HomeMy WebLinkAbout11/24/1969 Meeting
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"I Council Chamber ,
Eugene, Oregon
November 24, 1969
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Adjourned meeting of the Common Council of the city of Eugene, Oregon - ,called to order by His
Honor Lester E. Anderson at 7:30 p.m. on November 24, 1969 - on the Council Chamber, with the
following Councilmen present: Mrs';"HayWard:, fir. Purdy, Mr. McDonald, Mr. Teague, Mrs. Beal,
Mr. Gribskov, Mr. Mohr and Mr. Witliams.
Continuation of Hearing, College Crest Annexation '
Mrs. Hayward moved seconded by Mr. McDonald that the Council proceed with annexation of the College
Crest area.
A report submitted by the State Board of Health indicated this area is a health hazard which can
only be corrected through annexatmon to the city of Eugene. The State Board of Health held a hearing
and, upon appeal from property owners, reaffirmed its original finding. The Council must now
4Ia proceed with consideration of an ordinance to proceed with annexation. Under State law the question
is not whether the Council should adopt an ordinance, but whether to do it immediately.
Mr. Charles Endicott, 450 Horizon Road, indicated by chart the proposed sewer layouts and reduced
areas he p~oposed for annexation. He said the present annexation area encompasses- 232 dwellings,
of which 62 have failing sewer systems. He asked again for more time to attempt to find another
solution, without resorting to annexation to the C~ty. If the annexation is attempting to eliminate
I a health hazard, a larger area, including Spencer Creek drainage area should be included.
Dr. Donald Fox, 880 West 37th, supporting annexation, said the State has established that a sanitary
I problem exists in the whole area and that infectious hepatitis represents a threat, not only to
that area, but to'the city of Eugene as well.
Mr. Leonard Rorer, a resident of the area, felt residents of the area, as responsible citizens,
should welcome annexation as a means to eliminate a health problem.
Mrs. Robert Ramp, another resident, explained the wild beauty of the area, and that installation
of sewers and wide streets will soon spoil its naturalness. In answer to her question concerning
the law under which the City must now pass an ordinance, the Manager read Section 222.900 O.R.S.
which states that the City shall adopt an ardinance annexing territory described. The Manager
indicated that connection must be made 18 months after comple~ion of the system. Mrs. Ramp
suggested the City join with those interested in eliminating pollution in outlying areas, and
request the County to get into the sewer business.
Mayor Anderson commented that the situation in this area is critical, and it is impossible to
wait for such studies to be completed.
Mr. Ted Krauss, 550 Ful Vue Drive, explained that he lived in the country because he liked that
type environment - if he had wished to have lived in the City he would have located in the City.
In reply to Mr. Krauss question, Director of Public Works said it would take about two years to
sewer the entire area.
I Mr. Burns ,of Lane County Health Department said they had been aware of a health problem in this
area since 1965, and that there were 93 failures. They have been concerned each year that the
right combination of events might cause contagious diseases,to spread throughout the area. State
Board of Health found that health hazards existed within the entire area proposed for annexation.
Mr. Glen Love, 393 Ful Vue, said he too settled in tl}ee.area because of its country flavor, but
that he had school age children, and was very concerned for their health. He favored annexation.
4It .. Mr. Truman Wills, 849 Crest Drive, said he had lived there for thirty years, and his property was
acreage, not at all suited to city living.
There was further discussion concerning area of annexation, reasons for necessity of annexation,
and necessity for haste because of hazard to City through drainage of effluent.
Vote taken on motion as stated. All councilmen voted aye and motion carried;
Mayor Anderson thanked the people from College Crest area for coming, and said he appreciated their
forthright attitude. He explained that problems of the city are greater than the sewer system
lor health hazard and that he hoped a spirit of cooperation would prevail to solve them. Mr.
-' Porter invited citizens of the area to work with the planning department to attempt to maintain
the character of this area.
Teleprompter Rate Increase
I _Mr. Ray read the report of the Council Committee report to those present.
Mrs. Hayward moved seconded by Mr. McDonald to adopt the report.
