HomeMy WebLinkAbout07/26/1971 Meeting
""Il
e GI8
11
,J I'
,I
!I Council Chamber
Ii Eugene,. :Dregon
,
July 26', 1971
,
I
:1 Adjourned meeting of the Common Council of the city of Eugene, Oregon was called to order by Pres-
il ident Charles Teague in the absence of Mayor Anderson at 7:30 p.m. on July 26, 1971 in the
.,
:! Council Chamber, with the following Councilmen present: Mr. McDonald, Mrs. Bea.l, Messrs. Gribskow;
Williams and Hershner, Mrs. Campbell. Mr. Mohr was absent.
" 1. Public Hearings
i;
,
" A. Mall Rules, Dance Regulations (The following sections printed in italics are from the
:;
:'i Conmrittee Report of July 14, 1971)
A number of meetings have been held with staff and persons interested in modification'
of present regulations on dances in the mall. There have been many issues, but three
e areas were of particular concern and are brought to the Council because of the time
.1 factor, dancing being primarily a s umroer acti vi ty .
.,
:1
A summary of the committee position and staff position were previously distributed
to Councilmen, and copies were available for those in the audience.
l. RESTRICTION TO ONE DANCE PER MONTH
J Andrea Sharp" 2276 Kincaid, owner of Andreas on the Mall and a business member
:I of the EDA,agreed with the dance committee recommendations.
.,
.' Mr. Paul Bessler, 104412 West 8th, said there is an entire system set up wi thin
the mall regulations for granting of permits. The Council has authori ty to
grant or not to grant permi ts and to choose what acti vi ty to allow for a gi ven
time. He did not think this requirement was necessary in this section. He
di d not feel it was necessary to 1imi t dances, since there were not too many
weekends left when the weather would be good for dances. The change to three
weeks was no more satisfactory than the provision for once a month.
Laura Towle, 906 West 4th, said the restriction on dances was discrimination,
since no other activity was limited as to frequency. There are very few
acti vi ties in town for young people and the ci ty should provi de them wi th an
" opportunity to get together.
I
!I
I: LaVern Krause, 3295 West 16th" said the city should take an interest in
human beings and remove restrictions on matters which contribute to their
enjoyment.
.1 John Norem, 1992 Potter" said the last few dances have attracted large numbers
of people of all ages. They come down to enjoy the mall and bring life to the
mall. The restrictions are restricting that life.
I II
.:
Steve Hausberger, 909 West 4th, said original regulations had set Sunday as a
day for passive enjoyment of the mall, but this rule had been deleted. He felt
it should still remain, and that Saturday nights should be allotted to activities.
" Mildred Wellborn, Veneta, said she remembered when Willamette Street was a
:'
gravelled street, and she liked it better.before the mall was put in. The
young people could have a good time. She fel t the ci ty should allow them to
e eontinue to enjoy it.
Mike Horster, 458 West 12th, fe1 t the mall should be open to as many acti vi ties
as possible. He pointed out that without a limitation, different kinds of
dances could be held. If dances were to be 1imi ted, why not limi t all other types
of acti vi ty . If there haven't been many applications to use the mall, why
should artificial limitations be put on its use.
Jerry Harris, 973 Hilyard, said he had worked with young people, and that they
needed some type outlet to get a feeling of being part of the environment. .
He was in favor of dances as many times as they could be scheduled, since not
II many activities are provided for young people.
~ ;
Gary Grant, said the issue had been grought by a small groyp of businessmen who
weren't responsible to the majori ty of the..J)eople.
J Mrs. Campbell was interested in the number of applications and whether there was
a problem of too many requ~sts for mall use. Parks Director said he has received
21 applications, not all ~o1 dances. He said there is plenty of room left.
;;
,
.'
" Mr. Gribskov asked if the statement that controls were possible through another
,I
, sectionsection of the regulations was correct. Manager agreed that there was a
choice between applications for the same period of time. Mr. Smith said his
concern was that some time be left to guarantee public use of the mall. HIs
e original intent had been to leave Sunday's for this purpose.
7/26/71 - 1
....
r Gly e
7/26/71
0
II
II " I
I, There was further discussion__.oL the . frequency .of.dances..and..bow ..the....dec$sion was
'I
!I made to allow one every three.weeks. . In answer. to .the Mayor,. Ci.ty Manager said
the frequency of dances was considered to be somewhat of a compromdse. ""-
In answer to Mrs. Campbell, Mr. Smdth said dances are held at. various park
centers. He said any.of these dances. is.always.well~attended.
. ../
2. CLEAN UP DEPOSIT
Co~ncilman Mohr entered the meeting.
~
Manager read the positions of the dance corrmrittee and staff. The corrmri ttee
felt the deposit should be changed to $20.00 - up to %30.00 additional charge to
I) be levied ifacti vi ty area requires clean-up by ci ty personnel. The commi ttee
felt that young peopihe were being discrimdnated against, since this was the
highest fee charged in the schedule.
John Norem, member of the dance committee, suggested that it mdght be helpful to e
, those cleaning up if they could get ci ty brooms. As long as people know a fee
.,
will be assessed, he was sure they would clean up.
Laura Towle felt this charge was unfair, and said this was really a lot of money i
to the young people. She quoted amounts charged other activities and stated that
the amount charged for dances was discrimdnation. Others were charged only 1/5 I,.
as much.
LaVern Krause objected to the charge, and felt it was part of the city function
to clean up after such an acti vi ty.
!: Paul Bessler felt that dances were a type activity shared by all, and that they
'.
.: all shared in clean up after it was over. He felt $20~00 was certain a sufficient
fee.
: ~
Mr. Mohr pointed out that the city budgets a great deal of money for normal
clean up of streets, but that this would be beyond.normal clean up and be the
responsibility.of. those putting on the dance. Mr. Bessler pointed out he was not
opposed to the concept of the responsibility for the clean up, but for the deposit
of $50.00, particularly in advance.
