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HomeMy WebLinkAbout05/24/1971 Meeting 591 - e 11 II I Council Eugene, May 24, Chamber Oregon 1971 I I " Adjourned meeting of the Common Council of the city of Eugene, Oregon was called to order by His Mayor Lester E. Anderson at 7:30 p.m. on May 24, 1971 in the Council Chamber, with the following Councilmen present: Messrs. Teague, Mohr, McDonald, Mrs. Beal and Mrs.: Campbell, 'Messrs.' Gribskov, Williams and Hershner. I. Proclamation, Results of Election of May 20, 1971 - City Manager read the pro.clamation setting forTh 'the voting by precincts and the results of the election. There was no one in the audience who wished to discuss this matter. Mr. Teague moved seconded by Mr. Mohr to approve the proclamation as read. Motion carried. Councilman Mohr read a Resolution suggested by him whi~h recommended authorization of appointment of a, special commission to carry the text of the results of the ele,ct,ion on Measure 52, "Advisory vote on Southeast Asia war withdrawal," to Washington, D. C. Mr. Mohr felt this would be a good mechanism for dealing with the results of the election. I' Ii jl II , II Counciltri~~)McDonald expressed a desire to have time to consider this suggestion, since the Council III had not been aware of it until now. , I :' Mayor Anderson felt the Council should decide on the direction it wants to take,. and should have 11 time to make this determination., Councilmen Teague and Beal agreed. ii :i Mr. Mohr moved seconded by Mrs. Campbell that the Council ado.pt the resolution outlined above. Councilman Mohr said he would be willing to hold over discussion on the resolutimuntil the committee meeting. Mayor Anderson suggested that, in the meantime, Mr. Mohr could consult with other members of the Council for their ideas. Mr. Teague moved seconded by Mr. McDonald to table the motion for further consideration. Motion carried. II. Appoiritment -' Mayo.r Anderson announced the appointment of universi~y student Robert L. Edwards to the Human Rights Commission for a term expiring January 1, 1974. III. Public Hearings A. BUaget Hearing, 1971-72 - This time was advertised for public hearing pn the entire budget, not just the amount outside the 6% limitation. Copies of the budget are available in the Finance Department for interested persons. There w.as no discussion on this matter, and no action taken. ii II I, I' ,I II :' , " " ii " :i [I Ii Manager. requested suggested May 27. All others agreed Councilmen to set a date for the ne~t budget committee meeting. He Messrs. Hershner and Gribskov indicated that they could not be present. to this time. Councilman Mohr questioned the precedent for calling back the entire budget committee. Manager agreed that legally, the Counci~ cou~d make cuts itself, but that it had been an established policy to include lay members in this process. Mr. Mohr agreed that this was good, but had simply been interested. B. Phase II, ,Danebo Neighborhood Development Plan:'- (Minutes of Committee meeting of May 12, 1971) - Theron Rust of the Eugene Renewal Agency explained requirements of the Department of HUD provide that each NDP Urban Renewal Plan must be adopted for each project before a contract may be issued for assistance. The renewal plan for the second phase remains identical to that adopted the past year. A public hearing must be called for opinions for or against the project. Mr. Rust outlined objectives of the plan and answered questions asked by Councilmen. He explained that the citizens committee which was formed before renewal began is still active and approved this application. Resolution No. 1929 - Approving urban renewal plan and feasibility of relocation for neighborhood development of the Danebo Neighborhood Program (ORE A-4) was submitted. (At the public hearing of May 24.) Mr. Teague move.d seconded by Mr. Mohr that the resolution be adopted Mr. Theron Rust of the Eugene Renewal Agency explained the nece2sity for a public hearing on the Danebo Plan and that it was identical with that adopted a' year ago. He outlined accomplishments of the last year and pointed out that nine par~~ls had been acquired for park development. '11\ Councilman McDonald asked who had purchased the property for park development and was informed that this had been donated by the Renewal Agency. It was pointed out that t~~ budget appropriation was for development of parks. ~ 5/24/71 - I I 11 I' I ~ ~ I ,. Honor II 'I , \1 ,I :f I, <I ;1 I' " :i " 'I II I' ,I Ii i: I I; I e I :, ii I' :1 II ;1 I, I II II !I I 'I Ii II 'I I' [I ii II " I' II ,I " 'i II I il Ii ;1 :i e ii II :j Ii " iI I II I i' :! I' ,I '[ I, " ;1 e e "lIII S0~ 5/24/71 I e I I e I e i II !I II 'I I I Vote taken on motion as stated. Motion carried. C. Continuation of Hearing, Appeal from Planning Commission Preliminary Approval of Fairfax North PUD - Public hearing was held at the meeting of May 10 and continued to permit a report 'to be made on traffic counts on Bailey Lane. Traffic Engineer has prepared a report. II II I Just prior to the Council meeting a letter was received from Mr. Larry Brown in which he withdrew his appeal. He made it clear that he was speaking only for himself, and that he felt the merits of the appeal should be considered by the Council. I II i I ! I 11 JI II It Ii ,I r [I !] I 1 I I I I I 1i I' Ii 'I I: II i I I II I i I J if I, ,I r Ii !I II 11 II II Ii Ii \1 ': I:" 'I II ~ I 'I Ii I II Ii I! II I' 'I I I I I Ii II /1 'I I Ii " Mr. Teague moved seconded by Mr. Mohr to uphold the Planning Commission recommendation to approve Fairfax North PUD, Preliminary. I II Ii Ij II In answer to Mr. Hershner, Traffic Engineer said the traffic count had been taken between the Junior High School' and Coburg Road. . It wasindicati ve of traffic to and from uoth schools in the area. Vote taken on motion as stated. Motion carried. D. 5/19/71 Planning Commission, May 4, 1971 Zoning between River Avenue, River Road and Belt Line Road, from Coun~y ACT to City M-l SR - The area now has mixed land uses. At a meeting between Lane County Planning Conmlission and Eugene Planning Commission it was concluded that much of the property was not sui table for residential use, but that industrial uses should be controlled for the protection of other uses now in the area. For this reason, si te review was recommended. I I I I I II II II 1) Ii i i II 11 il il 1( I, Ii I \ Mr. Williams moved seconded by Mr. Gribskov to appil'ove the Planning Commission recommendation. Motion carried. Council Bill No. 9414 - Rezone to M-l SR area located on the north side of River Rqad and south of Beltline Road was submitted, and no cOuncilman present requesting that it be read in full, 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 enactmeI).t be cons.idered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. 