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HomeMy WebLinkAbout01/24/1972 Meeting r 8 e- Council Chamber Eugene, Oregon January 24, 1972 !) ;' Ii I: I I Adjourned meeting of the Common Council of the cityof'Eugene, Oregon - adjourned from the regular meeting held January 10, 1972 - was called to order in the Council Chamber by His Honor Mayor Lester E. Anderson at 7:30 p.m. on January 24, 1972, with the following councilmen present: Mr. Mohr, Mrs. Beal, Messrs, McDonald, Gribskov, and' Williams', and Mrs. Campbell. Councilmen Teague and Hershner were absent. I - Public Hearings A. Assessments Conncil Bills Nos. 9555 through 9560 levying assessments for various paving and sewer projects were heard and approved. (See action on pa.ge~:: ;:~~9 _~~-tn~~miD1}~e~;un~~'_or~inances. ) B. Appeal from Planned Unit Development, Sunshine Acres, Cooley/DeBUsk A letter from James DeBusk, 15009 S. E.Mill, Portland, Oregon, was read appealing to the Council for reversal of the Planning Commission's approval of the Sunshine Acres PUD. He wrote' that the planned unit development left no access to the rear of his property which fronts on Harlow Road. The Planning Director showed slides of the PUD and explained it is the Planning staff's feeling that Mr. DeBusk and his neighbor can develop their properties through subdivision or PUD and provide their own interior roads. ,I: e " , " Wallace Clark, representing William. Neel, designer of the PUD, 241 East Broadway, showed drawings of the project and explained that they tried to avoid a through street inasmuch as the only users would be residents ,of the p~oject~ It would require a major design change if access is required to the back of the two properties facing on Harlow Road because of the planned 6- to 15-foot buffer bordering the two lots. I Mr. Mohr asked if there were grounds for the appeal based on the ordinance governing PUDS. The Planning Director answered that technically there were none, it might be considered a borderline case. Mr. Mohr moved seconded by Mrs. Beal to deny the appeal on the basis that there is no substantial ~~~ reason for accepting it based on the conditions of planned unit developments as specified by ordinance. Councilman McDonald asked if Mr. DeBusk was notified of the hearing, and was told a letter was written to him on January 18, 1972 to his Portland address. A vote was taken on the motion to deny the appeal, and motion carried unanimously. C. Abatements 1. 431 East 3rd (Cliff Shirley-Universal Developers) - The Building Department reported they were unable to secure rehabilitation or removal; the building is not suitable for occupancy and utilities were disconnected in 1971; complaints have been received from neighboring residents. Mr. Mohr moved seconded by Mrs. Beal that the structure at 431 East 3rd be declared a dangerous building and abatement authorized. Motion carried unanimously. (See actmon on page 2i~of these " '.'- minutes under Resolution 2002.) I 2. 631 West' 11th (John Skillern-Ed~ard Mansell) - The Building Department report was noted with regard to portion of structure still standing and its dangerous condition. Mr. Mohr moved seconded by Mrs. Beal to authorize abatement of the building at 631 West 11th Avenue Motion carried unanimously. (See action on page ~tl~:of these minutes under Resolution 2003.) - D. Nightwatchman Trailer, 460 North Danebo Road - A Building Department report indicates nightwatchman services are desirable for this building (Danebo Parts and Equipment) located in an industrial zone. Connection of a mobile home would not be detrimental to surrounding properties. Mr. Mohr moved seconded by Mrs. Baal to grant a revocable permit allowing the mobile home for nightwatchman living quarters at 460 North Danebo Road. Motion carried unanimously. (See action on page ~~these minutes under Resolution 2004.) E. Zoning Hearings Official, Conditional Use Permits (Planning Commission Report January 10, 1972) - The Planning Commission recommended that the Council consider use of zoning hearings official concept as it relates to conditional use permits. The City Manager suggested any action at this time be preliminary in nature because there are no funds budgeted, and to allow staff work to develop the possibility. James Pearson, president of the Planning Commission, explained that the Planning Commis- sion is spending more and more time on zoning and administration in addition to many extra meetings with other agencies, leaving too little time for actual planning work. He said the Commission feels the administrative workings can be handled by another body or another person where there still would be due process and hearings comparable to the present situation with the Planning Commission, yet not involving the Planning Commission. Based on experience of other communities and presuming criteria is precise, use of a zoning hearings officer appears to be an appropriate way of handling conditional use permits. He outlined the general tentative procedure the Commission would like to see 1/24/72":" 1 I - ~ """III e 9 I ii :, I: followed, eliminating applicants' presentation in full to the Planning Commission,but providing for appeal from the hearings officer's decisions to the Planning Commission, and going directly from the Planning Commission to the courts. The Commission is talking now only of conditional use permits, but would consider at some future time including in the officer's duties hearings on planned unit developments. At the present time the Commission is making this tentative proposition with the in- tent of going ahead with preliminary examination in order to get the process started at the first opportunity, and to get the feeling of the Council members to see if they feel the idea should be pursued. Councilman Williams asked what procedure would be provided should there be an ap- peal when a conditional use permit has been allowed rather than denied, and how many conditional use permits are processed in a given time. He also asked whether p~passing the Council and having hearings before only the officer and the Planning Commission before going to the courts assumes the laws as written are not as they should be. e I Mr. Pearson said appeals on the issuance of permits, granted or denied, would be from the hearings officer to the Planning Commission on the same basis on which they now go from the Planning Commission to the Council. Hopefully, before im- plementation,illf the procedure is adopted, evaluation and improvement of the hear- ings ordinance would provide more specific criteria concerning granting of permits. He said that removing hearings from the law-making body is perhaps a good thing; issues would be heard on the merits of the case rather than on any political con- sideration. The procedure assumes a set of criteria in the ordinance which are extremely good. He said that he does not know of any instance in which the Council had reversed a Planning Commission decision on conditional use permits. The Planning Director said conditional use permit hearings average about 45 a year; 70-75% approved, 10% appealed. Councilman Mohr suggested that the mechanism for establishing administrative hearings before either the Planning Commission or the Council be embodied in the research of the proposed legal intern who, if employed, will explore legal re- quirements on public hearings in general. When that instrument is prepared, policy on hearings can be made. Mrs. Beal remarked it would be well to include the question with the intern's research, if it didn't take too long; however, the Planning Commission is sug- gesting this hearing procedure because of the work load, and action is needed as quickly as possible to relieve them of some of the administrative work and allow their time to be spent on actual planning. Councilman McDonald agreed with Mrs. Beal's comment with regard to the time element and work load, and said he feels Planning Commission appointments and procedures should be examined with the idea that the community is growing beyond the need for a Planning Commission only. I Mayor Anderson replied he would not attempt to delineate duties of Planning Com- mission members but does believe the City has been fortunate in having so many competent citizens willing to spend so much time and effort as members of the Com- mission without compensation. He said he feels it is encumbeat upon the Council to make possible more time for the Commission to spepd on planning duties rather than administrative; he favors the concept of hearings officer as presented and recommended the staff be directed to bring back an ordinance to cover including arrangements for