HomeMy WebLinkAbout03/08/1971 Meeting
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Coun<;:il-Chamber
Eugene, Oregon
March 8., 1971
Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor
Mayor Lester E. Anderson at 7T:,30 p.m. on March 8, 1971 in the Council Chamber, with the following
Councilmen present: Messrs. Teague:~ Mohr, McDonald, Gribskov, Williams and Hershner; Mrs. Campbell.
Mrs. Beal was absent.
I. Appointments - Mayor Anderson announced appointment to the Plumbing Board of Malcolm Manl5'!Y,
R. K. Livingston, Warner Dallas, Robert Fegles, and Joel Goss, and to the Traffic Safety
Commission of Carl DiPaolo, Albert Peake and Merle Graham.
Mr. Teague moved seconded by Mr. Mohr that the Council confirm appointments as announced by
the Mayor and as listed above. Motion carried.
II. Public Hearing Appeal from Planning Commission Decision, PACT Action for Development Project.
Members of the City~Cillncil have complete minutes of all Planning Commission action pertaining
to this item. Agplication was first made on October 5, 1970, but was withdrawn on October 19,
1970. The application was reinstated on October 29 and scheduled for public hearing December 1,
1970. At this hearing, the Commission postponed action until the question of inclusion of churches
in a planned unit development was clarified. The Commission onece again postponed action at its
January 5, 1971 hearing, because the recently-adopted ordinance clarifj~ng the question of
church inclusion would not become effective until the middle of January. At its February 2,
1971 meeting, the Commission granted preliminary approval to the Planned Unit Development.
On February 11, 1971 David No. Gordon, F. W. Bnunner and W. Green filed appeals from the
Planning Commission preliminary app~oval to the development. A supplemental appeal was sub-
mitted in connection with the three appeals on March 1, 1971 in which nine points were set
forth by the opponents on which their appeal was based. March 8, 1971 was set by the City
Council as the date for public hearing on the appeal. The City Attorney has outlined in writing
and furnished each Council member, the nine points of appeal and the action appropriate for the
Council, which would be to accept the Planning Commission recommendation and deny the appeal, or
accept the appeal and deny the application; or for the Council to modify the recommendation of
the Planning Commission and approve the development with such modifications.
Mr. Otto F. Vonderheit, attorney for the Appellants, said the fi~st issue was the matter of
density, if it is assumed that the application itself was proper. The City Council considered
this problem at its February 8 meeting when it determined that a change in density for low
cost housing under conditional use permit should be reviewed. Mr.. Vonderheit felt the same
issue was present in connection with this application.
Mr. Vonderheit outlined the manner in which the application had been submitted and maintained
that the application had not been properly made under the Planned Unit Development ordinance.
He explained the manner in which density could be determined and that Section 18.07(e) of the
zoning ordinance had not been followed, in that the density of the application exceeded ten
percent over the parent zone on the 3.28 acres. The area of church property, which contains
one acre, could not be used under the provisions of the ,ordinance for semi-public or public
property for inclusion in the calculations. Therefore, only 26 units could be allowed, rather
than the 32 requested by the 9pplicant. The only way the reqiliirements of the PUD could be
met would by by a joint application which covered the full four acres. PACT has no authority
to apply for the acre for church use, and no option has been filed, and the curch one acre
should not be considered as part of the application or part of the acreage for computing density.
Mr. Vonderheit further stated, that there has been no evidence submitted in connection with
the traffic requirement criteria, except by members of the community who have pointed out the
hazards of traffic and the confusion which would be caused there by more traffic into the
dead-end street and the vast amount of traffic on the road. There is no evidence that the
Traffic Department of the City has made a study of this problem.
The general conclusion of the Planning Commission was in error in finding this development
wou~d r~sJJlt _in a stable environment for living for people now in the neighborhood. 271-'
p-ersoD~ ~~g2=~g"~he'pe~iti2~ o~P'?sing thecomplex, and there are now more who are opposed to this
type of constructlon as part" of theIr neighborhood. There is no evidence to support that the
church is really a part of the application except a letter to the architect requesting this
consideration. There is no evidence the church is planning to build or has financing to build.
Mr. Vonderheit felt the people living in the neighborhood who had invested in property and built
there, should be considereq, rather than the needs of people who had probably not even been in
this area six months ago. The people in the neighborhood are very concerned with devaluation
of their property and have employed an expert appraiser who will testify that their properties
would be devaluated.
People in the neighborhood group have found other property which would be available for this
project, and have offered to purchase the site from the Willamette Presbytery so that they
would not be injured financially. They desire to help establish the project, but certainly
do not want it in their area. Certainly, social goals would not be advanced by totally
isolating low income families in an environment of higher income families.
Mr. George Hemphill, Jr., 1750 West 24th, said he is chairman of the Westmor~land Citizens
Committee which was organized for the sole purpose of attempting to prevent the development
of a low rent PUD in the neighborhood. He outlined the possibilities which exist as to
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support the Planning Commission action, and if the project is successful.the property values
will decline because of the incompatible nature to the surrounding neighborhood. If the
Planning Commission action is supported and the project fails financially, historically or
socially, property values of property would decline_even further. If the Council chooses to
find the Planning Commission erred in this project, it will hand the PUD a temporary setback, but
they would go on to find a new site. Mr. -Hemphill felt as citizens of the community, the City
should have their best interests at heart. When people built in the area they were under the
impression a sizeable church would be built on the site.
Mr. Hemphill was concerned that there would be only one exit, which would be on 25th into Chambers.:
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He also argued that proximity to schools was very poor, and that the nearest grade school was
a mile away.
Mr. Hemphill expressed concern that the density was not proper, and that the fact that it was now
legal to toss in the adjoining acre of land should have no .bearing, since that acre had no
relation to the housing project. He again suggested a compromise and that the project could
be relocated. The Committee has located several alternative sties and expressed its intention
to help PAD relocate.
Mr. Fred Brenner, at this point, gave a slide display of houses in the vicinity of the develop-
ment.
Mr. Roy Nelson, 1125 Lorraine Highway, said he had been engaged by the Westmoreland Improvement
Association to look at the neighborhood in question to ascertain whether property values would,
in fact, be devaluated. He had no personal interest, but was-asked for his professional opinion.
He said that, in his opinion, this was a rather small neighborhood with restricted access off
Chambers. He outlined properties in the neighborhood, and said this use would seriously reduce
the value of the whole, and would have a mitigating influence on the more expensive homes,. and
a devaluation on the resale of these properties. The density of the project would be ten homes
per acre, as compared to the 31/3 per acre of those now existing.
Mr. Vonderheit explained to Mr. Mohr that there was no record that the Planning Commission had
calculated density as so many units per acre. He explained his calculations. Mr. Mohr asked if
his argument was not based upon what should be included in the calculation.
In answer to Mr. McDonald's request for clarification of the City Attorney's report, Mayor
Anderson said the Attorney would have a full presentation at a later part of the testimony.
In answer to Mr. Teague, Mr.. Nelson said he was a qualified appraiser.
Mr. Mohr asked Mr. Vonderheit to again explajn-why tQe church acreage could not be used when
calculating density. Mr. Vonderheit explained -tna~Section 18.06(f) was changed in relation
to permitted buildings and uses. The uses originally covered only dwellings. Then Section (a)
was amended to include all uses in the parent zone. Section (f) was added which provided that
an area of ..pUblic or semi-public use could be used to calculate density for residential uses.
Before it was modified, a church could have been built without a PUD. He did not feel a church
would be a semi-public structure. There was nothing in the minutes or 'motion to indicate how
the Planning Commisison 'had made .its computation. It was simply approved without any reference
to density per acre or anything else.