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 16214. Mr. Frank Bonson said he had made application for a Rolladium on this site and was concerned whether, with this zoning, a conditional use permit would be required. He was informed that rolladiums are conditional use in any zone and one would be necessary. The Planning Commission could make the final decision on a conditional use, unless there was an appeal. E. Planning Crnmmission, April 19 (diseussed at Council meetings of 5/5/71 and 5/10/71 and held over to this meeting for further consideration) Establish Policy Regarding Government Agencies Subject to Zoning and Building Codes The Planning Commission recommended to the City Council that the power conferred by enabling legislation in the 1969 legislature, which provides ~hat all govern~ mental agencies except federal are subject to local zoning and building code regulations be accepted. This recommendation was based on an opinion from the Attorney's office that the Planning Commission should take some action to acquire this authority. I I II Ii Ii II II ~ II I I II I ~ Council Bill No. 9415 - Relating to Building Codes, zoning and land use regulations to allp-ll.?lic proper!y withj._n the City, was submitted, and read in _rull.' __"_.. ,_. _ ,'_~~c.:,'~~' .:. _. ,..,-~~~~ 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. 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 numbe~ed 16215. Councilman McDonald did not understand why the Federal government should be exempt from this policy. It was explained that the state and city have no authority to require the Federal government to meet codes. F. Bids, Public Works Department, opened May 18, 1971. ~ 5/24!7L-:-' 2 ..oil "... s~) 5/24/71 e Bidder and Project Contract Cost Cost to Abutting Prop. i Budgeted I . II i! :1 :i I' 11 I! Ii I! " !i " Ii 1\ !i I' i/ II ;' !I :1 I, , I' il ;1 :1 'I " :1 Ii I, I' 1 ii ,: 'i [, " ;! Ii Ii Ii :, " 'I I, ii :\ q !I II Ii Ii 11 ,! i, I: II i :1 I, rI I' I' Cost to City I I' d '1 I, ii II ,I 11 Ii Ii II I' II 'I II II " iI " I' ,I 'I I, I' d !I !) Ii 11 Ii r :1 I , I i I II Ii il II II I " Ii II I, " I: I, " iI I' I I: 1\ Ii It " I: :1 :! " " I, i' II II Ii II il ii II " 'I ): I' ii I' :! " 'I I, Ii Ii Ii ,. I ,I I: Ij II !i II I' 1. PAVING Monroe Street from 38th Avenue to South 750' Devereaux and Pratt, Inc. Wildish Const. Co. Eugene Sand & Gravel COMPLETION DATE: July 15, 1971 Stm $1,168.50 o 28' pvg ....$8.39 FF $10,785.80 11,124.62 11,380. 75 2. PAVING & SANITARY SEWER Within Royal Ann Park First Eugene Sand & Gravel Wildish Const. Co. Devereau & Pratt, Inc. D-A-Tone Const. Co. per lot COMPLETION DATE: Sept. 1, 1971 Per Lot (16) Pvg. $807.39 Lat. 269.11 Serv. 102.87 $1,179.37 Add. 15,385.96 15,958.51 15,966.25 16,903.40 o o 3. SANITARY SEWER 150 feet south of Lorane Hwy from , 160' west of Whitten Dr to Whitten Dr Shur-Way Contractors 2,386.80 Devereaux & Pratt 2,414.80 D & D Backhoe Service 2,746.40 Kenneth R. Bostick 2,869.00 D-A-Tone Const. co. 2.965.00 Fred Stubbert 3,534.00 Wildish Const. Co. 3,559.00 $2,386.80 o o COMPLETION DATE: July 15, 1971 A slide in this area disturbed a sewer line, which must be reconstructed. This will be done at city cost. 4. STORM SEWER Between Walnut St. and Fairmount Blvd from Franklin Blvd to 17th Avenue Shur-Way Contractors 7,428.80 ~ildish Const. Co. 8,222.00 Fred Stubbert 8,390.00 Kenneth R. Bostick' 8,688.20 D & D Backhoe 9,572.60 Crest Const. Co. -9,B6~.00 D-A~Tone Const. Co. ~0,466.00 Cushing Bros., Inc. 11,732.00 Devereaux & Pratt 12,171.00 COMPLETION DATE: Sept. 15, 1971 o $7,428.80 $34,500 (Proposed 71-72 budget) 5. STORM SEWER Between Adams St. and Jefferson St. from SPRR to 6th Avenue Fred Stubbert D & D Backhoe Service D-A-Tone Const. Co. Cushing Bros., Inc. Wildish Const. Co. Kenneth R. Bostick Const. Deveraux & Pratt, Inc. COMPLETION DATE: Sept. 15, 1971 o $39,691.90 $39,500.00 (Proposed 71-72 budget) 39,691. 90 47 , 891. 55 53,683.60 54,000.00 54,649.24 5 7 , 559 . 30 58,769.60 The City ha~ been notified by Mr. Stubbert that he discovered an error in his bid. Therefore, 'he has asked to be excused from bidding. Staff recommends bid be held for further discussion. 6. Bur LDING Airport Car Rental Building Shur.:..Way Contractors 14,992.00 o $14,992.00 $4,000.00 COMPLETION DATE: July 1, 1971 The Airport Manager requested that this bid be denied, since it was considerably over the original estimate and there was only one bidder on the project. Mr. Teague moved seconded by Mr. Mohr that Items 1 through 4 be awarded to' low bidder on each project, Item 5 be held and Item 6 be denied. Mr. Mohr questioned the amount of $4,000 which had been budgeted for a car rental building. It was explained that the car rental lease rates had been increased and a comL~tment for improvement of facilities was made at that time, based on the increased rates. in answer to Mrs. Beal's question regarding the reduction of cost of Project No.4, Mr. Gilmore explained trat it was found that this sewer could connect to the existing state highway system. This reduced the cost of the project from the anticipated amount. Vote taken on motion, Rollcall. All councilmen present voting aye, the motion carried. 