HomeMy WebLinkAbout09/14/1981 Meeting (2)
'C
M I NUT E S
, Eugene City Council
City Council Chamber
September 14, 1981
7:30 p.m.
COUNCILORS PRESENT: Gretchen Miller, Brian Obie, D. W. Hamel, Betty Smith, Emily
Schue, Mark Lindberg, Cynthia Wooten
COUNCILOR ABSENT: Eric Haws.
Adjourned meeting of the City Council of the City of Eugene, Oregon, was called
to order by His Honor, Mayor Gus Keller.
L PUBLIC HEARING
A. On-Site Sewage Disposal Policy Outside the City (Memo, Resolution
distributed)
Manager introduced Gary Chenkin.
Mr. Chenkin explained this item was initiated because of Land Conservation and
Development requirements that State agencies' policies and processes be coordi-
e nated with local plans and policies, including their permit processing programs.
The Department of Environmental Quality notified counties throughout the State
that from late July the cities and counties would have to sign off on septic
tank permits in areas between the urban growth boundaries and city limits where
plans have not been acknowledged. Lane County staff called a meeting with
Eugene and Sprtngfi"el d .~--_. - It was agreed that the best process was to
prepare a resolution for the City Council. The wording of the resolution was
worked out by the Planning Department and has been reviewed by the County staff.
Comments and changes were made accordingly. The County staff now agrees with
the resolution in terms of wording.
This would be a service extension process similar to the one that has been used
since March 1977 for water extension outside the City. The City is willing
under certain circumstances to allow water to be extended to developments outside
the city limits but inside the urban growth boundary. If parties are going to
enjoy that benefit, in return they sign an agreement that they will annex to the
City according to City policies when it is timely and the criteria are appro-
priate for annexation. This resolution is based on that policy and would allow,
upon a lot division inside the urban growth boundary but outside the City limits,
for somebody to gain septic tank approval. It would have to be inside the urban
growth boundary. It would have to reflect applicable plans for the area and the
Metro Plan. The applicant would submit a conceptual plan which shows that if
they are splitting a lot that later on, when the full range of services are
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MINUTES--Eugene City Council September 14, 1981 Page 1
available could be developed to urban densities when annexed. This will happen
mostly in the River Road/Santa Clara area. Glenwood would be included with a
slightly different status. Eugene will work with Springfield to determine who
- would be the best provider of services in that area. The resolution has been
approved by the City Attorney in terms of wording. It is a resolution that is
very limited in that it will only be in effect until Metro Plan acknowledgment.
At the time of acknowledgment the City will need to negotiate a new kind of
agreement with the County based on the plan itself. Mr. Farah is be working on
acknowledgment. Until that time this resolution would be used. Mr. Chenkin
characterized this resolution as a departure from the City's original position.
The City had been receiving a number of referrals from the County over the years
for lot splits and minor partitions in the River Road/Santa Clara area, and we
have always replied these decisions would lead to increased development and
urbanization without urban services and, therefore, the City would have to take
exception. The City never had a mechanism like this that they could use that
would assure that development would ultimately occur according to a conceptual
plan that would show full development at urban densities and that the property
would ultimately come into the City and would have a full range of services.
It is a compromise. The City will not have compromised any principles, but
it would be in line with the City's thinking at the present time regarding
development and a long-term solution to the problem of River Road/Santa Clara.
Ms. Wooten asked if this were a City Councilor a Planning Commission sign-off.
Mr. Chenkin responded that the resolution would provide the Planning Department
with standards so that it could sign off administratively. If the resolution
was not passed, they would have to bring each and everyone of the applications
to the council. The resolution gives administrative direction.
e Ms. Schue asked if there was any provision in the regulations that relates to
where the sewer will actually go, or is that necessary in the planning of the
septic tank. Mr. Gleason said that they were not in a position to provide that
kind of direction. They do not know where the trunk line or the laterals will
exactly be; therefore they cannot give the property owner that information. As
soon as they know, they will have an acknowledged plan and an acceptable process.
