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HomeMy WebLinkAbout06/12/1971 Meeting ,.....- ~ 1 637 e :1 ;1 i' :( I~ I: Council Chamber I. Eugene, Oregon July 12, 1971 Regular meeting of the Common Council of the city of Eugene, Oregon was ealled to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on July 12, 1971 in the Council Chamber with the follow- ing Councilmen present: Messrs. Teague, Mohr, McDonald, Gribskov, Williams, Hershner and Mrs. Campbell. Mrs. Beal was absent. ,. Mayor Anderson explained that an item had been erroneously reported to be on the agenda which concern- ed the sanitary landfill at Chevy Chase. The matter concerning that area which is on the agenda is a zoning matter. A young gentleman in the audience requested that the Mall Rules be placed on the agenda for discus- sion. Mayor Anderson ruled him out of order and said this matter would be placed on a later agenda. 1. Proclamation, results of election of July 8, 1971 - Canvass of Vote. e City Manager read the proclamation outlining the results of the election of July 8, 1971 Mr. Teague moved seconded by Mr. Mohr that the Council accept the proclamation~' Rollcall vote. All councilmen present voting aye, the motion carried. Mayor Anderson commented on the public hearing and the publicity which had been given the mall I: rules and regulations. He publicly acknowledged the persons in the audience and said the Council was aware of their concern. The rules are flexible and subject to change, but the Council will make any changes in a democratic procedure as outlined through the public hearing process. He invited those present to attend the Wednesday committee meeting, which is always open to the public. He explained that there were people present for the items ~cheduled on ~he age~~a. He said he would recognize Mrs. Towle, who had organized the appearance of those interested in the mall regulations. Mrs. Laura Towle, 2045 River View, said she had spoken to the City Manager and felt it was ; very important that these regulations be discussed with the Council before the end of the : summer. Dances could not be held in other than good weather. He had informed her there was no room on this agenda for the matter, and that it would be scheduled for the Wednesday noon meeting, and at a subsequent Council meeting. She felt citizens had a right t.O bring their gni:evances before the government and that she was here to tell them the mall re'gulations were very important. II. Public Hearings A. Appeal from Planning Commission Decision, Charles Ogle - Chevy Chase A planned unit development proposed for the Chevy Chase area east of an existing subdivision was denied by the Planning Commission on the grounds that it did not meet all criteria I for a planned unit development, especially with relation to adequate schools and sewer service in the area. City Manager read a letter of appeal to the Planning Commission from the architects for the project on behalf of Mr. Charles Ogle, petitioner. The letter outlined the sewer service plan for the project, and maintained that this system could function indefinitely. The City Council has toured the property and has copies of the minutes of Planning Commission meetings. Mr. Dean Morris, member of the design team for the project, requested that the Council Bonsider affirmative action and approval. He explained the sanitary system proposed and e that it was their feeling it would operate satisfactorily for an indefinite time. He introduced design team members Lloyd Bond and Carl Urick and they showed slides demons II si;:rating the feasibility of the development and outlining its location and compajability with the beighboring area. Mr. Don Sloan, 1442 East 18th, asked if this subdivision would not bring more people into the area and was concerned how the area could care for them. Eugene Sebring, Lindley Lane, said many adjacent residents were opposed to this development, most because of the increased traffic, and that it would all be filtered onto Lindley Lane. An increase in children would overload the schools. He felt the units planned would be below the standards for the neighborhood and said residents objected to this. Merle Simmons, 3460 Chevy Chase aqd Bob Adair, 3640 Bardell, were concerned with the proposed septic tank system. Mr. Simmons cited failure with his own taNk and felt this ground would be very similar. He felt the health of many people might be endangered. I Al Skinner, 3575 Bardell, was concerBed with increased traffic and the inability of een- tennial Boulevard to handle it at peak hours. J. T. Sykes, 525 Lindley Lane, felt traffic could be funneled on a street other than Lindley Lane. Bill Wiswall, 3366 Dhe~ Chase, said seve~al meetings had been held with the Planning Commission, and it .had een his recollectlon the Planning Commission had unanimously defeated the proposal. He cited overcrowding of grade schools and traffic problems as e 7/12/71 - 1 ~ """III e W8 7/12/71 i ,i I: " I 'I Ii ii , " Ii two reasons against such a large development in the neighborhood. i' Mr. Teague moved seconded by Mr. Mohr that the Planning Commission decision be upheld " and the appeal denied. " Manager clarified for Council that, while denying the proposal, the Planning Commission felt the design was excellent, and recognized the need for hous ing to fit the needs of people on aml income levels and that housing should be conglomerate. However, in th is particular location, the question of available sewers now, or in the future, was a signigicant factor~ but that the decision had been made on the basis of lack of adequate " public services. " Vote taken on motion as stated. Motion carried. B. Recommended by Planning Commission, Annexation 33 acres west of Fox Hollow Road, e south of Donald (Allen & Braezeal) Minuces of ComnUccee reporc of June 30, 1971 - Councilman Williams commenced chac che Planning Commission nUnuces show that the scaff had recommended denial of this annexation, and requested that they presenc their arguments at the Council meeting. Mr. Wayne Wickelgren said he lived in this area and objected to planning for -I increased population. Those living in the vicini cy of Spencer Butte had hoped to keep the density to two units per acre, and a project which planned eight units