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Councilman Mohr commended members of the committee for the excellent report and procedure followed
in developing the report.
~ Mr. Del Parks, 1848 Moss, asked to report on a statement and, analysis prepared by a student, Mr.
~ j John Morris. Dr. Purdy~ommented that this report had been distributed to the Council previously.
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Mr. Parks showed a chart which outlined items in the Teleprompter financial statement which Mr. Morris I
felt could be questioned, and asked the Council to consider them before granting an increase.
Mr. Art Johnson explained the procedure in preparing the financial statement, that much of the
bookkeeping is 'done in New York~ and that charges made were proper and ~ppropriate.
I The Finance Director said the- amortiza tion seemed reasonable and th-at the firm hjd used acceptable
II accounting practices.
Parks charge that the increase requested was too large, Dr. Purdy said that under
II In answer to Mr.
Ii the franchise, they may increase rates without consulting the City Council. In reply to Mayor Ander-
II sons's question, Mr. Morrison, Manager of Teleprompter, said he felt. the committee recommendations
Ii were very good, and that his reaction to them vas as follows:
Ii They definitely plan to put a connection into Harris Hall and the City Council Chambers
II (a)
'I when they are involved in getting cable into the downtown area. The School Board
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II Auditorium would be a good recommendation, and should be included also. e
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) (b) They will attempt to put into practice immediately charges for apartment houses not to
I exceed standard residential rates.
(c) Regarding future franchises, he was not certain what the committee had in mind, but felt
there was room for improvement and was open to suggestions and discussion.
(d) He had no objection to including advertising in a report of any gross receipts of the I
system.
(e) Mr. Morrison felt a commission to determine development on variety of programs, qua 1i ty
of service, etc., would benefit subscribers and o~rators by bringing to the attention
of the Federal Communications Commission some of the local problems.
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Mr. Morrison expressed thanks tO,the committee for the time and effort put into these hearings.
i A vote was taken on the motion as' stated. Motion carried.
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'I A short break was taken.
Appeal from Planning Commission Action, Temporary Sanitary Refuse Disposal Land-Fill
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The City Council considered this item at its previous regular meeting. Since that time, the
I Department of Environmental Quality has imposed conditions on Lane County for use of this site, and
the County has agreed to accept the conditions regarding type of fill permitted, and testing for
I research purposes. Since type of fill is restricted, the County has requested an additional six
months on the Conditional Use Permit.
:1 After Council discussion, it was decided the Conditional Use Permit could be extended six months,
I if at end of year it was deemed necessary. I
I After further discussion regarding conditions imposed,rMrs. D
Hayward moved seconded by Mr. Mc ona1d
II to extend the Conditional Use Permit for a period of 18 months.
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I: Councilman Mohr, seconded by Mr. McDonald, amended the motion to make the conditional use permit
I: for a period of one year. Mr. Mohr suggested that the permit should be granted for only one year,
II since originally the County had suggested that it might be possible to fill the site in a six month
II period. If, at the end of one'year, the site is not filled, the Council could then extend the
II permit for :S.ix months. -
il V ot e taken on mo t ion to amend. Mo t ion ca rr ied .
11 Vote taken on motion to grant conditional use permit for one year. Motion carried.
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II COMMITTEE REPORT
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II Committee Meeting held November 12, 1969:
II "Present: Mayor Anderson; Councilmen Hayward, McDonald, Purdy, Teague, Beal, Gribskov and
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Mohr; City Manager and staff; and others. ,
I 1. All America City - Mayor Anderson commented that he had made a presentation at the A11-
I! America Cities Award Program. Four or five months after selected cities are visited by
II the jury, a final decision will be made. Mayor Anderson thanked the J.C.ls and the Chamber
of Commerce for their work in submitting an entry for Eugene. I
2. Leaf Pick Up - Mr. Gribskov said there is a continuing problem for citizens regarding
the leaf situation. He said a resident had been quoted $17.00 for pick up of leaves
by garbage collectors. Councilman Gribskov felt something should be done.