5/24/71 - 3 ~ I e I , " I 11 :1 " 'I II " II I, I' Ii ,f '( I. :1 I, I! I' II ,I :) " " II rI , I e II II " iI I. Ii 'I I, !I :i Ii (i e e "'lIII 534 5/24/71 I IV. Item~ tobe considered with one motion, after discussion of individual items, if requested. Items were previously discussed ,at committee meetings of May 12 and 19, 1971. I 5/12/71 A. e I I I I I! II II II B. 115/12/71 I C. ! 5/12/71 I I ! i I I II 'I I I I I j 11 I I I I ! I I I I D. 5/12/71 e E. 5/19/71 I I I I F. 11 Ii 5/19/71 II !j :1 I I ! e I i I I !I Mayor's Advisory Committee.onAging"SuggestedReso1ution - The Mayor's Advisory Committee on Aging has ,forwarded a, suggested ,resolution to be directed to the Lane County Housing Authority requesting allocation of a percentage'of subsidized housing units for the elderly for congregate housing. A recent survey has re~ea1ed a need for a sheltered care program ,for the elderly frail to serve as an intermediate step between retirement and the nursing home or hospital. Provision has been made for such care through national legislation. , I I 1 I Mayor Anderson suggested this proposal be forwarded to the Joint Housing Committee for consideration and recommendation. Councilman Williams agreed that the Council was not in a position to make this request, to the Lane County Housing Authority. Mr. Mohr moved seconded by Mr.. Williams that the Mayor's Advisory be forwarded to the Joint Housing Committee for its consideration Motion carried. Committee request and recommendation. Approve ~ Urban Renewal Plan, Second Phase Danebo NDP (See Page 1 of these minutes for committee minutes and Council action.) " Consideration of Ordinance to Control Sale of Texic Glue - At Council request the City Attorney has prepared an amendment to the glue sniffing ordinance to control sale of toxi c glue to minors. Councilwoman Campbell was concerned passage of this amendment might create an undue problem for merchants, and asked if they had been consulted prior to its drafting. City Attorney explained that this,was not usual procedure. Councilman Williams was cponcerned with enforcement of this amendment. He seriously doubted if a merchant could (1) positively identify the individual; and (2) have any way of knowing whether the written note was, in fact, written by an individual's parents.' He felt it might deter the legitimate buyer, but would provide absolutely no deterrent to the pers~n whose purpose was mis-use of the product. The City Manager shared Mr. Williams concerns. With merchandise more largely purchased by older persons, enforcement of such laws has proved somewhat effecti ve,' but in this case, he did not feel it would stop the traffic. It might protect some who would otherwise fall into the practice. It would certa!n1y not be a cure-all. Councilman McDonald his constitutents. he certainly agreed said he had requested this ordinance at 'the urging of some of He too, was not absolutely sure it would affect the problem, arid enforcement would be very difficult. Mr. Mohr tried to identify no way be punished by this for commission of a crime. the problem, and suggested that the glue-sniffer would in ordinance, but the merchant would be subject to ci tation I Mayor Anderson suggested a public hearing be set to allow an opportuni ty for those ill who had requested drafting of the ordinance, to be heard. Council concurred wi th this II suggestion. June 14 was set for the public hearing. APprovil1 Segregation of Assessment - Mildreth Byrne, 4460' Fox Hollow Road, has requested segregation of assessment. This request has been approved and recommended by staff. j' I Mr. Gribskov moved seconded by MI.. Mohr that the request for segregation of assessment I outlined above be approved. Motion carried. . Approve' I Rules Relating to Public Condu9t in Council Chambers.... Councilman Williams suggested I that the Mayor appoint a commi ttee to draft rules whi ch would probably be in ordinance I form, pertaining to conduct wi thin the Counci 1 Chambers. He moved seconded by Mr. Teague that the Mayor appoint such a committee, and that it include representation I from the staff and Police Department. Motion carried. Approvel Proposal to Enlarge Eugene Water and Electric Board - Councilman Mohr explained his suggestion and the reasons he felt the Board should be enlarged. He suggested that the Board consist of four elected directors, one from each City ward, and three public-appointed directors, to be appointed by theCi ty Council. The elected directors should serve for four years, and the public directors for not less than two years, at the pleasure of the Council. He stressed that his proposal was directed not at persons, but at the concept. He fel t it should be a more representative body. II II II II Ii II 1\ I !I Councilman Williams felt that composition of the Board should be decided by the voters, rather than by public bodies who had not run on specific'issues concerned with the Board. Councilman Teague felt "the people of Eugene had been very fortunate to have such a capable Board. Perhaps',' it could be enlarged, but there were times when a smaller group could function better than a larger one. 5/24/71 - 4 ... ,....- 5':j5 5/24/71 e r II II Ii ,I Ii II 'I I' Ii Ii " I II I! II II " 'I Ii II II Ii II d I: II Ii I' ,I I, 11 II Ii Ii ,j II ,I II I' It II I! ,I 'I " I: I I ! Mayor Anderson felt that perhaps "the.