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Mr. Teague askedtfMr. Vonderheit was' basing his appeal on the fact that deasity was incompatible.
Mr. Vonderheit agreed.
In answer to Mrs. Campbell, Mr. Hemphill said his group 'did not object to subsidization of the
the _units for low and moderate income families. To Mr. Teague he said their basic opposition
revolved-around reduction -in property values. He agreed that, if the density was computed on
2.2 acres, they would still oppose the project. One of the objections of inclusion of the
church in the overall computation is that St. Mark's -Church is not the applicant. It did not
sign the application and is therefore not eligible to be included in the computation.
In answer "to Mr. McDonald, Mr. Vonderheit said they were not -involved at all in the question
of objection of low and moderate income persons living in the area. It was a question of
following terms of the ordinances which had been set up and the devaluation of property values.
A short break was taken.
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Mrs. Shirley Houlegard, 1710 West 28'fih, spoke against the proj ect, and said she felt that there
were two sets of rules - one for the Council and one for FHA - and that she felt too many peop~
would be crow.ded into tbi.s. space. She argued that the units would be too small, and those living
in tI:em.would he extre1?ely ~rowded. She said that, in approving this project, the Planning
Comnn_.Ss,lon had proved ltS. blas.
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Mr. Mohr reminded those present that the Council purpose was to find on what grounds .to make
a decision on the appeal. He explained the duty of the Council to question the appellants
very carefully and determine what was the best policy for the City.
The City Attorney indicated that Mr. Vonderheit had submitted his sppplemental appeal in some
detail, and that, in compliance with the ordinance, he had submitted to the Council what the
specifications are, and the Council will have to make findings on each and everyone. The
City Attorney advised the members of the Council that, on the last page of his memorandum,to
them, he has set out possible findings.
Mr. Vonderhit asked that he be provided with a copy of the City Attorney's answer to his
supplemental appeal. The City Attorney stated that this .was not an aBswer, but an outline for
the .Council on matters to decide at this public hearing. He would make a copy available to the
appelants.
Mr. Mohr tried to iilldentify the errors which the Council could consider. The City Attorney
pointed out that there are eight findings which the Council can affirm or deny, and the Council
decisions have to be made on these matters.
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Mr. David Hoffman, Planning Commission member, said he had been present when all testimony
had been taken at all public hearings in connection with the request. Mr. Vonderheit had stated
at all'public hearings that the application was not in order. . The Planning Commission
questioned staff and were assured that the application was in order. Regarding the discussion
whether or not the church land could be considered in calculating density, the Planning
Commission delayed the hearings because they wanted clarification by the City Council in this
regard. The reference to public and semi-public buildings in the zoning ordinance amendment
was intended to include churches. This has been affirmed by the legal staff, and this was the
Planning Commission interpretation of the City Council decision. Thqt acre of church ground
was taken into consideration in calculating density. This is not shown in the minutes as a
definite calculation, but it is a common practice with the Planning Commission, and they are
well aware of the number of units allowed per acre for development of a PUD on RA land. The
density was certainly in the minds of the Planning Commission members and clearly represented
this was within the allowable density of an RA PUD development. It was certainly recorded in
the minutes that the location, design, size and use of the development is consistent'with the
General Plan and meets the criteria established by the zoning ordinance. The Planning
Commission vote was unanimous that the development could be integrated with the surroundings
and that a large open space would be maintained. There would be no traffic problem, as far
as the development was concerned. The development would comply with the intent of the ordinance.
Mr. Pierre Van Rysselberghe said the points delineated by Mr. Vonderheit are based upon density,
but he is actually talking about a defective application. Mr. Van Rysselberghe has supplied the
Council with copies of the Planning Department file, including the application and documents
appended to the application.
In answer to Mr. Mohr, Mr. Van Rysselberghe said'Mr. Vonderheit had access to the file. He
outlined documents which were included'and said there should be no question in the record when
Mr. Mayer signed a letter of intent and it was submitted, that he represented PAD and St. Marks
Church. The original options, which had been extended to PAD were dated October 1, 1969.
Mr. Van Rysselberghe said Mr. Hoffman's comments had been pertinent to density, and that the
Planning Commission had made its computation on 4.28 acres.
In answer to the appellants Article 5, Mr. Van Rysselberghe said the Planning Commission minutes
point out criteria established by the zoning ordinance regarding density requirements of
Article 18. Regarding integration with surrounding area, the manner in which this will be
integrate~ is formally established by plans, descriptions and presentations made before the'
Planning Commission. Regarding traffic, Pages 25 and 26 of the Planning Commission minutes of
December 1, 1970 describe that the development can be adequately served by the present street
system, and that public services can adequately be extended to serve the development. Mr.
Van Rysselberghe pointed out that the record is complete.
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Mrs. Sally Smith, manager of PAD, said the appeal challenging the Planning Commission decision
to allow PAD to build 32 units at 25th and Chambers centers on two points - first, the question
of validity of the application to use this land, which Mr. Van Rysselberghe has answered, and
2nd, whether the housing'development and church are compatible with the neighborhood and can
be integrated, and whether it will be a stable healthful environment for people living in the
neighborhood. The variety of homes, uses and ages nearby make it a good neighborhood. Public
facilities are available nearby to make it an ideal location for families of low and moderate
income. Mrs. Smith showed slides illustrating the variety of housing and other uses in the
neighborhood.
Mr. Hugh Penniston, chairman of the fuard of Directors of PAD, said it is their intention to
respond to human need. Housing is a human need. This is a well-planned project, which will
be compatible with the housing already in the area. FHA has phrased it as one of their best-
planned proposals.
Dick Ives, chairman of Eugene Homebuilders Association, said they fully endorse this project,
and 'feel this could serve as a lesson in living together.
Veola Wilmot,-2160 Fairmount, spoke for Churchwomen United of Eugene, and said they approve the
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proj ect for low and moderate income persons. She was a member of the Mayor's Committee on Goals, I:
and this type housing was seen as one of these goals, and, asa r.eal need of the community. She i
had taken four trips to the site of the proposal, and felt there were only moderate homes in the
immediate vicinity. The Council will have to decide which legal arguments are the valid ones.
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Mr. Jerald King, 1558 West 26th Avenue, said he lives in the area one block from the site. He
and several neighbors support the PAD proposal. Signatur.es procured on a petition supporting the
project were all from persons well within the area in which opponents had obtained their signa-
tures, and represented a number who had previously signed the opponents petition. '
Ken Bylund, 1110 West 27th, said he was not here to speak from his labor position, and that
the Central Labor Council had not taken an official position. However, it has been the position
of organized labor to support low income housing. Many working people in the area would qualify
for this housing, and it was Mr. Bylund's personal conviction to support the proj~ct.
Mrs. Betty Niven, Planning Commission member, said she.realized the minutes of Planning Commission'
meetings were voluminous, and she would have to take exception that the Planning Commission
minutes were not to be relied upon. At the meeting of February 2, minutes from preceding
meetings were distributed so that people who testified could read the minutes and correct them.
No one spoke up and made any comment on errors on preceding minutes. The Planning Commission
has made every effort to make minutes available and give an opportunity to correct them.
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In answer to Mr. Mohr, Mr. 'Hoffman said the Planning Commission intent was that density would be
33 units on gross acreage of 4.28 acres. The Planning Commission was aware of the density it
was talking about.