In answer to. Mr. .Teague,. manager said that .the fee. could be waived, and if it was
found.the. clean up was not properly done, the city could collect. However, unless
i: it was.an organization with an identity and. treasyry, it would. probably prove
difficult to collect. At the present time, according to the regulations, the amount
could be increased or decreased, or the fee could be waived. There is some lever-
age necessary to assure the area will be cleaned up. After the first dances the
cost of combined clean up .and replacement of vandalism was over $200 in each case.
Since the c~ean up fee has been in effect, there has been no problem. I
,. 3. POLICE COSTS
il
Manager read the dance corrmri ttee s ugges ti on tha t, unless an organization specifically
requests addiLional police, there would be no justification for the requirement
to pay in advance. for extra police deemed necessary by. the city admdnistra'tion.
The committee suggested that, in some cases, thismdght create a'prior restraint
on the constitutionally guaranteed right. to assemb~e, if it precluded assemblies
or activities by those unable to pay. They felt the mall was a public place, e
regularly patrolled by police that there was no precedence for this requirement.
Staff reaction to these comments was that increased police service necessitated
by crowds and to keep individual conduct at an acceptable level at dances, has
resulted in extra expense and that not enough experience has been gained to anti-
cipate crowd reaction to special activities. This will be evaluated as the various
events occur.
Laura Towle 'felt the issue was being skirted, and that other organizations were not
required to pay for police protection. She felt certain citizens were discriminated
against because of their inability to pay, and that use of the mall was therefore
limi ted to those who could pay. Unemployed young people could not use the mall.
She asked the City Attorney about constitutionality requirements of the regulations. "
I'
..
,.
" City Attorney was not sure he could answer Miss Towle's questions specifically,
but he did say that it was not generally a violation of constitutional rights to I
place certain conditions on public assembly. He did. not believe this was uncon-
1 s.titutional "prior restraint." As far as the reasonableness of'the conditions, he
,
would try to give a more definitive answer to the Council on this question.
Mayor Anderson said the Council was not at this time debating the constitutionality
of this issue, and if'Miss Tow)e:cwished further information, she could speak to
indi:viduals after the meeting.
- - ----"'"'''' -_. -
-.- .
- 7/26/71 - 2
~
"'l
e ~5o
7/26/71
Ii
I II Glenn. (Robb, 2045. Ri ver View.,. said many. of. the..prob1ems...were. caused by the
ji presence of the police.
:1 Mr. Bessler did .not . think there .was a precedence for requiring payment for
II
II additionaL. police service ." ..He .did..not think the dance caused the misconduct,
I but that it was merely centered where it was more noticeable.
I,
Ii
Phil DietzJ 450~ Blair, did not think extra police were needed.
Councilman Mohr requested the City Attorney to prepare a memo which would outline
how standards could be applied in determining need for additional police activity
as specified in this. rill1e; what. guidance administration should have for making
these determinations; are standards written in and is the Council on solid ground
or are there standaEds unspecified or implied being applied; and is there a pos-
sibility for misapplication. He was not interested in constitutional problems
e but in common sense problems.
Manager felt a council decision might be premature because of unsettled legal
'I
I: questions, and asked for a tentative decision on the one application before the
'I
:1 staff which would apply only to that dance wi th regard to the police protection
il and whether to wai ve the time period. Other basic questions could be explored
II at the next meeting.
II
I I
I' Mrs. Campbell suggested the permit 'be granted, the clean up fee reduced to $20.00,
I;
:1 a minimum amount of police protection provided at city expense, and see what
I: happened.
'I
I.
I, Mr. Mohr asked for clarification if she was suggesting the normal police patrol
I'
I'
.1 on the mall.
II
I
II
II Manager explained that there is a normal police patrol on the mall, as on other
il
I' public streets.
II
II
.' Mr. Mohr said he would support Mrs. Campbell's suggestion.
~ :
II
I,
ii Manager pointed out that past experience would indicate police supervision 'would
,.
11 not be sufficient if maintained at the normal level. There would be extra cost
'. to the ci ty .
"
,I
~ I
II Mayor Anderson pointed out that staff judgment has to be exercised in particular
" instances and that the Council should not enter into a determination of the amount
Ij . .
II of securi ty required. The issue was the fee, not the protection. Mrs. Campbell
I: agreed and said her suggestion had been for the minimum amount of protection
"
p
I necessary. This would be a staff judgment, but.at this particular time, it would
,I be at city exp~n.se. Police present at parks department danges are at city expense.
II The Ci ty Manager agreed if the acti vi ty was ci ty-sponsored as part of the ci ty
;:
II recreation program, the city paid for extra supervision.
I '1
'i
:r
I: Councilman Williams felt this was in a commercial kind of realm, and it was a
.1 right and proper decision whether extra police were necessary. It was illogical
II
I to say this shou1ddbe charged against the general public.
I'
II
ii Mayor Anderson said he had no particular objection to any interval regarding
'I
II frequency of dances. He felt this was a staff problem. If it would not be out
II
II of 1ine'Jhe felt every two weeks would be proper. He felt the clean up fee should
II
e :1 be maintained with the opportunity to waive it. In the matter of polic~ fee,
I he felt this should stand.
~ i "
I! Mr. Williams moved sec.onded by Mr. Teague that dances be held every two weeks, I
'I the clean up fee should be maintained wi th an opportuni ty to wai ve it, and the po1i ce
:1 fee should stand as it was.
I
II
[i Mi:. Williams said the aml1 rules were adopted in the hope they would benefi t
:1
'I the ci ti zens . He felt the change to a two week dance interval would benefi t
'I the ci ti zens . He had received a number of complaints as a result of the dances,
II especially from neighboring parking lots, and if these complaints reoccur, he
II
jl would move that the dances be banned entirely. Mr. Teague agreed, saying he had
Ii
I' recei ved several simi lar complaints.
,I
.1
I:
'1 Mayor Anderson pointed out that the condit-ions are under constant review and can
H
I " be changed at any time.
II
"
:1
'I
I. CampbeLl explained that she had addressed her- comments to the City Manager's
., Mrs.
II
I' request for guidance on a particular request. She had not been aware a decision
II
" would be made on revision of the regulations.
