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HomeMy WebLinkAbout10/11/1971 Meeting ""I e 708 I Council Chambers Eugene, Oregon October 11, 1971 Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on October 11, 1971 in the Council Chamber, with the following Councilmen present: Messrs. Teague and McDonald; Mrs. Beal; Messrs. Gribskov, Williams and Hershner; Mrs. Campbell. Mr. Mohr was absent. I. Public Hearings A. Request for 4-Way Stop at 26th Avenue and Alder Street - (Minutes of Committee Meeting of September 29, 1971) A petition signed by 48 persons living in this vicinity was presented to Council. In his report, the Traffic Engineer explained that y~eld signs for controlling side street _ traffic were placed on July 29, after some delay involving Planning Commission and _ Council direction. During the delay, two accidents occurred, which apparently prompted circulation of the petition. The yield signs were posted just after the last accident, and the petition was also circulated before the posting of these signs. It is staff recommendation that no changes be made at this intersection until there has been sufficient time to evaluate the effectiveness of the present signing, and that, if it is found this signing is not sufficient, a two-way stop be posted giving Alder the I right of way. Staff does not feel that a 4-way stop would be justified at this location. Mrs. Beal moved seconded by Mr. Williams to accept the petition of residents in this area, and that effectiveness of the existing controls be assessed before taking further action. Motion carried. Mr. Bill Newsome~ 2604 Alder~ said that, since the yield signs were installed, an accident involving a):iT,cYG.le.:ha.;:; _occurred, and there was an incident August 27 involving a speeding vehicle with a police car in chase. Mr. Newsom commented that, smBce being designated as a bicycle route, Alder has become quite dangerous at that intersection. He asked what it would take to put in a four-way stop and prevent near-accidents from occurring. City Managerpointed out that the City Council has authority to designate traffic control which is to be placed at any intersection. Neil Murray, 2589 Alder, said he lives at this intersection and has three small children. He feels the intersection is particularly dangerous because there are so many small children in the neighborhood, and that there should be better posting at the intersection. - Councilwoman Campbell explained that the Council had looked at the intersection on tour, and asked what made it different than those at 24th, 25th and 27th. I Mr. Newsom explained that traffic accel-erated from 24th and was going quite rapidly by the time it reached 26th. He felt a device was needed to slow it down on both 26th and Alder. In answer to Councilman Teague, the City Manager explained that the intersection was uncontrolled at the time the petitioners asked for a 4-way stop. Traffic Engineer had made a recommendation for yield signs at the intersection before the petition was received, but they were not actually approved or placed until after the petition came in. 4It Mrs. Beal was concerned about the speed on Alder, and the fact that it was carrying more traffic than-it Chad-- .been designed to carry. Manager pointed out that this was the reason for installation of the yield signs, and that experience has been that use of 4-way stops where the necessity is not obvious to drivers can result in violations which create more hazards than a 2-way stop or yield signs. Mrs. Beal questioned whether it might be better to have no signs at all than the yield signs. She felt some cars ignored them completely. There was further discussion about the effectiveness of yield signs, and how long the test should be conducted to make an evaluation. Mr. Teague moved seconded by Mrs. Beal to accept the recommendation of staff to install I yield signs and allow sufficient time to make an evaluation, and authorize staff, if necessary, to install a 2-way stop, giving Alder the right of way. Mr. Teague asked that a report be given to Council within 60 days. Mr. Williams asked whether staff was not now, in fact, authorized to install stop signs. He felt that authority was delegated to the traffic department. Mayor Anderson agreed, and explained that this was before the Council as the result 4IJ of a citizen petition, which had been specifically directed to the Council. ) :/ 18/11/71 - 1 . ,~.... ..01 ,.... 709 e 10/11/71 I I In answer to the Manager, Councilman Teague clarified that his request had been to 1 II leave the yield signs in place for another 60 days and at the end of that period, report ,I results to Council. L I' , Vote taken on motion as stated. Motion carried. i: B. Planning Commission Reports l. September 13, 1971 Planning Commission Meeting a. Recommended approval of plat vacation COUNCIL BILL NO. 9508 - Calling public hearing November 22, 1971 regarding vacation of a portion of plat of Crescent Acres located north of Crescent Avenue between Coburg Road and Gilham Road (Zellner) was submitted, and no councilman present requesting that it be read in " ful~, was read the first time by council bill number only. , i Williams that the bill be read the second timeby council bill Mr. Teague moved seconded by Mr. number only, with unanimous consent of the counci+, and that enactment be considered at this e time. I' City Manager explained that this plat is located north of Crescent Avenue ;, between Coburg Road and Gilham Road, and that the purpose of the Vacation is to allow streets to be realigned and replatted for purposes of accommodating storm drainage problems in the area. Vote taken on motion for second reading. All voting aye, the motion carried unanimously and the I bill was read the second time by council bill number only. I' Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final passage. , ~ Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16308. b. Recommended approval of request for annexation RESOLUTION NO. 1974 - Transmitting to Boundary Commission request for annexation of 3,468 square feet located south of Buck Street off West 18th Avenue (Zollinger) was submitted. Mr. Teague moved seconded by Mr. Williams that the resolution be adopted. Motion carried unanimously. 