to the acre was proposed for this site. City Manager explained that this was a request for annexation, and that if a proposal for a development was made, it would have to go to the Planning Commission for approval of each stage and be under close scrutiny. Approval of such a proposal could be appealed to the City Council. Mr. WilliJ.ams moved seconded by Mr. Gribskov that a publi c hearing be scheduled on the request for annexation outlined above. , I Mrs. Leong felt the area should be preserved, and that this was piec~meal annexation. i Mr. Mohr explained that the Council was only establishing July 12 for the public hearing, and this matter could be discussed then. Vote taken on motion. Motion carried. Mr. John Mulder, 1147 High Street, said he was an owner and representative of other people involved in development of this parcel of land. They have met with Planning Commission several times and feel adequate presentation has been made. He pointed out on a wall map that this annexation would make for a logical boundary, and on another map that sewer drainage would be into a natural channel from the hill. There are existing sewer lines which the develop- I memm could join and they have agreed to an assessment for this line. He felt annexation of this property would enhance the city. , " Manager read letters of protest from Mr. Arthur Benson, 4722 Fox Hollow Road, and from Mr. and Mrs. JOl1n A. Sullivan, 5430 Donald Street, which object to the annexation because of over-density, traffic problems and school needs. Messrs. Williams and McDonald requested an explanation of the staff recommendation, which had been against annexation of this area. Planning Director explained that the planning staff e had been concerned about drainage with regard to sanitary sewers, and the problems with providing adequate services. The staff had not been in disagreement with annexation, but felt it should be postponed until a complete report with regard to density of the entire area could be made. The staff would discourage development by conventional subdivision. Mr. Hershner asked if annexation would not permit the city to have control through planned; unit development'. -p-ranning Director said they do not now have positive controls for hillside " development, but hope they will have in the near future. I i , :' Charles Dallas, Route 4 Box 308, read a portion of the community goals and policies adopted by the Council in 1967 and said he felt they were a mandate to preserve the remaining trees in this area. He felt if annexation were approved, conditions should be imposed " restraining developers from removing any trees from the site. He said the residents of the area felt this annexation was untimely and proposed that the Council entertain a motion ~ : to delay annexation for a period of six months to allow a professional planning staff to I " develop adequate policies for annexing and developing this area. David Cole, Rt. 4 Box 389, was concerned that after annexation the developer could develop the area in any way he wished. Council~an Mohr explained the Planned Unit Development and Planning Cmmmission and Council controls over this type development. " C. W. Clancy, Rt 4 Box 310.l-agreed with what previous opponents had said and reiterated that the area should be ann~xed at some time, but that it should be delayed until a study could be made of the entire area. e 7/12/71 - 2 .... A:,' (;33 e 7/12/71 "'I - .. _ _ H ___ ~_ - -- - - - i I~ I Lottie Streisinger, Rt 4 Box 311, explained that this area is the foothills of Spencer Butte and that a most valuable asset of our environment could be destroyed unless controls were imposed. Councilman Mohr pointed out that at the present time the city has no control, since the property is not wi thin the city limits. " i ~ ;, Mr. Gribskov asked if the Council had toured this area. He said it was a timbered hillside 11 wi th no roads through it. He would be very interested in seeing the property before ruling tl on it. i: " :, I, Loraine Hodge, 557 East 39th Place, opposed the annexation until a further study could be made j: 1\ so that the area would benefit all the people of Eugene. I! I: Mr. Mulder stated that several people had expressed fears that an apartment would be built here. Ii That was not his intention, and he explained that there are many controls over a planned unit I development. It was his intent to preserve every tree on the property. There was the problem I " of time, which was very important. " !, In answer to Mr. Williams, Mr. Mulder explained that the site was a Sbping hillside and could e I; not be developed densely. He could not make a well-founded commitment at this time. I ,i Ii I' Mrs. Campbell was concerned that this might not be in agreement with the proposed urban service " " boundary. She asked when this boundary would become fact. Many decisions skirt this issue. Planning Director explained the status of the general plan and said it would be two months before it would be before Council. He assured Mrs. Campbell this site was within the urban I service boundary. Councilman Mohr suggested that it would be some time before the Boundary Commission reviewed this proposal, and that in the meantime the Council could view the property. 'I There was discussion concerning the role of the Boundary Commission and the significance of " the Council referral. , Councilman McDonald did not feel a recommendation should be made to the Boundary Board with the feeling that it could later be rescinded. It was his suggestion the matter be tabled " until the Council was prepared to make a firm recommendation. I, I Teague moved seconded by Mr. Mohr that Res. 1948Abe held for 60 days for further consider- Ii Mr. I' ation and to give the Council an opportunity to view the site. He amended his motion to a II 1 maximum of 60 days, with the agreement of his second. ! I: Mayor Anderson pointed out that the wheels of government gi:ind slowly, and by delaying, the 'I I.. " Council would merely postpone an inevitable decision. From the testimony heard, he felt the ii I' resolution could be passed and the matter put on the Boundary Commission agenda. In the mean- I, 'I time, a staff report could be made to Council, and if it was the Coun9il's desire, the matter I ,I , could be removed from the Boundary Commission agenda. :; Ii Mr. Teague agreed and suggested staff schedule a Council tour of the area. He withdrew his II motion, with Mr. Mohr's agreement. 