"
"
Ii Mayor Anderson said revision would give the City Manager guidance.
it
I,
;; Mr. Mohr did not feel he could vote on .this motion, since he had requested
II
e Ii additio~a1 information before passing on the rules. He also felt they should
7/26/71 - 3
...
~5/ e
. ,
ZL26/..Zl
11 =
I , I
I 1
i rule only on this one.request..at.this meeting,..He.felt they were. in.. a position of
I appeal to the City Council for waiver of specified rules.
Mayor Anderson said the Council could act on ,another. motion for a variance. Action
taken today would be unofficial.
Question called and vote taken on motion. Messrs. Teague, Gribskov, Williams and
Hershner voted yes. Mrs. Campbell ,v.oted no. Motion carried.
In answer to Mr. Mohr's concerns, Manager said the administration may_,.waive the
charge for additional police service if, in its judgment, the charge is unnecessary.
Mr. Mohr moved seconded by Mrs. Campbell that the request be. granted for a variance
to eliminate the charge for extra police force.
Mr. Hershner asked for a report from staff regarding the precedence for charges e
for expra police at certain functions, and whether exceptions are made at some times.
Vote taken on motion. Mr. Mohr and Mrs. Campbell voted yes. Messrs. Gribskov,
Hershner, Williams and Teague voted no. Motion failed.
1
!
Mrs. Campbell asked for a report on the practice of the city paying for extra service
I. for dances held by the parks department. I
I
i: City Manager_explained that ,the items for discussion at this meeting are the same as those
considered unofficiaily-at the committee meeting. The City Attorney's office was requested
to research the question of legality of the police costs fee.
Mr. Les Swanson of the City Attorney's staff said the resolution concerning mall ru~es sets
.i forth several categories of different activities requrring a differing amount of deposit.
The requirements for payment must be non-discriminatory and reasonable and standards for
applying the fee must be reasonable and definite. There is nothing unconstitutional about
this requirement for payment. Regarding police protection, there are no specific amounts
stated in the resolution for different types of activities as there are in the clean-up
section. The attorney's office feels that, although the requirement for ad~ance payment for
police protection is within the power of the municipality, this section could definitely be
improved by being made more specific and setting forth some standards and types of activities
to give ~uidelines for judgment by officials of the City as to the amount of the charge.
This section is perfectly legal and constitutional, aut it could be improved. The Attorney's
office feels the mall regulations in general could be improved and more clearly defined with
I more definite standards set forth.
,
Regarding the number of dances to be held, there is nothing to prohibit the municipality
.1 governing that type activity. If it involved political expression, then there might be a
i! necessity for some definite standards and time restrictions.
I,
!I
II Mr. Williams moved seconded by Mr. McDonald that, as recommended at the commitree of the I
Ii
I' whole meeting, dances be permitted once every other week and that the City Attorney be
:! directed to work with the City Manager and staff to prepare those amendments to the mall
use resolution that deal with the charges for police protection and such other areas of
improvement they deem appropriate and that those recommendations be submitted to the Council
for approval.
i Mrs. Beal was concerned that the Council should not take any action until the City Attorney's
,
,
i office has a chance to submit proposed amendments. Mr. Williams explained that his motion
was to modify the section of the resolution dealing with permission to hold dances. It e
did not deal with changes on other aspects of the rules.
Mr. Hershner asked that when the Attorney's office reviews the resolution, it also review
the ordinance. .1
Mrs. Beal moved seconded by Mrs. Campbell to amend the motion to permit dances to be held
i: every week., w~at_h~r permitting, in the mall.
I' Councilman McDonald commented that it was his opinion the rules should be applied to everyone.
Regarding the. number of dances, he could see no reason they could not be held every night.
He felt this should be a staff decision, not a council decision.
Charles Purkovitz, 435 East 31st, asked about the costs incurred in the last dance, and
whether the fee was reasonable in relation to them.
John Norem, 1992 Pot~er, said he was a member of the dance committee. He said the committee I
had made a list of amendments with specific reference to certain portions and paragraphs.
He felt this should have been brought to Council and suggested discussion be opened up on
those points.
City Manager said the committee had presented some specific section proposals. Staff has
reviewed them and made section by section responses. Because of the time problem with getting
regulations for dances straightened out, discussion has been limited to the items which .
pertained to dance proposals. The entire regulations will be brought to the Council for e
7/26/71 - 4
....
.....
e ~'~L,
7/26/71
I II
,I
policy decision. ,I
,
I Laura Towle, 906 West 4th, requested the City Attorney to research previous cases pertaining
!I ]:
I' to like matters, and asked. if members of the commUnity could take part in making changes to
II the rules. This might give more creditability to the rules.
:1 Paul Gratz, member of the comm:i.;ttee\ was also concerned that the amendments prepared by I
,.
'I the committee had not been distributed to the Council for information and study. He fe lt
they should have been cons,idered. at. this meeting. "
"
I ,
,
I In answer to Mrs. Beal, City Manager said staff had not yet heard. from the ACLU with regard
,I
II to amendments they might suggest to the rules. He said when items regarding the dances have
'I been resolved the staff will bring both reports to Council. There are many other things the
II city has to concern itself with besides mall regulations.
II
I'
I Robert Zagarin, 145 West 15th, suggested that the mall regulations be temporarily suspended
e I and a new committee appointed, representing a broad spectrum of interests of the community.
I This would give a sense of community feeling and a more definite set of procedural regulations
I' could be drafted.
,I
I,
.1
" Beulah Wood, 906 West 4th, disagreed, and felt the issue should be dealt with now.
ii
II
II JeFfY Harris, 973 Hilyard, felt a dance was a political activity, and explained his reasons
I \1
II for this belief.
Ii
I: Mel McDermott, 3635 Willamette, said he had visited the Saturday night dance, and that he
II
It though it was a good thing.
Paul Bessler was disappointed that the Council had not seen the entire document prepared by
II
"
I: the dance committee. He explained that a great' deal of research-h_~:q gone into it, and it
II had been examined by legal experts. He felt the Council should' look at it and take it as an
:: educated opinion.
