, property located between Wallace Street and Grimes Street near West 1st Avenue (EV 79-7) Ms. Smith moved, seconded by Mr. Hamel, that the bills 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. Ms. Smith moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18472. E. Resolutions Assistant Manager explained these easements are being released by EWEB for City use. This has been a long-standing practice. Two are off Centennial Loop. One is in the vicinity of "Q" Street. Two are dedications for street purposes at two substations. - 'fS8 8/15/79-5 Res. No. 3217--Authorizing the vacation of superseded EWEB right-of-way, - Centennial Office Park, off Centennial Loop, Parcel 1. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 3218--Authorizing vacation of superseded EWEB right-of-way, Centennial Office Park, off Centennial Loop, Parcel 2. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 3219--Authorizing release of unused EWEB water pipeline right- of-way, vicinity of Mill and "Q" streets, Springfield. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 3220--Dedication for street purposes of a portion of EWEB Delta Substation property. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 3221--Dedication for street purposes of a portion of EWEB . Westmoreland Substation property. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. VII. PUBLIC HEARINGS ; A. Alley Vacation, Ray and Rod Ralls (AV 78-3) (map distributed) Assistant Manager referred to the map and said the vacation includes the retention of public utility easements over the entire area to be vacated. It comes to the Council with the unanimous consent of the Planning Commission. The petitioners have deposited the compensation for the alley with the City in accordance with normal policy. Public hearing was held with no testimony presented. CB 1971--Authorizing alley vacation located north on 2nd Avenue, west of Taylor Street Ms. Smith moved, seconded by Mr. Hamel, 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. - tt5'1 8/15/79-6 I - Ms. Smith moved, seconded by Mr. Ham~l, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18473. B. Street V~cation, Hugh Anderson (SV 79-2) (map distributed) Assistant Manager said the petition for this street vacation was recommended unanimously by the Planning Commission. It is an adjustment of the right-of-way and involves exchanging of easements, relinquishing of old easements, establishing of new easements for public utilities, and a slope easement. It is a routine matter and no compensation is involved, since it is an exchange of easements. Public hearing was held with no testimony presented. CB 1972--Authorizing street vacation located on Spring Boulevard approxi- mately midway between Firland Bouelvard and Kimberly Drive Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved '- and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18474. C. Public Works Bid Award Assistant Manager said the Public Works bid is for paving sanitary sewer, storm sewer, and pedestrian way in the Deertail Subdivision southwest portion of Treehouse PUD. Everything is in order and staff recommends award of low bid. Public hearing was held with no testimony presented. Ms. Smith moved, seconded by Mr. Hamel, to award the contract to the low bidder. Motion carried unanimously. VIII. AUTHORIZATION FOR FY 1979-80 BUDGET FOR THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION (ADDITIONAL INFORMATION DISTRIBUTED) Assistant Manager said this issue comes to the Council pursuant to the agreement establishing the Metropolitan Wastewater Management Commission and represents the budget for Fiscal Year 1979-80. Ms. Smith is the Council's representative on the Commission. The Commission has reviewed the budget with Mr. pye and the administrative accountant for Metro Wastewater, Ms. s~san Racette. It is anticipating $25 million in Federal funds. There are concerns about whether all the money will come ". to the MWMC because of the Congressional appropriations bill. There will 8/15/79-7 ~O be a review by the Commission of user charges, the direct cost to those 4f who are using the sewer service, and this information will be brought before the Council. Ms. Smith reaffirmed what Mr. Martin had said and added that the Commission had reviewed the budget and hoped that the three governing bodies would approve. They are unsure of the Federal funding and continue to be in contact with the Congressional delegation, but they feel they must proceed. To Mr. Lieuallen's question about the availability of Federal funds, Assistant Manager replied there is some concern about the level of Federal grants that are going to be made available to the City. The concern is not only with the allotment from Congress to the State of Oregon but, in turn, how the Department of Environmental Quality and the Environmental Quality Commission will allot the funds among the different projects. That decision has not been made, and the Commission is very active in working with the EQC. To Mr. Lieuallen's question regarding the use of sludge as a gasohol source, Ms. Smith replied that she would request that the question be put on the Commission's agenda and that they would get a staff response back to Mr. Lieuallen. Ms. Smith moved, seconded by Mr. Hamel, to authorize the budget for the Metropolitan Wastewater Management Commission. Motion carried unanimously. ~ IX. ISSUANCE AND SALE OF GENERAL OBLIGATION BANCROFT IMPROVEMENT BONDS, SERIES IIFlle Assistant Manager explained these are the beginning of calling for bids on three separate bonds. These three items were discussed with the Council recently and rather routine. Each can be dealt with separately. Mr. Lieuallen asked about the first bond issue. He asked what interest rate the citizen would be charged for Bancroft payments. He was told that the rate was established