1- ,t i: i' I: Mr. Mohr moved seconded by Mr. Teague that Res. 1948Abe adopted. (See Pg. I~ of these minutes for formal action on Resolution. ! In answer to Mr. Hershner's concern about direction to Boundary Commission, City Manager explained the function of the Boundary Commission, and that they have asked that annexations f be City Council initiated. The wording of the resolution simply states that the property is proposed to be annexed to the boundaries of the City. e Vote taken on motion as restated. Campbell and Mr. McDonald were opposed. Mr. Hershner, Mrs. Mr. Teague, Mr. Mohr, Mr. Gribskov and Mr. Williams were in favor. Motion carried. " d 1: A short break was taken. ': Ii C. Continuation of hearing, Planning Commission Conditional Use (Child Care Center, lS~3 II 'I Moss Street). Continued from meeting of June 28, 19,71. Ii ,I II This was a continuation of a hearing from the meeting of June 28, 1971 on an appeal from I; Ii a Planning Commission decision. The Council requested further questioning of the ;, " appellant and that interested parties be notified of the hearing so that they could be 11 , I: present. Staff has submitted a report to Council regarding specific questions and the Ii owner is prese~t. II I' I II City Manager read the report which outlined normal operating procedure planned by the I ,I I' owner for the child care center. Staff had contacted the appellants, Mr. and Mrs. Walter d H. Ruppel to determine if there were any conditions which might be established which " 'I i: would allow operation of the day nursery. Mrs. Ruppel reiterated the request that the I :' conditionaluse permit be denied. " 'i " Mrs. Kathy Balk, representative of the child care center, explained reasons for planning to accommodate a smaller number of children at one time than allowed under the permit and that this had always been their policy. She commented that the house in question had housed seven children when occupied previoulsy and that neighbors next to their present e operation had not complained about noise. The distance between the two houses is only ~ 7/12/71 - 3 ""III e ~4{) 7/12/71 I; Ii 'I I' I ,I I: I, Ij ten feet, but the children would be playing in the back yard, which is quite a distance " :1 , , from Ruppel's house. " l' ,: il Planning Director showed a slide of the proposed location showing the existing hedge and ; the fence, which will be replaced with a higher fence. , I' " Teague asked to be excused from voting on this item, Mr. since he knew the appellant qui te well. " Mr. Mohr moved seconded by Mr. McDonald that the appeal from the decision of the Planning " , Commission be denied and the Planning Commission decision upheld. ;: Mr. Gribskov Bommented that he would vote in favor of the motion, and felt that with cooperation between the center and Mr. Ruppel, certain play hours could be designated and he could regulate his rest accordingly. e Mayor Anderson commented that it has been proven child care centers can be good neighbors, and this can be the case here too. Vote taken on~motion. Motion carried, with Mr. Teague abstaining. :i D. Continuation of Hearing, appeal from Zoning Board decision (Mitchell request to exceed :: density limits at 721 West 5th) continued from meeting of June 28, 1971. , I Mr. Delbert H. Mitchell appealed a decision of the Zoning Board to deny his request for variance in an R-3 zoned area. The requested variance would have allowed addition " of an apar~ment in the basement ,of a 4-unit building. City Council had postponed this matter, since the wrong property had been viewed by them on tour, and they wished,to be I! properly informed before making a decision. They have now seen the correct property. ,I 'I Ii There was no one to speak in favor of or against this request. Mr. Teague moved seconded by Mr. Mohr that the appeal be denied. Motion carried. E. Black Community Survey, Council Committee Recommendation " {Minutes of June 30 commi ttee meeting} The official conmrrttee appoillnted to review the i' " Black Communi ty Survey had several meetings under the chairmanship of Councilman Williams. ;1 The conmrrttee included three councilmen, members of the Human Rights Conmrrssion and the ! City Manager's staff. Councilman Williams read thecomrrdttee report and outlined changes suggested by the comnrrttee. He commented that the report was the majority view ,I of the comrrdttee, but that all the committee was not present at all the sessions and " " that there were differences of opinion in some of the sections. I' I , Councilman Mohr asked if the recommendations covered all the recommendations :, suggested by the original report. Mr. Williams said implementation was not dealt with " in the general summary. T lis W'Quld best be developed by the indi vidual charged wi th this responsibility. I ;i I Mr. Williams pointed out that specific areas of responsibility in which the minority I' relations specialist would operate are listed in the report. He said the original ! report proposed that the specialist would report directly to the Human Rights " Commission, but this was changed to City Manager, since this was provided by the Ci ty :, Charter. Mr. Dean Owens, chairman of the Human Rights Comrrdssion,6ut1ined changes being e 'I made because of the Black Community Survey and areas where it was felt a specialist I' " could implement further changes. He felt the minority relations specialist position should be a continuing position for the purposes of solving the particular problems of minority people. " II " Robert Edwards, member of the Human Rights Commission, has been acting as a 'I Mr. " liaison between school minority people and the community. He felt a minori ty specialist , could serve a broader aspect. " " " Theo Allen, member of the Human Rights Comrrdssion, commented on her involvement wi th 'I 'I ': the State Employment Service and their agreement that such a person would be helpful I :' to the City. The State Employment Service has not sufficient funds to provi de a ,: Eugene representative, and feels that the problems ,are limited in relation to other 'I sections of the country. Mr. Jones of Lane Community College, commented on the fact that percentages are I used for allocation of monies, and that this does not always present a true picture. He felt that the job description for the minori ty specialist indicated that this person would have to be superhuman, and he felt the Council should be creating a staff, rather than a position. Mayor Anderson said that the City had passed an equal opportunity ordinance a few years ago which committeed the City to a program of equal opportunity. He looked on the survey and recommendations of the special committee as an opportunity to open up new ,vis tas e to bring the black community and other minorities in the City into closer contact with institutions available to them~ He said he would strongly support the recommendations of the committee. 