,i
I,
II Sten Mawson, 2960 Onyx, requested favorable Council considerationFof Mrs. Beal's amendment.
'I
II The mall rules were adopted with the idea they could be changed, and he felt it important
II that fuhis amendment be passed so that dances could be held for the rest of the summer.
"
il John Norem suggested that this change be made until there was an opportunity to change the
II
d entire document.
II
\1 Peter Wickam, 184~ Lincoln, Shelly Olick, 569 West 12th and Robert Senora agreed with John
I, Norem, and felt dances should be allowed every night. They would not be held every night,
I
,I but the opportunity would be there.
II
ii Mrs. Campbell questioned the City Attorney about charges for services, and whether the Council
If .;
could set fees. She asked what police protection had cost the city for the preceding dance.
I ,. City Manager said there were four extra police officers at a cost of $104.00. There were
Ii other on~duty people availabae as well.
II Police Chief Allen made a report on arrests and activity at that dance. The arrests made
I ~ were not out of line with the size of the crowd.
II Question called for vote on amendment. McDonald, Gribskov, Williams and Hershner Noted no.
I Mrs. Beal and Mrs. Campbell voted yes. Motion failed.
e II
II Vote taken on main motion. Mrs. Beal, ~essrs. Gribskov, Williams and Hershner voted yes.
I' Mr. McDonald and Mrs. Campbell voted no'~ Motion carried.
II B. Bids and Waiver of Bids, Public Works Department Cost Cost Amount
I' 1. PAVING Contract Cost To Owner To City Budgeted
II Jacobs Dr. from Pattison St. to
II Concord Street
Eugene Sand & Gravel $14,648.10 ~ 36' 13.60/fr.ft 0
II Pvg.
Wildish Canst. Co. 14,888.75 % 32' Pvg. 12 . 10 / fr . ft
il Devereaux & Pratt 15,433.90 ~ 28' Pvg. 10. 60/fr. ft Compo Date 9/14/71
11 2. PAVING, SANITARY SEWER & STORM SEWER
II \
Within Meadowbrook Subdivision Alt. Bid
II w/addendum #1 !!
I I, Devereaux ~ Pratt 96,908.12 Pvg. 1,010.00 .(33 18ts) 20,128.00(storm) 0
1\ Wi.:)..dish Canst. Co. 97,796.20 Stm 848.00 " 5,817.00(San)
Ii Eugene Sand & Gravel 106,096.10 Lat 548.00 (39 lots)
Ii Serv Ill. 00 "
II Levy 61. 00 "
II Tota12,578.00 per lot Camp. Date 10/1/71 ',1
"
II ~ "
-.-
e ji
Ii
'i
II 7/26/71 - 5
II
....
,..... 1
to53 e
7/26/71
~ 3. Lakecrest Park Subdivision I
,I
I'
Ii Wildish Construction Co. 60,063.48 28' Pvg 10 . 30 / fr . ft 4,006.00 17,200.00 .
II Devereaux & Pratt 61,177.90 36' Pvg 11. 80/ fr . ft (storm)
!i Eugene Sand & Gravel 67,144.51 Storm 136.00/per lot
" 0.085/sq;ft
I' Lat.
Serv 153.00/ea
I Levy 0.005/sq.ft, Camp. Date: 10/1/lZl
I
I 4. 2nd Addition to A.A. Bennett
,
,
,
Eugene Sand & Gravel 65,714.87 28' Pvg 10.87/fr,ft 4,275.00. 2,600.00
Wildish Canst. Co. 80,670.20 36' Pvg 12.43/fr.ft . 1,676.00
Devereaux & Pratt ~';65, 760.97 Storm 430.00/per lot
~';Incomplete Bid Lat 0.045/sq.ft
Servo 118.00/ea
Levy o .005/sq. ft Comp. Date: 10/1/71 e
ALLEY PAVING
5. Btn. Grant & Chambers from 11th Avenue
R. C. Parsons & Son Const. Co. 4,114.14 14' Pvg. $7.63/fr.ft 0
Wildish Canst. Co.. 4,2'35.39
Devereaux & Pratt 4,794.50 Camp. Date: 9/1/71 I
SANIT ARY SEWER
6. Wi thin area bounded by 5th Ave. SPRR
tracks and Hwy 99 N
Kenneth R. Bostick Const. Co. 11,073.20 Lat. 0.090/sq.ft 2,604.001 0
Wildish Canst. Co. 11,732.21 Levy 0.005/sq.ft Compo Date: 9/1/71
STORM SEWER
7. West of Echo Hollow Rd in Marshall
Ave. Ditch
WildishConst. Co. 5,239.00 0 5J;1239,99 5J;1450.00
Kenneth R. Bostick Canst. Co. 6,062.60
Shur-Way Contractors 6,688.30 Camp. Date: 9/15/71
8. Btn. Moss & Villard from
Mill Race to Garden Ave.
~ , Kenneth R. Bostick Canst. Co. 4,992.65 0 4,992.65 0
:1 Wildish Canst. Co. 5,042.11 (Eng. Est.
il
,I Devereaux & Pratt 5,850.00 $4,277.00)
II
II Shur-Way Contractors 5,856.55 Camp. Date:.
!i .
i'
i' 9. Btn Whitbeck: Blvd & Fillmore St.
q
Ii From Heather Way to Lorane Hwy I
'i
"
I'
II Crest Const. Co. 8,605.00 0 8,605.00 0
:! Devereaux & Pratt 8 ,979 . 40 (ENg. Est.
I,
I, Shur-Way Contractors 11 ,2 83 . 0 4 10 ,0 86 . 50 )
Ii
I Wildish Canst. Co.' 12,511.00 Compo Date: 9/15/71
I;
.'
"
"
" PAVING, SANITARY AND STORM SEWER
;1
Ii lO. Wi thin Mark',J Plat (, Quaker St.
,.
~ i from 350' N of 14th to 14th; Buck e
ii ..
.' from 100' N of 13th to 14th and 13th
Ii
!.
,. from Buck to Acorn Park
I.