by State law at seven percent. The bids come in at the six-percent range. On a bancroft bond, the payback period is 10 years. Mr. Lieuallen asked if it had any effect on the tax rate. Assist- ant City Manager said that it had no effect, except possibly the airport bonds, and those bonds are being picked up by the air carriers. He explained that the surplus from Bancroft funds comes back to the General Fund. In the past year, $300,000 in closeout interest revenue from Bancroft funds were used to offset the property tax. The bond sale is for those who wish to pay overtime and it allows the City to borrow the money. Bancrofts have no effect on the tax rate. The other kind of bond is a general obligation bond which requires a vote of the people. CB 1973--An ordinance authorizing the issuance and sale of $1,020,000 General Obligation Bancroft Improvement Bonds, Series IIF,II of the City of Eugene, Oregon, and directing that they be adver- tised for sale, all in accordance with the provisions of Chapter 223, Oregon Revised Statutes, commonly known as the Bancroft Bonding Act, and declaring an emergency. . Lfb/ 8/15179-8 Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18475. Res. No. 3222--Resolution prescribing the form of notice of sale of $1,020,000 General Obligation Bancroft Improvement Bonds, Series "F," of the City of Eugene, Oregon. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. X. ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS FOR AIRPORT BONDS I CB 1974--An ordinance authorizing the issuance and sale of $200,000 of General Obligation Bonds of the City of Eugene, Oregon, being a portion of the Bond issue authorized by the legal voters of the city at a special election held November 8, 1977, and declaring an emergency. '. Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18476. Res. No. 3223--Resolution prescribing the form of notice of sale of $200,000 General Obligation Airport Develpoment Bonds, Series 1978B, of the City of Eugene, Oregon. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. XI. ISSUANCE AND SALE OF $2.1 MILLION FOR PARKING FACILITY BONDS CB 1975--An ordinance providing for the issuance and sale of $2,100,000 of General Obligation Bonds of the City of Eugene for parking facilities, all in accordance with ORS 223.805, commonly known as the Motor Vehicle Parking Facilities Act, and declaring an emergency. .- '-162.. 8/15/79-9 --------- ---- -~ - ----- ,- Ms. Smith moved, seconded by Mr. Hamel, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18477. Res. No. 3224--Resolution prescribing the form of notice of sale of $2,100,000 general obligation parking facilities bonds, series 1979, of the City of Eugene, Oregon. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. XII. CONSIDERATION OF THE WILLAMETTE LONG TOM SUBAREA PLAN AMENDMENT (INDUSTRIAL TRIANGLE) Assistant Manager said this report comes from the Planning Department because the Lane County Planning Commission has conducted a public hearing and the City has concerns about the action it has taken and the effect on the metropolitan area. Mr. Saul said he would highlight the rather lengthy memorandum distributed . to the Council. The industrial triangle is an area north of Awbrey Lane between Oregon Electric and the Southern Pacific railroad lines, and extends north to Junction City which totals 1,800 acres. The County Planning Commission has voted to recommend that the industrial triangle be changed from an agricultural designation to an industrial designation. Mr. Saul listed a number of concerns regarding this proposed change. First, the amendment will require a change in the Metropolitan Area Plan. The total justification for the proposed amendment is predicated on the need for industrial land in the metropolitan area. The need to have that much industrial land to meet the objectives of the Willamette Long Tom Subarea has not been demonstrated. Second, although the basis of need is being established in the metropolitan area, the County's action is outside the process for addressing metropolitan area issues. Third, the West Eugene Industrial Area and the 1990 Plan Update show the need for 520 1acres of industrial designation through the year 2000. The proposed update of the 1990 Plan allocated approximately 1,500 acres to Light Industrial, 750 acres to Specialized Light Industrial, and 300 to Heavy Industrial. These allotments were made even without projected demand and these figures can be changed in the update process. Fourth, this industrial triangle is outside of both the urban service boundaries of Eugene and Junct i on City. No consideration has been given these individuals' employ- ment, residential, and shopping needs. The fifth concern is that the area is almost totally farmland, Class 1 through Class 4 soils. One of the . Lfb3 8/15/79-10 i - -... .--- ..A__ I .'~ ~'.... e primary purposes of the 1990 Plan was the adoption of an urban service boundary to preserve the farmland outside the urban service boundary. This is required by Statewide Goals. The action requested is that the Council authorize a written report to be submitted to the Board of Commissioners when the amendment comes before them. Ms. Smith asked if the City Planning staff had discussed this with the County Planning staff. Mr. Saul replied that the County Planning staff is taking no position on this subject. Ms. Miller felt that changing 1,800 acres of agricultural land to an industrial designation is a large amount of land. She pointed out that this is not being brought up through the metro process because that would mean that it would have to be adopted by several jurisdictions. That is why it being brought up through the County planning process as if it were not a part of the metropolitan area. It did come up at the MPCC. The County representative proposed an amendment to the Plan