funding. e b;1rl Mohr moved seconded by Mrs. Beal that the staff be csked to prepare an ordinance embodying the concept of an administrative officer for hearings on conditional use permits which come before the Planning Commission, together with estimate of costs involved. Motion carried unanimously. ' F. Code Amendments 1. Definition "Group Care Homes" - Planning commi$sion Report December 14, 1971. The Planning Commission recommended amending Section 9.254 of the Eugene City Code concerning definition of group care homes to read: "Sha11 mean any home or pri vate insti tution maintained and opei1la.Eed for the care, boarding, housing, and training of four (4) or more physically, mentally, or socially handicapped persons or delinquent or dependent persons by any person who is not the parent or guardian of and who is not related by blood, marriage or legal adoption to such persons." I The Planning Director explained the amendment as a housekeeping measure sug- gested by the attorney' s office in order to eliminate use of condi tiona1 use permi ts for many group care proposals; it permi ts group care homes whi ch have persons over 18 years of age in residential districts. Comm 1/12/72 PiJb_ Hrng - The proposed definition was read, and the Planning Director said the City Attorney ad- vised this type language would allow work release and various other programs without having to use a catchall clause allowing use under conditmenal permits for group c~re homes. (See action on pag~tg' of these minutes under Council Bill 9573,Ordinances.) 1/24/72 - 2 .... r I /0 e 2. R-4 District Uses, Commercial Zoning - Planning COnmllssion Report January 10, 1972. The Planning COnmllssion recommended amendment to Section 9.382 of the City Code to allow certain uses under conditional pernrit - barber and beauty shops; delica- tessens; grocery stores; professional offices for accountants, attorneys, physi- cians, osteopaths, dentists, optometrists, opticians, chiropractors, and other state licensees practicing healing arts; and restaurants, except drive-in or walk-up. The amendment also sets criteria to be utilized in permitting the conditional uses. " 'I il ,I :1 II I I; Ii !t I, " Mr. Williams questioned the exclusion of walk-up restaurants, and was informed no eating is allowed inside the building for a walk-up restaurant; problems result- ing from food being eaten outside was the reason for exclusion from uses. Mr. Hershner questioned the requirement that commercial uses must be in con- junction with residential uses except on very small lots, asking if it is neces- sary to make the combination mandatory. The Planning Director said the R-4 zone is basically for housing, but it is felt certain commercial uses should be pro vi ded. e Mr. Williams asked about leeway in granting the conditional permit should a lot be a fraction smaller or larger than the 6000 square feet designated. Planning Director ex plained appeals on size of lot would go to the Zoning Board of Ap- peals and their action would depend on what is presented and cri teriaof variance procedure. ' Further discussion followed with regard to mandatory combination of commercial uses with residential uses on small lots, with understanding a decision on' adoption of the amendment would be in form of a public hearing at the January 24, 1972 Council meeting. I Comm . +/19/7,2 PUb Hrn'g Mr. Williams asked with regard to conditional use permits for non-conforming uses in R-4 zones whether physicians' offices permitted as an outright use would be permitted to continue. He said he feels it is important and should be answered before the ordinance is adopted. The Planning Director said there is no phase-out scheduled; no specific answer so the attorney's opinion would have to prevail. Mr. Pearson said he feels the uses referred to are not non-conforming uses, rather they are conditional uses, and would continue as such with no phasing out intended. But if any expansion is requested, the hearing procedure would have to be followed and a conditional use permit obtained. The purpose of the amendment is to inject vertical zoning into the ordinance. Mr. Otto Poticha, architect, said he feels it appropriate if R-4 zones are to take con- ditional medical uses, that the hospital area should be zoned the same way, and that medical oriented facilities were permitted as an outright use when the hospital project was started. He wondered why architects' offices were not included in the uses permitted under the amendment. (See action on page 1..9 underC.B.9574, Ordinances.) G. Street Name Change - North Shasta Loop (Planning CommissimReport December 13, 1971) The Planning COnmllssion recommended denial of request to change the name of this street located east of East Amazon connecting the south end of Agate Street with East 43rd. A majority of the people with residences on that street and using that address object to any change. I Mr. Mohr moved seconded by Mrs. Beal to sustain the Planning Commission's recom- mendation (no change). Motion carried unanimously. Comm 1/12/72 Pub Hrng H. Vacations 1. utility Easement east of Hughes, between Pattison and Avalon, George Pyle (Planning COnmllssion Report December 14, 1971) - The Planning COnmllssion recom- mended approval of vacation of thie 6-foot easement. (See action on page'!~f; of these minutes under C.B. 9575, Ordinances) 2. Bufton, north of Wes t 11 th between Wallis and Bertelsen, George Wingard (Planning COnmllssion Report December 14, 1971) - The Planning COnmllssion recommended vacation of this dedicated but unimproved street. The Planning Director said a 100-foot easement is to be dedicated for the Amazon Channel whii:i:h would take care of any remuneration which might be due for the vacated property. (See action on page iq of these minutes under C.B.9576, Ordinances) e Comm 1/12/72 Pub Hrng Comm 1/12/72 Pub Hrng 3. portion Dillard Road at Snell, Gary Parks (Planning COnmllssion Report Decem- ber 28, 1971) - The Planning COnmllssion recommended approval of vacation of this area bordering on an annexation which the Boundary COnmllssion has ordered and which will come into the City unless there is an appeal. I Mr. Williams said it appears that traffic congestion would result since the property lies at the junction of the two streets; he asked if the value of the property to be vacated has been est,Eililished. Public Works Director explained the property is unimproved and vacation would actually improve the traffic situa- tion since it would allow a 90ltdegree intersection instead of the wide "y" type which now exists. He said there has been no appraisal of value. -- 1/24/72 - 3 :,-.; .... ..... e II I Planning Director said the vacation is required as a part of platting. Mr. Teague questioned the value to the City of the area proposed for vaca- tion as a small park or playground, saying it seemed to be a sizeable piece of property to be deeding into pri vate ownership. Staff explained no value would accrue to adjacent property, since lots were already created and improved. Manager said maintenance of property alone would be more of a liability than use of the land; it is not large enough for a recreational area and if ownership is retained it would have to be landscaped and maintained as a landscaped area. Also, there is the possibility of assessments for any future improvements which would have to be assumed by the City since lots are now separated from the street by this ownership. Mr. Teague moved seconded by Mrs. Beal to have the property appraised before action is taken on the vacation request. e Upon question from the Manager, it was agreed an informal appraisal by City staff would be sufficient rather than requesting a formal appraisal. A vote was taken on the motion, and motion carried. I Mr. Williams commented that since the staff already said the property is worthless, it would seem a staff appraisal would be no different than the recommendation to vacate. Manager said the staff does not feel it is "worthless," only that it is of no value to the City. Further discussion followed wi th regard to value of land proposed for dedication to pri vate use with general agreement additional information would be of benefit. The Manager said an appraisal would give the square foot value of the land, and Mayor re- marked it would also give some comparison to benefi t the City would be re- ceiving from the vacation in not having to maintain the property. (See gction page...40,> these minutes under C.B.9577, Ordinances) , 4. Portion of Easement, Lot 11, Block 4, 1st Addition to Cow Palace (Jeppeson Acres Road west of Norkenzie), Barker {Planning COnmllssion Report December 28, 1971 - The Planning