Ms. Smith asked if, in terms of the Cityls position in phased annexation, by
adopting this policy, the City would be more on record as supporting phased
annexation versus forced annexation. There is a strong need to communicate
that phased annexation is the way the City is wanting to proceed, even more so
than in the past. Mr. Gleason said that this was one step in the direction of
phased annexation--working that policy out over the years voluntarily. Ms.
Smith asked that this be conveyed to the residents of River Road/Santa Clara to
allay fears that were there. She asked staff to bring back to the council
direction to more clearly define their position.
Mr. Lindberg agreed. He said without a statement of general direction this
appeared to be a blackmail letter and council did not intend it to be so.
Now the City is more permissive in its annexation policy and is guaranteeing
e MINUTES--Eugene City Council September 14, 1981 Page 2
incremental succession of the Metro Plan. The policies are being worked out by
the Elected Officials Committee .and are not yet official. The City is hesitant
e to advocate a program in the area that is not acceptable to the County or the
City of Springfield.
Mr. Lindberg questioned the timing of the resolution and whether other deci-
sions should not be made first. Mr. Chenkin replied that the problem was that
they were under the directive of the DEQ to sign off on all septic tank permits.
The City would be less than consistent with its policy base if they signed off
without these conditions. A person simply cannot get a septic tank permit now.
The City has attempted in the past to point out to the County that this could
lead to increased urbanization without the minimum level of urban services.
This is one key area where there is a difference of opinion with the County.
Since that original posture, there has been a directive from DEQ that the City
shall have the authority and obligation to sign off on waste disposal permits for
lots withtnth.e urba.n growth boundary and created after August 1, 1981.'
Without that sign-off, there will be no lot splits and no septic tanks. The
City would be acting as per DEQ direction, and development will not be stopped.
However, it will occur within the context of the Metro Plan. As long as the
applicant signs the annexation agreement and the conditions of the resolution
are observed, the City would not stand in the way of minor partitions.
Mr. Lindberg wanted to convey that the council was operating under a State
mandate as opposed to their own initiative, and this action does not alter in
any way the City's plans and does not mean that River Road/Santa Clara will be
annexed immediately.
Mr. Gleason said it was very important for the members of the media in the
e audience to understand that this is a permissive act and not one that has
negative connotations in regard to individual rights of citizens in the River
Road/Santa Clara area. They were not attempting to lock the pincers around
their geographic boundary.
Mr. Lindberg referred to Section 1, subsection B.1.4.3, of the resolution. He
said during approval of a new use or intensification of use on a property, it
appeared that the City would be permitting a process as if that area were
already annexed. He wondered if legal or administrative irregularities would be
created. Mr. Chenkin said it is equivalent to existing standards in the water
extension resolution. The County refers zone changes, conditional uses, and
land division requests to the City if they are within the urban service boundary.
This provides one additional step if the City finds that such a request complies
with applicable plans and policies and the resolution, we will sign off on the
septic tank request.
Ms. Miller explained approval of the policy would permit someone who wants to
subdivide to go through a process which was not acceptable to them previously.
The resolution may not get used a great deal, but for minor lot splits those who
can comply will find a way to gain approval.
e MINUTES--Eugene City Council September 14, 1981 Page 3
Public hearing was held with no testimony presented.
- Resolution No 3579--A resolution adopting an on-site sewage disposal procedure
inside the urban growth boundary as depicted on the Eugene-
Springfield Metropolitan Area General Plan Diagram.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote, motion carried unanimously.
B. Rezonings
1. Properties located north of Beltline Road, east and west of Coburg
Road (Cone/Breeden, et al.) from:
a. R-l Low-Density Residential District to R-2/SR Limited Multiple-
Family Residential District with Site Review procedures
(Area No.1);
b. County AGT Agricultural, Grazing, and Timber-Raising District
to R-l/PD Low-Density Resdiential District with Planned Unit
Development procedures (Area NO.2);
c. County AGT Agricultural, Grazing, and Timber-Raising District
and County RA Suburban Residential District to R-2/PD Limited
Multiple-Family Residential District with Planned Unit Develop-
ment procedures (Area No. 3);
d. County AGT Agricultural, Grazing, and Timber-Raising District
e to R-3/PD Multiple-Family Residential District with Planned
Unit Development procedures (Area No.4); and
e. County AGT Agricultural"Grazing, and Timber-Raising District
to C-2/SR Community Commercial District with Site Review
procedures, including a sign district classification of
Integrated Shopping District (Area No.5) (Z 81-9) (maps
distributed; background information under separate cover).