\ Mrs. Hayward said she had been told that some conflicting information has been given
concerning pick up of leaves on streets with curbs and gutters, and that some pick up
had been done on unimproved streets. The Manager said a rough estimate had been e
given of what it would cost to attempt pick up on unimproved streets. Public Works
Director said there are a few spots where leaves were picked up on unimproved streets.
i However, the policy has been re-emphasized and they are not presently picking up
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.1 on unimproved streets.
Councilman Mohr had understood the Council had acted to expend the money to go ahead
I with the program. It was his understanding they would pick up leaves on unpaved
I streets. The Mayor said this was not his understanding and the Council had taken no r
official action. Public Works Director wanted to make clear his estimate was merely
I based on a longer period for leaf removal. It would not provide additional equipment.
I In reply to Mrs. Beal he said a new Vacall vehicl~ would cost about $25,000. No
I action was taken.
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3. Use of DDT - Councilwoman Hayward announced the city of Eugene has not been using
DDT fprten months.
I Mrs. Hayward moved seconded by Mr. McDonald to receive and file Items 1 , 2, and 3 of the Committee
repor t. Motion carried.
I 4. Resolution, Federal Defense Expenditures - Councilman Mohr outlined Council action
e at the last Council meeting to defeat this resolution, and moved, seconded by Mrs.
I Hayward to place the resolution objecting to appropriation of federal funds for
I development of the S.S.T. on the next Council agenda. Motion carried.
This item was taken under title "Resolutions"
5. Status Report, Committee Employe Relations - Mr. McDonald reported that the Council Sub-
I committee communicated with Mr. Fraser, chairman of the Council Committee on
Employe-Employer Relations, who will report the progress of his committee to the Council.
Mr. Fraser said the purpose of his report is to outline needs of staff, criteria for
selection of staff and estimated expenditures required to conduct the work of the
committee. Mr. Fraser complimented the Council on sel~ction of the Committee, and
outlined areas for discussion. He explained that the Committee requested permission
to hire Scott Bannister to do research and collation, and perhaps some clerical
help. They intend to conduct dinner business meetings, and would like reimbursement
for mea Is, and mileage for one committee member who lives and works in Salem. Mr.
Fraser said the Committee anticipates holding hearings, and that the cQllation is
well under way. They hope to report sometime in February or March.
In answer to Councilwoman Hayward, Mr. Fraser sa id they proposed 'to pay Mr. Bannis ter
$2.75 or $3.00 an hour.
~s. Hayward'moved seconded by Mr. Gr'illbskov to authorize committee expenses for
I clerical and stenggraphic help, research, travel, meals, up to and not ~Q exceed ~1,000.
City Manager suggested the committee submit a monthly report of finances expended.
Vote taken on motion. Motion carried.
Mr. Patrick Flynn commented on the report, and the necessity for' expediency.
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Mrs. Hayward moved seconded by Mr. McDonald to approve the report. ~n~e~periditure of funds.
Mr. Frank Jackson asked if the Council would be accepting the Committee report at this meeting, and
when the Council would discuss collective bargaining. Mayor Anderson said the Council at this time
only approved expenses for the committee, and would discuss collective bargaining after the committee
submitted its report.
e Vote taken on motion as stated. Rollcall vote. All councilmen present voting aye, motion carried.
Councilwoman Hayward responded to the firefighters request for preliminary meeting to discuss
collective bargaining, s?ying there was nothing new for the Council to consider, and the committee
had been appointed to assist the Council to approach the problem in a fresh way. Mayor Anderson I
agreed that no discussions would be heJd with firefighters until the Council received a report I
from the committee.
I 6. Planning Commission Report, Oc tober 7, 1969 (he ld over)
A. Amendment to Zoning Ordinance to permit sale of alcoholic beverages in ,restaurants
in C-l Zones. Recommended by Planning Commission
Manager explained that grocery stores in C-l District are permitted to sell
packaged beer, but restaurants in the same district are nqt permitted this privil- I
ege. Planning Commission recommended deletion of the word "not" from description I
of restaurant as permitted ,in a C-l zone. I
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Mrs. Hayward moved seconded by Mr. McDonald to amend the Zoning Ordinance as
recommended by the Planning Commission. Motion carried.