2. September 14, 1971 Planning Commission Meeting a. Zoning recommendations for newly annexed areas (Minutes of Committee Meeting of 10/6/71) I i1.) West of Delta, north of Goodpasture Island Road - C-2 SR I: 2) South of West 2~th, west of Hawkins Lane - RA " 3) West of Bertelsen, south of West 11th - M-2 SR 4) West of Bertelsen, north of 18th; Tax ~<i>ts 700, 800, 900 and the easterly 410' of the northerly 150' of Tax Lots 1000 - M-1 SRi Tax Lot 500 and the balance of Tax Lot 1000, R-2 SR 5) East of Delta, north of Belt L le - RA I. 6) North of 30th, east of Emerald and south of Chu1a Vista - RA City Manager explained the location of each of the proposed rezonings and that all property annexed to the city is rezoned to comply with city zoning. , ;! Councilwoman Campbell asked about public notice, and how property owners i are notifLed~that _the area will be zoned. Planning Director explained " the legal requi~ements, and how the City complies with them. " " e ,I Councilman Williams asked why Laurelwood Golf Course was not zoned ~ I I' pub1i eland. Mr. Porter, Planning Director, exp1ainedcthat the City is attempt- i' ing to rezone all public land. It is felt this land should have the same " burden of proof as other land within the community. ~ i Manager explained that six areas were recently annexed to the city and carried I " 'i a county zoning. Planning Commission held public hearings on each of them and made the'-fOreg6"iTIgi:,:ge6o'mm€naHit<iris~:fOr -zoning to city standards. ... . -~ - - - ~ - - - -.-.-- . Under Item a(3) Councilman Williams asked for clarification why this property was given two zoning classifications. Planning Director explained that it was found a variety of zoning would be more practical than entire zoning to M-2. In the-planning for this particular area, it was found multiple family zoning would be compatib~e and that this would provide an opportunity to eliminate some industrial zoning. The general plan indicates there is an I, excess of industrial zoned property in the city. COUNCIL BILL NO. 9509 - Zoning of newly annexed area west of Delta, north of Goodpasture Island Road to C-2 SR was sub@itted, and no councilman requesting that it be read in full, was read the_ first time by council bill number only. 16309 COUNCIL BILL NO. 9510 - Zoning newly annexed area south of West 25th Avenue and west of Hawkins Lane to RA Suburban Residential was submitted and read the first time by council bill number only. 16310 e 10/11/71 - 2 ~ """'I e 7/0 10/11/71 f- :' Ii I I: !I " COUNCIL BILL NO. 9511 - Zoning newly annexed area west of Bertelsen Road and I' I, south of West 11th Avenue to M-2 SR was submitted. 16311 ;1 I, COUNCIL BILL NO. 9512 - Zoning newly annexed area, including all of Tax Lots 700~ , " 800, 900 and the easterly 410' of the northerly 150' of Tax Lot 1000 to M-l SR; Tax Lot 600 and Tax Lot 1000 excepting the easterly 410' of the northerly 150' of Tax Lot 1000 to R-2 SR - located west of Bertelsen and north of 18th Avenue was submitted. 16312 COUNCIL BILL NO. 9513 - Zoning of newly annexed property located east of Delta Highway and north of Beltline Road to RA Suburban Residential District was submitted. 16313 COUNCIL BILL NO. 9514 - Zoning newly annexed property located north of 30th Avenue, east of Emerald Street and south of Chula Vista to RA was submitted. 16314 Mr. Teague moved seconded by Mr. Williams that the bills above be read the second time by council bill number only with unanimous consent of the Council and that enactment be considered at this e time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Teague moved seconded by Mr. Williams that the bills above be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bills were given final passage and~, numbered as indicated above. ,~ I C. Bids, ~ublic Works Department - Some time ago the Airport ~anager negotiated a new contract with auto rental agencies which resulted in a considerable ~ncrease in gross revenues. Part of the contract included development of a rental car parking area and washing and fueling area. Bids were called for a covered facility several months ago, but they exceeded the amount anticipated and were refused. They have again been called for, and there have been two received, one of which is within the budgeted amount. Staff recommended award of the contract on the alternate bid, which stipulates that erection would be done with city employes ,and would consist of an enamel finish building, rather than galvanized. Mr. Teague moved seconded by Mr. Williams to accept the staff recommendation and award the alternate bid to Kaiser Steel Company for construction of airport car rental facility in the sum of $3910.00. Rollcall vote. All councilmen present voting aye, the motion carried. " ' ; II. ,Items to be Considered with One Motion, after discussion of individual items, if requested. ,,-~ Items were previously discussed at committee meetings of September 29 and October 6, 1971. Committee minutes are included below in italics, with discussion, if any, following each . / ltem. A. City's Street Tree Ordinance - Councilwoman Beal requested discussion on the matter 9/29/71 of the city's street tree program and procedures for implementation. She requested the Director of Parks and Recreation to report on the status of the program. I Mr. Ed Smith, Director of Parks and Recreation, summarized a report wrItten in 1963 by the Street Tree Program Subcommittee of the Committee on Neighborhood and Community Affairs, which outlined elements and problems of a street tree program, a survey of municipal street tree programs, a questionnaire used, and results of that survey, and the estimated cost of the street tree program for Eugene. He said that the city had made some progress in impmementing the program. Mrs. Beal was interested in legislation so that the city could take complete control e of parking areas in residential sections. Mr. Smith said this would require revision of the present ordinances. In answer to the Mayor, the City Manager said he was not aware that any work was being done on revision of this ordinance, and that the city has done what it could with the money available to implement the tree program. He was not aware of any proglems wi th legal authori ty . If the city were to take responsibility for these faci- lities, it would also have to assume liabilities. It should be ascertained whether the city would be willing to assume all the liability involved. Councilman Williams felt the city would be better offiif the property owners would assume responsibility for care of adjacent trees. Mrs. Beal moved seconded by Mrs. Campbell that staff bring back a recommendation for strengthening the present tree ordinanc~, and suggestions for revision of the city street tree program. Motion carried. Approve I B. Mall Regulation Ordinance, Permit Fee Elimination'- Since the $5.00 filing fee for 9/28/71 mall activities seems to be serving no real purpose, and the amount collected is insignificant, staff has suggested that the administration be authorized to waive the fee, except in unusual cases. The fee has prevented some unfunded agencies from worthwhile use of the mall. Mr. Teague moved seconded by Mr. Mohr that staff be authorized to waive the $5.00 permi t fee for use of the mall. Motion carried. Approve e 10/11/71 - 3 ... ,...