"
Ii Wildish Const. Co. 452.35/per lot
,I 68,734.10 67,648.35 Storm Storm 3,286.52 4,000.00
ii Devereaux & Pratt 70 ,845 .46 No bid 28' Pvg.l1.ll/fr.ft Ext Wdth
I'
I' Eugene Sand & Gravel 71,836.60 No bid 36' Pvg 15.03/fr.ft & Depthl,427.86 1,500.00 I
I, Lat 0.07/sq.ft
Serv 130.88/ea
., Levy o .005/sq. ft Compo Date: 10/1/71
Ii
.,
j;
;! WAIVER OF COMPETITIVE BIDS:
f:
II Sanitary Sewer in area btn Spring Blvd
'.
I, Vine Maple Dr extended and from the
I'
,
I: end of Vine Maple Dr. to 200' So. I
d $8,452.48
I: Shur-Way Contractors Camp. Date: 9/1/71
Ii
I! Paving, Sanitary Sewer and Storm Sewer
I ~
I within Malabon West Subdivision
i,
II Eugene Sand & Gravel 5,454.50 Camp. Date: 10/1/71
I.
I,
"
II Paving, Sanitary Sewer and Storm Sewer
\)
I, within 3rd Add to Churchill 'Highlands -e
'.
I 10/1/71
II Wildish Canst. Co. 40,304.99 Camp Date:
~ 7/26/71 - 6
~.. ""'lIIl
e ~5~
7/26/71
r ;i
,I
I 1: I
I: i
.1 Public Works Director outlined bids and recommended that they be awarded to low bidcler in
I I
!! all cases except for the sanitary and storm sewer in Mark J. Plat. Award of this contract I
I[ d
It should be subject to approval of the subdividers. ,.
I'
II
i: Mr. Williams moved seconded by Mr. McDonald that the Council approve the contracts and award
Ii
.1 to low bidders on Items one through nine and authorize city staff to award the contract in
p event of subdivider approval on Mark J Plat, and to bidders on all non-competitive bids.
:,
Ii Regarding Item 1, Mrs. Floyd Hughes, 1320 Jacobs Drive, requested information about the
:'
'I charge for paving Jacobs Drive. Public Works Director clarified that the bid had been
II )i
i: wri tten to allow ,for. three different widths, and he explained the charges that would be
I[
II levied under each' proposal. Mrs. Htighesfelt the price was a-little high. Public Works
Director agreed, but said there was no way it could be reduced by rebidding.
Mr. Paul Hansen, 1500 Highway 99 North, explained that the only advantage to his establish~
ment to paving of the street would be elimination of a dust problem.. They had no intention
e of utilizing the street.
There was further discussion whether this street should be constructed with a parking lane,
and the necessity for parking, even though the commercial did not at this time utilize the
street. ,
,.
,
Mrs. Hughes commented that Mr. Hansen had suggested that the 32' street be constructed with
I each side paying the same amount, which would amount to $12.00 per foot.
On Item 2, Mr. McDonald had a question concerning the alternate bid with addendum #1, and
whether the bids were on an equal basis. Manager explained that the city has two methods
for storm sewer which meet specifications, sne with pre-cast concrete and one poured in place.
In this instance the low bid was for poured-in-place.
I
I, Public Works Director explained the reason for giving a choice and that both met performance
" requirements.
II
"
" Regarding Item 6, Mr. Walter Nichols said he had petitioned for sewer in 1969, and still
wanted it done. He did think the cost was rather high. Public Works Director explained that
it had taken some time to acquire easements.
Mr. Williams moved seconded by Mr. McDonald to modify the motion to provide that the cost
for 32' paving in Item 1 be allocated equally among the property owners.
Rollcall vote. All councilmen present voting aye, the motion carried.
C. Appeal from Planning Commission Permit, Day Care Center, 934 Washington Street
Planning Commission approval was based on the need in the area. City Manager read an
appeal filed by Mr. Carl A. Lemke which cited lack of parking, excessive traffic and proximity
to a neighboring apartment house as reasons for his opposition.
I Mr. Williams moved seconded by Mr. McDonald that the Planning Commission decision be upheld.
John Norem felt the day nursery would fulfill a great need.
Carl Lempke, 934 Washington, said he lives in the apartments immediately to the rear of the
proposed nursery. He asked how the owner proposed to fulfill the Planning Commission
requirement for two parking spaces without utilizing those provided for apartment dwellers. :
He was very concerned that the play area was not adequate for twenty children, and that
e " children could possibi7' be injured because the busy street was so close to the yaRd and the
.,
'I house. He also pointed out that the apartments adjoin the play area, and the noise would
be very disturbing to tenants, especially those who sleep during the day at times, as he
must do.
" In answer to Mr. Teague, Mr. Lempke explained that he had not been aware of the Planning
\1 Commission public hearing, that he did see a notice on a pole, but had not learned in time
"
'I to attend the hearing. Planning Director explained that written notices are sent to property
i
'I owners, and as renters, individual tenants would not have been notified. "
':
d
~ I There was discussion about the size of the play area and how it would be fenced. Planning
,
,. Director showed slides delineating the area. He explained that there was a need in the
I'
., area, and that it was felt some children might be brought to the facility on foot. The
Planning Commission had been very concerned about the proximity of the arterial.
I Mr. McDonald moved seconded by Mr. Gribskov to amend the motion to postpone this item until
II the Council has an opportunity to view the area on tour. Vote taken on amendment. All
,I
., Councilmen present voting ay~ the motion carried. .1
II A short break was taken.
:
"
~ :
e 7/26/71 - 7
...Ill
,..... ~
.~S~ e
"
7/26/71
,
r ,&.- .
i I:
, 'J
Ii II. Items to be considered with one motion 'after discussion of i~dividual items if requested. 'I
!i *Items were previously discussed at committee meeting9' of July 14 and July 21,197l.
"
,.