To Mr. Van Rysselberghe Mr. Mohr directed a question concerning standards in the language of the
ordinance which would speak to the issue of integration and anything detached in character from
surrounding uses, or was this a Planning Commission value judgment. Mr. Van Rysselberghe said
this would be a value judgment made by the Planning Commission. ,The Planning Commission has
given the Council suffic&ent information so that they can make a judgment.
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In answer to Mr. Teague, Mrs. Smith quoted prices estimated per units, and said this would include
the value of the land. As far as responsibility in the future, a commitment will be signed with
FHA which will make the PAD organization responsible as a non-profit corporation. If the
commitment is not met, it will be handled by FHA as with any other non-profit corporation.
In answer to Mn Teague, Mr. Hoffman said the Planning Commission has listened to neighbors and
to citizens who are concerned, and are certainly affected by their comments. Members of the
commission must look beyond the neighborhood and loo~ to the interests of all the people of
the City. This was a tough decision to make, bht it was a unanimous decision of the Planning
Commission. Mr. Hoffman certainly thought the project would benefit the City. From all the
evidence presented, the Planning Commission felt the development would enhance and fit into
the neighborhood and would not detract.
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Mr. McDonald expressed concern with financial responsibility of the Presbyterian Church. Mrs.
Smith outlined the PAD organization, and its record in the United States.
Mr. Gribskov was also concerned, and asked should PAD default on its commitment, what would
become of the project. Would the City have to take it over?
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Mr. Hershner reminded the Council and those present that, in view of the fact he is a law
partner of Mr. Vonderheit, he has withheld any comment or questionmng, and intends to abstain
from voting on this matter.
The City Attorney, in answer to Mr. McDonald's earlier question, said, regarding computation
of area that could be used for purposes of complying with the ordinance for density, streets,
parking areas and other areas were included. It is the practice of the Commission and of the
Building Department that, when plans for development are received, they use the gross area.
It was pointed out by Mr. Hoffman that it was the intent of the Planning Commission to make
it possible to use, for residential density, public and semi-public buildings, in which such
as a church would be included. The appeal is a very legalistic document which sets forth
contentions of the appellant and 'the Attorney has studied minutes of Planning Commission meetings
and has row submitted his comments as to the material and data which the Council received in
the points of the appeal. It is now up to the Council to affirm and approve Planning Commission
action granting preliminary approval of the PACT Action Planned Unit Development or uphold
the appeal of this matter and overrule the Planning Commission action.
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The City Attorney read the appeal challenges 'and findings point by point. He outlined the motion
which should be made if these findings were approved by the City Council.
In answer to Mr. Teague, he said there was no question that computation of the number of
allowable units should be based on the 4.2 acres, which includes one acre on which St. Mark's
Church will be built.
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Councilmen queried the Attorney on many of the points in detail. The Attorney pointed out that
the Council function was to hear the appeal and make its decision. If the action of the Planning
Commission is affirmed, the entire matter goes back to the Planning Commission for its close
supervision, and staff will see that all requirements of the zoning ordinance are complied with
in the development of the project.
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Councilman McDonald said he felt this was a good project ~ and that the Planning Commission had
assured the Council that it would be a wellpplanned development. Mr. McDonald expressed concern
that persons with incomes under $3,000 shouilidbeprovided for. _ Mrs. Smith explained that the
income limit was $~,OOO,_but 20% of the units could be rented..underrent supplement. In these
cases, persons would pay only 25% of their income -in rent.
Mr. Teague was concerned over neighborhood feeling, and said that, in correspondence he had
received, those in favor were not members of the neighborhood.
Mr. Mohr moved secorred by Mrs. Campbell that the appeal be denied based upon consideration of
the presentation of all witnesses and persons who appeared and spoke for and against the proposal
at the Planning Commission meetings of December 1, 1970 and February 2, 1971, as appears in the
minutes of these meetings furnished to the City Council and based upon the information submitted
to the City Council this evening, both by proponents and opponents to the application for a
Planned Unit Development, the City ~uncil finds and determines that the proposal-conforms
to the applicable criteria and standards of Ordinance #15158, and approves all the findings and
the action of the Planning Commission granting preliminary approval to the PACT Action for
Development of Planned Unit Development as shown on Page 25 of the minutes of the Planning
Commission of its meeting of February 1, 1971. '
Messrs Teague Gribskov and McDonald voted against the motion. Mr. Mohr, Mr. Williams and
Mrs. Campbell voted in favor. The tie was broken by Mayor Anderson, who voted in favor. Motion
carried.
Mayor Anderson explained that Eugene has long been dedicated to a housing policy spelled out by
a resolution adopted by the Council a number of years ago, and it was his feeling this plan, as
presented, was a fulfillment of that policy. He thought judgments of the Planning Commission
were sound, based on arguments presented to them, and that there had been no attempt-to miscon-
strue information or to subtract anything. He believed the project was well-planned, and said
he had high hopes for it. Mayor Anderson was sure the-project would work, because of the nature
of the opposition. This was a neighborhood with a ,lot of pride, and presented with the real
challenge of making the housing policy of the city work, he thought they could do so. This has
been a difficult decision, and the Council hopes that the people recognize that it was done
for what the Council feels is the best for our City.
A short break was taken.
III. Assessment Ordinances, Public Hearing
COUNCIL BILL NO. 9353 - Levying assessments for sanitary sewer in area bounded by 28th
Avenue on the north, Lincoln Street (extended) on the east, 160' south of that portimof Crest
Drive (extended) which lies on the south line of the NW~ of Section 7 Twnship 18 South, Range
4 West, WM, on the south and 400' west of the north/sourfuhportion of Ingalls Way extended on the
west, was submitted and read in full the first time on February 8, 1971, held over to this
meeting to allow proper notice of assessment to be given owners of affected properties, and
brought back for consideration with two written protests on file.
Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill
number only, with unanimous consent of the Council. Motion carried unanimously
A letter of protest was received from Phyllis G. Wald, 2973 Portland, in which she maintained
that the sewer was not close enought to her property to ever be of use. Dr. Schellman
requested a deferred assessment, but his property does not meet the criteria, since part of
the lot has frontage on an existing dedicated street.
An administrative public hearing was held in the City Hall Council Chambers on March 1, 1971
at 7:30 p.m. All involved owners were given notice of the meeting and notice of the- proposed
assessment.
Three requests were received f~D deferment of assessment, and it is the staff recommendation
that this privilege be extended. They are:
Mr., Bushey - $1,842.50
Mrs. Davis - 1,842.50
Mr. Guse 921.25
Tax Lot 7400 18-04-01-4-4
Tax Lot 7200 & 7300 18-04-01-4-4
Tax Lot 7400 18-04-01~4-4
Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall
vote. All councilmeB ppesent voting aye, the bill was declared passed and numbered 16168.
COUNCIL BILL NO. 9354 - Levying assessments for paving, sanitary sewer and storm sewer
within 2nd addition to Churchill Highlands was submitted and read in full the first time on
February 8, 1971, held over to this meeting to allow proper notice of~assessment to be given
owners of affected properties, and is brought back for consideration with no written protests
on file.
Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill
number only, with unanimous consent of the Council. Motion carried unaimously and the bill
was read the second time by council bill number only.
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Mr. Teague moved seconded by Mr. Mohr that. the ,bill be approved,.-and.given finaL,passage. All
Councilmentpresent voting aye, the bill was declared, passed"and 'numhered'.16169. '
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COUNCIL BILL NO. 9355 - Levying assessments for paving 26th Avenue from Madison Street
to Jefferson Street was submitted and read in full the first time on February 8, 1971, held
over to this meeting to allow proper notice of assessment to be given.owners of affected pro-
perties, and is brought for consideration with one written protest on file.