- I 711 e 10/11/71 , Ii I II I I Adoption of Sidewalk :Policy by Lane County - A public hearing will be held October 6, I C. !I Ii 9/29/71 1971 regarding adoption of a sidewalk policy for unincorporated areas of Lane County. :1 I, The Planning Commission has endorsed the policy, with reservations about some portions. !! i i' The primary concern is that residents maybe assessed twice because of necessity for I " i : I replacement of temporary walk systems. I I: I' Mr. Williams was concerned with the item concerning remodeling, and did not think ;i i residents should be required to install sidewalks, just because property was improved. , He asked whether the Council was endorsing specific parts of the proposed ordinance, , or just the policy . Manager suggested questions could be raised at the public hearing on details of the proposal. Planning Director said it was his understanding a variance procedure had been built " I into the sidewalk program. Mr. Williams moved seconded by Mrs. Bea1 that the Council endorse in principle the proposed sidewalk construction policy of the County. Motion carried. Approve e D. Placement of Collection Boxes in Public Right of Way - A memo was previously dis- 9/29/71 'tribut~a-to Councilmen outlining the necessity for a policy regarding placement of-collection boxes by charitable organizations. Many of the boxes have been placed on public property or public rights of way, and it is necessary to determine whether this is an acceptable practice. Staff has experienced no Rrob1em or complaints regarding placement of these boxes, and suggests that a revocable permit procedure I i could be allowed. The organizations perform a public service, which certainly fits with the current concern for the environment. There is some concern about placement adjacent to residential properites. Mr. Williams moved seconded by Mr. Mohr to authorize staff to issue revocable permits for use of collection boxes by charitable institutions. It was the consensus of the Council that a worthwhile service was performed by I charitable organizations in placing these boxes for use of the public. ,. =t :J :: c. .I Vote taken on motion. Motion carried. Approve E. Bicycle-Pedestrian Underpass, Southern Pacific Track - In a meeting with representa- 9/29/71 tives of city, county, university, state highway division and EWEB, a proposal for 'I a new underp?ss south of the new footbridge at Southern Pacific tracks was discussed. '1 Cost will be approximately $50,000 for a tunnel 12 feet wide by 8 feet high. State 'I I will assume 60% of the cost, with the remaining 40% to be paid locally. City, County 1 and University will share this cost, with an estimated maximum of $7,000 to be assessed to each. It has been suggested that the County coordinate the program. The City will fund its share with a portion of the gasoline tax earmarked for promotion of bi cycle use. It was the consensus of the Council that this was an exce1~ent suggestion. Councilman Teague asked whether there would be policing problems and was told that the underpass i I had been designed larger than originally anticipated and would be well-lighted, to , discourage any illegal practices. I I " I Mrs. Bea1 moved seconded by Mr. Gribskov that the city proceed with the program, as outlined. Motion carried. Approve F. Improvement Petitions 9/29/71 1. Storm Sewer, 123' north from Tax Lot 3900 north of Hawthorne between Fairfield and Baxter - 100% e Mr. Williams moved seconded by Mrs. Bea1 to approve the petition. Motion carried. 2. Paving Brewer from Gilham to East Boundary of Norland Way Addition - 77% If Boise-Cascade is to proceed with development of a PUD on Brewer Lane, paving is necessary, since this was one of the conditions imposed by the Planning j! I, commissi on. The City does not have sufficient right of way, with 23% of the pro- I, perty objecting to the paving because of opposition to the PUD. Manager outlined manner in which cost of rights of way may be recovered. , Mr. Williams was concerned about use of condemnation power on local residential I, streets. Staff agreed that it was generally used only for arterials. Mr. Mohr was concerned that condemnation might not be in the public interest. I I: Manager explained that it is the assumption that any improvement of facilities " is to the public benefi t. i: Ii i' Mrs. Campbell asked how the assessment could be charged to the PUD. Could it I' ,I be tied to issuance of the building permit? I' I: Manager said that, until the contract has been let, the building permi t will not I' 1 be issued. \, " :i e Mr. Williams moved seconded by Mr. Mohr that the Council advise Boise Cascade' ~ 10/11/71 - 4 "'l e 7/2 10/11/71 Ii I II that issuance of a>building permit shall be contingent upon securing of I' Ii right of way of properties concerned for improvement of Brewer Lane. Motion " carri ed. Manager asked if it would be appropriate to design the street to the point of calling for bids. Mayor Anderson agreed this should be done. Councilwoman Bea1 was concerned that the trees bordering Brewer Avenue would be destroyed when the street was widened, and asked if the developer could be caused to replace these trees. She was assured the property owner would be approached with a suggested tree program and advised of assistance the city can :: gi venwi th tree planting. (Comments made at the meeting of October. 