,
II 7/l4/71A. Density Limitation Policy, Planned Unit Developments - Councilman Williams voiced some
L
!,
I concern regarding a resolution forwarding a request for annexation of 33 acres west of
I' Fox Hollow and south of Donald (Allen and Braezeal) to ~he Boundary Commission. He
,
" felt that, under present laws, a zoning classification of RA or R-l which would be
placed on the property after annexation would permit 8 units to the acre under'a PUD.
He felt this densi ty excessi ve, and requested the planning staff to prepare amendments
.to the zoning ordinance which would permit the : Council and Planning Commission by contract
to require a lower density development in situations.where staff, Commission and Council
consider it appropriate. The matter should be considered by the Planning Commission and
returned to the Council for action.
. .
Mr~ Teague and Mayor Anderson concurred with this suggestion.
i Mr. Williams moved seconded by Mr. Gribskov that the planning staff prepare amendments e
to the zoning ordinance that would permit Council and Planning Co~ssion by contract
to require a lo~er density development in situations where staff, Commission and Council
believe it appropriate. The matter should be considered by the Planning Commission and
returned to Council for action. Motion carried unanimously. Approve
B. Community Coordinated Child Care, Inc. (4C' s) -A request has been recei ved from the I.
7/21/71 4C's for endorsement.
Councilman Mohr requested that the 4C' s be gi ven- an opportuni ty to briefly describe
their program and to seek. Council endorsement.
Miss J3.ckie Farrah, member of the Board of EJirectors of the 4C' s explained reasons
for requesting Council endorsement, gave a brief history of the 4C's and outlined
their program and its needs.
Councilman Williams requested an explanation of the cf:1ange of emphasis from day
care centers to a broadened fo~us. He strongly. supported day care centers, but
was concerned the 4C' s might be too. ambi tious in broadening the scope of the organ-
ization.
Miss Farah explained that they would not administer these organizations, but would
act as a referral to people seeking certain services. She mentioned that L-COG
endorsed the program of comprehensive child care. I
I
There was Council discussion of. the scope of this operation, and whether more
information should be obtained before any endorsement was given. It was the con-
sensus of the Council that it was an excellent program, but that they had not had
sufficient time to study its plans and needs.
Mrs. Campbell moved seconded by Mrs . Beal to endorse the 4C' s,: I
In response to Mr. Williams , City Mana~er said he could contact Mr. Morland of L=~OG
regarding their recommendation, and the County Commissioners as to their involve-
~ ment in a community action center for the poverty program. Mr. Gribskov agreed
i that he would also like more information before making a final decision.
I
Mr. Williams asked Mrs. Campbell to amend her motion to include this suggestion.
Mrs. Campbell felt the 4C' s should have an indication of Council feeling, and
said her motion would remain as stated. -
Mrs. Beal requested a statement from the League of Women Voters representative as
to its reasons for endorsement of this program.
Mrs. Mary Briscoe,. League President, said they endorsed the concept of day care
centers, and fel t this was certainly a prime concern for low income people.
Councilman Hershner commented that the motion and what the Council was requested to
do went far beyond endorsing day care centers.
Vote taken on motion as stated. Mrs.. Beal, Mr. Mohr and Mrs. Campbell voted yes.
Mr. Hershner and Mr. Gribskov voted no. Mr. Williams abstained, which. was inter-
preted as an aye vote. Motion carried.
C~ty Manager explained that a request had been received from Mr. Trafton, adminis- I
trator of 4C's to postpone this request for endorsement indefinitely, since it has
been found the federal regulations and the federal funding are so confused at the
present time that the 4C's Council is not sure as to its activity scope. Postpone
C. Enforcment of Building Standards, Mobile Homes - Councilman McDonald had requested
" 7/21/71 consideration of problems of the mobile home industry wi th regard to standards for
q
:1 mobile homes in the city of Eugene. A meeting was held between staff and represen-
'1
1\ tatives of the industry to discuss areas of disagreement. One of the problems, e
7/26/71 - 8
~
.....
e ~s~
','
7/26/71
,.
j' 11
I Ii II
,.
II that of spacing requirements, is before the Planning Commission for reconsideration. II
.,
They had also suggested that standards for mobile ..home..construction should differ II
I, ~ I
i,
, ~ from those for conventional cons truction. ,I
I:
I' \;;'
I 'Mr." Vince Gassman, owner of. Morgan-..Gassman. and chairman....of..Mid-,.8regon Chapter
il !i
:, Trailer Coach .Association,.. said_..about a_year . ago ..he,.had.requested a.Counci1 hearing i'
;: ',,' II
I: arid had beenreferred,..tostaff..and. to the Board of Appeals. There has been no improve-
:1 ment in the situation, and he is requesting Council consideration of changes in hhe i:
': mobile home ordinance. He.outlined uses for mobile homes and their contribution
to the availability of housing for low income persons. He explained that the industry !
,
could not meet the demands if they were If-ept in the category of conventional construc- I:
:i
ti on . He asked that the City Council adopt a more workable set of rules for this ,
ii
industry.
Councilman Mohr requested that Mr. Gassman prepare a written list of requested amend-
ments so that the Council may direct staff to open negotiations over these items. ':
e Councilman williams agreed, saying this would put the Council in a better position I
,:
to make recommendations to staff and gi ve direction.
Pierre Van Rysselberge, represen~ing Mobile Parks West, agreed that several points '.
,.
,
could be isolated and discussed between representatives of industry and city staff.
He said there were several out of town people present at the meeting, and that they
could undoubtedly make some suggestions for lessening of restrictions. "
I Mr. Mohr questioned the Manager whether it might be wise to appoint a City Council
sub committee to deal with this issue. Manager did not feel this was necessary at
this point, but if it was found there was a significant difference between staff
and industry representatives, appointment of such a committee might be wise. Some !
of the differences revolve around an analysis of engineering material, and others .,
deal with spacing. The Planning Commission will probably make a recommendation to
the Council on the spacing problems. I
I
Bill Zeman, regional director of Trailer Coach Association, agreed wi th the suggestion
of submission of wri tten mate:ti'al. He did request an early decision, since they have
a spacing problem which they do not believe exists anywhere else. He requested a
meeting with staff on this day. Building Superintendent said he would be available.