7/12/71 - 4 ....IIIIl ,.....-- I C(J e 7mnl. i - -- -- .. . . -- ,-'I ~ I I' I: I ~ ' I I Mr. williams moved that the Council. approve Item..1. ,of the .report.and. in view of the , tentative status of our budgetl he felt. Items.2.and.3..should.be.referredto the budget il " committee to be held in abeyance .un.til .the budget.committee mets again or the budget is 'I I, t: resolived. Ii " ;! Manager pointed out that the.next ,official.meetingof. the..Council..would occur after the ;1 Ii budget election. The Council.would..have authority.to,deve~e~,funds.a1ready ,in the budget to Ii II this purpose. If the budget fails'l the.Council would.have..to. take.. another. look., at priorities. I " 'I I, " :! Mr. Williams moved seconded by Mr. Gribskov to reword his motion to accept Item land " iI that Items 2 and 3 be accepted if the budget passes... .If :i t. fails I .he recommended that II !: Items 2 and 3 be referred to the budget committee for priority allocation. i: :i 'I ! Mr. Mohr commented that this program should be given.absolute.priority in the next II years budget. He did 'not feel the Council decision ,should be subject.. to decisions by II e I' the budget committee. :, 'I II ![ There was Council discussion about funding this position and . whether this shou!d hinge I, I on the budget electionl Mrs. Beal amended the motion to .say . the Council accepted the I: :, report. Mayor 'Anderson ruled the motion out of order. I' ': Ii Mr. Mohr said he would rather not vote on the motion at this timel and fel t formal I' iI I, action could be taken at the regular meeting. Mr. Williams agreed this would be I Ii appropriate and wi thdrew his motion. il i! 'I Mayor Anderson said formal action was postponed until the regular meeting and again I i! expressed approval and support ,..of. the report and. the" recommendations of the commi ttee. " He said it had high priority ,and :he hoped the Council would. give it careful consideration. 'I " Ii i: The committee report reproduced above was read in full. II :, " " Mr. Teague moved seconded by Mr. Mohr that the recommendation be approved. Mr. Mohr " I, I' clarified that the report contained three recommendations, and that, since the budget Ii II had passed, this motion was to approve all three recommendations. Mr. Teague agreed. " Ii I, Larry Carter, member of the Human Rights Commission, commented that the minority II Mr. I! I: relations position would be a burdensome task. There is no precedent to gauge th~ i: amount of work it will take. The question of additional staff can be deferred until " II the exact tasks can be determined, but the Council should not delay action on the position. Ii , " I! Mayor Anderson thanked Mr. Carter for his many years of service on the Human Rights ;1 i: Commission and commented that he will be leaving the city shortly. He thanked him for , I: his many contributions to the work of the Human Rights Commission. !; II Mr. Williams said the report represents the majority viewpoint of the committee, and " iI I' II that he would be glad to discuss any specifics, if the Council wished. II " I \ , ,i I' Mr. Mohr commented that there is a check and balance system. " ]1 ii Mote taken on motion as stated. Motion carried. " , i: F. Pacific Northwest Bell Franchise I' II " Council Bill No. i' 9443 - Granting Pacific Northwest Bell franchise, was submitted the 'I first time June 28, 1971 and held for notification of public hearing on July 12, 1971. e I, " ,I , ;: " Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council I' I! bill number only, and that enactment be considered at this time. r: Ii Manager said staff and the Telephone company have come to an agreement on the one area I: I' of concern, and there are now no areas of dispute. The agreement is ready for passage. 11 Vote taken on motion. All councilmen present voting aye, the motion carried. I: Ii Ii Mr.. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Ii il Rollcall vote. All councilmen present voting aye, the bill was declared passed and ., numbered 16262. I " II ,I G. Room Tax Allocation Committee Report - (From Committee Report of June 30, 1971) I, I' " I' I it Copies of the report of the Allocation Committee were previously mailed to Councilmen " 'I and it was read at the Committee meeting. I, " i1 There was discussion of the allocation j; to the Chamber of Commerce. Mr. Art Fairchild i: explained the need for promotion of the ci ty as a si te for conventions and to promote II Ii touris!.ft. He explained improvements and addi tions made in other Oregon locali ties and 'I that Eugene had been receiving less and less of this business. I' I, ! There were other questions whichooula not be answered, since the chairman;of the I' e :' " committee was not present. , , ** See Page 11 of these minutes for recommended allocations 7/12/71 - 5 ~ ""II . G~ 7L12j71 II II I II Manager said Mr. Glen Cougill., . president .of the .Room .Tax..Allocation Conuilittee, was Ii Ii present at this, meeting and could answer questions. Ii - " I: Councilman Teague was concerned with the allocation to the Chamber of Commerce. He ' Ii felt the original intent had been for a percentage. Manager did not recall that this , ! . I, i: was the pohcy. , ' . i ~ I ii In answer to Mr. Teagtie, Manager said the Chamber received $15,000 in 1970-71 and $9,000 ' :' in 1969-70. Mr. Teague did not feel it was the intent of the people to allot this amount ,I ' 11 for Chamber promotion, but that it was for other