Mr. Teague moved seconded by Mr. Mohr that the bill be reaEl the second time Thy; council bill
number only, with unanimous consent of the Council. Motion carried unanimously and the bill
was read the second time by council bill number only.
A letter was received from Mrs Gladys Haley, 610 West 26th, in which she objected to the cost
of the project. She had been quoted a much smaller figure at.the beginning of the project.
The Public Works Director .explained this project was initiated in 1968, and in that year costs
were approximately $8.50 per front foot. When the bids were let in 1969 the staff reported
to the Council that there had been an increase of approximately 30% and the estimated cost
per front foot would be $11.14. A public hearing of property owners was held July 14, 1969.
They were advised at that time that the bid on the project would be $11.77 per front foot.
The final cost assessment is $11.17, which was well under the estimate. 58% of the property
owners petitioned the project.
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IV.
Bids, opened by Public Works Department March 3, 1971 and February 2, 1971.
February 2, 1971:
1. PAVING, SANITARY SEWER & STORM SEWER
Within Sleepy Hollow Addition; & San
within 160' N & S of Sleepy Hollow
Basic
Sewer
Cost to'Owner
Cost to Ci:t;y
Budg.;:
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On this project, Public Works Director recommended that bid be rejected.
does not wish to proceed at these prices. (This bid was previously read
of February 8, 1971. Bidders and prices may be seen in those minutes)
Property owner
at the meeting
Mr. Teague moved seconded by Mr. Mohr that the bids on the project outlined above be
rejected at the property owners request. Motion carried unanimously.
March 2 " .971.
1. SEWER:
Coburg Road from Willakenzie to
Cal Y \mg
b & D Backhoe Service
Wildish Const. Co.
Salem Sand & Gravel Co.
Devereaux & Pratt
$20,630.65
17,991.75
20 , 815 . 80
26,700.50
14,382.55
16,469.20
17,826.90
23,291. 00
-~-"",_._--.=-
" 5 , QO 0 '. (;) 0 ': ,
(-agree~eu't )
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9,382.55- '25:;50.0'.00
(71-12' Budj ) i
COMPLETION DATE: July 15, 1971
2. SEWER:
Seneca Road from 600' south of
1st, Avenue to SP RR tracks
DgB Backhoe Service
Wildish Const. Co.
Ken Bostick Const. Co.
21,283.96
26,072.00
30,539.20
Lat. 0007611,686.48 1,700.00
Levy 0.005
Serv777.50/3a(3)COMPLETION DATE: June 1, 1971:
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3. Alley east of High Street from
9th Ave. to 10th Ave (reconst)
Shur-Way Contractors
D & D Backhoe Servo
Wildish Const. Co.
6,053.32
7,197,.80
7,234.30
6,053.32 0
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COMPLETION DATE: May 1, 1971
Mr. Teague moved seconded by Mr. Mohr that the bids opened March 2 be awarded to the low
bidder in all cases. Rollcall vote. All councilmen present voting aye, the motion carried. I:
V. Report re: Litigation, Charter Amendment, Collective Bargaining
At ~he last committee meeting the Council was informed the City Charter Amendment regarding
Collective Bargaining had been ruled constitutional and that the City had four days under writ
of mandamus after the Judge signed the order to appoint an arbitrator in the event there were
still items of disagreement. During the period this was before the court the Firefighters
Union and city bargaining team worked quite diligently attempting to find agreement. Since
the Judge's ruling, a real effort has been made to resolve the problems. The Fire~ighters
bargaining team worked co?perati vely with the management ]:)c~l:'g9Jning team and reached agree-
~m~nt .,on a contEilct ~~~.a..~QP"S;~:~~~~.~g_~~~~~~~~.:.~~~:.rpe==e~u!5ligii~~~:~~~~GoI?Te~.have been ' . ..:
, iiis~rlDu.:te'sl'j'to,the, CQ,u1ieEC'pp~jfo:us:J;Yh-':;;..."';stafr're~2bmm~d'~hat ,the City CounCil approVe-"'both'
. th'e-contract a1iCl':';fi1~'~gePackage. .", , '.. ' .,~' .
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The City Manager outlined the contract and its provisions and said that a 6% salary increase
was provided which, added to fringe benefits and other costs, would result in a 7~% total
package. If the Council can accept this contract and the wage package, the Union and the City
would be in a position to present to the Judge evidence that it is not necessary to go to
binding arbitration.
The City Manager expressed his thanks to the Firefighters and to Mr. Mills for their excellent
work in coming to this agreement.
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Mr. Teague moved seconded by Mr. Mohr to authorize .preparation and. signature of an agreement
between the Firefight,t'!!p.s Local 851 and the ci ty'of Eugene.
In answer to Mrs. Campbell, the Manager said staff will be negotiating with AFSCME in the very
near future and with the Police Benevolent Association and the Employe's League subsequent to
that. Staff will attempt to bring the~ budget committee recommendations of all these agencies
and employes not represented. Hopefully, the Council will not find itself in the budget com-
mittee negotiating with any employes or their representatives.
Councilman Mohr acclaimed the beginning of anew era in the city of Eugene employe-employer
relationships. .
Mayor Anderson said this agreement was tesitmony of the fact that collective bargaining, as an
instrument of employe-employer relationships', can be made ..to work, and he hoped that the
good faith of both sides expressed in this casewould.carry oneo He again expressed appreciation
to the firefighters and management teams which brought forth this very significant document.
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Rollcall vote taken. All councilmen present voting aye, the motion carried.
VI. Items to be considered with one motion, after discussion of individual items, if requested.
These items were discussed at committee meetings of February 27, 1971 and March 3, 1971.
*A. :: Re';o~~ndatiOns_ fox _A.lj2'C~tj,O~J Room~ Tax. Comrni ttee
Schola CantGrum - $750.00
Maude Kerns Art Center - $2500.00
Lane County Auditorium Association - $6341.00
HELP - no allocation (not eligible)
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2/24/71 1.
2.
3.
c. 4.
Councilwoman Campbell was interested in this committee and asked how allocations are
ietermin~d. She questioned whe~her allocations could be reviewed and expanded, and
if Council could review minutes of the meetings.
,The City Manager explained the duties and responsibilities of the committee and the
charter amendment it operates under. He said he felt the committee does an .e,xcellent job.
Mrs. Beal moved sepP[ld,ep,py f1;r~.-,:l;19fl!: t.r.at. th?,99uIJ.9L!- i?-pprov~, the recommendations listed
above. Motion carried,. approve
B.
2/24/71
Bicycle Program, Street ~.lq~u~e_- It is prqposed that the loop around Skinner's Butte
Park be reserved for bicycling on June 5, July 10 and August 14 from 9:00 a.m. to
..lr500 p.m. for races and recreation; and on Sunday, September 26 from 9:00 a.m. to 5:00
p.m. for the Eugene Cycling Championship Races. This is a repeat of last fall" s successful
event. Provision will be made for residents to have access to their homes::- _
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Councilwoman Beal asked for a report on progress of the Bicycle Committee. Mr. Drapela
said the committee had met last week and it is working on three projects. He reported that '.j
an areawide meeting had been held recently so that various agencies throughout the County
could coordi,nat,e their efforts and become aware of progress. made in each sector. apprpve
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Mrs. Beal moved seconded by Mr. Mohr to approve the schedule proposed above. Motion carried.
C.
2/24/71
Extension of Variance, Mobile Home, 1790 Hwy 99 N. and 3758 West 11th - Variances have
been granted previously at these locations for use of mobile homes for nightwatchmen.
