HomeMy WebLinkAbout11/07/1979 Meeting
.
e M I NUT E S
EUGENE CITY COUNCIL
November 7, 1979
Adjourned meeting from October 31, 1979, of the City Council of the City of
Eugene, Oreqon, was called to order by his Honor Mayor Gus Keller at 11:45 a.m.,
Council Chamber, November 7, 1979, 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. Southern Pacific Historic Designation Vote
Mr. Hamel explained his reason for votinq aqainst the Southern
Pacific Depot historic designation at the October 29 meeting. He
felt that the Historic Review Board in dealing with AMTRAK, the
renter, proceeded in an improper manner. He feels that Southern
Pacific would have been most ready to discuss the proposal. Manager
responded that staff has talked with Southern Pacific and wi 11
continue to do so. He believes that the real basis for Southern
e Pacific's objection to the manner in which the matter was handled is
that they are fearful of government regulation on their property.
B. Assistant City Manaqer Resiqnation
Manaqer announced that Assistant City Manager A. Keith Martin will be
leavinq the City to take a position with the firm of Johnson, Harranq,
Swanson, and Lonq on January 1, 1980. He commended Mr. Martin for his
contributions to the City during his tenure and noted that there would
be further comment on those contributions at a later time.
C. Revenue Task Force Meetinq
Manaqer announced that a meeting of the Revenue Task Force Committee
will be held Thursday, November 8, 12 noon.
D. Leaque of Oregon Cities Meeting
Manager mentioned that the van would be leaving from City Hall at
9 a.m. on Sunday, November 11. It will be coming back on Tuesday.
Councilors wishinq transportation should phone the City Manager's
office to make arranqements. I
e
11/7/79--1
~O8
'"
.
E. Work Proqram 1979-80
Manager noted distribution to Council members of copies of the e
1979-80 work proqram report. The first part of the report contains
programs relatinq to Council objectives and the second part contains
department al work proqrams.
He noted priority issues which have developed in the last few weeks
and have been incorporated into these work programs.
F. Eugene Performers Guild
Manaqer noted that Council members will be receivinq a memo from the
Eugene Performers Guild requesting discussion of an ordinance change
that would allow more performances in the streets/sidewalks. He said
the Parks Department and other staff will be requested to evaluate
this matter and come back at a subsequent Council meeting with this
item.
G. Request for Prohibited Weapons Ordinance Exemption
Manaqer noted receipt of a request from members of the Sikh religion
that they be allowed to carry the knives that are a part of their
reliqious dress. Mr. Haws commented that he would like more informa-
tion on the matter before determining whether to make such an exemp-
tion. Ms. Smith said that her preference would be to deny the
request. Further information will be brought to a subsequent Council e
meet inq.
H. Council Meeting Times in November, December, and January
Manaqer noted that staff will probably not have the condominium
conversion moratorium issue ready for the November 14 meeting, and
some Councilors have indicated that they do not wish to have a
meetinq on November 14. Mr. Haws noted that he was not one of them.
It was understood that the meeting of November 14 would be cancelled.
Staff recommends that December meetings be held on Wednesday, the
5th, 12th, and 19th, and that a Monday night meeting be held on the
10th. There would be no Council meetings on the 17th, 24th, or 26th.
The first meetinq in January is scheduled for January 2 and could be
chanqed at the last minute, if necessary. Otherwise, the normal
January calendar will be maintained.
I. Council Study Session Date
Manaqer sugqested December 12 or 19 for a Council study session. The
format would be to hold a regular Council meeting at City Hall at
11:15 until 12:30 p.m., and then adjourn to the Valley River Inn for
lunch and the study session. Important items for discussion include
an update of the Zonino Code and the update process for the General
Pl an. The first part of that meeting could be held with the Planning
Commission.
e
11/7/79--2
YJ't
..