Ms. Smith explained that she would be abstaining from discussion or voting on
this issue since Mr. Saul is a partner in Moreland/Unruh/Smith and her husband
is a partner in the same firm.
Mr. Gleason introduced Jerry Jacobson of the Planning Department.
Mr. Jacobson explained the subject properties were the subject of a recently
adopted refinement plan, the Coburg/Crescent Special Area Study. City Council
adopted the study last July. The rezonings would implement the land use desig-
nations in that special area study. There are five different areas that would
be rezoned; hence five different ordinances involved. The first area involves
property on the west side of Coburg Road which would be rezoned from City R-l
e MINUTES--Eugene City Council
September 14, 1981 Page 4
to R-2/SR Limited Multiple-Family Residential with Site Review procedures. The
rest of the properties would be east of Coburg and involve the Cone/Breeden
e property. Most of these properties are zoned County AGT or County RA. They
would be changed to City R-1, R-2, R-3 and C-2. Some will involve PUD suffix.
The commercial property would involve the site review suffix as well as property
on the west side of Coburg Road. The Planning Commission was unanimous in its
recommendation of approval.
Ms. Wooten asked if the findings of fact were submitted by the applicant. Mr.
Jacobson said that was correct and staff supplemented the findings of fact and
incorporated the findings of fact of the applicant into the staff notes.
No other ex parte contacts or conflicts of interest were declared. Staff notes
and minutes were entered into the record.
Public hearing was held with no testimony presented.
CB 2362--An ordinance authorizing rezoning from R-1 Low-Density Residen-
tial District to R-2/SR Limited Multiple-Family Residential
District with Site Review procedures for property located west of
Coburg Road, north and south of Crescent Road (Area No.1).
Ms. Miller moved, seconded by Mr. Obie, that findings supporting
the rezonings as set forth in the Planning Commission staff notes
and minutes of August 11, 1981, be adopted by reference thereto;
that the bills be read the second time by council bill numbers
only, with the unanimous consent of the council, and that enactment
be considered at this time. Roll call vote; motion carried
e unanimously, with Ms. Smith abstaining.
Council Bill 2362 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
vote aye except Ms. Smith who abstained. The bill was declared
passed and numbered 18858.
CB 2363--An ordinance authorizing rezoning from County AGT Agricultural,
Grazing, and Timber-Raising District to R-1/PD Low-Density
Residential District with Planned Unit Development procedures for
property located east of Old Coburg Road and Game Farm Road,
north of Beltline Road (Area NO.2).
Ms. Miller moved, seconded by Mr. Obie, that findings supporting
the rezonings as set forth in the Planning Commission staff notes
and minutes of August 11, 1981, be adopted by reference thereto;
that the bills be read the second time by council bill numbers
only, with the unanimous consent of the council, and that enactment
be considered at this time. Roll call vote; motion carried
unanimously, with Ms. Smith abstaining.
Council Bill 2363 was read the second time by council bill number only.
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MINUTES--Eugene City Council September 14, 1981 Page 5
--..-
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
e voted aye except Ms. Smith who abstained. The bill was declared
passed and numbered 18859.
CB 2364--An ordinance authorizing rezoning from County AGT Agricultural,
Grazing, and Timber-Raising District and County RA Suburban
Residential District to R-2/PD Limited Multiple-Family Residen-
tial District with Planned Unit Development procedures for
property located south of Hillview Lane 1, east of Game Farm
Road, and Old Co burg Road, north of Beltline Road (Area No.3).