~Council ,should..discusswhether: i t"wanted,,",an ordinance drafted, and if SOl how it...should be ,worded. Councilwoman Beal was concerned wi th, the, failure, of ,communi cati ons,"and ..fel t. the Council should make an attempt to find. the..basic, objectives of the ,Board. City Manager agreed thatl before an ordinance ,was drawn, the,Council should enter into discussion and direct staff regarding structUir:e of the ordinance. Councilman Mohr conceded that the issues which had been raised were very He suggested that a subcommittee of, the Council could be formed to reach regarding objectives. cri ti cal . a conclusion Councilman Williams said he was not opposing discussion~ but of Mr. Mohr's written statement which .dealt,with composition Board. was opposing the portion and appointment of the Mayor Anderson suggested it might be well to prepare an agenda which would be submi tted to EWEB and request items from that Board which could be discussed at a joint meetmng. Councilman Mohr asked to make a sharp distinction that the Council was not asking EWEB Board to defend its record before the Council. They would hope to develop an agenda of mutually impo~tant problems. Mr. Trig V.ik of the EWEB felt this would be a good approach. There have been times when the Board would have appreciated direcbion ,from the Council. Mayor Anderson requested Councilmen to designate i terns they would like placed on the Agenda. Mr. Gribskov moved seconded by Mr. Hershner.that a joint meeting between EWEB and the Ci ty counci 1 be arranged. ;, Councilman Teague asked that the questions be circulated to Councilmen in advance so that they could be studied. Mayor asked that EWEB be notified and requested to prepare alJenda items they wanted to take up wi th Counci 1 men . vote taken on rroti on. Motion carried. oi Approve 11 :1 !I II II 11 Ii I, I' :1 Ii :1 I' II I, :1 Ji il " Ii :1 'I Ii " d !i il 'I Mr. Hershner,was concerned that the agenda did not spell out that the Joint Meeting proposed with EWEB was to explain the interrelationship between the Council, Planning Commission and the Board. It was explained that the committee minutes did reflect this, and that the entire minutes are adopted with the motion. i , , Ii G. I' 5/19/71 ,I " Ii II I! II Ii II I, II I , I I II II j, Ii ,I II II I I I I , II I! 11 Ii I' II 'I \ " Fee for FHA Building Inspections - A memorandum prepared by the Superin.tendent of Building was prev}ous1y distributed to the Council. Mr. Mortier outlined the' merro and pointed 'out that, to make the required inspections, additional ,staff would be required. The HUD office has indicated that the City would be entitled to charge an appropriate fee, and it has been determined that $15.00 per dwelling unit be established to cover field inspection and clerical costs. Council authorization is necessary before establishment of the fee. Mrs. Bea1 moved seconded by Mr. Mohr to authorize establishment of a fee of $15.00 for FHA housing inspections, and' that a reso1,ution be brought to Council. Motion carried. Mr. Robert Suess, builder, requested an explanation of the proposed fee. He had heard that fees were sometimes exhorbitant, and wished assurance that this would not be so here. He suggested that a separate fee should be set up for apartment units. City Manager recommended action be withheld on Item G. for further discussion with the Building Superintendent. Mr. Teague moved seconded by Mr. Mohr to amend the motion to withhold action at this time on Item G. Councilman McDonald asked whether the Council would approve the FHA building inspection, or whether this motion would withhold action on that portion. Manager asked Mr. Suess if there was any problem with the fee for single-family residences. Mr. Suess said he was involved only in new building and not qualified in this respect. He would hesitate to answer. City Manager felt Mr. McDonald's point was valid, and suggested that the entire discussion be withheld until the next regular Council meeting. There was some concern that this was a duplicate inspection, and that the only requirement was for added paperwork. It was suggested that' further comments be withheld until the next meeting. 5/24/71 - 5 ~ I " ;1 !I II II 'I il 'I II " jj ;, :1 il " " :1 :1 :1 I' :1 :1 'I :1 'I )1 e I I e , ii !I I I' Ii ,I I! :1 ~ j " ,I Ii " i1 " 'I I " ,I " :1 " :1 :1 :! 'I :1 !i ), :i " 'I e - "III 5CJ~ 5/24/71 I If. 5/19/71' e I I. 5/19/71 I 11 I I .J,. I 5/-19/71 II I: I I I !I , I ! I :1 II 'I !I I I ! I II Ii I I K. 5/19/71 e I e I, 1/ ,I jl " Holidays ,1. City Employes - Changes in Federal and State laws tying holiday, observances to weekends have caused some,.problems. Bargaining agreements with city employes have recognized that, holidays. which falL. on Saturdays would observe the preceding Friday,..and.:those"falling on"Sunday would observe the following Monday. Memorial Day..,and, Veteran's_Day,.would"be observed on the last Monday in May and the' 4th Monday, in October, ,respecti vely. This would bring the Ci ty into conformance with holidays, .designated by State and Federal Governments. 2. Parking Meter Enforcement ,,-c The, .problem wi th parking meter enforcement has been one of interpretation of. the, existing ordinance." An ambi gui ty arises when comparing "legal holidays" wi th retail holidays. 'Since one of the primary functions of the parking meter is to stimulate turnover of parking spaces'~ some consideration should be given to operation of meters when retail stores are open. ,The Eugene Downtown. Association was cOTl,tacted, and the staff recommendation that meters operate every Saturday and weekday except January 1 (New Years Day), last Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September (Labor Day), fourth Thyrsday in November (Thanks- giving Day) and December 25 (Christmas Day), was at variance with their recommendation. Mr. Williams moved seconded by Mr. Gribskov that the Council approve the staff recommendations outlined above. Motion carried. Approve Creation of Coq,rnission for Volunteer Service- A resolution was distributed which proposed extension of the City's liability insurance to include those volunteers who regularly assist wi th various city programs and who cannot now be insured. The volunteers now periodically transport passengers for various programs, and this would given them liability protection. Councilman Williams suggested that Section 4 be amended so that all volunteers serving the City would not be'included under the program. City Attorney said this was a very good point, and the ambiguity would be cleared up. Mrs. Campbell felt it, should be clarified that these were city of Eugene Commissions. Mr. Williams moved seconded by Mrs. Beal to approve the resolution, with revision of Section 4. Motion carried. Approvej Lan'd("P..u:r;dh-ase Option, Margie, T.odd Griffith -";Located on Amazon Parkway West, right of way between Acorn Park and Buck Street - Total Price, $21,300. A two year option is available with the $l,OOO:fotal