Mr. Teague said it was the consensus of the Council that the mobile parks industry
:1 make a written presentation which staff can review and bring before Council.
Ii Building Superintendent suggested that the technical construction requirements should
.1 be taken out of the zoning ordinance and put into the appropriate code. The Planning
Commission wou&d no longer be required to evaluate technical construction problems.
Council could initiate Planning"Commission consideration of the matter so it would
not require double hearing. Affirm
I D. Presentation of Slides by Bicycle Committee - Mrs. John Bascom, Bicycle committee
7/14/71 chairman and Ernie Drapela of Parks and 'Recreation Department showed slides taken
at Davis and other cities in California. They explained the various ways bicycles
have been accommodated and outlined some of the problems encountered.
Mrs. Campbell was concerned about bLcycles turning from one lane into another. Mrs.
Bascom said this has not been resolved, but no accidents have occurred.
Mr. williams noted that in some instances pedestrian ways were shared by bicycl~sts.
e The Council had been advised that the city would incur liability by this practice, ,
, and he requested a report on how the city of Davis had resolved this point.
Mrs. Bascom announced a public forum f<6r discussion of bicycle problems. File ,
.'
E. Field Burning, Airport Property - Councilwoman Beal asked the status of the policy
7/21/71 on field burning on city-owned lands in the airport area. City Manager said the
policy is that grass seed stubble will not be burned. This is consi dered the
official Council policy. File ,I
E. EWEB-Council Meeting Postponement - Mrs. Beal was disappointed that the scheduled "
7/21/71 meeting of EWEB and Council had been postponed and asked for an early date for a
joint meeting. Councilmen agreed with Mrs. Beal, but requested that the meeting
be scheduled for early September, after vacation season. Several of the Councilmen
anticipate absence during the month of August. ;:
.,
I Mrs. Campbell suggested that subsequent meeting cancellations be adequatelyadver-
tised so that persons planning. to attend would not come and be disappointed. ;,
Mrs. Beal was concerned that the meeting be delayed, especially since a committee
of the Chamber of Commerce was investigating various industries, and the possibility
some might locate in this area. She felt this policy should have input of.both
EWEB and the Ci ty Council. Manager assured her that this Chamber commi ttee di d
have representation from L-COG and EWEB and that liaison was qui te close.
e
It was the consensus of the Council a joint meeang should be arranged for the early
7/26/71 - 9 ....
& ...51 e.
7/26':X71
< ~.
r ----
I
I
I part of September~ file
I
./
II .~ ----
G. Po.rnog_raphicMaterial, Dowi1t6wn~..Eugene_~ Mrs.. Campbell.bad..been..cont~p.ted'.by a citizen
7/2l/71 who was concerned that.a .downtow:n.store..selling .pornograpbic.. mate.xiaL"left its front
door open so thaL.magazine.covers..were_cLearly .visible...to.,children. .,The citizen had
been informed by .the .Police Department that hhis practicewasJRot ,in violation of any law.
City Manager said he will review this matter and report to Council. file
H. Noise, South Willamette Area - Manager announced a proposed meeting of staff and concerned
7/21/71 people in the South Willamette area August 5, 1971 at 1:30 p.m. to discuss a proposal
to alleviate the noise problem.
Mr. Otto Becker complimented the staff on the proposed noise ordinance, and said he
hoped it would help solve the problem. He suggested that one change might be made
in the proposal for changes in the traffic pattern and asked that staff review his
s ugges ti on . e
Manager said this would be appropriate for the meeting of August 5 and that the staff
would appreciate an opportunity for review of the suggestion. file
Councilwoman Campbell requested a police report regarding actual arrests made in South
Willamette area on Friday and Saturday nights. She was also concerned that inadequate
mufflers caused much of the noise. Mrs. Beal suggested that merchants might barricade I-
Ii their lots after hours, so that they would correct part of the problem. Manager
explained that a meeting has been set for August 5 so that area residents may discuss
the problem.
Ii Mr. Williams moved seconded by Mr. McDonald that the above items be approved, affirmed,
,; filed or postponed. Motion carried.
:i
II
It III. Items Not Previously Heard
A. Set Public Hearings
l. Appeal from Planning Commission approval, Planned Unit Development, Boise Cascade
2. Appeal of denial, charitable solicitation license - Oregon Benefit Corp.
City Manager suggested hearing beset for August 9 on these items.
Mr. Williams moved seconded by Mr. McDonald that public hearing be set August 9 for
the above two items. Motion carried. '
B. Request for Variance Extension, Dr. G. C.York for small animal clinic at 1247 Villard.
Several years ago the Council granted a variance to allow a small animal clinic
to continue in this location" since the property was scheduled to be purchased by, the
University of Oregon. Since .the transaction has not been completed, it has been
extended twice and Dr. York has now requested another extension. I
Mr. Williams moved seconded by Mr. McDonald that the variance be approved for one year.
Motion carried.
I C. Petition for Speed Limit Reduction, Goodpasture Island Road, Norkenzie to Ridgeway
I
I Approximately thirty property owners and people living in the vicinity of Goodpasture
I Island Road requested that the speed be lowered on this road between Norkenzie and
Ridgeway. Manager explained that the State Speed Control Board sets speeds on city ;1
streets and in January of 1970 had recommended a speed of 45 mph for this street. e
City Council did not approve this recommendation and requested that it be reduced.
State Board set a speed of 40 mph after receiving the Council request. City staff
ran a check after receiving the petition and on that basis does not believe the State
Speed Control Board would reduce the speed further.
Mr. Williams moved seconded by Mr. McDonald that information gained from a city staff
speed check be forwarded to the State Speed Control Board and that it be left to
their judgment whether another study should be conducted.
Mr. Hershner asked what affect this would have as opposed to the Council requesting
another study. He had had contact with residents, and they were very concerned with
the speed allowed on tams street. Mr. Williams and Mrs. Campbell agreed that the speed
now allowed was too high.
Vote taken on motion. Mr. Williams, Mrs. Campbell and Mrs. Beal voted aye . Gribskov, Hershner I
and McDonald voted no. Mr. Teague voted aye to break the tie. The motion carried.