The locations have been inspected and need verified. Staff recommends approval of a
one-year extension for each.
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Mrs. Beal moved seconded by Mr. Mohr to grant an extension for use of mobile home at 1790
Hwy 99 Nand 3758 West 11th. Motion carried.
D.
3/3/71
. Report, Mayor's Committee to Review Criminal Ordinances df Eugene - Since distribution of
the report, it has been studied by members of the administration, including the City
Attorney, Police Chief and Assistant City Manager. It has also been reviewed by the Muni-
cipal Judge. The Mayor's Committee has met with staff and the Manager and discussed questions
of the philosophy of the commi t,tee 0 recommendations. The Mayor's commi ttee then again
met and discussed items mentioned in its meeting with staff, and is now prepared to report
to the Council.
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Mr. George Platt introduced the me~ers of the committee. He said they were unanimous
in the recommendations .made to the:.Gouncil. He reviewed reasons 'for appoi.ntment of the
committee one and one-half years ago, and the work they have done in their regular
meetings. After long deliberation, they have r~commended that the city get out of
the criminal law business entirely. Thus, the City would no longer be in the jail
business, and would shift to an administrative system. Mr. Platt cited the advantages
of the City going to this system.
Mr. Walter Schafer pointed out that it would be necessary to organize a detoxification
center and outlined plans of the-- Lane COunty Community Health Council for-such'-a center.
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Councilmen discussed the(~~~ort and their pleasure with the work done by the committee.
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Mrs. ~r~e pointed out that the implementation phase of the report could be put into two
1:rt~~ printed in i rri 7'; roC" qre [rOJlJ committee reports
3/8/71 - 7
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(Note: This page should be printed in italics, since it is from committee report of 3/3/71) ii
grouw..s. The matter of detoxification center could ,be handled.,.by one committee and the study j'
committee could continue in an advisory capacity to staff for implementation.
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City Manager said there are some questions regarding someof.the alternatives suggested as
compared to present practices on which staff sees .no sOlutions"at this point. They would
most pleased to have the committee work.in,an.advisory..capacity.withstaff to try to find
a solution that would be administratively possible. and philosophically desirable. He felt
the detoxification center. was. a regionaLproblem.which should..have . city participation.
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Mr. Platt indicated that the implementation of the report should be concurrent with
operation of a proposed Oregon Criminal Law revision now before the legislature. It
was felt the City should have a balanced and well thought out code, when and if the State
passes its new code.
Mr. Neil McNaughton, chairman.of..the.committee.on alcoholism,said.he,concurred with the
suggestions for implementation of a.detoxificationcenter,.and.would.welcome city partici-
pation at this point.
Mr. Mohr suggested perhaps another committee could.beappointedfor the purpose of public
education. An advisory commission could.talk about the problems of ,implementation.
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Mrs. Campbell felt the Council should move.on this report, and that Eugene should become
a leader in this field. Judge Rodman, explained that , although ',noLmentioned . in.. the report,
New York City has implemented such a plan. He had telephoned.the director of that city,
who was quite enthusiastic, and said they had had no major problems.
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There was further discussion about. possible problems of implementation and changes ln duties
in the Police Department.
3.
4.
5.
suggested that Council. action should be to:
A.9<:f?pt the report unanimoll~Iy
Ask the City Manager t'o provide staff. assistance.to come back
with recommendations or comments as to the implementation of the report
Consider the direction as far as support ofa.detoxification center
Ask the committee to continue to serve in an advisory capacity to staff
Thank the committee very much for a good report
Mayor Anderson
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2.
Mr. Mohr moved seconded by Mr. Williams that the Council follow the action set forth
by the Mayor.
Mrs. Kathleen Newcomb, 3580 High, member of the League of Women Voters Correction Committee,
asked .who would have jurisdiction of the jail if the city went out of. the jail business.
Mayor Anderson said this was one of the things that would have to be considered in the
implementation phase.
A vote was taken on the motion as statedJ Motion. carried.
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approwe :'
.' Resolution, Camp Adair - Lane County Council of the Poor requested the Council to consider a
3/3/71 resolution supporting their position that, rather than turn Camp Adair over to the U.S. Inter-
national University of San Diego, it support the Council of the Poor in its request to use
the facilities for housing, educational, vocational, recreational and social needs.
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Mike Toben, 2465 Roosevelt Boulevard, explained that Camp Adair is an abandoned air force
base near eorvallis, and that the Council of the Poor has submitted a plan to develop the base
for the people of Oregon, particularly as an educational facility for the poor people.
Marty Levine, 92 West 15th, said he had investigated this transfer to the International
University, and could find no valid reason for them to receive this property ,as a gift. He
suggested the Council give additional support to the government to withhold transfer, pending
additional investigation. This transaction would not be beneficial to the people of the
State of Oregon.
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Mary Johnson, 2620 Potter, explained reasons the Council of the Poor needed the property, and
that its use by the Council of the Poor for housing would ease some of the housing problems
in the city of Eugene. .
Councilman Williams felt this was a two-part question,
requesting HEW or the Federal Government to reconsider
As far as turning this property over to the COlincil of
City Council policy has been dispersal of housing, and
would be a move in the direction of creating a ghetto.
poor.
the first part being a resolution
transfer of the property to the. USIU.
the Poo~t, Mr; Williams pointed out that
this use by the Council of the Poor
He felt'thjs would be a mistake for the
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Mr. Mohr felt Mr. Williams comments were pertinent.
,ation of the the transfer to the University might be
was not the language of the proposed resolution.
He agreed that a request for reconsider-
useful. However, he pOIDTIted out that
Mr. Teague agreed with Mr. Williams
to the organization from San Diego.
to decide a proper use for it.
viewpoint, and was not in favor of giving this property
He did feel, however, that the City was not in a position
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Mr. Hershner was not sure the. City had .an. interest.,in _this.matter._.Mr. ,Mohr explained that
the Ci ty should have an interest. in having . the .State control, i ts ,properties.
lIayor Anderson suggested, that the.fact., that, the_ facility..would _be used for an institution
of higher learing should be of, concern. to the Ci ty"since- this_ would detract from the
resources of the State.
Vote taken on motion as stated. .. .Motion carried.
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-M~r'YJoli:nson, 2620 Potter, spoke.for the Council of the Poor", and requested that Resolution
1897 be expanded to include a request.. that, the U. S. Lands (Camp Adair) be given to the poor
people of Oregon. She, outlined the things _which create a ghetto, and said that poor people
living together do not create a ghetto, but would be taught skills that they need in order to
control their community and make it viable.
Mayor Anderson asked if Miss Johnson was aware of the contents of the Resolution, and said it
was not an issue of the Council to direct the Department of HEW in its disposition of the
site.
For action on Resolution 1897 see Page 519
of these minutes.
approve
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-- F. Resolution Supporting "Jobs for Veterans"Campaigtl. - Many local employers have. indicated an
3/3/71 interest in cooperating with the Presidential program of a concentrated effort to find work
for returning veterans. State Departmentof'Employment 'is coordinating the Oregon program.
The staff has requested that Council considera a resolution of support for the President's
program, to call attention of employers throughout the Country to the problem of returning
veterans to find work.
Mr.' ~cDonald moved seconded by Mrs. Campbell to direct staff to prepare a resolution support-
ing a program for jobs for beterans.. Motion carried.
for action on Resolution 1898 see Page
520 of these minutes.
approve
G.
2/24/71
State Highway Commission Purchase of Land for State Park fMt. Pisgah) - Councilwoman Beal
introduced Dr. and Mrs. Richard Noyes, who requested the Council to endorse a petition to
the state to purchase a State Park in Lane County in the area of Mount Pisgah. They
outlined advantages of this site, and said that.many other agencies have endorsed the site.