Director explained construction of a building encroached upon the easement. When the property was platted requirements for utilities were not complete and it was felt there would be future need for the easement. Planning COnmllssion recommended vacation of that portion upon which the build- ing was constructed. (See action page 20 these minutes under C.B.9578, Ordinances) Comm 1/12/72 Pub Hrng Comm 1/12/72 Pub Hrng I 5. Easement near Hawthorne between Fairfield and Baxter, excluding south 25 feet, Sorgenfri - Planning COnmllssion Report December 28, 1971 - Planning Director explained additional easement was considered necessary for storm sewer construction, but since a culvert was instal~ed the extra width will not be needed. The additional property would provide land for a build- ing project. The south 25 feet is being retained for utilities, and a 20-foot easement remains on the west. (See action page 20 these minutes under C.B. 9579~Ordinances) , 6. EasemeDt, lots 13 and 18, Pine Ridge Estates north of Mahalo Drive, W.H. Dills (Planning Commission Report January 10, 1972) - Planning Commission recommended approval. (See action page '25 these minutes under C.B.9580, Ordinances. ) Comm 1/12/72 Pub Hrng a II - Items Gonsidered With One Motion. Previously discussed at Committee meetings on January 12 and January 19,1972. Minutes of those meeuiRg~ are printed below in italics. e Mr. Mohr moved seconded by Mrs. Beal that Items A through V below be approved, affirmed, and filed as noted. A. Lane County Community Action Agency, City Representatmen - The restructuring of this Agency as a County-operated program calls for an Administering Board of 21 members: 1/3 public officials or their designee; 1/3 low-income representatives; and 1/3 from private sector, as detailed in a letter presented to the Council from the Program Director. Eugene has been designated to .recei ve one seat on, the Board, and the Council was asked to consider the appointment of one of its members and convey the choice to Lane County COmnUssioners as soon as possible. Mayor Anderson commented that Councilman Mohr had represented the City when the Agency was operating as Lane Human Resources, and Mrs. Campbell suggested Mr.Mohr's continuing as the City's representative. I Mr. Williams moved seconded by Mr. Teague that the Mayor appoint a Council member to represent the City on the Administering Board of Lane County Community Action Agency. Motion carried. Comm 1/12/72 Approve e B. Lighting, Central Business District Loop Streets - Council members had been provided wi th tabulation of 12 proposals for lighting the mall loop streets, showing number of poles and fixtures, estimated cost, power usage, and capital cost. Manager read staff's report for recommending Plan I on the tabulation: Fewer poles and least cost for desired lighting level of 3.8 footcandles. He said the Eugene Downtown Associa- tion favored a 3. 8 ,f.oo_~_<?~m3.:Le lighting level, together with poles that will tie in with general building design in the area and which will be aesthetically pleasing. 1/24/72 - 4 ...11I1 ~ /2 e II I: I: " On questian fram Mr. Hershner, the Manager explained cast af installatian is barne by EWEB and amartized aver a periad af time; cast af pawer and maintenance barne by Ci ty. Mrs. Campbell asked which af the tabulated plans matched thase farmerly presented by Otto. Paticha, architect, who. pratested installatian af the 60-faat pales called far in Plan I; she was tald Plans IX thraugh XII. Manager also. canfirmed that the Eugene Renewal Agency wauld nat pay any af the cast. He said if samething ather than the plan recammended by staff is decided upan, it wauld be desirable to. ask the cansul ting designers far the mall and the Renewal Agency to. bring anather prapasal to. the Cauncil. Mr. Mahr said it was his understanding that Plan I was the architects' recammendatian. Mrs. Campbell understaad there was an alternate plan submi tted. Cauncilman Williams said he had discussed the lighting with Hugh Mitchell, mall design architect, and faund the light level desired wauld deterndne the installatian - if 3.8 faatcandle require- ments,' then 60-faat pales with metal halide fixtures wauld be apprapriate. Mr. Mahr restated the administratian' s request that if the recammendatian is changed, the mall architects wauld be asked to. prepare a new plan based an carefully prescribed specificatians. Mr. Williams said he naw feels there is no. ather practical caurse to. pursue, cansidering the light level desired, trees in the area, ecanamics, etc. He moved secanded by Mr. Hershner to. reaffirm ari ginal Cauncil decisian to. install the 60-faat pales wi th metal halide lights. Otto. Paticha, architect, distributed coPies af testimony to. Cauncil members to. suppart his views far lawer pales and incandescent lighting. He cammented an the staff's recammen dati ans , saying there was no. technical data presented supparting the design cri teria recammended, and generally discussed factars inval ved in selecting the praper lighting design. He asked that perfarmance criteria be established and referred back to. the archi tects to. have a lighting cansul tant prepare a design far the light.fix- tures. Mr. Paticha also. felt since the Renewal Agency has paid far ather lights, trees, street impravements in the dawntawn area, it wauld be passible to. ask HUD to. include the cast af these light fixtures. Mrs. Campbell asked David Hunt, Renewal Agency directar, to. camment an paying the cast, and Mr. Hunt explained that Federal reguJatians prahibi t this expense because the mall lighting is nat cansidered narmal street lighting. Charles Patterf, 420 East 3rd Avenue, pratested the methad af financing the praject. He feels the cas,'(;: shauld nat be at taxpayers expense. Ray Wiley, engineer far Breeden Bras." shawed Caunci 1 members pi ctures he had af the 60-faat pale lighting an the 14th Avenue praject, and said when faliage is an trees this type af lighting results in a severe light/dark cantrast. In answer to. Mr.Mahr's remark that a questiannaire distributed by EWEB in the 14th Avenue area determined the lighting was accepted by the neighbarhaad, Mr. Wiley said'he felt the questiannaire was no. mare than a summary showingappraval af the praject rather than appraval af 1wight level. Rachel Starr, graduate student fram the University af Oregan, said the questiannaire gave no. aptians far answers; questian submi tted w.as "da yau apprave" rather than "what is yaur apinian." Mrs. Campbell asked Parks Directar Smi th to. camment an trees, in _ relatian to. the number af poles required by the plans; she was infarmed his department was nat invalved in the des i gn -. Mr. Gribskav cammented that regardless af which agency paid far the lighting, cansidera- tian af econamics shauld be a part af the decisian. Mrs. Beal said she believes the cansensus is that more lighting is needed in the area, and it is naw a questian af a ,praper decisian an a lang-term basis, nat just immediate cast and necessity. to. make the dawntawn area the mast attractive and livable. Mr. Gribskav,restated his pasitian that regardless af where the cast falls, it is s'till an impartant factar in whatever decisian is reached. Mr. Wiley said 2 faatcandles are cansidered the industry standard, and if that level is pravided rather than 3.8 faatcandles, the cast wauld be less. Mr. Williams remarked that if Plan I is used with an~ fixture an each pale, the cast draps abaut a third, and cast af maintenance wauld drape If two. fixtures are installed an each pale and it is deci(1ed later 2 faatcandles are apprapriate rather than 3.8, it is simply a matter af changing bulbs. A vate was taken an the matian to. reaffirm previaus Cauncil actian to. apprave Plan I. Mati an carri ed, Mrs. Beal and Mrs. Campbell vating no.. Camm 1/19/72 Apprave Scatt Wiley, 892 East 20th, compared the lighting plan prapased far the mall laap streets to. the installatian at 14th and Pattersan. He sa:id he feels this much light is nat really necessary to. obtain the abjectives af pratectian and also. present a pleasing image at night. He favars a more saftly scaled light at a lawer level. Ott'a Paticha, 1820 Kana AStreet, suggested referral af the issue to. the Design Review Cammittee recently created by the Eugene Renewal Agency. He said, to.$, so far as he knaws the lighting _~.s.... -. ......:r--* ".