11, 1971) The paving of Brewer Lane was discussed by the Planning Commission at its noon-m~eting, and it was. its recommendation that the project not proceed until sufficient right of way e was secured to allow installation of sidewalks, whether now or at some future date. There is a question of how the right of way wwll be secured from two lots unwilling to sign the petition. Council can approve the petition, which would allow Public Works Department to proceed with design and a: public hearing would then be called on bids. Mr. George Marx, spokesman for the project, said that this proposal sounded .: I reasonable. : Councilwoman Campbell asked what the reaction had been to the suggestion that , " Boise-Cascade carry the entire expense. The Manager said there had been no commitment at this time. Three alternatives were proposed, and none has been designated. Some decisi'on will have to be made before the contract can be let. Approve , 3,. Paving Alley between 6.th and 7th, Tyler to Van Buren - 60% Council looked at this alley on tour. There are some sing1elJo!fami1y residences abutting the area, but the property is all zoned to allow apartment construction. Mr. Williams moved seconded by Mr. Gribskov to accept this petition. Mrs. Campbell felt the apartment houses would benefit the most from this improvement, and that they should bear the cost. This could work a real haraship on elderly who had owned the property for many years and did not really need or want the improvement. Mayor Anderson pointed out that hhis matter is discussed with almost every peti ti on for alley improvement, and that it has been pointed out that, even though it is not used, such alley improvement enhances the value of the property. When it is sold, the cost can be returned. Mrs. Campbell still felt there should be some way it could be p condition of I the building permit that the apartment owner bear the cost of. the improvement. Vote taken on the motion as states. Motion carried. 4. Paving Alley between 5th and 6th, Tyler to Van Buren - 50% Council also toured this alley, and found that one side was entirely apartments, while the other had nothing but residences. e Mrs. Beal moved seconded by Mr. Gribskov to reject the petition. Motion carried. ~Approve G. Establishment of Uniform Bicycle Code - The Citizen's Advisory Comauttee for Trans- 9/29/71 portation Planning of L-COG, at a recent meeting, adopted a planning program to establish a uniform bicycle code for the Eugene-Springfield urban area. L-COG has requested support of this worthwhile project. 'I Mrs. Bea1 moved seconded by Mr. Williams that the Council support the Citizen's Advisory Committee program to establish a uniform bicycle code for the Eugene- Springfield area. Councilwoman Campbell felt people who did not drive cars should have some education about vehicle laws, and that there shoiilld be education of school children. i. Mr. Drape1a pointed out that Police and Sheriff Department personnel have a program I of visiting schools, presenting a program of bicycle safety, and circulating educational material to school children. Vote taken on motion. Motion carried. Approve H. Designation of Voting and Alternate Delegates at NW Convention - Councilman Teague 9/29/71 suggested that Mayor Anserson appoint voting and non-voting delegates to the NLC convention. It was pointed out that the NLC office has-requested notice of dele- e gates no later than October 15. Mr. Williams moved seconded by Mr. Mohr to authorize the Mayor to name voting delegates to the convention. -Motion carried. 10/11/71 - 5 ..01 ~ I 1/3 e 10/11i171 ji ;11 II . 1 1. Tra, ffi,C, Test, 30th Avenue ,and, P oIt~land Street -. Traffic e,ng,ineer.has, ,requested -Council Ii I I: 10/6/71 amend the Portland Street test to allqlf,reIl)oval of the temporary four-way stop. The i: Ii barricade 'would be left in p~ace -to allow residents' to observe a "different: si tuatioR :i ' Ii prior to a meeting planned, for octoHer 12. - . !. i, . Mr.. Gribskov moved seC0l]ded -by Mr. Mohr to authorize city staff to remove the 49way ;: I: stop at the intersection of Portland Street and 30th Avenue. Motion carried.' , "Approve !: ' , I' J. Street Lighting, West 13th Avenue -. In 1964 merchants of the University -area prevailed I', 10/6/71 upon the management,t.o.~nstall dec~rative lig~ts. ~hey fe~t t~ese would be archi- ': ! t~ctura1ly and aesthet~cally pleas~ng for the~r bus~ness, d~str~ct, and agreed to pay I, I ' ' I~ for installat.ion~::,.?}8.inten"cmce ,and operation. Operation of many businesses has changed, II and the merchants have now asked the city to assume operation and maintenance costs. ,i The city has actually been supplying the globes, since it has the only available : supply, and operation of the. electrIcity would be about $11.00 per month. To replace the lights with standard 'commercial fixtures would cost about $32.50 per month. Staff recommends that the city assume cost of maintenance and operation of the lighting. !! Mrs. Beal suggested that some thought be given to designing more attractive fixtures e !i for the entire city. She felt those now in use were not pleasing.:'i'~, :, !I -,: Ii Mr. Mohr moved seconded by Mr. Gribskov that the city assume cost of maintenance of I' street lights in the 'university area. I! !1 Mr. Williams amended the motion to add that, if that cost exceeded standard costs, i 1-- i~ the excess would be charged back to property owners. Ii I! Ii Moti'on carried: . - 'i ' ii ! !: Ci ty Manager explained to Mrs. Beal that, at the time new fixtures were selected ii for the ci ty, a s~udywas made, and, with Council deliberation, the present fixtures i, were chosen. Staff has been attempting to arrange a joint meeting wi th EWEB so Ii! that street lighting might be studied. Detailed mEighborhood surveys have been ! taken to study experimental lighting areas. Approve " :1 'I Ii K. Liquor Licenses, Approved by Police Department :1 10/6/71 Class Package B - West 6th Market, 1081 West 6th (caange of ownership) I :i :i Mr. ~ohi moved seconded by Mr. Gribskov that approval be given to this change. Motion [I carr~ed. Approve Ii ii . i: " L. Oregon Problem Drinker Dri ving Project, Council Representati ve - Stan Allen, who Ii 9/?9/7J' previously made a presentation to the Council concerning the Oregon Problem Drinker i: D'ri ving Project, has requested that President Teague appoint a councilman willing I, to serve on an advisory committee for that program. d i' !I ii Councilwoman Campbell fel t this was a worthy project and said she would attend the, !i meetings. Affirm I M. Budget Committee Orientation Tour - Concern has been expressed in the past by budget committee members over lack of orientation 