Ms. Miller moved, seconded by Mr. Obie that findings supporting
the rezonings as set forth in the Planning Commission staff notes
and minutes of August 11, 1981, be adopted by reference thereto;,
that the bills be read the second time by council bill numbers
only, with the unanimous consent of the council, and that enactment
be considered at this time. Roll call vote; motion carried
unanimously, with Ms. Smith abstaining.
Council Bill 2364 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voted aye except Ms. Smith who abstained. The bill was declared
passed and numbered 18860.
CB 2365--An ordinance authorizing rezoning from County AGT Agricultural,
e Grazing, and Timber-Raising District to R-3/PD Multiple-Family
Residential District with Planned Unit Development procedures for
property located generally east of Kinney Loop between Coburg
Road and Game Farm Road, north' of Beltline (Area No.4).
Ms. Miller moved, seconded by Mr. Obie, that findings supporting
the rezonings as set forth in the Planning Commission staff notes
and minutes of August 11, 1981, be adopted by reference thereto;
that the bills be read the second time by council bill numbers
only, with the unanimous consent of the council, and that enact-
ment be considered at this time. Roll call vote; motion carried
unanimously, with Ms. Smith abstaining.
Council Bill 2365 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voted aye except Ms. Smith who abstained. The bill was declared
passed and numbered 18861.
CB 2366--An ordinance authorizing rezoning from County AGT Agricultural,
Grazing, and Timber-Raising District to C-2/SR Community Commer-
cial District with Site Review procedures, including a sign
district classification of Integrated Shopping District for
property located east of Coburg Road and north of Beltline
e (Area No. 5).
MINUTES--Eugene City Council September 14, 1981 Page 6
Ms. Miller moved, seconded by Mr. Obie, that findings supporting
the rezonings as set forth in the Planning Commission staff notes
e and minutes of August 11, 1981, be adopted by reference thereto;
that the bills be read the second time by council bill numbers
only, with the unanimous consent of the council; and that enact-
ment be considered at this time. Roll call vote; motion carried
unanimously, with Ms. Smith abstaining.
Council Bill 2366 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voted aye except Ms. Smith who abstained. The bill was declared
passed and numbered 18862.
2. Property located north of Beltline Road between Coburg Road and
Old Coburg Road from M-1/PD Limited Industrial District with
Planned Unit Development procedures to M-1/SR Limited Industrial
District with Site Review procedures, and establishment of Indus-
trial Sign District (Cone/Breeden-Industrial) (Z 81-10) (map
distributed; background information under separate cover)
Manager introduced Mr. Jacobson to answer questions.
No other ex parte contacts or conflicts of interest were noted. Staff notes and
minutes were entered into the record.
Public hearing was held with no testimony presented.
e CB 2367--An ordinance authorizing rezoning from M-1/PD Limited' Industrial
District with Planned Unit Development procedures to M-1/SR
Limited Industrial District with Site Review procedures, and
establishment of Industrial Sign District for property located
north of Beltline Road between Coburg Road and Old Coburg Road.
Ms. Miller moved, seconded by Mr. Obie, that findings supporting
the rezoning as set forth in Planning Commission staff notes
and minutes of August 11, 1981, 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. Roll call vote; motion carried
unanimously with Ms. Smith abstaining.
Council Bill 2367 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voted aye, except Ms. Smith who abstained. The bill was declared
passed and numbered 18863.
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MINUTES--Eugene City Council September 14, 1981 Page 7
C. Public Works Bid Awards (tabulations attached)
It 1. Sanitary sewer in area between Madison Street and Monroe Street,
from Clark Street to Cheshire Street (1957)
2. Sanitary sewer in area between Lincoln Street and Lawrence Street,
from 19th Avenue to 20th Avenue (195~)
3. Storm sewer on Debrick Road from Rio Glen Drive to Brickley Road
(1946 )
Manager introduced Don Gilman, Assistant Public Works Director, who said the
applicant on Job No. 1991 had indicated that he would like to withdraw that
proj ect. It is acceptable to staff to not award that contract, he said. .
Public hearing was held with no testimony presented.
Ms. Miller moved, seconded by Mr. Obie, to award the contracts
listed under items I-C-2 (Job No. 1957), I-C-3 (Job No. 1958),
and I-C-4 (Job No. 1946) to the low bidders. Motion carried
unanimous ly.