,
Mr. Obie would like to prioritize items for discussion, and Mr.
e Lieuallen agreed, stating that discussion of the Metro Plan Update is
not one of his priorities at this time, nor is a meeting with the
Planning Commission. He favors discussion of planning for the core
area. Council was advised to submit suggestions to Council President
Jack Delay and Council Vice President Betty Smith for prioritization.
The aqenda for the study session could be determined at the Council
meetinq of the 21st so staff could be qiven adequate time to respond.
It was understood that the study session would be held December 12.
J. Boards and Commissions Appointments Schedule
Manaoer noted the distribution of a tentative schedule to Council
members. He said that November 16 is the deadline for submittinQ
applications for memberships on boards and commissions for which
vacancies will occur on January 1. By November 30, staff can send
copies of applications to Council members, and at the December 5
meeting Council could select persons they wish to interview. Between
the 5th and the 14th, Council could interview finalists and, concur-
rently, between the the 1st and 7th, the Council subcommittee could
select members for commissions, designating that interviews be con-
ducted by subcommittee. At the Council meeting on the 19th, Council
would act on recommendations including some Mayoral nominees. The
intended completion date for all appointments would be Janaury 2, if
possible. -
e II. ROUTINE ITEMS FOR COUNCIL APPROVAL
A. Approval of Council Minutes of October 24, 1979
Ms. Smith moved, seconded by Mr. Lieuallen, to approve Council
minutes of October 24, 1979. Roll call vote. Motion carried
unan imou sly.
B. Improvement Petition
Sanitary Sewer on Jefferson Street--(Affected property on
petition; assessable costs; sewers, total square footage,
151,862 feet, square footage required, 95,951 feet, 63
percent; City costs, park property, $4,165)
Res. No. 3272--Authorizinq sanitary sewer construction to serve proper-
ties on Jefferson Street between Cheshire Avenue and River
Street (1799) was read by number and title.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the
resolution. Ro 11 call vote. Motion 'carried unanimously.
I I I. CONSIDERATION OF THE USE OF PHENOXY HERBICIDES IN EUGENE WATERSHED
.
Kimber Johnson, EWEB, was present to give an oral report. He said the
e water in the Euqene area exceeds all safe standards. EWEB works deli-
gently to prevent contamination, and the land holders in the McKenzie
11/7 /79--3
b/O
I
.. i
watershed have informal agreements about spraying, he said. The regu-
lating agency is the Eastern Lane District of the Department of Forestry e
and EWEB has been in contact with them regarding spraying programs. Other
factors of control include a 15-day notice, the weather, wind, etc. EWEB
monitors such areas as the use of inorganic chemicals, organic chemicals,
and micro contaminants.
He said that the phenoxy herbicide is on the list of organic chemicals.
EWES has had samples tested by private agencies. Last year, hourly
samples were taken to determine potential contamination. All samples
analyzed showed no detectable amounts of herbicides. Therefore, there are
less contaminants in the water than any monitoring equipment can measure.
Mr. Lieuallen wondered if EWES had an inventory of the private land owner-
ship in the watershed. Mr. Johnson said that their inventory includes
only the major landholders doing aerial spraying. Mr. Lieuallen wondered
if there were any informal aqreements on roadside maintenance with the
State Highway Department, and Mr. Johnson responded that there were no
agreements, though EWEB did do a study with DEQ when they sprayed, monitor-
ing the water during the spraying and after the first rain. He presumed
they were not using the banned herbicide 245-T, but he will find that out
for sure.
Mr. Lieuallen then wondered about the type of analysis that is undertaken
and where the samples are sent. Mr. Johnson said that hourly samples done
in conjunction with the DEQ for the Department of Transportation are taken
at the Treatment Plant at a point where all spraying in the watershed e
accumul~!es anQ".arebtested at the Agricultural lab in Portland. Samples
takent,Jndependerttly'EWEB are sent to California. Mr. Lieuallen's concern
is that -fherE!Should be an ability to sample in minute quantities, and it
is his understanding that many of the testing labs are unable to do that.