-:.:. -- 1/24/72 - 5 ~ H II 11 11 I e I I: , ~ I e I 41& ., ..... e /3 I F I; jl, plan has not been reviewed by the Planning Commission. He called attention to the original app;Lication of ERA for grq.nt for the mall work which included pedestrian lights 8 to 10 ' feet high, and reiterated his previous arguments against installation of the lighting proposed in Plan I. , ' John Reynolds, 290 East 37th Avenue, said he feels design review is clearly justified, and that the level of lighting is twice the illumination'level for residential usage (referring to upstairs living quarters in the downtown area) as designated by the Electrical Engineer- ing Society. ' ' " , Charles Potterf, 420 East 3rd Avenue, again protested the method of financing the' project. He said he feels the people benefiting from the lights in the downtown area should pay for the installation~and that any light, whatever type, should not be installed at taxpayers' expense, and cited tax expenditures on lighting and police patrol in the do~ntown district. e Wilmot Gilland, 1670 Fairmount Boulevard, agreed with Mr. Potterf's'commentsand urged review of the plan by architects expert in the field of illumination, because once the installation is ,accomplished they would be difficult to remove. He said he feels the high intensity light- ing would tend to separate the core area more from adjacent areas rather than connecting it. I James LOngl'lOod, 2633 Spring Boulevard, newly appointed member of the Planning Commission, said he was surprised to find the proposed mall lighting had not been reviewed by the Commission. He explined it was brought up at a recent Commission meeting because of opposition which had developed in the Council's consideration, and the Commission denied by ,a 4-3 vote a motion that the issue be referred to the Design Review Committee. Howard Bonnett, 775 East 22nd Avenue, Planning Commissi~n member, said he feels in view of the recent EWEB .rate increase that some of the monies spent should be for the type lighting desired by those people paying for it, rather than the harsh high-level lighting. James Pearson, president of the Planning Commission, explained the action referre~ to by Mr. Longwood in considering the mall lighting - that opinion was split 3-3 on the Commission as to whether to invite the Council to refer the matter to the Commission, and on a motion to refer it instead to the ERA Design Review Committee he had voted "no" breaking ~he tie because he felt it had been considered at length by the Council and that it would not be appropriate for the Planning Commission without study to recommend a course of action. Bob Thomas, staff member of ERA, explained the item included in the grant appiication for the mall referred to by Mr. Poticha was for accerit lighting only, not street lighting. Councilman Williams said he had been advised by a member of, the Renewal Agency that there is a February 15, 1972 d~adline for a decision on the lighting because of the scheduling of street widening and related work in the mall area. I Mrs. Campbell said she agrees with the public testimony opposing the.high-level fighting and that the cost factor is being given too much consideration in view of the investment in the mall already. She moved to have the entire issue referred to the ERA Design Review Committee, but the motion was ruled out of order because of a motion on the floor for approva1. Mrs. Beal questioned remarks made with ,regard to financing the lights, and M,anager explained that EWEB makes the capital expenditure invested in the street light system, and that amount is completely recovered from the City over a 15-year period. Councilman Mohr in answer to Mr. Bonnett's comments with regard to EWEB rates, explained the plan proposed is the third lowest in terms of power consumption. e C. Condemnation Settlement, Ridenour, West Amazon Expressway - City Council authorized condemnation of property in the ownership of Mr. and Mrs. Donald Ridenour for right- of-way for West Amazon Expressway. The amount offered was $3,500.00. Attorney has now proposed settlement for $3,878.00, the amount of appraisal made at Ridernour's direction. Staff recommended settlement at $3,878.00. Mr. Williams moved seconded by Mr. Gribskov to approve the recommendation. Motion carried. Comm 1/19/72 Approve I D. HUD Application, Exchange Open-Space Riverfront Properties, Raup/Brown - Open-space funds were used to purchase the Raup property on which there were several buildings. HUD requires clearance of all buildings from properties purchased with open~space funds, and this was done on the Raup property except the house which is rented to Child Care, Inc., and being used for a day care center and two small buildings used to store park equipment. Final settlement is held pending removal of those buildings ~ Staff proposes making comndtment to HUD to remove the two warehouses and the house from the Raup property if a two-year extension is considered and settlement made and funds received. Also, staff proposes exchangecxfif land of equal value purchased with the Brcwn property for the land on which the buildings are located so their use can be continued: An application to this effect would be submitted to HUD for approval. e Mr. Williams moved seconded by Mr. ,Gribskov to approve submission of the application. Motion carried. Comm J./19/72 Approve 1/24/72 - 6 ...,j ~ /4- e E. Recommendation, Charitable Solicitations Ordinance, County - Council members received copies of a memorandum from the Charitable Solicitations COnmllssion requesting the Council approach County COnmllssionerswithregard to their adoption -of an ordinance parallel to the City's ordinance on screening of fund raising campaigns. The City's ordinance has been quite effective and beneficial but telephone solicitations are being made from outside the City limits which subvert a portion of the effort in the City. Mr. Williams moved seconded by Mr. Gribskov to draft a request addressed to the County COnmllssioners urging the County's adoption of a chari table soli ci tations ordinance. Motion carried. F. Petition for Paving, Sidewalk, Storm Sewer - Centennial from Centennial Loop West to 300 feet east of Centennial Loop East (64%) - Manager said improvement is on street running north from Centennial Boulevard where commercial construction is in progress, and it is desirable the street be brought to Ci ty standards when the commercial uses take place. Mr. Williams moved seconded by Mr. Gribskov to accept the petition and public hear- ing held. Motion carried. G. Liquor License Renewals - JLC Sports Concession Stands #1 and #2 Retail Malt Beverage(RMB~) - South Willamette Street Approved by Police Department. H. Wreckers Lic6flse - Foreign Parts West, 1584 West 1st Bruce Korsted - Change of Partners I. Council Self-study Session - Mayor Anderson asked if Council members would be interested in holding a self-study session as has been done in recent years at the beginning of a new year. It was agreed such a session would be scheduled and Council members notified as to time and place. J. Conncil Officers, - Council Vice President Mohr, conducting the meeting in the ab- sence of Mayor Anderso!l, announced election of Council officers for the year 1972; Councilman Mohr, president; Mrs. Beal, vice president. K. Sidewalk Petition, Barger Drive and Echo Hollow Road - Submitted by 332 petitioners for temporary sidewalk on one side of Barger Drive from Ohio Street to Echo Hollow Road and on one side of Echo Hollow Road from Barger Drive to Willhi Street, and con- sideration of resurfacing Barger Drive. The petition also asked that the improve- ments be made without assessment to abutting properties. Manager pointed out a number of pol.icy questions: 1. City does not pay cost of temporary walks because permanent walks are preferable. 2. Temporary walks delay permanent walk installation. 3. Money for purchase of additional right-of-way to accommodate walks on Barger must be budgeted. There are no estimates at this time. 4. The City normally precedes sidewalk installation with permanent street improvements. 5. Permanent improvement of Echo Hollow and Barger is needed, permanent walks on one or both sides could accompany the street project. 6. City would need funds for extra width and storm sewers if permanent streets are built. These funds are not budgeted. 7. Property owners would normally be assessed for cost of permanent sidewalks and standard street width. 