II. ORDINANCES FOR FIRST READING
CB 2368--An ordinance levying assessments for paving and sanitary sewer on
Ingalls Way from the end of the existing pavement to 860 feet
south (79-42).
e Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2369--An ordinance levying assessments for paving and sidewalk on
Willamette Street from Stonewood Drive to 52nd Avenue; and
sanitary sewer on Willamette Street from Marlboro Lane to 52nd
Avenue (79-64).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2370--An ordinance levying assessments for paving and sanitary sewer
and storm sewer within and adjacent to Central Manufacturing
Industrial Park (80-20).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
e MINUTES--Eugene City Council September 14, 1981 Page 8
-...--
CB 2371--An ordinance levying assessments for paving, sanitary sewer,
and storm sewer within and adjacent to Kiska First Addition
e: (80-24).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2372--An ordinance levying assessments for paving and sidewalk on
Martin Street from West Amazon to Center Way (80-27).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2373--An ordinance levying assessments for paving Augusta Street from
26th Avenue to south city limits; and paving 26th Avenue from
Riverview Street to Augusta Street (80-47).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2374--An ordinance levying assessments for paving, sanitary sewer, and
storm sewer on 7th Avenue from Seneca Road to Bailey Hill Road;
e storm sewer on Bailey Hill Road from 7th Avenue to 5th Avenue;
and sanitary sewer to serve the area between 5th Avenue and 7th
Avenue from Seneca Road to Bailey Hill Road (80-53).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2375--An ordinance levying assessments for street paving on Orr Lane
from 19th Avenue to 22nd Avenue (80-56).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2376--An ordinance levying assessments for alley paving between
Friendly Street and Monroe Street from 27th Avenue to 28th Avenue
(80-28).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
e MINUTES--Eugene City Council September 14, 1981 Page 9
CB 2377--An ordinance levying assessments for paving south half of alley
e between Willamette Street and Oak Street from 18th Avenue to 19th
Avenue (80-36).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
CB 2378--An ordinance levying assessments for paving, sanitary sewer,
storm sewer, and pedestrian way within and adjacent to Lacasa
Estate Subdivision (80-46).
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the first
time and referred to the Hearings Panel for hearing September 21,
1981, with panel recommendations to be brought back for council
consideration September 29, 1981. Motion carried unanimously.
Mayor read an information item: The following council bill was read the first
time June 8, 1981, held over from previous Hearings Panels, and is being referred
to the Hearings Panel to be held September 21, 1981.
CB 2317--An ordinance levying assessments for storm sewer north of Cal
Young Road from Fir Acres Road to 450 feet northwest (within and
adjacent to proposed Craviotto-Stratton Subdivision) (80-57).
- III. RESOLUTION AMENDING RESOLUTION CREATING EMERALD CANAL FEASIBILITY TASK
FORCE (memo distributed; agreement under separate cover)
Mr. Lindberg regretted that this item has had to be brought back after council's
initial approval. A series of discussions has resulted in some minor amend-
ments, which will provide additional flexibility and accountability to the task
force. The proposed agreement would now allow the committee to work out the
details of what will be a complex work plan. The first thing on the agenda will
be to develop that work plan. Another change is to allow the committee to
create a structure so that it could raise funds. Another change would give the
committee the flexibility to interview all pertinent parties that they wished to
consult in their deliberations. Finally, the deadline for appointments to the
committee should be changed to October 14, 1981. It is basically the same
document that was approved by the council previously.
Ms. Smith said that she had received letter from people interested in serving on
this task force. It might be appropriate to advertise the availability of
positions to interested people who would like to serve.
Mr. Obie asked if the Army Corps of Engineers would be providing $50,000 for
staff assistance. Mr. Lindberg said that was correct or the committee would
raise its own money for staff. No funding would come from the City. Mr.
Lindberg said they had asked for a work program to be developed in the first 90
days of the committee's operation. It would include a structure, a work plan,
and methodology for funding sources and staffing. The work plan would come
e before the City Council for approval.