'to physical and operational facilities and ' : departmental activities. Since Wednesday is normally reserved for Council meetings I ' , and tours, it was suggested that uncommitted Wednesdays might be used for such orienta- tion by Council and Budget Committee members. If councilmen wished, the hour before meetings could also be used for unstructured discussion of items to be before the Council, in light of Councilwoman Bea1's earlier comments. Councilwoman Beal requested that, whenever possible, the facilities to be visited not ~ be alerted of the Council's coming. Manager felt this might be possible, with the exception of the jail, which must be prepared for groups. Mayor Ariderson felt the Council should make such inspections at least once every two years. , Councilman Williams wondered if it would be possible for budget commi ttee members to take part, since for them it would be only a one-hour session each Wednesday. " , Mayor Anderson requested staff to make an initial attempt to assess the value of such ': tours. He suggested that the group assemble at the facility to be toured, rather than at city hall, and that this might save considerable time. Mrs~ Beal asked that consideration be given to the article in Nations Cities, regarding input from citizens as to what their budget priorities were. Such a technique might' _ I' serve to get the budget passed. :1 i "- ;! Mr. Williams said it was his impression this would be discussed at the convention in II i' Honolulu. I: :: ,: Mrs. Beal said she did noE realiy want to follow what was in the document, but to :' I' \i apply it to local problems. II 'i tit ~ 10/11/71 - 6 "'l e 7/,Lj- 10/11/71 Ii " " I] I 'I 0 j1 Mayor Anderson suggested that copies of this article be made available to budget ii !; " i: comnrrttee members. I " " ',' Manager said staff would look into the Nation's Cities proposal, and inform the ;1 Council of the ramifications. Affirm N. Council Meetings, October, November and December - Since October 25 has been named 10/6/71 Veteran's Day, afeerdiscussion it was Council consensus that Council meetings I be held November 1 and November 22, and that the meetings of October 25 and November 8 be cancelled. Affirm O. Municipa1Policy~ League of Oregon Cities - Councilman Williams commented that he " 9/29/71 had been appolhted to the '~eso1utions comnrrttee of the League of Oregon Cities, " , which will consider revision of Oregon Municipal Policy. He r~quested Councilmen to suggest revisions;' and provide h1i1m with background material for the proposals. File e P. Lane Council of Governments Request for Law Enforcement Grant - Councilman Mohr 9/29/71 was concerned that development of a corrections system at the Eugene-Lane County jail had been deleted from a proposal to the State Coordinating Agency. Assistant City Manager felt this was so, and said that he had raised a question about this prmority and wam1d look into it further. File il , " Q. Development of New Public Hearing Process - Councilman Mohr asked for an item on a I " 9/29/71 future agenda to present a recommendation to the 'Courici.1 for a new public hearing I' system and to define what is really meant by public he~rings. He asked that the City Attorney prepare a short statement of Jequirements of public hearings on any ordinance. Mayor,,,Anderson thought this was'-~k good suggestion for future discussion. Councilwoman Bea1 felt there were occasions when Council needed to study proposals in more depth in a less public situation. She proposed that, when required, the Council have study sessions which would not actually be closed to the public, but , would not be held in public. She suggested this might be par~ of this study. File " R. Study of Government in City Schools - Councilwoman Campbell commented that the 9/29/71 State Ombudsman had resigned to take a position to promote and aid curriculum : concerning government for the schools. She was very much in favor of this, and' i felt the Council had many examples of the fact that many students lacked background in civics. She felt the Council should encourage this study in public schools. i. She felt perhaps a letter to the State Board of Education might be helpful to inform them of Council feeling in this regard. Mayor Anderson said he would correspond with Mr. Haggard to indicate Council concern anq suggest that he contact the-Council for input concerning future programs. In connection with the discussion, City Manager introduced Linda Cairns, Mary Scott and-Roger O'Connell, North Eugene High School students, who have been observ- ing city operations for the past week. I Planning Director, in whose office two of the students have been observing, said the students are engaged in the very type program suggested by Mrs. Campbell, and are attempting to develop a questionnaire about ioca1 government, hoping to get more students involved. File S. Budget~Cutbacks- Copies of proposed reductions in departmental budgets necessitated 9/29/71 by a cutback in reve12ue were circulated to"Cqunci1men recently. :1 e There was no discussion of this item. File ': T. Nominations to Budget Committee - Three budget committee terms,are expiring, and to I 10/6/01 get started on orientation sessions, these appointments should be made promptly, to allow new members an opportunity to participate. File , I U. Rally for Peace - Mrs. Beal introduced Mr. Gary Ball, who is a member of the Student ' ~ " 10/6/71 Implementation Committee, and has requested her endorsement of a rally planned for the mall. Mr. Ball explained that the rally was to be next Wednesday afternoon, and that the committee was composed of people who felt it necessary for American troops to be withdrawn immediately from vietnam. They were asking Council endorsement to include participation of all people of the city, rather than just students. I ;, Mayor Anderson asked whether the comndttee was asking endorsement of the demonstration or of the troop withdrawal program. Mr. Ball said the group was planning a march from the campus to the Mall, probably around 4:00 p.m., so that people who worked could attend. Mr. Gribskov expressed concern that this would spill into the heavy traffic period. ,I e Manager asked if arrangements had been made for a parade permit. He explained that this activity must be coordinated with physical problems. . - -' , '- 10/11/71 - 7- , " ~ ... ,...