which would have the industrial triangle designation changed to industrial. The vote was 5 to 2, the County representatives in the minority. They then decided it was not a metropolitan issue. Ms. Schue, Mr. Obie, and Mr. Lieuallen expressed their desires that the City continue to keep doors open between the City and County and a positive - approach be maintained in their dealings with the County. Ms. Smith moved, seconded by Mr. Hamel, to authorize submission of the written report on the consideration of the Long Tom Subarea Plan to the County Commissioners. Motion carried unanimously. XIII. COOPERATION AGREEMENT BETWEEN THE CITY OF EUGENE AND LANE COUNTY HOUSING AUTHORITY Assistant Manager told the Council that by adoption of this resolution, the City would enter into an agreement with Lane County for 50 units of low-rent housing in the community with a maximum of four units for the elderly and the remaining to be two-, three-, and four-bedroom units for famil ies. He said there is potential for new housing and also for renova- tion of existing housing. The City ~f Eugene entered into a similar agreement in 1973 and 1978. Ms. Robin Johnson and Ms. Peggy Stevens were available for questions. Res. No. 3225--Ratifying, affirming, and confirming the execution of a cooperation agreement between the City of Eugene and the Housing Authority and Urban Renewal Agency of Lane County, Oregon Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. c - Roll call vote. Motion carried unanimously. e lf6't 8/15/79-11 XIV. T-2000 PLAN UPDATE: STAFF REPORT I Assistant Manager said the staff report was submitted to the Councilors. -'-~/' Kirk McKinley was present to explain it. Mr. McKinley said this was the first annual review of the T-2000 Plan. It was developed by the Transportation Planning Commission. The Public Works and Planning staffs have worked together. The report clarifies recent policy actions, work program changes, and preliminary research findings. It is required by the Federal government for funding. The Planning Commission recommended approval of the document. The role of the Council is to give direction to the MATC representative, Councilor Miller. Ms. Smith moved, seconded by Mr. Hamel, to approve the T-2000 Plan Update, and authorize Councilor Miller to present Council IS pos it ion. Motion carried unanimously. XV. ORDINANCE PROHIBITING SKATEBOARDS AND ROLLER SKATES IN THE MALL Assistant Manager said this ordinance comes to the Council as a result of a directive given to this staff by Council. It prohibits roller skates and skateboards in the Mall. CB 1976--An ordinance concerning skateboards and roller skates amending Section 5.565 of the Eugene Code, 1971, and declaring an emergency. Ms. Smith movedt seconded by Mr. Hamelt 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, with Councilors Obie and Miller abstaining, and the bill was read the second time by council bill number only. Assistant Manager pointed out that it was necessary to have six votes affirmative in order for the emergency clause to take effect. Ms. Smith movedt seconded by Mr. Hamelt that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye except Ms. Miller abstaining, the bill was declared passed and numbered 18478. Upon motion duly made, seconded, and passedt the meeting was adjourned to August 27t 1~ Charles T. Hen.)~ City Manager (Recorded by Beth Conant) CTH:BC:pm/ky/CM12b1 e , - ------...~' IfbS 8/15/79-12 . e Mr. Gilkison said that if the applicant had originally proposed a totally enclosed recycling business with all activities, including storage, taking place within a building, they may have received some consideration under the "conditional use" classification. This operation might be considered an assembly line in reverse. He said that one of the key issues is that there would have to be absolutely no outside storage of dismantled and/or wrecked vehicles. Mr. Mortier said they feel that they have presented a plan to meet the criteria of the ordinance. He restated their position that the non-conforming use would be diminished rather than expanded. Mr. Haws closed the public hearing and reminded the appellant that the matter could be appealed to the City Council. e Mr. Delay moved, seconded by Mr. Haws, that the appeal from the Building Official's interpretation that the proposed partial redevelopment of property at 3808 West 11th Avenue would constitute an addition/enlargement of a "wrecking yard," a non-conforming use as defined by Sections 9.254 and 9.616 of the Eugene Code be denied, ~oncurring with the Building Official's interpretation as sustained by the Findings of Fact adopted by the Zoning Board of Appeals. Motion carried with Mr. Delay voting aye and Mr. Haws abstaining, based upon the testimony presented at the hearing. The meeting was adjourned. Respectfully submitted, 1LJJ~ Bernard L. Gilkison, Supervisor Land Use Enforcement (Recorded by Sally Greatwood) SG:pm/PL28b5 .e MINUTES--Hearings Panel July 16, 1979 Page 7 Lf6b ) DEPARTMENT OF PUBLIC WORKS - Engineering Division Bid No. 8 Opened: August 14,1979 l. PAVINGs SANITARY SEWER, STORM SEWER AND PEDESTRIAN WAY within Deertrail Subdivision and southwest portion of Treehouse P.U.D. (Job No. 1526/1538) Bidders: Contract Cost AWARD l. Morse Bros. Contractors, Inc.---------------$ 252,787.55 2. Eugene Sand & Gravel, Inc.------------------$ 272s539.30 3. Dan D. Allsup Contractor, Inc.--------------$ 281 s526.85 4. H & J Construction--------------------------$ 286.859.25 5. Wi1dish Construction Co.--------------------$ 292,222.20 Cost to Abutting Property: Cost to City Amount Budgeted 28' Pav. $ 35.50/FF None None 36' Pav. $ 42.00/FF Ped.Way $ 35.00/Lot e San.Lat. $ .14/Sq.Ft. San.Serv. $ 310.00/Lot PumpStation $ .09/Sq.Ft. StormSewer Deertrail $ 300.00/Lot Treehouse $ 725.00/Lot COMPLETION DATE: JULY 1,1980 Page 1 of 1 e Lf61