Mr. Hershner moved seconded by Mr. Gribskov that the Council ask the State Speed Control
Board for a re-study of this area. Motion carried unanimously.
i
7/26/71 - 10 e
~
""'Il
e d:, 58
7/26/71
il I
I Ii !
I' D,. Recommendation .to .defer collection.of_ s.eweE.asses.s,ment .onKenneth,G,ilbert property. I
II The City has agreed. to . defer collecibion of this assessment untiLs uch time as the !
.1 ,
,
I: mand is subdivided, in.exchange for an easement reqill;red'by the City.
1:
.1
'I Mr. Williams moved seconded by Mr. McDDnald that deferral ofn colljection of assess-
I,
"
I' ment on Kenneth Gilbert property, as outlined above, be approved. Motion carried.
II
:I
I! E. Recommended segregation of assessment for James V. Long of $340.fJ.3.
I!
'I Mr. Williams moved seconded by Mr. McDonald that the segregation of assessment of
il
,. $340.43 for James V. Long be approved. Rollcall vote. All councilmen present voting
"
" aye, the motion carried.
"
:!
; Petition for paving, sanitary and storm sewer, Echo Hollow Park - 100%
F.
Mr. Williams moved seconded by Mr. McDonald that the petition as recommended and
e outlined above, be accepted. Motion carried.
"
I' .1
!I G. Disposal amall parcel city-owned land at 11th and Garfield - Staff recommended that
I' city sell a small triangle of land at 11th and Garfield to the adjacent property
,I
" owner for use as a parking lot for the amount of $300. This is a small sliver for
il
il
:1 which the city has no use.
II 'i
!:
I 'I Mr. Williams moved seconded by Mr. McDonald that the sale outlined above for $300
II
" be approved. Rollcall vote. All councilmen present voting aye, the motion carried.
H. Report on Restaurant Lease - There have been reported problems wrom the operation of
Laurelwood Restaurant at the city-owned golf course. The problems have mainly been
caused by proximity of residential property. The facility has been operated on a
lease basis and the lease will expire September 30. Since the operation until late
hours has been a source of friction, it has been recommended the operator be given
notice of cancellation of lease as of September 30 and that an attempt be made to
establish an acceptable limitation, at least on hours of operation. It is proposed
!I that specifications be opened to bid so that a new lease may be developed. If a
" new lease is not available by September 30 the facility could be operated on an
" agreed upon basis from month to month.
Mr. Williams moved seconded by Mr. McDonald that the city administration, be author-
ized to advise the Laurelwood Restaurant lessee that the lease will be cancelled
September 30 under terms and conditions set forth by the City Manager.
Mr. McDonald felt with proper operation, the facility would be an asset to the community.
Charles Schleicher, 2685 Columbia, said he lives directly across from the golf course.
He .requested that the restaurant be closed at a reasonable hour. He said he had been
disturbed many times at 2:30 in the morning.
i
I Ii An unidentified gentleman said he lives on Columbia, not as close as Mr.
II Schleicher,
1
but he has never noticed any noise, and two neighbors with whom he has discussed
i this matter have never heard any noise. He felt a change in closing hours would
kill the business.
Councilman Teague said he knew personally that this area could be a source of much
noise and irritation late at night. .
e Terry Tillman said he was speaking for his father who lives adjacent to the golf
course and who had not objected to its operation. He felt the Council should speak
to more of the neighbors befo~e making a decision to change the hours of closing.
There was discussion of possible requirements for a new lease, and the manner in
which it will be let.
Vote taken on motion as stated. Motion carried.
I. biquor Licenses, approved by Police 'Department
Package Store Class B - 7-Eleven Food Stores, 1316 Alder, 83ti West 28th and 445 Coburg Rd.
Gottleib Delicatessen, 8th and Oli ve
Mr. Williams moved seconded by Mr. McDonald that the liceR&es be approved. Motion carried.
"
I .,
, I
e
7/26/71 - 11
...
,.... I
~51 e
7/26/71
ri
II ;i
II II I
,: RESOLUTIONS ,.
'1
tl i
.
.,
" RESOLUTION NO. 1953 - Calling public hearing re: abatement of dangerous building located at
i
875 West 26th Avenue (August 9, 1971) was submitted.
Mr. Williams moved seconded by Mr. McDonald that the resolution be adopted. Motion carried. I
I.
" RESOLUTION NO. 1954 - Transmitting to Planning Commission request for amendment to city code
,
re: Mobile Home Space Requirements was submitted.
I
Mr. Williams moved seconded by Mr. McDonald that the resolution be adopted. Motion carried.
RESOLUTION NO. 1955 - Authorizing signature of Topics Agreement (Sixth-Seventh Couplet,
Garfield to High) was submitted.
i. Mr. Williams moved seconded by Mr. McDonald that the resolution be adopted. Motion carried. e
., RESOLUTION NO. 1956 - Authorizing signature of Topics Agreement (Sixth-Seventh Couplet,
Garfield to High, Force Account) was submitted.
Mr. Williams moved seconded by Mr. McDonald that the resolution be adopted. Motion carried.
I
"
.I I
RESOLUTION 19~7 - Authorizing signature of Topics AgrEffilent (Franklin Boulevard) was submitted.
~ : Mr. Williams moved seconded by Mr. McDonald that the resolution be adopted. Motion carried.
RESOLUTION NO. 1958 - Authorizing payment of bils, claims was submitted.
Mr. Williams moved seconded by Mr. McDonald that the resolution be adoptedJ Rollcall vote. All
" Councilmen present voting aye, the motion carried.
RESOLUTION No. 1959 - Authorizing payment for construction warrants was submitted.
,
Mr. Williams moved seconded by Mr. McDonald that the resolution be adopted. Rollcall vote. All
councilmen present voting aye, the motion carried.
i Umpon motion duly made, seconded and carried, the meeting was adjourned.
"
I
!.
ii
.1
i' e
I
I'
.,
It
"
"
.1
'I
"
:
e
~ 7/26/71 - 12