In answer to Mrs. Beal, the City Manager said Council action would be to instruct its
representative on L-COG as to its position in regard to this site. Mayor Anderson suggested
that representatives of Parks and the State could be invited to give the Council further
information. Councilwoman Campbell felt this was a good suggestion, since there are
probably many people in the city who would be interested in this proposal. It was suggested
that this matter be heard at the March 22 meeting. affirm
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. 2/24/71
Eugene Firefighters Request for Public Hearing - Mayor Anderson outlined a request for public'
hearing regarding transfer of city funds to maintain minimwm fire crews submitted by the
Eugene Firefighters Local 851.
Councilmen had questions concerning fire insurance rates and whether or not equipment could
be satisfactorily manned. The City Manager explained that this action will not affect
insurance rates. All equipment will be available for use ,but there is a possibili tyof ''-V(
red;y.ced staff at some times. ,:'Co,gncil agreed this is an administrative matter, andnnot a'
policy matter ,for Council consideration. file
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Request for Human Rights Commission Report on Black Survey ~ Councilman Mohr requested that the
report prepared by the Human Rights Commission concerning the black community in Eugene be sub-
mitted as soon as possible. The Human Rights Commission has just met and is also concerned
about completion of this report. They expect to have it by their next meeting, which is the
end of March. file
J.
2/24/71
Mrs. Beal, Delegate to Conference in Paris - Councilwoman Campbell announced that Mrs. Beal
has been chosen as a representative from Oregon to speak in Paris at the citizens Conference
on' Emji12g the War in Indochina. The City Manager and Mayor said they were very pleased
that ~rs. Beal would represent the State of Oregon. file
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1:2/24/71
Informational Material for Council meetings - Councilwoman Campbell asked whether it would be
possible to spend $38.00 for 1,000 League of Women Voters informationai pamphlets to be
distributed to interested persons at Council meetings. The City Manager said this amount
could be appropriated at this time. file
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L. Dog Leash Law, Revision Request - Mr. Bishop Camozzi has requested that the Council consider
2/24/7lrevision of the leash law as it applies to dogs under voice.control of their owners during
periods of training and exercising. He felt some provision could be made for examination to
allow owners to exercise dogs which were strictly under their voice control.
City Manager pointed out the difficulty with enforcement with any relaxation of the law,
and the problems involved with determining exactly when a dog is within voice control.
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Mrs. Robert A. Steel and Mrs. Eleanor Clancy explained dog obedience training and that
the ordinance, as it is presentl!} written, covers doges in obedience or field
3/8/71 - 9
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training exercise under.. direct.. supervisJ.on . of. handler.
with regard to dog control in parks, some regulations'"are'park"-reguiations"and they vary
according to the parks and facilities in each.
After much Council discussion concerning..problems.with dogs running at large and difficulty
with enforcement if provisions were relaxed,.it was.thecCouncil consensus that no amendments
would be made at the present time.'. The.staffwill study ..parkregulations.. to see if there may
be a necessity.forchange.to.suit,certain.situations. . . file
M. Legislation - Andy Jordan 'reported on .the.progress of legislation previously reviewed by
i 2/24/71 the Council. The bill concerning' OLec has been written to require OLCC to disappcrove liquor
requests according to city recommendation. The bill concerning uses for the Mall appears to
have no opposition. The bill concerning.jury trials has not.been accepted by all cities
and is still being amended. The .bill regarding building . codes has received one hearing, wi th
s011!e opposition. There are many bills regarding.housing.and the Housing Expediter will report
on these in the future. file
N.
3/3/71
Field Burning Workshop, Salem - Councilwoman Campbell reported that Mrs. Margaret Patoine had
requested that a representative attend the air pollution workshop on field burning at 1:00
p.m. March 4 at Salem. Mr. Mohr will attend. file
O.
3/3/71
Committee Meetings, Attendance - Councilman Williams
regarding public appearances. He' had been requested
conflicted with a Committee of.theWhole meeting.
was concerned about Council obl~gations
. to make a speech on public affairs which
file
Mayor Anderson said this was a matter left to the discretion of individual Councilmen.
P.
3/3/71
Policy Regarding Council Resolutions - Councilman Mohr was concerned about the policy of the
Council regarding resolutions, particularly when the vote is not unanimous. He felt the
impact of a resolution would be ambiguous,.if the vote was divided.
Mr. Williams pointed out that the society has adopted.the.rule.of the majority, and this is
appropriate for the Council.
Mayor Anderson~suggested that there nrightbe need for a policy regarding types of extra-
curricular activities on which resolutions were,passed. Perhpas the Council should use
greater discretion regarding types of things on'which.it expressed itself.
Mr. Mohr was concerned that resolutions of this type were passed without any public hearing,
and that perhaps the Council was not always aswell~informed as it could be. Perhaps a new
category was needed - perhaps a memorial would be a better expression of feeling.
Mayor Anderson agreed this subject deserved discussion, and suggested it be placed on a
later agenda. He asked that Council. and staff,reflect on the matter and be prepared to
discuss their thoughts.
file
: Q.
;:3/3/71
Dellenback Breakfast Meeting - Congressman Dellenback will be in Eugene on Saturday, and
would meet with Councilmen for breakfast at 7:30 for discussion of proposed legislation.
Councilmen Gribskov, Campbell, Mohr, Teague and Hershner will be able to attend.
file
R. Progress Payments, Public Works Department
CH2M, Inc.
70023 - 8th - Sewage Treatment Plant Expansion
3,584.79
3,584.79
ere!i..p"Construction Co.
70073 - 1st - Sanitary sewers in Oakmont Subdivision
4,820.40
4,820.40
D & D Backhoe
70076 - 1st Sanitary Sewer on Cleveland from 24th to 25th
1,402.20
1,402.20
Eugene Sand & Gravel
70038 - 4th - Paving, sanitary & storm sewers within
A & B, Hutchison & Hol ton Subdi visions 308.31
308.31
Shur-Way
71002 - 1st & Final - Sanitary sewer reconstruction Fairmount
Blvd. - Birch to Rose Lane 4,964.47
4,964.47
Teeples & Thatcher
69050 - lGth & Final - Crescent Avenue Trunk
10,000.00
10,000.00
Todd Building Co.
70049 - 8th - Sewage Treatment Plant Expansion
8l,fJ85.46
81,585.46
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Wildish Construction Co.
70070 1st Reconstruction of sewers btn Pearl & High
from 8th - 11th
71001 - 1st & Final - San. Swer 405' north of 11th
frOm Terry to 250; east.
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31,964.15
1,898.ee
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Wi1dish Construction Co. (cont)
71501 - 1st - Celeste Campbell East Court
Paving G Retaining Walls
S. F. Wilson
69001.~ 18th.-:Eugene Over Park
3,401.11
37,263.26
3,251.33 3,251.33
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TOTAL NO. OF CONTRACTS 147,180.22
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Approve
:..~ W4RRANT NO
S. Bills for period February 22, 1971 through March 8, 1971 were presented and read:
;)[1. o.
"",""" v
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10.5 O. I
2.50
2.50
J.i
Ilo.OO
21.00
5.00
5.00 .
5.00
5.00
12.00
7.50
'0.00 .