MINUTES--Eugene City Council September 14, 1981 Page 10
Mr. Obie asked why the City Council was involved. Mr. Lindberg replied that
e one reason was that the State Water Board gave the County water rights for this
project on the condition that progress be demonstrated. One reason to have
a formally acknowledged task force established by the City and County is to
demonstrate progress. Another reason is that the City Council and Lane County
Commission have approved/endorsed the Emerald Canal in concept. Much research
needs to be done to determine its feasibility.
The task force will be composed of four County residents and seven City resi-
dents. Mr. Obie asked why residents outside the City limits should be appointed.
Mr. Lindberg explained that the water rights are held by the County. The canal
is part of the larger design for waterways in the county. The Springfield
Utility Board has asked to participate because of their interest in developing
energy at Fern Ridge Reservoir should the canal be developed. The canal has
County-wide application.
Res. No. 3577--A resolution repealing Resolution No. 3554 and authorizing
execution of an agreement with Lane County, Oregon, for
creation of an Emerald Canal Feasibility Task Force.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution
with a change in the appointment date (No.9, page 5) to October
14, 1981, and item No.8 should have the word "counsel" changed to
"council." . Motion carried unanimously.
IV. TRAFFIC CONTROL ORDINANCE PROVIDING FOR POLICE, COMMUNITY SERVICE OFFICERS,
e POLICE EXPLORERS, AND POLICE RESERVES TO DIRECT TRAFFIC (memo distributed)
'.
Manager introduced Sgt. Childers.
Ms. Wooten asked if there was a question of the City's liability having an
< ordinance which requires motorists to obey the direction of people under legal
age. Mr. Gleason said that these individuals will be trained. On 1 y a po 1 ice
officer can cite someone. The officer would have to witness the scene and
then issue a citation to the person for failure to respond. The only risk
involved would be if a person would inappropriately give a signal. Les Swanson,
City Attorney, said that if a person were under 18 and were struck by an automo-
bile, the City's liability would depend upon the training that the City had
given the person, not whether he or she were 18 or not.
Ms. Wooten asked about the history of the City in using Explorer Scouts.
Sgt. Childers said that there have been no incidents where Explorers have been
hurt nor have they been the cause of an accident because of wrong directions
that they gave.
Ms. Wooten asked if a motorist had ever debated the authority of an Explorer
Scout or refused to obey the directions given. Sgt. Childers answered they have
been disobeyed on occasions; but it does not happen any more frequently than if
a police officer is giving the directions.
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MINUTES--Eugene City Council September 14, 1981 Page 11
~-
Sgt. Childers said the location would be taken into account when assigning
. Explorer Scouts or others to direct traffic. Mr. Lindberg added that he under-
stands the Explorers are to be used for "light duty." Mr. Gleason agreed and
added that they might be used in the case of a football game.
Ms. Wooten questioned the process of a volunteer filing a formal complaint.
Sgt. Childers explained the process. He said that volunteers would be the same
as for any citizen. Ms. Wooten was concerned about that process. Mr. Swanson
said that the purpose of the ordinance was to authorize volunteers to direct
traffic. . He emphasized that only a police officer would be able to cite someone.
Sgt. Childers said it was not uncommon to have a person this age file a complaint
and start the process.
CB 2358--An ordinance concerning traffic control; amending Section 5.010
of the Eugene Code, 1971; adding a new Section 5.072 to that
code; and declaring an emergency.
Ms. Miller moved, seconded by Mr. Obie, 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.
Roll call vote; motion carried unanimously.
Council Bill 2358 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18864.
e
V. CONDEMNATION AUTHORIZATION FOR PURCHASE OF STREET RIGHT-OF-WAY FOR
ROOSEVELT BOULEVARD PAVING PROJECT (memo and map distributed)
Manager reintroduced Mr. Gilman. He emphasized that this was the first step prior
to negotiations.