8. variance from normal City policy to construct temporary walks would result in similar requests from other areas. Maps were presented showing where additional right-of-way would be needed. Council previously toured the area. Staff recommended denial of the petition and that they be requested to bring back cost estimates on permanent improvements with a breakdown of cost to property owners and to Ci ty; the information could be used in preparation of the 1972-73 budget. Cost estimates for sidewalk on one side of Barger and Echo Holloware: Concrete - $59,152; Asphalt and Rock - $31,806; Crushed Rock - $18,285. Estimates are notnow available on acquisi tion of right-of-way", ei ther permanent or temporary. Staff does not feel a temporary ins tallation between the surfaced mat and existing di tch is safe. Council members generally agreed temporary installation is not desirable and that if the City paid for the improvements, a new approach would have to be taken with regard to the City's assessment policy. Mr. Mohr suggested a meeting with interested persons in t1w neighborhood to discuss the improvements requested and answer questions. Manager said a neighborhood com- Ini ttee in the State Streets area development program was encouraged and it might be well to meet with that committee after figures and information on alternative pro- posals are available. Mr. Williams asked the staff to include in its estimates for consideration costs of a temporary walk on an assessment basis which would not preclude going back later and reassessing for permanent improvements. ~ :[ II II 01 Ii 'i :1 I' I Comm 1/19/72 Approve Comm 1/19/72 Approve e Approve I Approve Comm 1/12/72 Affirm Comm 1/19/72 !: Affirm I It I e 1/24/72 - 7 ..... e /5 I Mr. Hershner asked staff's definition of a temporary sidewalk and was told the con- crete is considered a permanent installation; asphalt or crushed rock, temporary. il " Ii 'i I, :: Mr. Gribskov moved seconded by Mr. Williams to deny the petition and develop costs and assessments tv prop'erty owners for permanent improvements; including costs for temporary sidewalk on an assessment basis. - Mr. Mohr said he would be willing to participate in meetings with people interested in having the improvements and recommended a meeting be arranged after information is available. Mrs. Campbell said she was not convinced the City needs to pay the cost of improvements abutting large vacant areas, those abutting the State street properties would be okay. She said she had a bulletin mentioning the first phase of a $50 million program to create pUblic works projects in high unemployment areas, and asked if the improvements under consideration would qualify under that program. It was staff's opinion a total economic development program was to be proposed under this funding, an L-COG appointed conmrittee is working on it, but more information in this regard would be brought to the regular Council meeting. A vote was taken on the motion as stated, and motion carried. Comm 1/19/72 Affirm I Mel Lemmon, 5580 Barger Drive, expressed concern for pedestrian traffic in the area because of the narrow road width and heavy vehicular traffic. He said costs~ whether for permanent or temporary sidewalk, would be negligible in relation to danger to children traveling to the various schools and swimming pool in the area. He urged consideration of installation of some type of walkway, either permanent or temporary, and said it is his understanding the required right~of-way for a walk can be obtained by the City quickly and at a minimum cost. Mayor Anderson explained the Council's action in denying the petition was to deny the re- quest for the City's payment of costs for a temporary installation~ that the staff was di- rected to prepare costs estimates for permanent street and sidewalk improvement, plus esti- mates for a temporary sidewalk, both on an assessment basis. Councilman Mohr explained that Council members agreed unanimously something must be done; they also agreed to meet with a committee from the area to discuss the situation and answer residents' questions with regard to the improvements. Discussion between Mrs. CampBell and Mr. Lemmon touched on advice from the Public Works Department that Barger is projected as an arterial at some future time but not ready to be developed at this time, hence the suggestion for a temporary walkway for safety purposes. Mr. Lemmon said in answer to Mrs. Campbell's question that he feels people in the area would be willing to be assessed for a temporary walk. I The Manager commented that there are no cost estimates at this time on securing right-of- way on Barger and Echo Hollow, but in view of the great amount which will be needed for improving Barger the project would be facilitated if owners of abutting properties were to contribute the necessary land. With Council approval of the committee action ~ cost estimates will be prepared on a tempoary walk as well as on the permanent improvements. L. L-COG Representative - Since Council adopted resolution agreeing to become a member of Lane Council of Governments under its new structure, appointment of a voting member for the ci ty of Eugene is desirable. Comm Mr. Williams moved seconded by Mr. Hershner to reappoint Mayor Anderson as the City's 1/19/72 representative. Motion carried. Affirm e M. Annual Audit, Year Ending June 30, 1971 - Copies of the Annual Financial Report were submitted to Council members for review. Richard L. Flomer, partner, Lybrand, Ross, Bros. & Montgomery, expressed appreciation for co-operation gi ven by the Ci ty Manager's and Finance Director's staffs in preparation of the audit. Mr. Mohr asked if a letter was included wi th the audi t setting out certain findings and making recommendations for changes, such as was submitted with last year's audit, and was informed such a letter was included. It was agreed the report would be studied by Council members and brought back to a subsequent meeting for discussion and/or questions. Comm 1/12/72 File I N. Advisory Conmri ttee, Highway 126 Environmental Impact Study (Planning Conmrission Re- port December 27, 1971) - The Planning Conmrission recommended Mayor and Council appoint a conmrittee to advise on environmental impact study of proposed Highway 126 between Washington-Jefferson Bridge and West 11th at Oka Hill to include: Planner, engineer, architect, or landscape architect, sociologist, psychologist or physician, appraiser, and ecologist. Mrs. Campbell said she had the impression an economist was to be included. Mr. Williams agreed it would be desirable to include an economist, and suggested also addition of a traffic engineer, a structural engmyeer, and a contractor. e Manager said the Planning Conmrission felt an appraiser could be included in lieu of an economist, and that since this group is to supplement the Highway Department's team, 1/24/72 - 8 ...,j "..- I' e r II :! Ii I Ii I' :, " ;1 II " " " I' 'i I: Ii Ii 'I " !i II I Ii " " I: ,! " " Ii Ii " Ii 11 Ii ;' I' Ii Ii :: i' il I: 'I I, I: 1: " " " I: Ii " :1 'I If 'I I, I, 'I " il !, I: Ii " " I' q I! I: I: II ,! I, " ,; I, I' il Ii It , Ii i: I I' ,I I ,I " ;1 11 'I ;1 'I II I I I I I, I, II " I: I :1 i; ,I Ii " " ,I " Ii " i: I' \l " I, ~ the engineers and contractor suggested by Mr. Williams would probably be provided by the State. Mr. Williams commented that ,there would be no concern if provided, but that these disciplines should be included in any deliberations as to how or what will be recommended. I Mrs. Campbell did not agree an appraiser is equivalent to an economist, and recommended inclusion of an economist. Also that the traffic and structural engineers and contractor would not be needed in view of State Highway's team. Mr. Williams reiterated that re- gardless of how furnished; the engineers and contractor should be included. Manager suggested contact be made with State Highway Department to determine which of their peaple will be invalved befare Cauncil actian is taken an appaintment af the committee. :, il I! I ii " " :1 Comm:l 1/12/72 File e Mayor said it would be preferable if "disciplines" were indicated rather than individual pursui ts in makeup of the commi ttee; it is possible one person could cover several disciplines. He suggested adaptian of some indication as to kind of disciplines to be represented, then check with the Highway Department and bring the item back for a deci si on. O. Bicycle Safety - Copies of a letter from County Commissioner Jess Hill were dis- tributed to Council members together wi th a reply from Police Chief Allen with reg?J.xd to concern of Lane County Advisory Committee for Safety and Accident Prevention for lack of enforcement action against unsafe operation of bicycles in the, metropoli tan area. The letter asked possible implementation of an enforcement system whereby convicted affenders cauld be sent to. a bi cycle safety schoal. Chi ef Allen's response explained present safety programs maintained in grade schools and ci ted expense which would be involved in conductif)g a safety school or having a special force 'of officers devoting its entire attention to bicycle violatians. I