purposes. ;: " i: :i In answer to Mr. Mohr's concern, Mr. Cougill said Gramarye Theater was denied on the Ii basis of a report that it was a profit-making corporation and filed as such. The infor- mation was received from a member of the committee. An interpre:tation of the ordinance " :i from the City Attorney was that the funds should be allocated only if the recipient of ' il the funds was somewhat of a public body . With this reasoning, a corporation, whether 4It I profit or non-profit, would not be really eligible. Mr. Mohr requested a ruling from the City Attorney whether a non-profit corporation which was primarily devoted to cultural activities would be eiigible to receive these tax monies. :' 'I Mrs. Campbell asked why Eugene Sympbnny request had been cut. They had requested more i I than the $1500 to meet their deficit. Mr.' Cougill said after a personal conversation with the finance director of the Symphony, he felt the $1500 would be adequate. The committee frowned upon starting a precedent of bailing organizations out because they fialed to meet their budgets. Mrs. Campbell felt the purpose of the room tax was to subsidize some of the arts. Mr. Cougill agreed and said many arts are being subsidized by this tax. The request for Eugene Symphony and several other cultural requests for 1970-71 have not yet been acted upon. He ,felt a sizable amount of the funds should be returned to the industry from which they came, which would come under tourist promotion. It was felt expansion of the tourist industry wbuld help the economy. There was further discussion of the amount of the fund accumulated and the percentage retained by the motel operators for'the~r collection. It was pointed out that they get 5% of the 3% tax for their collection service. In answer to Mr. Teague, Mr. Cougill explained that, although these funds go to the Chamber of Commerce, they are earmarked for tourist promotion, and this specific use is the only use which can be made of the funds. Paul Lansdowne, group hospitality chairman for the Chamber of Commerce, 'explained his function and experience in bringing conventions and other promotional events to the city, and that it had become necessary to have two persons involved in this work. For this reason, the budget had been increased. I There was further discussion concerning the increase in the request and its possible use. In answer to Mr. Mohr, City Manager said the room tax allocation committee is an advisory committee and the Council has authority to accept, reject or amend recommendations of the allocation committee. He agreed with Mr. Teague that other recreation uses,'such as tennis courts or golf courses, could be funded from this tax money. " ~ Laura Towle inquired if her group could request an allocation from these funds. City , Manager explained the procedure for making a request. I Dorothea Kenyon, Rt 6 Box 392, critized the Council for failure to inquire more carefully into allocation of these funds. She felt they should have representation on the committee. Paul Bessler, 1044~ West 8th, felt the desirability of a convention center should be ascertained before such large funds are allocated toward'one. In'response to a question -posed by Mr. Bessler, City Manager outlined the ballot measure adopted by the people of the city'of Eugene which provided funds for acquisition of recreational, cultura~ convention and tourist related services and promotion there&f. This is part of the charter and is a description of uses to which it can be put. I Mr. Teague said he personally would like to see a compromise where the full allocation to the Chamber of Commerce was not underwritten, even though he felt it was a good cause. Mr. Mohr suggested perhaps some items could be held in abeyance for further study. :: Mr. Williams pointed out that the federal government had found that tourisin>dealt with :; economic development, and had funded tourist promotion in some areas of high unemploy- if ment. This had proved very s uccess;fllili. He felt expenditures were very des irable for :1 the economic development of the area: !! " . e Ii Mrs. Campbell suggested postponement of a decision becaase she did not feel the Council '! :i ,i 7/12/71 - 6 .... ,...- I (13 e 7/12/71 T r I :1 " I " I I had enough information. il I , I " II , II Mayor Anderson pointed out that the committee has no easy task in sorting out requests : " and still conforming with the ordinance. He felt they had studied the applicationa and " Ii made a recommendation to the council they felt was right. II :1 I, :! " Mr. Mohr suggested that councilmen might appear before meetings of the room tax committee " ii to be an advocate of a particular project. I! " II Wi+liams to accept the room tax allocation committee " Mr. McDonald moved seconded by Mr. 'i Ii Williams, McDonald, Gribskov and Hershner voted aye; Mr., Teague, Mr. , :1 report. Messrs. Mohr , ,I and Mrs. Campbell voted not. Motion carried. !i II I, I Mr. Cougill explained the 'procedure of the room tax committee in allocating funds, and iI I! that they would be having another meeting soon to allocate funds for this budget year. .t i: II :! Mr. Mohr moved seconded by Mr. Williams to set the time for adjournment for this meeting e I! " at 12: 30 a.m. Motion carried. :; d " III. Items to be considered with one motion 'after discussion of individual items if requested. :1 ii Items were previously discussed, at the committee meeting of June 30, 1971 and those minutes !I are printed in italics., :' : " Ii A. South Willamette Street Noise and Traffic Report - Staff prepared a report which was I I' 'I previously distributed to Council. It has been found tha.t some of the problem is due " ,I to general traffic and some to weekend recreation. Some extra police service 'will be " il involved in an effort to control the weekend noise and suggestions have been made for :, " physical change of street patterns and use of temporary barricades on an experimental I :1 basis to try to remove the source of some of the distrubing noise from residential i: stree ts . Staff requests authorization to proceed wi th pUbli c meetings wi th people in the area to explain .the traffic proposal and get their reaction to the physical changes and to refer this proposal to the Planning