The City Manager said mi~utes of the Committee meeting should be corrected as follows:
Section 11.02 - permitted buildings and uses (z) Restaurants, except no drive-ins or walk-ups; II
sale of alcoholic beverages prohibited." Delete wording "sale of alcoholic beverages pro.hibited~!'.'
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Mrs. Hayward moved seconded by Mr. McDonald to approve Item 6 of th~ Committee report. Motion carxied.
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B. Zone Change between 29th Avenue and 30th Avenue on Portland. Decision regarding I'
Traffic Diverter.
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Mrs. Hayward had a question on whether the motion would be to rezone, or approve
a traffic diverlter.
Since the last regular meeting the staff has designed a proposed diverter and
cuI, de sac in Portland Street. Cost estimate for acquisition of right of way
would cost about $6,000. Administration would not recommend this as high
priority expenditure for city funds, but would recommend proceeding only if an
agreement coilild be worked out with benefiting property owners to share costs.
The Planning Commission recommended rezoning be permitted only in the event
a diverter were installed.
Councilman Purdy asked whether the Council could give tentative approval of a
I diverter and rezoning, but withhold final approval. The Manager did not believe
I this would enable the property owners to proceed with development. ~
J Mr. Norman Pohll said it had been recognized for several months a traffic problem
existed on this street, and he felt they should not be,held up because of this.
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After further discussion of traffic problems and possible advantages of rezoning
to third reading at this time, Mrs. Hayward moved seconded by Mr. McDonald to
authorize the city staff to go ahead with plans for a diverter, assuming that no I
general City funds would be used for construction. ,
Manager said the City Attorney is of opinion it would be appropriate in rezoning
which would increase traffic for Council to, insist on condition of rezoning, 'payment
of certain fees to distribute costs for diverter, but the City could not go through
I a reassessment procedure. Cost could be prorated to property owners.'
Inartswer to Mr. Pohll's question, Planning Director said increasing density from
apartments would increase traffic problem in this area. Alternative plans"are
being worked out to alleviate the situation at 29th and Willamette, but traffic on
this street should be diverted in any case.
Vote taken on motion as stated. Motion carried.
Items ~~:~Council Consideration not Previously Discussed:
1. Screen Plantings, SCS Ditch - A question was raised whether the City should screen-plant
this ditch. The Council received a memorandum indicating this would be desirable, but
to establish such a policy 'could be expensive. The Manager suggested that the Council
wait and see what outcome of actual construction is, before making decision on this item.
No action taken.
I 2. Planning Commission Report, October 27, 1969 \
A. Zone Change, recommended - RA to C-2 southwest corner 29th Avenue and Portland (Charles 'I--~
Pressman) Note: This matter was tabled in January, pending Planning Commission app-
roval,of PD proposal. This has now been completed and action by Council is recommended.
A restaurant is to be constructed there.
A recommendation was made by the Planning Commission to take this item off the
I table and Council act on rezoning. This will be considered under Ordinances
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II B. Easement Vac~tion, south of Harlow Road and west of Walnut (Hugo Kriekis) ~
Council will act on this item under "Ordinances". It
I C. Easement Vacation, east of Centennial Loop and north of Centennial 'Boulevard (Par-
menter Pontiac) Note: This involves exchanging location of sewer easements and
I reimbursement for relocation of,phone and electrical installations.
I Council will act on this item under "Ordinances".
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! Councilman Mohr suggested that, due to the late hour, Council suspend order of business and give
I consideration to the matter of a tavern license, which is a pending issue.
III In reply to Manager's question, Councilman Mohr said the only license which should be considered was
I t he one previously considered. (Golden Canary)
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Ii Liquor License Application, disapproved by Police Department - Golden Canary Tavern, 2000 West 11th I--
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II City Manager explained that consigeration of this matter had been held over to this meeting at
I Council request for further information. The staff recommendation is still for disapproval and
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memorandum's have been provided from the Police Department regarding types of problems experienced
I with this particular business. A copy of this memo has been furnished to Mr. Nixon's attorney. A
I letter from the Baptist Church, objecting to reissuance of this license, and copies of advertise-
I ments in the Eugene Emerald indicating hiring efforts by the Golden Canary Tavern, were circulated
i to Councilmen.