Mr. williams expressed his concern about use of bicycles on road asked if there is any legal way of dealing with that situation. have a legal right to use the same roads used by autorriJbiles. used by cars and As it is now, bicycles Mrs. Beal cammented on the hazard of bicycles on the Ferry Street Bridge and suggested signs to the effect they should be ridden on the sidewalk only. Manager said it could be considered, however pedestrians also use that right-of-way. Mr. Hershner asked if by ordinance bicycles could be required to use only sidewalks. Attorney said since it is a matter of local concern, Eugene could pass an ordinance more restrictive than State law. Comm 1/12/72 File Mrs. Campbell called attention to a meeting of the Bicycle Study Committee an January 20, 1972 at 12:30 p.m. and said Council's suggestions on this subject could be passed to. them at that time. P. Protest Sewer Assessment (between Friendly and Lorane Highway), Emery (70-07) - The Public Works Director explained Enat Mr. W. T. Emery, 2885 Mon+oe Street, wrote a let- ter of protest prior to the hearing on this assessment in March 1971. The letter was not presented to the Council at that time since the Public Works staff felt the problem was resolved with their explanation of procedure for assessment of cost against the 38-foot strip in Mr. Emery's ownership for the sewer constructed on Friendly Street. Mr. Emery requested Council consideration, although the assessment has been made and the only action possible is for the cost to be borne by the City if it is decided the property should not be assessed; the amount ($275.25) is not large enough to warrant refiguring the entire assessment to spread the cost to. other properties served by the sewer. Public Works Director said assessment procedure requires assessment of the property; the sewer is there and can be used, other adjacent sewers cannot be used because of gravity problems, future sewer construction cannot overlap this area so there could be no other sewer assessment. He recommended that the assessment stand. I e Mr. Emery said he feels the assessment is unfair because he doesn't believe there will be construction on the property; if it is developed, it would have to be servi ced by sewers fram another directian; He displayed a plat of the area showing location of the property in relation to the sewer and gave a general explanatian af his request far waiver of the assessment. He said he had been granted waiver of the stub charge. Mrs. Emery remarked about assumption on the part of the City that the protest had been resolved; they thought a letter before the hearing was sufficient to gain the Council's consideration. She feels sewer charges should be borne by properties on Friendly Street served and does not think charges should be collected after the fact from the City either. General discussion followed 'between Council members and staff wi th regard to possible development of the property should it be sold in the future and comb~ned with ad- jacent properties, whether other sewers could service the area, possible assessments in the future, assessment procedure, etc. I Councilman Mohr left the meeting. Mr. Emery suggested the Cauncil grant a waiver af the assessment until the property is deuelaped and will use the sewer. e 1/24/72 - 9 ...... - 17 I Man~ger said if assessment procedure were such that sewers were paid for by general public and value to property realized only when sewer connection made, a waiver would be appropriate. But it is felt sewer cons tructi on creates val ue to property and justifies assessment; based on that, vacant areas can be subdivided and developed, and older areas only partially developed can be provided with sewer and service made available to vacant lots regardless of whether it is used. :l I, 'I I, Ii ,I : ~ Mayor Anderson said if exception is made in this instance it would set precedent for extenuating circumstances in future situations. Mr. Emery replied that he felt precedent was established when cost of the stub was waived. Public Works Director said waiver of stub cost was another issue; that procedure for location of the stub in this case had not been completed with Mr. Emery prior to its installation. He also said even though the property is only 30x150', if a building permit is requested it would have to be issued and a building could be lo- cated any place on the property, thereby making use of the sewer. e Mr. Williams moved seconded by Mr. Hershner to place the item on file. Public Works Director said a rehearing of the assessment would have to be held at which time it could be confirmed. No vote was taken. Comm 1/12/72 File I Q. Laurelwood Lease - Copies of a letter were distributed to Council members addressed - to Mrs. Dorothy Johnson from the Parks and Recreation Director terminating'Mrs. Johnson's lease of Laurelwood Club building as of April 10, 1972. In response to question from Mrs. Campbell, Manager explained refreshment use could be continued while the golf course is in operation and no later than 10:00 p.m., or an entirely different use compatible with operation of the golf course, but there seems to be no need for another nightclub such as is in ,operation in the building now. ,It could' be used as a communi ty center, although no funds are available for staffing. Some' vol un- teer groups have looked at it wi th that purpose in mind. Mrs. Campbell said she had been asked about its use for the aged because of lack of offi ce space down'town, and because this would be during the day she felt it would be a good use. Manager said a meeting is scheduled with the Committee for Aging to explore that possibility. Mrs. Beal asked about rent from the building ($250 per month) and whether.it could be reduced or the building used rent free. Manager replied if used by volunteer groups, would probably have to forego rent; if used as a concession in conjunction with the golf course, some income would be involved. Mayor remarked that the intent is to find some use for the building which is compat- ible wi th operation of the golf course, and the matter will be brought back for Council action. Mr. Hershner asked if there is a chance of releasing it to the same people with different hours of operation, and Manager answered they have the right Of first refusal if operation changed, but at this time no agreement has been reached on closing at 10:00 p.m. I Parks Director said there are many activities and groups to be expJored to find an operation suitable for the location. Comm 1/12/72 File e R. Notices - Council members were informed of the following meetings: A. Public hearing on 1990 General Plan before joint meeting of Lane County, Spring- ;'.field, and Eugene Planning Commissions - Thursday, January 13, 1972; 7: 30 p.m.; , -"Euge-n(;f. ~oul]cil Chamber. B-.NatL6nal League of Cities Congressional-City Conference - March 5-7, 1972 in .Washington, D.C. Comm 1/12/72 File S. Mayor's Park Study Committee - Mrs. Campbell recommended reactivation of this com- mi ttee to concern itself wi th the Southridge PUD project relati ve to its effect on the proposed Ridgeline Park. There was general discussion with regard to the com- mi ttee' s membership. Manager explained it as a joint Parks-Planning Study Committee whi ch, as part of the process of reviewing the feasibility of a ridgeline park con- cept, was created to act as a steering corrmrrttee to work with interested citizens and the staff to-bring a proposal to the Planning Commission and Council. Idea of reacti vating the commi ttee will be reviewed wi th the Mayor and brought back for consi derati on. I In answer to Mr. Mohr's question as to whom the committee would report; Mrs.Campbell said she didn't feel it necessary the committee report to the Council, but as a result of the Planning commission's action to table the Southridge PUD project she felt if the committee is to be effective it would have to be reactivated immediately in order to be heard by the Planning Commission when the item is brought back for discussion. Manager said better direction would be indicated after the January 24, 1972 Planning Commission meeting; a moratorium for one year on developments of-great density in the area may be advisable in order to allow time for the PlanningCom-' mission staff and the Joint Study Committee to review and attempt to report on the feasibility of the ridgeline park proposal. Comm 1/19/72 File e '11. Audit, Year Ending June 30, 1971 - Copies were distributed to Council members of report to management from Lybrand, Ross Bros. & Montgomery, audi tors (dated Decem- 1/24/72 - 10 ...11II "...