Comrrdssion for consideration., Mrs. Beal moved seconded by Mr. Gribskov to accept the recommendation of the Traffic Engineer. " In answer to Mr. Mohr, Manager said public notice will be given of Planning Comrrdssion if I: and Council public hearings on this matter. ;! ,I II Vote taken on motion. Motion carried. Approve il 'I I, B. Agreement between City and State of Oregon - An agreement is proposed for construction Ii I' of a section of Highway I-1D5. A change in the 1967 agreement between the city and ,I " the state is necessitated by the decision to allow multiple use of land through 'i II elevating the highway and allowing park development of the ground. The new agreement I; " provides 'for a lease to the City for 25 years renewable for an additional 25 years, of the I' " ground level area between 1st and 7th and between Washington and Jefferson. It 'provides I' ;, i! that the State may construct an interchange with Highway 126 (Roosevel t Freeway) at I , " some future date. A subsequent agreement is provided for state installation of irrigation, 'I " ,I turf, landscaping and other ground improvement f#icili ties which are eligible for federal II :i funding, and that the state shall provide the grading and construct the walkway system. II Mr. Williams moved seconded by Mr. Gribskov that the Council authorize the Mayor and City Recorder to execute an agreement with the State of Oregon regarding the '1st to 7th Street extension of I-1D5. City Manager commented that the State could begin cons~ruction on Highway 126 in the e next year. They are also willing to consider bicycle trails as part of this facility I and perhaps a bicycle bridge across the river. , I ! I vote taken on motion as stated. Motion carried. Approve C. Comment on Traffic Engineering Pamphlet - Councilman Williams commented on the document "Frank Talk" published by the Traffic Engineering Division. He had a number of questions, among them: why it was printed; how it is used; to what extent city funds went into it. He said he would be happy to receive a written report dealing with those questions. He felt the document was offensive both to elected officials 'and to the citizens in general, and felt it should not have been printed at public expense. Manager said the pamphlet was not intended to criticize either the public or public officials, but, was intended to explain the functi(::m of the Traffic Engineer. He I apologized for the tone which was apparently offensive, and said staff had not detected this before it was published. He said the document will be corrected before any further use is made and a wri tten report wi 11 be submi tted to the Countf:i.l. Affirm D. Minutes of the meetings of June 14, 15 and 17, 1971, were approved as circulated. Approve,' Mr. TeagMe moved seconded by Mr; Mohr that the above items be approved, or affirmed. Motion carried unanimously. - 7/12/71 - 7 ~ "'lIl e Cdl 7/12/71 - Ii [: I rl Ii 'I ,I IV. Items not Previous:ly Heard )1 , I A. Authorization to purchase and exchange right of, way. for. 'N,orth Beltline Flod'Glway II I: i 1. Lane County Escrow 2 acres $7 030 " I . .' I, 2. Marnold & Kathleen Smlth .774 acres 3 000 " , 'I 3. Joseph J. Naylor .184 acres " Exchange " " 4. General ~roperties .026 acres " " !' i: 5. Edwin and June Cone 1.9 acres 6,600 " I; 6. Ingham property .5 acres " 1,200 II Manager read the.list of properties 'and the amounts the Council has been asked to authorize " I' for their purchase. 'I " Ij Mr. Teague moved seconded by Mr. Mohr that the authorization be given to purchase or exchange the properties listed 'above. Rollcall vote. All councilmen present voting aye, the motion carried. e B. Planning Commission Report of June 14, 1971. 1. Recommend installation of "Yield" signs protecting Alder Street traffic between 24th and 28th. Commission also recommended budgeting funds for construction of traffic diverters on residential streets such as Alder in order to discourage their use as through streets. Mr. Teague moved seconded by Mr. Mohr that this recommendation be accepted. Motion I carried. C. Segregation of Assessment, . Cosgrave - $6,839.05 " ;,-~:s,~.. Tea.gue moved seconded by Mr. Mohr that the assessment outlined above be approved. ~R~,J.lcallvot~ ':': All councilmen present voting aye, the motion carried. I D. Appeal from Planning Commission Decision, Day Nursery, 934 Washington Street. - Set date for hearing. Mr. Teague moved seconded by Mr. Mohr that July 26 be set for. public hearing on the i :1 appeal listed above. Motion carried. ': I, I' E. Petition, Paving, Sanitary Sewer and Storm Sewer, Acorn Park - 100% petition on paving Ii 'I II 68% petition on sanitary sewer " I: " Mr. Teague moved seconded by Mr. Ii Mohr that the petition be accepted. Motion carried. " " F. Liquor License Request, approved by Police Department Package Store,B - 7-Eleven Food Store, 2270 West 18th (new location) Mr. Teague moved seconded by Mr. Mohr that the license request be approved. Motion carried. I ORDINANCES COUNCIL BILL NO. 9432 - Levying assessments for paving, sanitary and storm sewer in Timber Village Subdivision was submitted and read in full the first time on June 14, 1971 and held over 'I to this meeting to allow proper notice of assessment to be given owners of affected property and brought back for consideration with no written protests on file. e Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill humber only, and .that enactment be considered at this time. Motion carried unanimously. 