- I 7/s e 10/11/71 I' ,) I; :1 ,) II I " I, I' :1 'I " t: Mayor Anderson said past actions of the Council would imply that Council !I " would be in favor of such an expression. However, he felt they should not ): make a formal endorsement, at least until they had further information. I' " " I: I' " i: Mrs. Beal felt the Council should move to endorse the plan to have a demonstration I 'I in the mall, subject to satisfactory cornperation with city staff for planning. I Mr. Mohr asked whether Mrs. Beal was suggesting the Council endorse this particular demonstration, or the matter of using the mall for such purposes as a rally. He was not sure whether the Council should take an official position on this matter. As an individual, he was comndtted to this position. I, Mrs. Beal did not think it would be out of line to endorse a public gathering of peace groups. Rallys and demonstrations were uses of the mall which the Council had encouraged. Mr~.Williams felt the Council should be completely aware of the comndttee's plans and e its responsibilities, and that the plans had staff review prior to taking any action. Mayor Anderson felt this might be a matter of redundance, and that the Council would firid itself endorsing all types of para(les and demonstrations. I' Williams suggested that the Council re-discuss and re-pUblish rules by which , Mr. I things may be placed on Council Agendas. File I; I , V. South Willamette Traffic Noise - Mr. Teague commented that he had received a call :1 10/6/71 regarding South Willamette traffic noise, and that it has been much better, and ;, I that the caller wanted to express appreciation. File ,I 'i I. W. Criminal Justice System Priorities - Councilman Mohr again commented on the request 10/6/71 for a report on the criminal justice system priorities. Assistant City Manager has I' requested information, but it has not yet been received. File " ,: :1 , i X. Recommended Denial of Amendment to Eugene Sign Code, petition of Obie Outdoor :, " :1 10/6/71 Advertising Company (To allow additional billboard area) - Planning Director explained " that the Council may direct the Planning COnmUssion to hold a public hearing on this .i i ~ " i, item. The Planning COnmUssion heard the Obie Company request and denied consideratjon I, :j of the amendment. 11 I' ,I I. [I Counci 1 consensus was to schedule discussion at a future cOnmUttee meeting. ,I .1 " I; Ii Ii There was discussion among Councilmen re?arding negative recommendations and how :; II i! Council should-handle them. Mr. Williams felt the request should be scheduled on a " Ii " subsequent cOnmUttee agenda, and petitioners requested to be present. " I. ,I ;i Planning Director said the Manager had directed the Planning office to discuss the :' ': problem of negative recommendations with the City Attorney, and that it was felt an I ,i amendment might be in order so that such items do not come to the Council unless appealed. File " I .[ No action was taken. " Y. National League of Cities Municipal Policy Resolutions - Manager reminded Councilmen 10/6/71 that National League of Cities has requested that proposed amendments to National Muni cipal Poli cy be forwarded before October 29, whether indi vi dual or as Counci 1 proposals. File e z. Minutes of Meeting of September 27, as circulated - Approved. Approve " Mr. Teague moved seconded by Mr. Williams that the above items be approved, affirmed or r ~ iI filed. Rollcall vote. All councilmen present voting aye, the motion 'carried. ,I i: ,. !! III. Items not Previously Heard I' A. Improvement Petitions I: 1- Storm Sewer, Marlow Park Subdivision 49.15% ii This proposal is the result of action taken at the time Marlow Park was subdivided. The owner of the property relocated an existing drainage ditch so that it would !. run between his property and the neighboring property to the north, which was .1 I already developed. A number of the lots have been improved. Property owners have :, i! petitioned the city to install storm tile. This project will require a 48 inch '; pipe. Because the property owners had no control over relocation, they are being " I requested to pay for a 12" pipe, with no assessment to the old, existing subdivision I' on the north. Staff recommends that the petition be accepted. Mr. Teague moved seconded by ~r. Williams to accept the petition and authorize staff to prepare plans for bid. Mr. Bob Hutchison, 2181 Marlow Way, said he is building a home and his lot is one of those affected. He felt the ditch was dangerous where it crossed school " and commercial property, and that it was strange that these properties were not I' e ;! 10/11/71 - 8 ~ ""'I e 'l/~ 10/11/71 ji II I 11 II " !; being assessed for the ditch. He said that Sheldon Pool drains into the ditch, I: and creates a health hazard. He could not see how six property owners could be " ", expected to pay for this tile. Linda Bush, 2141 Marlow, said there has been a problem for sometime, and that all the lots were under water last year. As a property owner, she wanted to have her property protected. Sh~rry Hutchison, 2181 Marlow, said the ditch was on an easement on their property, and that there are people on the back of the property. She understood they would be the only ones paying for the ditch. She suggested that the existing ditch' be fenced for the p~otection of children in the area, and said she felt the pool :i should not be drained into the ditch. Manager explained that the drainage ditch had been in this area as a natural e drainage area, and was moved by the subdivider to the north. He further explained storm drainage needs for the entire Willakenzie area, problems of funding and possible means for such funding in the future. After further discussion and explanation of past drainage problems in the area, I' Manager reminded those present that there will be an opportunity for public " hearing after the bid is let and the total dollar cost is estimated. " I Councilmen expressed a wish to view property. Manager said this could be done " , between now and the time of public hearing. , 'I: " ': Councilwoman Campbell asked for an explanation of why Sheldon Meadow Pool empties into the ditch. Manager will report on this matter. , Mr. Wayne Bush, 2141 Marlow, said it is his experience water in the ditch is I, , caused from the sprinkler system of the high school, rather than from the swimming " , pool. " Vote taken on motion as stated. Motion carried with Mr. McDonald voting no. 