to be applied against the purchase price. I I I The property owner is about to proceed wi th sale of subdivided lots in a portion proposed for the Amazon Parkway. The appraised value is $21,300, on which the City could have a two-year option for $1,000. There is no money budgeted for this item, but by taking advantage of this offer, the property could be held until funds were available, or perhaps until federal matching funds become available for urban arterials. Manager explained the problems with funding this right of way, and that there are funds in the budget for purcJ:1ase if this budget passes. Staff recommends negotiation of two~year option on this property to protect against subdivision. Mr. Gribskov moved seconded by Mrs. Beal to negotiate a two-year option on the property described above. There was some discussion whether this might be held in abeyance until the outcome of the election was known. Public Works Director explained that the owner had buyers for these lots, and the City should exercise its option. Mr. Teague felt this was a very good opportunity and it should be taken advantage of. Ci ty Manager said owners of other properties required for right of way have been very cooperative and have held up development plans pending City ability to go ahead. Vote taken on motion. Motion carried. Approve Assessment re: Alley Vacation, Register Guard - Passage of. ordinance was held pending settlement of pri ce for property to be vacated. The alley contained telephone company installation which will cost the Register Guard $5500 for relocation. They have agreed to settle for $7200 after payment for relocation of lines in the easement. Staff recommends acceptance of this proposal, since it is in line with the value established' by the City. In answer to Mr. Teague, manager said the city right of way agent had estimated the value, and the Register Guard had released their appraisal figures. 0 They were very close. Mrs. Beal moved seconded by Mr. Williams to set the value of the assessment at $7200 for the Register Guard vacation. Motion carried. approve 5/24/71 - 6 .... ~ 5~1 5/24/71 e L. 5/19/71 Liquor Licenses, approvedbljPo1ice'Depa.:tt:riJ.ent RJ.!BA - Pit Stop, 2258 Highway 99 N Package Store Class B - Warehouse Food Stores; "'2101. West 11th I I I II !I 'I Ii Ii I' Ii I; II Ii I! II [' ,I I' il II II I' I 'I I' II :1 II ,I II II !I Ii II II I I I I Ii I: I' ,I Ii II !I I' II II I, Ii I: ,I II Ii ,! II II 'I I! ii " Ii " i: 1\ !i :i Ii 'I II I' ,I Ii II !I r ,I I! ij I. Ij I: !I , i! I I, II Ii Ii I' Ii Ii ,: Ii ;1 I) I J I I I, :: " ~ Mr. Gribskov moved seconded by Mrs. Bea1to approve :tbe. app1ications...~isted above. Motion car:r:ied. Ii Approve I, Ii :1 :1 I' II :1 :: ,I 'I il " !; I. q il ii :1 \\ I , M. 5/19/71 Reconsideration, South ~llamette Noise Report - Mr. Edward Fyfe requested recognition at the regular Council meeting May 10, but due to the size of the crowd, he had not been seen. He asked for reconsideration of the item and an opportunity to be heard. Mayor requested that, he be advised that his request will, be granted. Mr. Edward Fyfe asked to go over the general problem of noise pollution. He outlined several problem areas in the City, and discussed in particular the matter of vehicular noise in the South Willamette Street area. He ,was very concerned with the attitude of the city officials, and felt that more could be done to lessen the problem. Mr. Fyfe had contacted the City Attorney's office several times; and had been informed that work is progressing on a "Noise ordinance. " He felt work could be expedited so that this tool would be available. He, commented that the noise had become so annoying to him that he-had been forced to move to another area. Mr. OttoE~cker, 36 West 30th, agreed with Mr. Fyfe's remarks, and suggested that tpe time had come to act. He had been told by the State that they could help if the City was unable to handle the problem. Mr. Robert to keep it los~ . Suess told about an apartment building he had built .in this area, and after failing occupied with suitable tenants because of the noise, had been forced to sell at a Mr. McDonald said he recognized this particular noise problem, and he had attempted to find a solution for some time. He felt the staff could get together and draw up an ordinance that could be enforced. ' Mrs. Beal had understood that the City Attorney was working on such an ordinance and asked for a report. She realized that it would be difficult to enforce. City Manager agreed with Mrs. Beal, and pointed out that adoption of an ordinance, in itself, would not cure the problem. The staff is very concerned, but wants to be sure the proposed ordinance can be enforced and will be of assistance. City staff does recognize the problem, but has not yet developed a program which it feels will cure the problem. Mr. Teague commented that there are traffic problems in many sections of the City. city gets larger and there are more cars, there are inevitably more problems. As the il .. 'I II II q il " Mayor Anderson pointed out that the solution was possible through the legal approach, tactical II approach and educational approach, and that it appeared that additional personnel in the Police II Department might improve the situation. He suggested that action be withheld and that a high ;1 priority be placed on this item to seek possible solutions. Approve:1 iI I, I Ii ....11 There was some discussion about the number of arrests made and fines levied. that perhaps the size of fines should be increased. It was suggested N. 5/19/71 Segregation of Assessment - Wm. F. Jr. and Loala Renken have requested segregation of assessment in the amount of $1,001.88. Staff recommends approval. Mrs. Bea1 moved seconded by.: Mr. Gribskov to approve the segregation of assessment requested' cibove. Motion carried. ! I , Approve) II Financial Assistance to Minority Program - Councilwoman Campbell was concerned with a cut of $492,000 to support the minority program at the University. She requested that the Council write the ,Ways and Means Committee. Mr. Mohr pointed out that federal funds for the work-study program had been diminished, and that the, State had been requested to make up some of the difference. He felt there was definitely a city interest in this matter. 