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 16263. COUNCIL BILL NO. 9433 - Eevying assessments for sanitary sewer within 160 feet of Cleveland Avenue from 24th Avenue to 25th Avenue was submitted and read the first time on June 14, 1971 and held over to this meeting to allow proper notice of assessment to be given owners of affected property 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, and that enactment be considered at this time. Motion carried unaniI;lously and the bill was i I: read the second time by council bill number only. I' . ~ I I: Mr. Teague moved seconded by Mr. MOhr that the bill be approved and given final passage. Rollcall I ,I vote. All councimen voting aye, the bill was declared passed and numbered 16264. i: ,I II COUNCIL BILL NO. 9434 - Levying assessments for ~~ sewer levy between Bertelsen Road and :1 !1 Wallis Street south of 11th Avenue described as Tax Lot 17-04-34-2000 and 2101 was submitted and ii read the first time on June 14, 1971 and field over to this meeting to allow proper notice of !i assessment to be given owners of affected property and brought back for consideredation with no written protests on file 1: I: Ii Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number e '1 :1 only, and that enactment be considered at this time. Motion carried unanimously and the bill was I' I, :1 I 7/12/71 - 8 ...oiIl ~ I 015 e - ~ _J/12/71 -- ~ - read the second time by council bill number only. \\ I Ii II " I' Mr. Teague moved seconded by Mr. Mohr that the bill be apprGJ'Ved and given final passage. Rollcall I I, vote. All councilmen present voting aye ,the bill was declared passed and numbered 16265. 'I II " COUNCIL BILL NO. 9435 - Levying assessments for sanitary sewer on Seneca Road from 600' south of 1st Avenue to Southern Pacific Railroad Tracks was submitted and read the 'first time on June 14, 1971, and held over to this meeting to allow proper notice of assessment to be given owner of affected property and brought back for consideration with one written protest on file. [I A letter of protest was received from A. W. Kilborn of Southern Pacific Company. Public Works Director explained that this letter had been answered with an explanation of the increase in the levy. ' Southern Pacific was requested to repsond if they were still not satisfied, or to be repre- sented at this hearing. Since there has been no response, it would appear the explanation was satisfactory. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number e only and that enactment be considered at this time. Motion carried unanimously and the bill was read the seond 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 decla~ed passed and numbered 16266. I' II COUNCIL BILL NO. 9436 - Levying assessments for sanitary sewer between Tabor Street and I Norkenzie Road from Holly Street to 160 I south of Acacia was submitted and read the first time on June 14, 1971 and held over to this meeting to allow proper notice of assessment to be given owner of affected property and brought back for consideration with on written protests on file. Mr. Teague moved seconded by Mr. Mdlr that the bill be read the second time by council 'bill 'number o~ly 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 taht the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye the bill was declared passed and numbered 16267. COUNCIL BILL NO. 9442 - Relating to nuisances caused by dogs and amending Section 4.335 of the Eugen~ Code and declaring an emergency was submitted and read the first time June 28, 1971 and failing to receive unanimous consent for second reading, was held over to this meeting. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number only, and that enactment be considred at this time. Motion carried, Mr. Williams voted no, 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. Mr. Williams voted not, all other councilmen voted aye, and the bill was declared passed and numbered 16268. " COUNCIL BILL NO. 9443 - Granting Pacific Northwest Bell Franchise, was submitted the first I time June 28, 1971 and held for notification o,f public hearing on July 12, and brought back at this timef~r second reading. (See fore part of these mnnutes for public hearing) Mr. Teague moved seconded by Mr. MOhe that the bill be read the second time by council' bill number only and that enar;:tment be considered at this time. Motion carried unanimously and the bil~ 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 e vote. All councilmen present voting aye the bill was declared passed and numbered 16262. COUNCIL BILL NO. 9468 - Adopting budget; making appropriations."and 'determining and levying annual tax levy'; and declaring an emergency was submitted, and no councilman present requesting that it be read in full, was read the first time by council bill number only. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number ,I only with unanimouslconsent of the Council and that enactment be consideredcat 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 biil be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16269. COUNCIL BILL NO. 9469 - Amending several sections of Eugene Code 1971 and declaring an emergency was submitted and no councilman requesting that it be read in full was read the first time " by council bill number only. I Mr. Teague moved seconded by Mr. Mohr that the bill be rea( 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 16270. City ,Manager explained that' in preparation of the new code a cut-off date was set for January, e ~ 7/12/71 - 9 ""'III e G1G 7-/-J:2-/-7-1 r II I ,j Which meant nothing adopted after that time was included. in .,the code. This ordinance will incor- " If II porate all new ordinancesinto the code which have been adopted by the. Council since that time. II !j ,I I' It COUNCIL BILL NO. 9470 - Amend Ordinance Mo. 16254~adopted June 28, 1971 to construct sani- l ~ tary sewer within Mark J Subdivision and on 13th Avenue from Buck to Acorn Park was submitted, I: and no councilman requesting that it be read in full was read the first time by council bill number II \1 only. , , p :! Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number " I' only with unanimous consent of the Council and that enactment be considered at this time. Motoin :i 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 I " , , :1 vote. All councilmen present voting aye, the bill was dec~ed passed and numbered 16271. i: I COUNCIL BILL NO. 9471 = Amend Ordinance No. 16255 adopted June 28, 1971 adopting plans and e specifications to construct sanitary sewer within Mark J. Subdivision and on 13th Avenue from Buck to Acorn Park was submitted, and no councilman requesting that it be read in fu~l was read the first I time by council bill number only. I: , Mr. Teague moved seconded by Mr. Mohr that the bill ber~a9 the second time by council bill number " t " only with unanimous consent of the iliuncil and that enactment be considered at this time. Motion il , carried unanimously and the bill was read the second time by council bill number only. It 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 