Mr. Gilman introduced a slide showing of the route Roosevelt Boulevard westerly
from Maple to Beltline. He requested that council pass the ordinance which
would authorize the commencement of acquiring the right-of-way. He showed the
right-of-way already acquired including land in State ownership that would be made
available when the City was ready to purchase it. The four parcels of private
property in the area were displayed in red. The ordinance would allow negotia-
tions to begin with those property owners. Mr. Gilman said some of the owners
have a hardship situation since the property has been identified. They have
trouble selling or using the property in some cases. Two parcels have existing
houses on them that will be removed when the road is constructed. One parcel
has a garage which will be relocated as part of the project. Funds are budgeted
in the 1981-82 budget to accomplish this right-of-way acquisition. He asked
council to pass the ordinance in order to begin the process.
e
MINUTES--Eugene City Council September 14, 1981 Page 12
CB 2359--An ordinance authorizing the institution of proceedings in
e eminent domain for the acquisition by condemnation of fee simple
title, permanent and temporary construction easements for the
widening of Roosevelt Boulevard from West Beltline Road to Maple
Street; and declaring an emergency.
Ms. Miller moved, seconded by Mr. Obie, 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.
Roll call vote; motion carried unanimously.
Council Bill 2359 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18865.
VI. RESOLUTION REGARDING THE METROPOLITAN AREA TRAFFIC SIGNAL SYSTEM PROJECT
(memo distributed)
Manager introduced Jim Hanks, Public Works.
Mr. Hanks explained the resolution authorizes the City to enter into an agreement
to obtain Federal funding for the Metropolitan Area Traffic Signal Project. The
project is a joint project of the cities of Eugene and Springfield, Lane County,
and the Oregon Department of Transportation, to use Federal Aid Urban System
e funds. The principal objectives are to integrate the metropolitan areals
traffic signals into a master-controlled signal system, to install signals at
warranted locations on the FAU system, to upgrade the existing signals so that
they meet all Federal requirements, and to replace and repair signals to assure
maintenance reliability. The cost of the design phase is $200,000; the City's
share is $8,400. It is anticipated that the total construction cost will be
$1,200,000, of which the City's share is $44,000. The project is budgeted in
the TIP and the T-2000 Plan and is recommended in the Downtown Transportation
Study.
Res. No. 3578--A resolution authorizing execution of Agreement No. 7147,
preliminary engineering agreement, Urban System Project.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
VII. AMENDMENTS TO THE CONDOMINIUM CONVERSION ORDINANCE (memo distributed;
ordinance under separate cover)
Manager introduced Les Swanson, City Attorney, to give a report.
Mr. Swanson explained the council adopted in 1980 a condominium conversion ordi-
nance. At that time the council referred to the Joint Housing Committee the
question of application of the ordinance to non-profit, cooperative housing
.
MINUTES--Eugene City Council September 14, 1981 Page 13
organizations. The Joint Housing Committee has come back with its recommenda-
e tions. These recommendations are now incorporated in these amendments to the
ordinance. The amendments basically apply to housing co-ops already under
Federal aid and bound by Federal regulations. This ordinance permits these
non-profit housing co-ops to go before the HCC Department Director to demon-
strate that there are equivalent Federal regulations already covering them on
those items that are regulated by the City ordinance. It permits the HCC
Director to make a finding that the Federal regulations are equivalent and
thereby avoid double bureaucracy, cost, and expenditure of services. It also
provides for.some fee waivers for non-profit housing co-ops upon a showing that
the fees that the co-ops have paid to the State and Federal government because
of their requirements have reduced the administrative cost to the City because
of not having to regulate. These non-profit housing co-ops will still need a
conversion permit but this allows for a waiver of certain permit conditions.
The unnecessary application of double regulations will be avoided.
CB 2360--An ordinance relating to the conversion of apartment buildings
to condominiums; codifying the provisions of Ordinance No. 18655
adopted by the council on June 18, 1980, into Sections 2.1060,
2.1062, 2.1064, 2.1066, 2.1068, 2.1070, 2.1072, 2.1074, 2.1076,
2.1078, 2.1080, 2.1082, and 2.1084 of the Eugene Code, 1971;
amending Section 2.1990 of that code; and declaring an emergency.