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Mrs. Hayward moved seconded by Mr. McDonald that the Council recommend against granting of a license ~
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I to the Golden Canary Tavern.
The Manager read a memo prepared by the City Attorney's office in response to statements made at
the last meeting, which had been distributed to the Council, but sa id Mr. Nixon ,had not received
a copy of this.
Mr. Hale Thompson, who said he had been Mr. Nixon's attorney for two years, went over Police
Department memorandum, disputing some points, and stating that the number of police calls should
not be considered against a tavern, but in its favor, because it shows an attempt to uphold the law.
He asked the Council to consider carefully that they would be denying a man his livelihood, and
explained the difficulties of operating this type business.
In reply to Councilwoman Hayward's question, the Manager said applications for renewal are brought
to the City by the applicant with a block for recommendation of the City Council, which must be
signed.
e Mayor Anderson'said State iaw directs the Council to make a recommendation approving or disapprov-
ing liquor license applications. Police Department recommendation is based upon experience of the
Department with each applicant.
In 'answer to Mrs. Hayward, Assistant City Attorney read a section of Oregon Revised Statutes
regarding recommendation by City Council, and assured Mrs. Hayward that it "asked for a recommenda-
tion," and that the Council was not granting or denying licenses.
I I In answer to Mrs. Beal, Manager said he knew Qf no previous recommendations for disapproval of
renewa 1. There had been some disapprovals recommended for new licenses.
Acting Chief of Police Smith explained that the Police Department was not objecting to the number
of complaints received regarding this establishment, but the nature of the complaints. The attitude
of the management had always caused 9ifficulty,~as far as the officers were concerned.
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After further discussion concerning operation of this tavern and Council concerns, Mr. Mohr suggested
a tempered recommendation, reflecting moral concerns about this tavern operation, and yet not jeopar-
dizing future operati~n along lines the Council hoped would be more parallel to operation of other
taverns in the City;
Mrs. Beal suggested that the Council give no recommendation whatsoever.
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M8yor Anderson felt the Council should take a stand one way or the other. The Liquor Control
Commission had asked the Council for evaluation, in light of community standards.
Vote taken on motion as stated. Motion 'carried.
Teague, Purdy, McDonald and Beal voted in favor of disapproval. Gi:i:bskov, Hayward, Mohr and Williams
voted against the motion. The Mayor broke the tie by voting in favor of disapproval.
The Council then heard only items where people were still present.
I Planning Commission Report of November 10, 1969
Zone Change recommended - M-2 to C-2 northwest corner of intersection of West 11th and Garfield
(Iron Mountain Investment Company) for construction pf retail grocery market.
Mrs. Hayward moved seconded by Mr. McDonald to approve the zone change from M-2 to C-2 northwest
corner intersection of West 11th and Garfield, as recommended by the Planning Commission.
e The Manager explained that surrounding property was all in the s~me ownership, and rezoning would
allow construction of a grocery store to serve the development.
Vote taken on motion as stated. Motion carried.
Planning Commission Report of November 4, 1969
Zone change recommended - R-3 to RP-PD northeast corn~r intersection at East 23rd Avenue and
Wi1lamette Street (Harry Rubenstein) to build medical-dental complex under PUD
Mrs. Hayward moved seconded by Mr. McDonald that the Council approve the zone change outlined above,
as recommended by the Planning Commission.
In reply to Councilman Gribskov the Manager said this property had been granted a permit for access
off Pearl Street, pending settlement between property owners and the City, which has never been
I resolved. At this time, there is no proposal to open this access.
Mr. Otto Poticha, architect for the project, explained that ~his is an area immediately south of all
property being developed as one piece. This would enable development of entire site off Willamette
to medical-dental use, without conditional use permit.
Question called on motion. Motion carried.
e I Upon motion duly made, seconded and carried, the meeting was adjourned to
at 7:30 p.m. in the Counc~l Chamber.
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