16272. COUNCIL BILL NO. 9472 - Amend Ordinance No. 16252 adopted June 28, 1971 to improve streets within Mark J Subdivision and BUCK Street from 14th Avenue to 100' north of 13th Avenue and Quaker from 14th Avenue to 300' north of 14th Avenue and 13th Avenue from Buck ~treet to Acorn Park was submitted, and no councilman present requesting that it be read in full was read the first time 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 canried 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 passaged. Rollcall vote. All councilmen present voting aye, the bill was dec~ed passed and numbered 16273. COUNCIL BILL NO. 9473 - Amending Ordinance No. 16253 adopted June 28, 1971 and adopting plans and specifications to improve streets within Mark J Subdivision and Buck Street from 14th Avenue to 100' north of 13th Avenue and Quaker from 14th Avenue to 300' north of 14th Avenue and 13th Avenue :! from Buck Street to Acorn Park was submitted and no councilman present requesting that it be read in full was read the first time by council bill number only. " Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number I " 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. I ~ :i Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rd:Jllcall vote. All councilmen ~resent voting aye, the bill was declared passed and numbered 16274. ,: COUNCIL BILL NO. 9474 - Amending Ordinance No. 16250 adopted June 28, 1971 and to construct , sewer on Avalon Street and Avalon Street extended from Candlelight Drive to Danebo Avenue and within 'I II the subdivision of 2nd Addition to A.A. Bennett was submitted and no councilman present requesting e that iill be read in full was read the first time by council bill number only. Also second reading. Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final.passage. Rollcall vote. All counk~lmen present voting aye, the bill was declared passed and numbered 16275. COUNCIL BILL NO. 9475 - Amending Ordinance No. 16251 and adopting plans and specifications to construct sewer on Avalon Street and Avalon Street extended from Candlelight Drive to Danebo Avenue and within the subdivision of 2nd Addition to A.A. Be~nett was submitted and no councilman present I: requesting.that it be read in full was read the first time by council bill number only. I' :1 " , " Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill number " I 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. il " Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall I I' vote. All councilmen present voting aye the bill was declared passed and numbered 16276. COUNCIL BILL NO. 9476 - Levying assessments for sidewalk on Donald Street adjacent to Tax Lot 18 03 19 3602 was submitted and no councilman present requesting that it be read in full, was read the first time by council bill number only. Mr. Teague moved seconded by Mr. Mohr that the bill be held over to the meeting of August 9, 1971 to allow proper notice of assessment to be given ownrs of affected properties. Motion carried I: unaniJ!lously and the bill was held. '~ " e 'I ,""~ 7 /12/71 - 10 ',"'~ ..... ,.... I 61-7 e 7-!-l2L7.1 If I' II II I COUNCIL BILL NO. 9477 - Levying ass.essments for. s.anitary.sewer in area from 160 I west to ,I i. If 160 I east of Sweet Gum Lane from HarloN Road to south boundary of Sweet . Gum Park was submitted and ,. " .' no councilman present requesting that it be reaa in full was read the first time by council bill Ii number only. Ii Mohr that the bill be held over to the meeting of August 9, 1971 ,I Mr. Teague moved seconded by Mr. ,( to allow proper notice of assessment to be given owners of affected properties. Motion carried I, I, unanimously and the bill was held. Ii II RESOLUTIONS : II ;':RESOLUTI ON NO. 1948A " II !: RESOLUTION NO. 1949 - Authorizing Mayor and City Recorder to execute agreement between the [I City and the State Highway Commission was submitted. Ii ii Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Rollcall vote. All councilmen Ii present voting aye the motion carried. 1 Ii e :i RESOLUTION NO. 1950 - Accepting bid on construction warrants for 71-72 construction season was I, I' submi tted. ,I ,I !I Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Rollcall vote. All councilmen :1 'I present voting aye the motion carried. :1 I, I, i' RESOLUTION 1951 - Authorizing payment of bills, claims and progress payments was submitted. " I :1 ,I ii Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Rollcall vote. All councilmen " !: present voting aye the motion carried. I, " e-RESOLUTION NO. ;1 1948A - Initiation Minor boundary change for annexation (Braezeal & Allen) was sub I! mitted. Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Motion carried. !I :, Upon motion duly made seconded and earried, the meeting was adjourned to July 26, 1971. I! I' ~eY ,I ~ : Ii 'I '. I' ,I ii it Ci ty Manager , ~ " :' 'I I' 'I II **The Room Tax Allocation Committee recommended the following allocations from the Room Tax ,I I. Fund: Ii Of the estimated $150,000 available for allocation through 1971872 fiscal year it is recommended i! II that $39,510.00 be allocated at this time. " Ii II l. The sum of $34,Q60 to the Eugene Area Chamber of Commerce in their program of tourist and Ii II convention promotion. The committee favors a sizable portion of the total tax funds be used I; in promoting benefits for the industry from which the funds come and the results of these I " II promotional efforts will benefit the economy of Eugene as a whole. A budget and indicated I, I, use of this allocation is on file in Finance Department. 'I " ii 2. The sum of $1500 toward the budget of Eugene Symphony Assoc. to assist in covering a I: I: deficit in their 1970-71 operating year. I' I' .' 'I !, 3. The sum of $1,000 for the 1971-72 budget of the Eugene Community Orchestra Ii ., " 'I 4. The sum of $750 toward the musical workshop and festival to be sponsored jointly by the e :1 " University of Oregon and ~he Community lr Ii 5. The sum of $2,000 toward the 1971-72 budget of Eugene Junior Symphony. II " " " i A request from Gramarye Theatre was considered, but the Committee considered them ineligible. \1 " II I: I: I' " I' Ii j! " Ii " " , " I: I " ii \' II Ii I' ,I ii II " 'I Ii II ,\ e [I ,I 71;1:.2/71 - 11 .: ,. '. ~