1j II I' r II II 'I II ]) Affirm 'I II :1 I! 'I " I: I' Ii II !i O. 5/12/71 Since it was deterrr.mned that there was a time consideration, a statement was to be forwarded from the Mayor's office to Rep. Philip Lang, chairman of the Education Subcommi ttee. Councilwoman Campbell said she had read in the paper that Representative Lang's educational subcommittee of Ways and Means had requested that money be put back into the budget to support the minority student program. P. Chan#e in Composition of EWEB Board - Councilman Mohr distributed a proposed Resolution to change the composition of the EWEB Board. He suggested that it be enlarged and that a portion of the Board be ~pointive, perhaps for a two-year. term. Councilman williams was concerned that appointment of a portion of the Board might cause a reverse effect to what Mr. Mohr was seeking. He felt elected members were more responsive to the citizens. ~. . , / 5/24/71 - 7 I , I' ,I II I e i , II II Ii I' ,I :1 :1 II !I :1 11 I I e I li Ii ii :1 II e e .... 598 5/24/71 I Q. 5/19/71 e I R. 5/12/71 S. /,5/12/71 I 1,1 I ! Ii T. 5/12/71 II I I II Ii ,I II I u. 5/12/71 e I I I I v. 1 5/12/71 t W. 5/12/71 I x. 5/12/71 e I ! I ; Ii II , Mayor Anderson sw]-gested that this peplaq:ed onanf!arly. committee agenda for discussion. Affirm Planning Commission Recommendation, Side Street Opening - The Planning COmnUssion recommended that no action be taken on this matter. This matter was brought before the Council about three years ago after the railroad closed an unofficial crossing of Side Street between Wilkie Street and Hwy 99 North. At that time, those using the crossing petitioned the City to try to achieve an official railroad crossing. The City did not own sufficient right of way to do so. At that time the petitioners indicated that, if the City would achieve the crossing, they would extend the right of way. City Council, on that basis, authorized the hearing and approved procedure to the PUC. The peti tioners are now unwilling to provi de the right of way, and have requested that the City purchase the right of way from the property owners. Planning COmnUssion Ias reconsidered the matter and recommended that the City drop it at this point. In reply to Mr. Hershner, Manager said there are alternate, though not so convenient, routes for people to use. No action taken. Affirm Committee Meeting Room - Councilman Hershner commented that he preferred the room previously used for committee meetings. Since the Mayor and majority of Council cone curred, staff was directed to make arrangements for the change. File I II Budget Election, Preparation - Councilwoman Campbell discussed telephone contact with voters, and said lists will be mailed to those who indicated a willingness to assist. Mr. Gribskov commented on his appearance in connection with the election at KPTV apd that this program will be shown again next week. ~r. McDonald said that Churchill PTA is solidly behind the Council. Nanager reminded the Council of open ,house at the 10:00 p.m. and that all departments will be open. be given to encourage fandlies to attend. City Hall from 7:30 p.m. to He felt some publicity should File Discussion of Events at Previous Council Meeting - Councilwoman Campbell and Councilman McDonald congratulated Mayor Anderson for his conduct of Monday night's Council meeting. Councilman Mohr agreed that there was an extraordinary quali ty about the meeting, but he felt there had been many hotter issues, and that Councilmen were simply doing their jobs. Mayor Anderson commented that the meeting offered an opportunity to see these techniques and practices, and if they are accepted for what they are, it is easier to understand why they are presented in this manner. Mayor Anderson commented on, the presence of the vi etnam flag at the meeting, and some of the citizens concern over the incident. He asked ,that any criticism be directed to him. File Mayor's Meeting in Salem - Mayor Anderson reported on a meeting wi th theSpeaker of the House, President of the Senate and the Governor to which ten Oregon Mayors had been invited. At the meeting, Mayor Anderson's presentation concerned funding for cities, and his feeling that priorities must be reordered to direct funds f~0m higher echelons into smaller bodies, where they are so sorely needed. Mayor Anderson reported on various House and Senate Bills which have been of interest to the Council and ,their present status. File Deer Problem in South Eugene - Councilman Mohr again called attention to resident's complaints of damage to their property from wild deer. Mr. Mazany explained the problems with transporting deer to wi~der country and possible damage to deer which might occur. Councilman Mohr felt the City should consider this problem a nuisance and that citizens had a legitimate claim against the City. Mrs. Campbell said she was still receiving complaints about this problem. File Legislation of Interest to City - Senator Fadel~yrendnded the City Council that the legislature is drawing to a close and any action the Council feels essential should be called to his attention. File Sample Ordinance, Civil Emergency Definition and Authorization of Emergency Action Copies of an ordinance prepared two years ago were distributed to Councilmen. Passage would allow the City to exercise extraordinary powers in case of emergency. Manager requested Councilmen to study"this proposal and make comments on any portions considered objectionable. Mr. Williams said his understanding was that insurance policies differentiated, between payable claims based on whether they were considered "riots" or "severe unrest." He felt that riot might be an inappropriate term, and that some consider- ation should be given to changing this word. \ I: II 1\ I' ;1 5/24/71 - 8 ..01 r .s':)~ 5/24/71 e I I I Ii " " I: II 'i I, Ii I: ,I 11 Ii " II " ii I: I, I' ! I~ Ii 'I " I. " I! ii , ii Ii " ,I Ii :1 li il II II !I I' I' II I' ,I :i " " " [i I Ii 'I II i I ,f 'I 11 " II I ~ I: Ii 11 " :j " II ,I " I II Ii I ~ Ii I: 11 ,: ,I i' II I Ii Ii Ii 'I Ii it Ii II il 11 Ii I Ii Ii Ii :1 ': ii ji ,I Ii Ii \1 I, i II , ~ In answer to Mrs. Campbell's concerns about financial reimbursement for the disturbances last year, City Manager informed the Council that HB 2006 is before the Ways and Means Corrmlittee, and that appropriation of this amount has the support of the Governor's office. File Y. 5/19/71 Policy re: Use of Tennis Courts - Councilwoman Campbell had received complaints about priorities in use of the tennis courts, and that none were left free when school classes were in session. Bob Mazany, Administrative Assistant, read the Park's Department directive concerning such uses, and said the problem sometimes arises from individual teachers not strictly adhering to the policy. File Z. 5/19/71 Air Pollution Authority, Haze Index - Councilwoman Campbell had received an inquiry from Mrs. Lois Jackson regarding the haze index, and requesting that it be published with the weather report in the daily paper. Mrs. Beal explained that instruments used for this reading had not been established for any length of time in a single location. They were hoping to cccomplish some type of public notice soon. Mrs. Beal will check into it. File v .- ._.~. City Ha~lcDpen House - Councilman Mohr congratulated the city staff for arranging an open house, and said he judged it had been very successful. He was surprised at the number of people who attended and the response it got. AA. 5/19/71 File BB. 5/19/71 S.B. 38, Field Burning Bill - Councilwoman Beal attended a hearing of the house supcommittee on this bi 11 and was very concerned wi th proposed amendments. As it stands, the ci ty would be better off with no bill at all. the tactical approach of the committee, and said any possibility of legislation this session. This (See below for comments at regular meeting) Mayor Anderson was concerned with there was a real threat of losing is a must bill for Lane County. File CC. Court Sui t, Houlegaard vs. Teague et al, in regard to PACT Acti on for Development PUD application matter.~ City Attorney announced that the City was involved in the above law suit, and that Mr. Zook was p~:;i,ent to serve papers on individual councilmen. ~ -,--"",,, Councilman Hershner asked the City Attorney whether his office would represent the Council in this sui t. He was assured this would be so. File Regarding BB. above,Mayor Anderson reported that he had held a press conference with regard to SB 38, the field burning bill. Amendments have been proposed by Representative Gwinn which would provide for absolutely no regulation. Attempts are being made through Represen- tat~ve Nancie Fadeley to nullify these amendments, and to accomplish an orderly phase-out of burning. The picture at this point is not very bright. ' Mrs. Beal said that the only way the city good backing for Representative Fadeley. the bill will be worse than nothing. She could possibly have any effect would be to have If Representative Gwinds amendments are adopted, asked that people join in the trip to Salem. Regarding CC. above, in response to Mr. Mohr the City Attorney explained ab~u~the;hearirig on a writ of review and that he must provide certified copies of documents .considerea-b1{. the Planning Commission and Council. Unfortunately, there is no provision in the writ of review proceedings for taking of additional testimony. He said he was confident the Court would uphold the Planning Commission recommendation andthe.Clty Gourtcil's affirm- ation of that decision in the case. ' Mr. Teague moved seconded by Mr. Mohr to. approve, affirm or file the items listed above, with the exeeption of Item G which should be 'b\.o,ught to' afl~~h-~r conifnl"tf~e:~:meeting.:'~oikal:l vote. All councilmen present voting aye, the motion-carried. .- - . ., ':',' - ---- Minutes of the meeting of April 26, 1971 as circulated, were approved. v. Congressional Bills Establishing Noise Limits for Jet Aircraft, Request from Inglewood, California (Committee meeting of May 19, 1971) The city of Inglewood California has requested support of , Federal legislation which would help free communities from aircraft noise pollution. Counciwwoman Beal said since she has meetings at the airport, she has a personal interest and would support the request. Councilman Williams said he would support a request for a reduction in aircraft noise pollution, but he could not specifically support the two federal bills. No action taken. Copies of the proposed bills were previously circulated to Councilmen. Mayor Anderson pointed out that the city of Ing~ewood, California had requested Council support in securing relief to a very acute problem. He felt the Council should support them, even though it did not approve of all aspects of the legislation. Mr. Teague moved seconded by Mr. Mohr that the City Council officially support the Resolutions drafted by the City of Inglewood, California. Motion carried. 5/24/71 - 9 i' I I II II I ;i I; I, 'I !I I' II il II I: II 'I Ii Ii II I I' " I' I Ii , 'I I 'I II 1\ :r I: I! II ;1 II " JI :i I iI iI ~ I ,I Ii 'I II II II 'I 11 ii !I !I il i' il q I, iI Ii Ii I, rI :1 i: II :1 I, II I, ~ ! I, i: " II " I: Ii il :! I e I I e ^I" ~ ' II i II " i: il r ~ e e ..... Goo 5/24/71 I I II II 'I I: Ii ii e II .I II I I I I I I I I, II I II 'I II I' II !I II 1 I I !I II II !I II II I II I! Ii II 'I 11 II Ii e \1 I, II I I I I I e VI. Acquisition of Right of Way -. It is requested ,that ,.authorization be, gi,ven. to, pay James and Arlene Davis $1,000 and Joseph:,C.Lutz and ,Elsa:: B.,. Lutz $950.00 ' for ,acquisition of of way for storm sewer ditch near Hawthorne Av~nue. M. right i1 p II II Ii !i II II only. II II I I I I Ii I I ! ,i Ii I' II , I I I I I i Ii II II II I I \1 II II II 1 I I I 'I II II Ii II 'I :1 I I I i Council Bill, No. 9419 - Condemnation of easement for floodway channel from T. C. Wildish II Company and Ruby A. Ford was s ubmi tted, and no councilman present requesting that it be read in full, Ii was read by council bill number only. Motion carried unanimously and the bill was read the second II time by council bill number only.1 - il II II II il II il Ii I: 'I Ii II l' il il \1 II Ii !I :; I: Mr. Teague moved secbTI:cied by Mr. Mohr, that authorization be .granted as ,requested above. Motion carried. ORDINANCES Council Bill No. 9413 ~ Authorizing issuance and sale of $1,110,000 General Obligation Improvement Bonds Series "A" of the city of Eugene and directing advertisement was submitted, and no Councilman present requestmng that it be read in full, ,was read by council bill number Mr. Teague moved seconded by Mr. Mohr that the bill be read ~~esecond 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. 