5..00
11.50
. ..-"U_._
wAYNE IRVIN '~IEK
EI.K3ENE OREGON
',.~9,00
...RDER or
~9 IWl \ '\
:33.990 MAR 'l'\\
10.00
NORTHWEST DISTRICT AAHPER'-
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Ida NIITI 0 NAL TECHNICAL INFORMATIO~3.991 MAR 'l l' 30.00
SERVICE
SPRINGFIELD VIRGINAll 22151
29.20
HE~YpLOWRY.F I NE CAMERAS 33.992 MAR ~ l'
101 EAST BROADWAY
EI.K3E lIE 0 RE GON
"'''~-'' ........." 3 3.993 MAR ~"
.. ... . DIRECTORIES
P 0 ox 14417
TAWA F:LORlDA 33609
LEMEUL. Me KI~IE 33.994 MAR ~'\\
EUG DE .OREGON
OOY D MATTOON 33.995 MAR ~'1.\
EUGEfE OREGON
, MAR
JIM MC GILVREY 33.996 ~ l'
EUGENE OREGO N
E ICO EEECTRONI C INSTRlIoIEl'lT CO. I No.3 3.997 MAR ~ '\\
WBE-TEST-OATAOIV
1744 ROSKAWAY AVENUE
HEWLETT N. Y . 11557
19.95
18.B7
13.lo8
300.00
40.86
CITY IF EI.K3ENE
POll CBl: DEI' AR n.tENT
EUGENE OREGON
33.998 HAft ~ l'
21.00
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JOHN TABOR
1689 MC.KINLEY ST
EUGENE OREGON
.f t
33.999 MAR ~'\\
50.00
"-593.5 6
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:.00
593.56
r.j "'AIIR"'''',' NO
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RANDY n.ETCItEII .00 H._____P
WI LCIOJ Il[AN lOX 59
UNIVERSITY OF OR[QDN
EliJEN[ otlf:QON 91403
JIU STIlATlUN
21U5 POTTER
EUGDlE OtlEUOH 9~
L I OND. COI.OMR
.. . 121M
EUCENE: OIlE8D"
FRANC IIOMI S
138T ACORN PMK Sf
[UQ[III[ OIlf8IJN
MIIC[ Me YIItllm
1048 III 1ST
FIIINIlf'IEU> Ofl[QDN "",
Tall dYERS
P.O. llOJl 2803
EUGEl'€ oamora 91a2
89Il (ISll!V
tG24 UNIVDtSOTV
~ Olltcma !'71W3
1W~
363 LlNDliLi III ., .-4
SPill_lEU) ooteN 97fin
8GB iUOHlL.1lll
38fO K'NDAOD
IUKNE Oftttlllm ~
JlltfN 1UE1lD
4MO fOx JtOLU.l9 !!OJl9
ltUIliUI!l: 0Il~ ~
M\1DD~
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.6S5 I"OUC 01
IDJGl ~ Cll!tGG>a
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GIO [ .sm AWl
fll8EN[ _eN f]"~O
OA~ ImUCi1t
!IT "1 BOll!! I~O &9
EUUIliE GIl[~
()(I1UQ ~!GOO
2202-3 PI' 'il't'EQt5:'J
~ OR[e!l1!l ~,~
8Cl6 l'ETYnR
laGon PC'B'l'm ~. "
EUGE\IlE OREOON 9nOO
GltWOI MI~
2l) i t\ I!1J{
EUGtl1E 0REGlJ1\!
. --:.~ (! ~ "fiJ;L.,.Q
3l\:n3--'l\lro1\,'- . . ,.00
""i,,--')h~T' 1
_ nn
JEFF f1PHINStoN
2089 I"OTTEfl
EU8CN[ _GOO
>.WI T HIl'fWAftO
1410 E 20nt
EUGENE Ol\EBON
PATTIr ~Ar:of
2154 EMERM
EUGIR 0 IIEGON
STARUY MASON
33'10 HAItItIS
EUQ[1t: OflEQUN 91405
RICtWlO PEAIICE
14ft K'NCAIO
EUlIEN[ OftEGOllJ "!103
JIM ottI€R
1685 POLK
EulEhE ORACH
ItICHAtlD A JACOhON
"I E 15TH Aft
EUll[~ OftEOON 91401
IiOI .. AGE
SOTS I€CTM "AT
EIJI[H[ OR(QON 9'405
LEt: 9UNI1Il
405 E 14," tlII. IS
EUSENE OREGOft 9'M01
L " SM'OEll
I" 0 DOl 1384
EUGENE OREGON 9'401
LIONEL COLEUM
430 " ,lmt
EUGEl'€ OREGON
ODell 1 SMYERS
2530 SHAftOI\l WAT
[\laENE OftEalN.9'1401
TONY CDUlYIlO
mo SORREl. \!AT
EISENE OflEeoN 9101
to.. lolTP 5
P. O. 1101 2803
f.\lQtNE OIl[Ql))l
....,.
-,
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Minutes of the meeting of February 22, 1971 as circulated, were. approved.
Request for authorization of exchange of property (EWEB) Relocation of Chase
Bridge in vicinity of Walterville Power Plant
Segregation of Assessment,Minor Subdivision on. Golden Gardens Avenue (Don
House Property )
Liquor License Requests, approved by Police Department
1. RMBA - Papa's Pizza - 1700 West 11th (new)
2. RMBA - Carl's Restaurant, 2360 West 11th (new)
3. PB - Orchard Street Grocery, 1697 Orchard (new)
4. DB - Cathay West, 165 West 11th (change ownership)
5. DB - World's Fare, Valley River Center (greater privilege)
i'
.,
!I
',I
II
,i
approve,
approve
approve
approve
;1
I ~
Mr. Teague moved seconded by Mr. Mohr that the Council act as indicated to accept, approve, affirm
or file tPi items listed above. Rollcall vote. All councilmen present voting aye, the motion carried,
e
i'
I'VII.
'I
I.
I
),
Items not previously discussed - Because of the lateness of the hour, only the items on the agenda
for which people were in attendance, or which were of a critical nature, were heard.
A.
B.
Lease Renewal, City-owned property - postponed
Planning Commission Recommendations - postponed with the exception of No.2. which follows:
2. Approval recommended, Annexation (Orendurff); Bertelsen Road between 11th Avenue and
18th Avenue. 1.53 acres
Planning Commission also recommended annexation for Tax Lots 600,700,900 and 1000,
in view of the fact that the City has had a request for annexation of Tax lot 800 and
an indication of interest in annexation of Tax Lots 600 and 1,000, and due to the
fact that annexation of said lots would leave Tax Lots 700 and 900 as islands.
This recommendation should be forwarded to the Boundary Commission for consideration.
I
For action on the Resolution forwarding this matter to the Boundary Commission, see Page 519
C. Temporary Appointment, Protem Judges - postponed
D. Distribution of Trespassing and Referral Selling Ordinances, setting hearing date - postponed
E. Sale of City-owned lot, State Street NDP; $1100 plus assumption of sewer assessment.
i:
!:
,
'1
I,
II
II
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Initial proposals were received from property owners and tenants being displaced in the
Danebo Neighborhood Development Project on March 1. Only one proposal was received
during this preference period. It was reviewed by the Renewal Agency, which recommended
acceptance of the offer by the City Council for sale of the parcel to Mr. W. P. Harding.
City Manager agreed with Mr. McDonald that this was an exceedingly low pnnce for thi~
parcel of ground, but said it was the policy to offer the property first to those in the
area being displaced. If no offer was made during the preference period, it would be
opened for public bid. He explained that assessments on the property would have to be
paid, in addition to the price offered.
I
In answer to Mr. Hershner the City Manager said the amount offered was the appraised
price of the property.
Mr. Teague moved seconded by Mr. Mohr that the Council. accept the offer of Mr. W. P.