Mr. Johnson said that EPA research has determined that the long-term safe-
dose limit is 100 to 1,000 times greater in magnitude than the ability of
the testinq equipment to detect.
Mr. Lieuallen wondered if Mr. Johnson had any idea how much 24-D, for
example, is being applied by all sprayers. Mr. Johnson said that would be
difficult to determine because private individuals do not have to advise
authorities when they spray. Mr. Lieuallen also wondered if sediments in
the Treatment Plant at Hayden Bridge could be tested. Mr. Johnson said
that the sediment is collected and used as land fill and does not go back
into the watershed. He said it would not be difficult to test samples,
however.
Mr. Lieuallen wondered if there were an alert level on various poisons,
and Mr. Johnson said that it would be considered dangerous to go above the
maximum level EPA has set as beinq safe for long-term effects. The Eugene
watershed is about 1,000 times below that level now. Mr. Lieuallen's
opinion is there may be no safe level. He feels that closer analysis
would provide needed precautions. He wondered whether it is possible to
get tes'inq levels from EPA or private labs so he can do some comparisons.
e
11 /7 /79--4
loll
e He also asked how public bodies could be involved if it were determined
there was a problem. Mr. Johnson said EWEB would always strive to pro-
tect the water quality and has done research on activities of major land
holders. In his mind, there is no problem, but he said that an emergency
plan exists. In case of an accidental spill, EWEB is in contact with the
emerqency response system in Oregon headed by the DEQ.
Mr. Lieuallen asked if Mr. Johnson felt there was no problem because of
safeguards or because there is no long-term problem with phenoxy herbicides.
Mr. Johnson said he did not feel there is no problem with contaminants, but
he does feel that sufficient safeguards have been taken so as to contain
exposure to the public. Mr. Lieuallen said he would like a copy of the
Safe Drinking Water Act.
Ms. Schue said she would like more information on supervision of forestry
land spraying. Mr. Johnson said he wasn't sure if the Federal Forest
Service had jurisdiction over the State spraying programs or not. He did
add that the Forest Service is not using the herbicide-type sprays, includ-
ing 2-4-D, though he does not know if that is due to Federal restrictions
of EWEB's influence. Mr. Lieuallen said he did not expect Council to take
any action at this meeting, but he will continue to study the matter and
may come back with a request for action at a later date. Ms. Miller
wondered what sprays the Forest Service uses, and Mr. Johnson responded
that he would find out. Ms. Schue thanked Mr. Lieuallen for bringing the
issue to the Council for discussion.
e IV. AMENDMENT TO BUSINESS LICENSE CODE REGULATING
GARBAGE HAULERS (Memo and Ordinance Distributed)
The amendment requires the haulers to use standardized, agreed-upon
accounting formats to provide financial data to a certified public
accountant, the format to be used as a basis in determining rate increases.
CB 2019--Concerning garbage haulers; amending Section 3.255 of the Eugene
Code, 1971; and declarinq an emergency was read by number and
title only, there beinq no Councilor present requesting that it
be read in full.
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. Lieuallen, that the bill be
approved and qiven final passage. Roll call vote. All
Councilors present voting aye, the bill was declared passed
and numbered 18528 .
e
11/7/79--5
~/2
v. ORDINANCE FOR SECOND READING (Memo and Map Attached)
e CB 2018--Authorizing the institution of proceedings in eminent domain
for the acquisition by condemnation of a 14-foot sanitary
sewer easement within the local improvement district estab-
lished in the area from 160 feet east of Henderson Avenue
to Glenwood Boulevard; and between Judkins Road and 160 feet
south of Glenwood Drive; and declaring an emergency was read
by number and title only, there being no Councilor present
requestinq it be read in full.
Manager said that this ordinance for second reading will be held over
until November 26, as negotiations are still underway.
Upon motion duly made, seconded, and passed, the meeting was adjourned to
November 21, 1979.
~nj
City Manager
DP:er/CM7a19
-
e
11 /7/79--6
fo/3