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 16213. Council Bill No. 9414, - See Page 2 of these minu1:>es. Council Bill No. 9415 - See Page 2 of these minutes. Council B~ll No. 9416 meters was submitted and no council bill number only. - Amending designation' of city holidays for enforcement of parking counQlman present requesting that it be read in full, was read by 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 enactmeBt be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall vote. All cpuncilmen present voting aye, the bill w~s -declared passed and numbered 16215. Council Bill No. 9417 - Condemnatfon of easement for floodway channel from C. W. and Isabel Ingham was submitted and no councilman present requesting that it be read in full, was read by council bill number only. Mr. Teague moved seconded by 'Mr"T 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 hill' was read the second time by council bill number only. 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 16217. Council Bill No. 9418 - Condemnation of easement for floodway channel from Herbert E. and Ani ta Summers was submitted and no councilman present requesting that it be read in full, 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 be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. 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 16218. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill only, with unanimous consent of the Council and that enactment be considered at this time. carried unanimously and the billwas read the second time by council bill number only. number Motion Ij II II ,I II Ii 11 II II )1 II IJ II I. " I' 'I I, 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 16219. Council bill No. 9420 - Condemnation of easement for floodway channel from Presbytery of the Willamette was submitted, and no councilman present requesting that it be read in full, was' read by council bill number only. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill only, with unanimous consent of the Council and that enactment be considered at this time. carried unanimously and the bill was read the second time by council bill nurriber only. number Motion 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 16220. 5/24/71 - 10 I \, .... ,..... Gol 5/24/71 e , I q !, I: 'I Ii " Ii I ~ I' ,I II II " I' ,I il il 'I I, ,: 1 ~ Regarding C. B. 9417 through 9421" City Manager explained..that. the condemnatiou,.or.cfiuaIl,ces will give legal authorization for staff to proceed to condemnation, if. necessary,. Staff, will, continue to negotiate with the' property owner in the ,hope that some resolution may be reached without going to court. The City has a deadline to provide an easement for SCS ,to, proceed this summer,., and these ordinances will facilitate meeting this. C.B. 9422 - Install sidewalk on west side ,Coburg ,Road4from_Club.Road,t,o Oakway Road was submitted, and no councilman present requesting that it ,be.read,in..full"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 and that enactment be considered at this time.. Motion carried unanimously and the bill was read the second time by council bill- number only. Mr. Teague moved seconded by Mr. Mohr that the bill be,approved,andgiven final passage. Rollcall vote. All councilmen present voting aye ,the bill was declared passed, and ,numbered 16221. RESOLUTIONS Resolution No. 1928 - Prescribing form of notice of sale of $1,110,000 general obligation Bancroft Improvement Bonds Series uNlof the city of Eugene. Oregon, ,was submitted. Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Rollcall vote. All council- men present voting aye, the motion carried. u',," Resolution No. 1929 - See Page 1 of these minutes for, action. on this resolution. " " !I I 'i It " il :, Resolution No. 1930 - Establishing fees for FHA Housing.Inspections was submitted. .~~;"~r~::e a~~~fJ1;~~71ig.'Co~i~Ji~~jj,i~;'ii~thiS .~es~;rV'ML~~E~f~ ~"vj~~},O Resolution No. 1931 - Creating a commission for volunteer service to the City was submitted. the Mr. Teague moved seconded by Mr~ Mohr that the resolution be adopted. Rollcall vote. All council- ment present voting aye, the motion carried. II !I , :! I' " " 1: Resolution NO. 1932 - Transmitting to Planning Commission request for sign district boundary change and calling public hearing June 1, 1971 was submitted. I' " ,I i: " il I' ,I " II Mr. Teague moved se'conde9,=by Mr. Mohr that the resolution be adopted. Motion carried unanimously. Resolution No. 1933 - Approving bills and claims, was submitted. Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. " " " :t I, I; ii 'I I, II " Mr. Mohr asked why the bills were now done by resolution. It was explained that they were on file in the Finance Department and by approving them through resolution duplication of listing in the minut-es was avoided. Rollcall vote taken. All councilmen present voting aye, the motion passed. Upon motion duly made, seconded and carried, the meeting was adjourned. I I: Ii II II II " , i: I' I' " Ii I, I: I' I " !I Ii II I, I I' 'I I, " il i II I, Ii I' I! It " ~ ~ il I! II I, I' " ji ,I 11 i' if I! !I " I, II i' <I ,I Ii I !I ]1 ;! Ii 'I ii II :i :1 II 'I !I i/ " " ,I I! " 'I il ;1 t' ii :1 II II " :1 'i ii il II " !i " :! II :1 II " Ii II 'I Ii 11 i' !I Ii II il Ii I' ,I 11 it II " " e I I e !i il I, t! il Ii " II !i ;i !! it i! , ! I I e