- /8 e ri 'I !, il ber 20, 1971) and memo from City Finance Director commenting on findings listed by auditors (dated January 18,1972). The item will be brought to a future conmrrttee meeting for discussion. !I I :1 Comm ,!I 1/19/72 ;! File I U. Parks DepartmeiJ.,t Award - Manager announced the Eugene Parks and Recreation Depart- ment received the highest award of the Parks Maintenance Magazine for the combina- tion parks maintenance building and restroom in Hendricks Park. Comm 1/19/72 File V. Kathleen Thomsen letter re: Street lights and police costs was distributed to Council members with the January 19, 1972 Conmrrttee agenda. 1/19/72 File A rollcall vote was taken on the motion to approve, affirm, or file as noted Items A through V above. Motion carried, all councilmen present voting aye, except Mrs. Campbell voting no. Mayor Anderson said he appreciates the people's concern on lighting and said the Council is going to be faced often with decisions which will call upon them to be environmental specialists taking into account timing and safety, and it will not always be possible to achieve a balance. e I' " I ~ " i: Mrs. Campbell questioned procedure, asking how a Council member could have of mall loop street lights to the Design Review Committee wi th:':~ motion on and the Mayor said she could moved to table or to amend. referred the matter the floor to approve, Ii d III - i: TQPICs'~tTraffI-ci'op-ergFi;;n <-P,t.bgram to Improve Capacity and Safety) - Copies of the Plan- nin~rC6iFiiillsEi1dhc recommend~tTgn for adoption of the TOPICS plan were distributed to Council members together with copies of the Plan itself, with the understanding the item would be brought up for discussion at the January 24, 1972 Council meeting. I Mrs. Campbell inquired if fundin'g for TOPICS was cut off and whether 11th Avenue project was cut out. Traffic Engineer explained that local on-going pJ'iojects already approved are still budgeted and funded. After the approved on-going projects are completed, money for Eugene-Springfield projects will be combined and apportioned on a priority basis; that the 11th Avenue project will be completed under this program. Assistant Manager < ;; commented that $166,000.00 was budgeted for local matching funds for TOPICS, anti cipating 'Comm% funds from unused projects in the rest of the State which did not materialize. i:lI9'i"l'Z <, ': , " 1: " I! " ~ i Traffic Engineer explained that the purpose of this plan is to increase capacity and facilitate flow of Traffic throughout the area. Eugene has joined with Lane County and Springfield for funding under the Federal Highway Safety Act, and two projects are now underway with this fund- ing. He referred:~o specific portions of the plan and explained priority ratings on various projects. The L-COG Transportation Committee and a citizens advisory committee have also recommended adoption. Because of cutbacks in Federal spending future funqing will be shared jointly by Lane County, Springfield, and Eugene and projects authorized on a priority basis; those projects now underway will be completed under the present funding. :, I' " i; !I 11 Ii I Ii ! ~ Mrs. Beal said that since Council members have had the report only three days she doesn't feel they can be expected to make a decision on adoption of a plan of this magnitude without it'ime for thorough review and study. She was told that the plan has been under consideration by various agencies involved which accounts for the time elapsed since it was originally frowarded by Cornell, HOwland, Hayes & Merryfield. Further discussion revealed no specific deaillline for a decision on the plan, and it was understood it would be carried over to a later meeting. ORDINANCES Ii Ii :1 !: I Council Bill No. 9555 - Levying assessments submitted and read the first time by council bill being no councilman present requesting it be read proper notice of assessment to be given owners of time for consideration with no protests on file. ,<--.- ,) for storm sewer within Sheldon Parkside PUD,(71-=J.2)waSi number and title only on December 27, 1971, there 'I in full, and aeld over to this meeting to allow affected propErties, and are brought back at this e " ': Ii " 'I I' :1 Ii Ii I' I! ': " " ;, ,: Ii 'I :1 " II Ii " i' ,! .r 'I I' !i II I, :1 ii jl II \\ Ii .... Mr. Mohr moved seconded by Mrs. Beal that the council 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. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16364. Council Bill No. 9556 - Levying assessments for paving Monroe Street from 38th Avenue to south 800 feet (71-17), submitted and read the frrst time by council bill number and title only on December 27, 1971, there being no councilman present requesting it be read in full, held over to this meeting to allow proper notice of assessment to be given owners of affected properties, and brought back at this time for consideration with no written protest on file. I Mr. Mohr moved seconded by Mrs. Beal that the council 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. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16365. Counc~l Bill No. 9557 - Levying assessments for paving, sanitary and storm sewers within Fil Acres 1st Addition (71-21), submitted and read the first time by council bill number and title, only e 1/24/72 - 11 ""'11II e J'l I if il I on December 27, 1971, there being no councilman present requesting it be read in full, held over to this meeting to allow proper notice of assessment to be given owners of affected properties, and brought back at this time for consideration with no written protest on file. '[ Ii :i I ~ Mr. Mohr moved seconded by Mrs. :B=al that the council bill be read the second time by council bill number only , with unanimous consent of the Council, and that enact'ment be cons idered at this' time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and givenf~nal passage. Rollcall vote. All councilmen present voting aye, the bill was declared pa88ed,a~4 pumbered 16366. e Council Bill No. 9558 - Levying assessments for sanitary sewer in area between Spring Boulevard and Vine Maple Drive extended, and fram the end of Vine Maple Drive to 200 feet south (71-24), sub- mitted and read the first time by council bill number only.on December 27,1971, there being no councilman present requesting it be read in full, held over to this meeting to allow proper notice of assessment to be given owners of affected properties, and brought back at this time for consideration witn no written protest on file. Mr. Mohr moved seconded by ,Mrs. Beal that the council billpere,a:d 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. I Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16367,. Council Bill No. 9559 - Levying assessments for paving alley between Grant Street and Chambers Street from 11th Avenue to 12th Avenue (71-31), submitted and :read the first time by council bill number and title only on December 27, 1971, there being no counci~n present requesting it be read in full, held over to this meeting to allow proper notice of assessment to be given owners of affected' properties, and brought back at this time for consideration with no written protest on file. Mr. ,Mohr moved seconded by Mrs. Heal that the council 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 hill number only. Mr. Mohr moved seconded by M:rs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16368. Council Bill No. 9560 - Levying assessments for sanitary sewer between Bailey Lane and Willa- kenzie Road from Coburg Road to Hackamore Way (71-52), submitted and read the first time by council bill number and title only on December 27, 1971, there being no counci~n present requesting it be read in full, held over to this meeting to allow proper notice of assess:ment to be given owners of affected properties, and brogght back at this time for conside:ration with no written p:rotest on file. Mr. Mohr moved seconded by Mrs. Beal that the council 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. I Mr. Mohr moved seconded by M:rs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen p:resent voting aye, the bill was decla:red passed and numbered 16369. Council Bill No. 9573 - Amending Section 9.254 of the City Code re: Definition "Group Care Homes" was, ;submi tted and :read by council bill numbe:r and title only, there being no councilman p:resent re- questing it be read in full. e Mr. Mohr moved ,seconded by M:rs. Beal that the council 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. Moh:r moved seconded by Mrs. Heal that the council bill be approved and given final passage. Rollcall vote. All councilmen p:resent voting aye, the bill was declared passed and numbered 16370. _Council Bill No. 9574 -, Amending Section 9.378 of the City Code re: R-4 District Uses, was sub- mitted and' read by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by , rf's. Beal that the council 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. I Mr.' ,Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16371. Council Bill No. 9575 - Calling hearing February 28, 1972 re: Vacation of utility easement east of Hughes Street between Pattison and i'\:1ilalon, Pyle, was submitted arid :read by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by M:rs. Beal that the council 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 ca:rried unanimously and the bill was :read the second time by council bill number only. e .Mr. Mohr moved seconded by Mrs. Bealthat the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16372. .o1IIl ~ to e (i il i; r , I I' ,I Council Bill No. 9576 - Calling hearing February 28,1972 re: Vacation of ~ufton Street north of ;i :1 11th Avenue between Wallis Street and Bertelsen Road, Wingard, was submitted and read by council 'I number and title only, there being no councilman present requesting that it be read in full. I West bill Mr. 