2. S~orm Sewer, Crestvilla Planned Unit Development 100% " I, " City cost on this project will be $1900. Staff recommends approval. " " Mr. Teague moved.seconded by Mr. Williams that the petition for storm sewer, Crest- i! " villa Planned Unit Development be approved. Motion carried. i: Mr. Mohr entered the meeting. Ii I B. Liquor Licenses, approved by Police Department Pa~kage Class B - Quinns Market, 1123 Monroe, Change of Ownership i: I Package Class B - McKays Markets, 1960 Franklin and 202lli River Road, Change Owner5hip :! Mr. Teague moved seconded by Mr. Williams that the above licenses be approved. Motion carried. ORDINANCES COUNCIL BILL NO. 9503 - Adding to Eugene Code new Section 4.727 (Regarding disturbing e or breaking up public meetings or assemblies), as amended, and declaring an emergency, was I: submitted the first time September 27, 1971, and failing to receive unanimous consent for second reading, was held to this meeting for final approval. Mr. Teague moved seconded by Mr. Mohr that the bill, as amended, be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16307. COUNCIL BILL NO. 9508 - Calling public hearing November 22, 1971 regarding vacation of a portion of plat of Crescent Acres located north of Crescent Avenue between Coburg Road and Gilham Road (Zellner) was submitted, and no councilman requesting that it be read in full, was read the first time by council bill number only. Mr. Teague moved seconded by Mr. Williams that the bill be read the second time by courcil bill number:! only, with unanimous consent of the Council. Motion carried unanimously and the bill was read the second time by council bill number only. I Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16308. ,I COUNCIL BILL NO. 9509 - Zoning of newly annexed area west of Delta, north of Goodpasture Island Road to C-2 SR was submitted and no councilman present requesting that it be read in full, was read the first time by council bill number only. Williams that the bill be read the second time by council bill , Mr. Teague moved seconded by Mr. " e number only, with unanimous consent of the council, and that enactment be considered at this time. Motion carried unanimoysly, and the bill was read the second time by council bill number only. 10/11/71 - 9 ... "...- I 7/1 e r , :1 I, I Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall II vote. All councilmen present voting aye, the bill was declared passed and numbered 16309. I! COUNCIL BILL NO. 9510 - Zoning newly annexed area south of West 25th Avenue and west of Hawkins Lane II Ii to RA Suburban Residential was submitted, and no councilman present requesting it be read in full, I! was read the first time by council bill number only. I' 'I ;! Mr. Teague moved seconded 1:y Mr. Williams that the bill be read the second time by council bill number Ii only, with unanimous consent of the Council, and that enactiment be considered at this time. Motion I carried unanimously md' the bill was read the second time by council bill number only. " ii Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall I: Ii vote. All councilmen present voting aye, the bill was declared ~~ssed and numbered 16310. 'I ,: It COUNCIL BILL NUMBER 9511 - Zoning newly annexed area west of Bertelsen Road and south of West Ilt~: Avenue to M-2 SR was submitted, and no councilmen present requesting it be read in full, was read the " first time by council bill ngmber only. -. ': e Ii 'I Mr. Teague moved seconded by Mr. Williams that the bill be ~d the second time by council bill number i, II only, with unanimous consent of the Council and that enactment be considered at this time. Motion II " carried unanimously and the bill was read the second time by council bill number only. II Ii Mr. Teague moved seconded by Mr. Williams that the bill be approved an'd given final passage. Rollcall I! vote. All councilmen present voting aye, the bill was declared passed and numbered 16311. I i' I! COUNCIL BILL NUMBER 9512 - Zoning newly annexed area, including all of Tax Lots 700, 800 and II 900 and the easterly 410' of the northerly 150' of Tax Lot 1000 to M-ISR; Tax Lot 600 and Tax Lot Ii 1000 to R-2 SR - located west of Bertelsen and north of 18th avenue was submitted, and no councilman present requesting it be read in full, was read the first time by council bill number only. 'I (For comments on this bill, see Page 2 of these minutes) i --=-.,.- I Mr. Teague moved seconded by Mr. Williams that the bilill 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 I: carried unanimously and the bill was read the second time by council bill number only. I! Mr. Teague moved seconded by Mr. Williams that the bill be apprvoed and given final pasaage. Rollcall II Ii vote. All councilmen present voting aye, the bill was declared passed and numbered 16312. COUNCIL B ILL NO. 9513 - Zoning newly annexed property located east of Delta Highway and north II of Beltline Road to RA Suburban Residential District was submitted and no councilman present request- 'I Ii ing that it be read in full, was read the first time by council bin number only. II Mr. Teague moved seconded by Mr. Williams that the bill be read the second time by councilbill number " I' only with unanimoius consent of the Council. Motion carried unanimously and the bill was read the II second time by council bill number only. 11 'I I' Rollcall :i II Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final passage. I: ,I vote. All councilmen present voting aye, the bill was declared passed and numbered 16313. " I 'I i I' I: " " COUNCIL BILL NO. 9514 - Zoning newly annexed property located north of 30th Avenue east of Emerald: \\ . ' Street and south cr Chula Vista to RA was submitted, and no councilman requesting that it be read inl n , full, was read the first time by council bill number only. " " , Ii Mr. Teague moved seconded by Mr. Williams 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 :i carried unanimously and the bill was read the second time by council bill number only. :i Ii :, e Rollcall :, II Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final passage. ii " vote. All counilmen present voting aye, the bill was declared passed and numbered 16314. I' II ., I COUNCIL BILL NO. . . ,: I: 9515 - Construct storm sewer between Baxter Street and Falrfleld Street from Haw-:: Ii thorne Street north. to Marshall Avenue ditch was submitted and no oouncilman present requesting that