Ms. Wooten asked about the public comment on the ordinance. Mr. Swanson
explained that the Joint Housing Committee had taken a good deal of public
comment and from the housing co-ops. The City Attorney's Office has worked with
e the co-ops as well. Ms. Schue responded that on behalf of the Joint Housing
Committee that they had spent a good deal of time on this issue and had worked
with NEDCO and the co-ops operating on the University of Oregon campus. John
Van Landingham, Legal Aid, has worked with them also.
Ms. Miller moved, seconded by Mr. Obie, 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.
Roll call vote; motion carried unanimously.
Council Bill 2360 was read the second time by council number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18866.
Mayor reminded the audience that tomorrow was election day.
Meeting was adjourned to September 16, 1981.
submitted,
e (Recorded by Beth Conant)
MDG:BC:jw/kb/CM26a1
MINUTES--Eugene City Council September 14, 1981 Page 14
DEPARTMENT OF PUBLIC WORKS
Engineering Division
BID NO.: 6
e OPENED: September 9, 1981
1. Paving, sanitary sewer & storm sewer within & adjacent to STERLING ESTATES SUBDIVISION
(Phase II) (Job No. 1991)
Bidders Contract Cost
AWARD 1. Egge's Sand & Gravel Co. $216,237.24
-2. Wildish Construction Co. $222,919.20
3. H & J Construction Co. $223,737.80
4. Morse Bros. Contractors, Inc. $240,410.90
5. Eugene Sand & Gravel, Inc. $252,889.95
Cost to Abutting Property Cost to City Amount Budgeted
28\ Paving $ 29.50/FF -0- -0-
San. Lat. $ 0.14/Sq.Ft.
San. Servo $190.00/Each
St. Swr. $ 0.08/Sq.Ft.
Bike/Ped Path $ 30.00/Lot
COMPLETION DATE: Augu~t 1, 1982 (60 days)
--------------------------------------------------------------------------------------
tit 2. Sanitary sewer in area between MADISON AND MONROE STREETS from Clark to Cheshire
Streets (Job No. 1957)
Bi dders Contract Cost
AWARD 1. Northwest Excavating $ 4,742.12
2. Eugene Sand & Gravel, Inc. $ 5,949.35
3. Kenneth R. Bostick Constr. Co. $ 6,799.40
4. Wildish Construction Co. $ 7, 180. 77
5. Emerald Excavating Inc. $ 7,256.85
6. McBride Excavating Inc. $ 8,061. 90
7. L. D. Van Over Construction Co. $13,990.80
Cost to Abutting Property Cost to City Amount Budgeted
None $5,690.00 $7,400.00
COMPLETION DATE: October 31,1981 (15 days)
e
BID NO.6
OPENED : 9/9/81
/_.
e
3. Sanitary sewer in area between LINCOLN AND LAWRENCE STREETS from 19th to 20th Avenues
(Job No. 1958)
Bidders Contract Cost
AWARD 1. Northwest Excavating $ 9,859.28
2. McBride Excavating Inc. $11 ,631. 70
3. Wildish Construction Co. $12,107.85
4. Kenneth R. Bostick Constr '-. $13 ,955.80
5. Eugene Sand & Gravel Inc. $15,311.55
6. L. D. Van Over Construction, Inc. $16,196.50
Cost to Abutting Property Cost to City Amount Budgeted
None $11 ,800.00 $19,300.00
COMPLETION DATE: October 31,1981 (15 days)
----------------------------------------------------------------------------------------
__ 4. Storm sewer on DEBRICK ROAD from Rio Glen Drive to Brickley Road (Job No. 1946)
Bidders Contract Cost
AWARD l. Morse Bros. Contractors, Inc. $16,248.50
2. McBride Excavation Inc. $19,556.40
3. Wildish Construction Co. $20,851.20
4. Eugene Sand & Gravel Inc. $21,435.45
5. Northwest Excavating. $22,575.85
6. L. D. Van Over Construction, Inc: $24,243.50
Cost to Abutting Property . Cost to Ci ty Amount Budgeted
None $19,500.00 $31,500.00
COMPLETION DATE: November 1,1981 (15 days)
e
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