Harding for a lot in the State Street NDP for $1100 plus assumption of sewer assessment.
Rollcall. All councilmen present voting aye',the motion carried.
ORDINANCES~
e
COUNCIL BILL NO. 9353 - Levying assessments for sanitary sewer in area bounded by 29th Avenue on the
north, Lincoln Street(extended) on the east, 160' south of that portion of Crest Drive (extended)
which lies on the south line of the Nwi/4"of-Section 7 Township 18 South, Range 4 West, WM, on the
south~ria:~~ff0"-~est of the north/south portio~ of Ingalls Way extended on the west, was submitted and
read in f~ii-the first time on February 8,1971, held over to this-meeting to allow proper notice of
assessment to be given owners of affected properties, and brought back for consideration with two
written protests on file.
Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number
only, with unanimous consent of the Council. Motion carried unanimously.
A letter of protest was received from Phyllis G. Wald, 2973 Portland, in which she maintained that
the sewer was not close enough to her property to ever be of use. Dr. Schellman requested a deferred
assessment, but his property does not meet the criteria, since part of the lot has frontage on an
existing dedicated street.
I
Three requests were received for deferment of assessment, and it is the staff recommendation that this
privilege'be extended. They are:
Mr. Bushey - $1,842.50
Mrs. Davis - 1,842.50
Mr. Guse 921.25
Tax Lot 7400
Tax Lot 7200 & 7300
Tax Lot 7400
18-04-01-4-4
18-04-01-4-4
18-04-01-4-4
e
3/8/71 - 17
.....
6..19
e
3/8/71
II
'I
II Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage.
i~ All councilmen present voting aye, the bill was declared passed and numbered 16168.
COUNCIL BILL NO. 9354 - Levying assessments for paving, sanitary sewer and storm ,sewer within 2nd
addition to Churchill Highlands was submitted and read ~n full the first time on February 8, 1971, held
over to this meeting to allow proper notice of assessment to be given owners of affected properties,
and is brought back for consideration with no writt~n protests on file.
Rollcall
- ff
II
vote.!:
,I
Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number
only, with unanimous consent of the Council. Motion carried unanimously and the bill was read the
second time by council bill number only.
Ji
,
"
I
':
Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. All council-
men present voting aye, the bill was declared passed and numbered~~l~~~~.
COUNCIL BILL NO. 9355 - Levying assessments for paving 26th Avenue from Madison Street to Jefferson
Street was submltted and read in full the first time on F~bruary 8, 1971, h~ld over to this meeting to
allow proper notice of assessment to be given owners of affected properties, and is, brought for consid-
eration with one w~itten protest on file.
e
Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number only
with unanimous consent of the Council. Motion carried unanimously and the bill was read the second time:
, by council bill number only.
A letter was received from Mrs. Gladys Haley, 610 West 26th Ave., in which she objected to the cost of
the project. She had been quoted a much smaller figure at the beginning of the project.
I
The Public Works Director explained this project was initiated in 1968, and in that year costs were
approximately $8.50 per frontfoot. When,the bids were let in 1969 the staff reported to the Council
that there had been an increase of approximately 30% and the estimated cost per frorrfoot would be
$11.14. A public hearing of property owners was held July 14, 1969. They were adivsed at that time
that the bid on ,the project would be $11.77 per front foot. The final cost assessment if $11.77, which!
was well under the~_timate. 58% of the property owners petitioned the project.
I Mr. Teague moved seconded by Mr. Mohr that th~ bill be appr?yed and given final passage. All council-
men present voting aye, the bill was declared passed and numbered 16170.
COUNCIL BILL NO. 9374 - Vacating a portion of cul~de sac on Lambert Street (Kelso) was submitted and no
"~~~
counCl~men present requesting that the bill be ~~~~in full, it was read by council bill number only.
Mr. Teague moved seconded by Mr. Mohr, that the bill be read the second time by council bill number
only, with unanimous consent of the Council,and that enactment te considered at this time. Motion
carried unanimously and the bill was read the second time by council bill number only, and considered
for enactment.
Mr. Teague moved se60nded by Mr. Mohr that the bill be approved and given final passage. Rollcall
vote. All councilme~'present voting aye, the Dil~' was declared passed and numbered 16171.
-....---- ~-~
, COUNCIL BILL NO. 9375 - Providing for prohibition of vehicular traffic in Eugene Pedestrian Mall, pro-
:1 vldlng for lssuance of permit and penalty, and declaring an frvergency was submitted and no councilmen
present requestiEg that the bill be read in full, it was read by council bill number only.
I
Mr. Teague moved seconded by Mr. Mohr, that the bill be read the second time by council bill numR~rl,
only, with unanimous consent of the Council, and that enactment b,e considered at this time. Motlon
carried unanimously andfue bill was read the second time by council bill number only, and considered
for enactment.
'I
. II
Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16172.
e
COUNCIL BILL, No. 9376 - Calling public hearing April 12,
(~choo~ Dlstrlct) was submitted an no councilmen present
was read by council bill number only.
/'
1\
197r re Vacation of a portion of Pearl S~reet
requesting that the bill be read in full, it
"
11 /
I Mr. Teague moved seconded by Mr. Mohr, 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, and considered
for enactment.
Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting ay~;, the bill was declared passed and numbered 16173.
>J
RESOLUTIONS
I
RESOLUTION NO. 1896 - Initiating minor boundary change for annexation to the City of Eugene, and re-
rerrlng to Boundary Commission (Orendurrf) was submi tted .~~=
Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted.
)i
It
Motion carried unanimously.
RESOLUTION NO. 1897 - Expressing concern regarding transfer of U. S. Lands (Camp Adair) was spbmitted.
Mr. T~ague moved seconded by Mr. Mohr that the resolution be adopted. Motion carried unanimously.
e
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3(8/71 - 18
"'lII
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RESOLUTION NO. 1898 - Supporting,the effort to.find_suitable work and employment for veterans of
the Vietnam war was submitted.
Mr. Teague moved seconded by Mr. .Mohr.that the resolution be adopted. Motion carried unanimously.
RESOLUTION NO. 1899 - Abatement of dangerous ..building located at 2054 ~Wisconsin Street, was
submitted.
Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Motion carried unanimously.
RESOLUTION NO. 1900 - Abatement of dangerous building located at 2246 Minnesota Street, was
submitted.
Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Motion carried unanimously.
e
Resolution No. 1901 - Authorizing Mayor and Recorder to execute agreement between the City and
Southern Pacific Transportation Company, Eas submitted.
The City Attorney explained the agreement Southern Pacific had approved and submitted, which had been
approved by the Public Works Department, giving _ the right to construct an 81t pipeline under a railroad
track. This resolution authorizes signature of the agreement.
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Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Motion carried unanimously.
RESOLUTION NO. 1902 - Authorizing City Manager to execute lease agreement between City, State
and Mrs. Lyris Vok Witzig was submitted.
This agreement applies to land east of the Bavarian at 3rd and Ferry which has been leased to
the Witzigs for the past ten years. The City has kept title to it because it maybe needed in the
future for necessary street right of way. It is used for parking and kept in very nice landscaped
condition, which is a good arrangement for the City.
Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Motion carried unanimously.
RE36LUTION NO. 1903 - Transmitting to Planning Commission requests for change of zone and calling
public hearing April 6, 1971, was submitted.
Mr. Teague moved seconded by Mr. Mohr that the resdffiution be adopted. Motion carried unanimously.
Upon motion duly made, seconded and carried, the meeting was adjourned to March 22, 1971.
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Hugh McKinley
Ci ty Manager
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