'Mohr moved seconded by Mrs. Beal that the bill be read the second time by council wi th unanimous consent of the Council, and that enactment be considered at this' time. unanimously and the bill was read the secorid time by council bill number only. bill number only,.' -Motion carried Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16373., Council Bill No. 9577 - Calling hearing February 28, 1972 re: Vacation of portion of Dillard Road at Snell Street, Parks, was submitted and read the first time by council bill number and title only, where being no councilman present requesting that it be read in filill. Mr. -Mohr moved seconded by Mrs. Beal 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. e Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16374. Council Bill No. 9578 - Calling hearing February 28, 1972 re: Vacation of easement on Lot 11, Block 4, 1st Addition to Cow Palace (Jeppeson Acres Road west of Norkenzie Road), Barker, was sub- mi tted and read the first time by council bill number and title only, there being no councilman present.: requesting that it be read in full. I Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council with unanimous consent of the Council, and that enactment be considered at this time. unanimously and the bill was read the second time by council bill numaer only. bill number only, ,; Motion carried Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final pass,age. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16375. Council Bill No. 9579 - Calling hearing February 28,1972 re: Vacation of easement near Hawthorne Street between Fairfield Street and Baxter Street, excluding the south 25 feet, Sorgenfri, was sub- mitted and read the first time by council bill number and title only, there being no councifuman present requesting that it be read in full. Mr.Mohr moved seconded by Mrs. Beal 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 ti'me. Motion carried unanimously and the bill was read the second time by council bill number only. It Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rol~call vote. All councilmen present voting aye, the bill was declared passed and numbered 16376. . Council Bill No. 9580 '- Calling hearing February 28, 1972 re: Vacation of easements on Lots 13 and 18, Pine Ridge Estates north of Mahalo Drive, Dills, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. I Mr. Mohr moved seconded by Mrs. Beal 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 :1 unanimously and the bill was read the second time by council bill numberonly. '! i! -I, Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. I ~ I: All.councilmen present voting aye, the bill was declared passed and numbered 16377. " , e Council Bill No. 9581 - Amending Section 9.050 of the City Code re: Plat Check Fees, was sub- i: mitted and read the first time by council bill number and title only, there being no councilman I, present requesting that it be read in full. I: I; I: , II " " q II d Ii ii 'i il il ii : ~ I; ,: :t Ii ii i: q " i II ., Mr. ,Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only,:i 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. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All ,councilmen present voting aye, the bill was declared passed and numbered 16378. Manager said the purpose of the ordinance is to bring plan checking fees for plats to correspond wi th schedule provided by new state law. Staff feels increase in charges is justified. Comm 1/19/72 I Council Bill No. 9582 - Paving Centennial Boulevard from Centennila Loop West to 300 feet east of Centennial Loop East, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read, in full. Mr. Mohr moved seconded by Mrs. Beal 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. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All counci1rDen present voting aye, the bLll' was declared passed and numbered 16379. e ~ ~ e 2/ I f '1'1 1 i, Council Bill No. 9583 - Adopting plans and specifications for paving Centennial Boulevard from ;, I, Centennial Loop West to 300 feet east mf Centennial Loop East, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal 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. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16380. Council Bill No. 95~4 - Construction of storm sewer on Centennial Boulevard from Centennial Loop West to 300 feet east of Centennial Loop East, was submitted and read the first time by council bill number and title only, there being no councilmen present requesting that it be read in full. e Mr. Mohr moved seconded by Mrs. Beal 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. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16381. I Council Bill No. 9585 - Adopting plans and specificatiom for construction of storm sewer on Centennial Boulevard from Centennial Loop West to 300 feet east of Centennial Loop East, was submitted and read the first time by council bill number and title only, there being no councilman present re- questing that it be read in full. Mr. Mohr moved seconded by Mrs. Beal 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~ carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16382 Council Bill No. 9586 - Construction of sidewalk on Centennial Boulevard fD~m Centennial Loop West to 300 feet east of Centennial Loop East, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal 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. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16383. RESOLUTIQN& I Resolution No. 2002 - Authorizing abatement 431 East 3rd Avenue (Shirley, Universal Developers) was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2003 - Authorizing abatement 631 West 11th (Skillern-Mansell), was submitted. e Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2004 - Authorizing revocable permit for nightwatchman mobile home at 460 North Danebo Road (Danebo Parts & Equipment), was submitted. Mr. Mohr movea seconded by Mrs. Beal to adopt the resolution. voting aye, motion carried. Rollcall vote. All councilmen present k Resolution No. 2005 - Authorizing application to Department of Housing and Urban Development for conversion of Raup property to uses other than open space, and exchange of portion of Brown property therefor, was submitted. 'Mr. MOhr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. All councilmen present voting aye, motion carried. I Resolution No. 2006 - Authorizing payment of bills and claims for period January 10,1972 to January 24, 1972, was submitted. Mr. McDonald questioned a $4,900.00 expenditure for survey eqUipment in the Public Works Department and the Director explained that it was for electronic equipment used in all of the department's property surveys and construction work. e Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. All councilmen present voting aye, motion carried. ~ ,...... I''''''' , ~1 e F il Ii !, Bicycle Safety Report and Film - Manager said Ruth Bascom, chairman of the Bicycle Study Com- mittee, asked for time to show a film produced by theCommi ttee, and that it was scheduled for the noon meeting January 26, 1972.', He also announced a tour is scheduled by the Budget Committee at 11:00 a.m. on that day. Mrs. Campbell suggested the Budget Committee be invited to stay for the I' committee meeting to hear the Bicycle Committee I s report because of the expected request for about $214,000.00 for bicycle routes in the City. 1 Upon motion duly made, seconded, and carried, the meeting was adjourned. e I I. e .... I e '1, .... 1-?--1../-7y