it be read in full, was read the first time by council bill number only. II Mr. Teague moved seconded by Mr. Williams that the bill be read the second time by council bill number " " Ii only with uannimous conset of the Council and that enactment be considered at this time. Motin carried: II unanimously and the bill was read the second time by council bill number only. (1 Mr. Teague moved seconded by Mr. Williams that the bill be approved and given final pasage. Rollcall II I' vote. All councilmen present voting aye, the Thill was declared passed and numbered 16315. ,! Ii I Ii COUNCIL BILL NO. 9516 - Adopting plans and specification for construction of storm sewer between I: II Baxter S ~eet and Fairfield Street from Hawthorne Street north to Marshall Avenue ditch was submitted I' Ii and no councilman present requesting that it be read in full, was read the first time by council bill 'I number only. I: Ii Mr. Teague moved seconded by Mr. Williams that the bill be read the second time by couroil bi~l number Ii only with unanimous consent of the Council and that enactment be considered at this time. Motion carried ii unanimously and the bill was read the second time by council bill number only. I' l\ ,I e II Mr. Teague moved seconded by Mr. Williams that the bill be 'approved and given final passage. Rollcall 10/11/71 - 10 ~ "'l e 7/t' 10/11/71 I, ;1 I !! !~ Ii Ii 'I vote. All councilmen present voting aye, the bill was declared passed and numbered 16316. I: I; II , COUNCIL BILL NO. 9517 - Improve alley between 6th Avenue and 7th Avenue from Van Buren Street to Tyler Street 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 sec?nd 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 16317. COUNCIL BILL NO. 9518 - Adopting plans and specifications for improving alley between 6th Avenue I and 7th Avenue from Van Buren Street to Tyler street was submitted and no councilman present requesting e that it be read in full was read the first time by council bill numb.er only. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council bill nuWber only with unanimous consent of the Council and that enactment be considered at this time. Mcti on carried unanimously and the bill was read the second time byscouncil bill number only. Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall I vot e . All councilmen present voting aye the bill was declared passed and numbered 16318. COUNCIL BILL NO. 9519 - Improve Brewer Avenue from Gilham Road to Norkenzie Road 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 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 16319. I I COUNCIL BILL NO. 9520 - Adopting plans and specifications for improvement of Brewer Avenue from ! Gilham Road to Norkenzie Raod 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. Moti on carried unanimously and the bill was read the second time by council bill number only. Mr. T~gue 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 16320. I COUNCIL BILL NO. 9521 - Construct storm sewer between Marlow Lane and Sally Way from Norwood I' Street to Approximately 500' west 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 seocned by Mr. Mohr that the bill be read the second time by council bill number only:' wi th unanimous consent of the Council and that enactment be considered at this time. Motion carried llinanimously and the bill was read the second time by council bill number only. e 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 16321. COUNCIL BILL NO. 9522 - Adopting plans and specifications for construction of storm sewer between Marlow Lane and Sally Way from Norwood Street to approximately 500' west was submitted and no council man present requesting that it be read in full was read the first time by coumil 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. Moti on carried unanimously and the bill was read the second time by council bill number only. '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 16322. COUNCIL BILL NO. 9523 - Construct storm sewer to serve Crestvilla Planned Unit Development was submitted and no councilman present requesting that it be read in full was read the first time by I council bill number only. Mr. Teague moved seconded by Mr. Mohr that the bill be read the second tiem by council bill humber only with unanimous consent of the Council and that enactment be considered at thistime. Motion carried unanimously and the bill was read the second time by council bill number only. I, , !! Mr. Teague moved seconded by Mr. Mohr that the bill be approved and given final passage. Rollcall - I. vote. All councilmen present voting aye the B.lll was declared passed and numbered 16323. " I i' e 10/11/71 - 11 ... ,...- 7/; e 10/11/71 [: I COUNCIL BILL NO. 9524 - Adppting plans and specifications to construct storm sewer to serve crest-:I I II If villa Planned Unit Development was submitted, and no councilman present requesting that it be read :1 I' in full, was read the first time by council bill number only. II :: i ;1 !: !I Mr. Teague moved seconded by Mr. Mohr that the bill be read the second time by council lill number only il ,: wi th 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 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 16324. RESOLUTIONS RESOLUTION NO. 1974 - (For .discussion see Page 2 of these minutes) Transmitting to Boundary Com- I .. , mission request for annexation of 3,468 square feet located south of Buck Street off West 18th Avenue (Zollinger) was submitted. : I e ~r. Teague moved seconded by Mr. Williams that the resolution be adopted. Motion carried unanimously. I I RESOLUTION NO. 1975 - Authorizing payment of bills, claims and progress payments. I Councilman Hershner had a question regarding payment to Eugene Renewal Agency regarding parking lots. It was explained that these are metered lots for which the city keeps an accounting and makes an annual report. Revenues are more than covering the expenses. I ! Mr. Teague moved seconded by Mr. Mohr that the resolution be adopted. Rollcall vote. All councilmen present voting aye, the motion carried. ., Meeting adjourned to October 25, 1971, and because of failure to have a quorum available, it was :1 " " adjourned to November 1, 1971. I ,. I I' ~; I' City Manager :l " i I :: 'i :i I! -. I 'I , ,: I :i ! e ~ I ;1 :1 , I , ,i 1: ,I II " " " ,. " if I: :' 11 '1 ;i " I II I. II I: h I I' " i: ! , " 'I ~ ! i I: ,I i 'I ,r I II 'I e I' 10/11/71 - 12 ~