HomeMy WebLinkAbout02/14/1972 Meeting (2)
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Council Chamber
Eugene, Oregon
February 14, 1972
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 February 14, 1972 in the Council Chamber with the following
councilmen present: Mr. Mohr, Mrs. Beal, Messrs, Teague, McDonald, and Hershner, and Mrs.Campbell.
Councilmen Gribskov and Williams were absent.
Resignation, Gribskov - Mayor Anderson read a letter from Ivan Gribskov, councilman from
Ward III, announcing his resignation from the Council effective immediately.
Mr. Mohr moved seconded by Mrs. Beal to accept the resignation with regret.
Mayor Anderson expressed appreciation for Mr. Gribskov's faithful and loyal work as a councilman,
saying his services will be missed.
A vote was taken on the motion, and motion carried, all cOl.U1ci1menpresent voting aye.
Councilman Mohr said that in accordance with Council bylaws the Manager should be requested to estab-
lish a time for an executive session of the COl.U1cil for discussion of procedure to be followed in
selecting a new Council member. It was agreed an executive session would be held at 11:00 a.m. on
Wednesday, February 16, 1972, in the Mayor's conference room. Further dis cussion established the
office is open to any registered voter living in Ward III.
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I - Public Hearings
A. 10th and Oak Overpark Deficit Assessment
COl.U1cil Bill No. 9561 - Declaring Deficit Assessment for 10th and Oak Overpark, declaring
emergency, and setting public hearing for February 14, 1972, submitted and read the first
time by cOl.U1cil bill number and title only on January 10, 1972, held over to this date to
allow proper notice of assessment to be given owners of affected properties, .and brought
back for consideration at this time.
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Manager explained that a portion of the deficit assessment include in C.B.956l was the
result of COl.U1cil decision at the time of original assessment that the Fred Fisk prop-
erty qualified for exemption. That assessment (some $86,000.00) was removed from the
original assessment with the intent of including it in the deficit assessment when a
corrected ordinance was presented. Subsequent litigation indicated that the process of
cancelling that assessment was improper. Because notification of the deficit assessment
to property owners did not clearly state that that portion is a reassessment rather than
a deficit, the City Attorney recommended no action be taken at this time on the ordinance
before the Council, but that the ordinance be corrected and carried over two weeks to
allow further rearing before final action is taken.
Manager also explained that the original assessment was based on an estimated cost for
the parking structure rather than awaiting completion of the project, since it was felt.
best to have the assessment procedure clarified and proven before buying the land and
constructing. Subsequent litigation causing delay of the project adding to construction
costs, and additional costs because of negotiated settlements with the contractor, plus
the reassessment of the Fisk property. resulted in the total deficit assessment of
$555,508.78 covered by this ordinance. The first portion of the ordinance was read to
ensure clear understanding of the COl.U1cil's part in the procedure, and for those people
in attendatlce.
Manager said the portion of the parking structure used for commercial' purposes was not
assessed. that in order to finance that portion (grol.U1d floor area) the City segregated
those costs and put that area up for bid on a lease basis. The bid was awarded to Nils
Hult who advanced $250.000.00 in cash and later $100,000.00 to pay for that ground floor
level. This resulted in a net assessed cost of $2,47.0,000.00.
He further explained that this information went to the owners of properties assessed to-
gether with a projection of net income which the facility is earning. The ordinance
. creating the district provided that net income, after operating costs and bond principal
and interest payments as they become due have been paid, will be credited against the
assessment billings sent to property owners. Net income projected to 1991-92 is esti-
mated to be sufficient to relieve principal payments of owners of benefitted properties.
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Letters of protest were read received from Bennett-Knox properties, Rubensteins. and
Eugene Medical Center. The Bennett-Knox protest was that the use of their property has
changed since the district was formed, the entire property is now used for parking.
Manager said that under the original ordinance, the sale tif bonds created a lien against
the property and there is no way to relieve 'the assessment if the use is changed. Whe-
ther this correction of the original assessment would PI' would not apply to this protest
nee~ research.
The Eugene Medical Center obje'cted to the method of proposed assessment. They feel the
entire City should bear the deficit assessment. Manager said methods of providing off.-
street parking in the downtoWII area are being considered whereby C<;lsts would be borne
by all of the downtown area properties. Any such program, if fair, will have to pro-
vide some way of relieving the costs to property owners assessed for the 10th and Oak
st%'Ucture.
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Also in response to the Medical Center letter, Manager said the Overpark is not provid-
ing free parking, since net receipts are credited against the assessment payments.
In response to the Belson Corporation (Rubenstein) protest, Manager said it is probably
true that the lien on properties in the district has a dampening effect on the resale
valup; however, it is also true that net return from the facility will eventually re-
imburse property owners for the entire principal and a portion of the interest, and the
assessment should not be a burden over a long period of time in the same sense as
sewers, sidewalks. street improvements. The original formula was set up after public
hearings and supported by downtown property owners who were aware at that time there
would be a deficit assessment.
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Councilman Mohr asked if the ordinance before the Council is for consideration of the
one adjustment due to reassessment on the Fisk property or whether adjustments to
assessments throughout the entire district are being considered. Manager explained
that it is one adjustment as a result of decision after the original assessment ordinance
was passed. An assessment erroneously made reduced the total assessment adopted. That
assessment formula was challenged on the basis that that method of _amendiqg the original
ordinance was inadequate and was h~ld invalid in the courts. This ordinance attempts to
correct the process and keep faith with Council's decision made at that time with prop-
erty owners' understanding that there would be a final corrected ordinance. Other assess-
ments made in the original ordinance are not now subject to challenge because bonds have
been sold and lien placed on the properties as security for those bonds.
Mr. Mohr asked if that is specifically stated in this ordinance. Les Swanson, City At-
torney's office, said it is not specifically stated but follows as a matter of law;
the original assessment is not subject to change.
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Mr. Mohr asked if the Council should consider protests to other assessments than those
which are the subject of this hearing. Manager said the deficit assessment only is
the subject of this hearing, and that deficit assessment is distributed on the same
formula as the original assessment. He said protests on costs assessed to that one
parcel (Fisk property) would be appropriate.
Mr. Mohr moved seconded by Mrs. Beal that Council Bill No. 9561 be replaced with Council Bill No.
~ - Declaring Deficit Assessment for 10th and Oak Overpark, declaring emergency, sett~ng hear-
ing date, and including the reassessment of the Fisk property. Motion carried unanimously.
Mr. Mohr moved seconded by Mrs. Beal that Council Bill No. 9581 be held and hearing continued to
February 28, 1972 Council meeting.
Clif Culp, 3615 Spring Boulevard, protested on behalf of his wife the assessment of
$11,930.00 against property at 976 Willamette Street (Newberry building) and the method
of financing the Overpark. He said he feels the assessment although legal is unjust;
that a few property owners should not pay for a structure owned by the City; that per-
haps the money eventually would be reimbursed but to his heirs if no additional assess-
ments are made and if the structure does pay for itself. He commented on additional
parking spaces created downtown by the Renewal Agency which, he said, are in direct
competition to the Overpark; and that revenues from off-street meters go into the general
fund whereas that does not apply to the parking structure. He feels the assessment
amounts to a double assessment for those who through taxes are paying for Renewal Agency
lots, and questioned its legality if carried to the Supreme Court. He questioned the
principle of creating a district assessing a few propety owners then selling bonds to
be paid over the entire City for other structures. He compared assessed values in the
downtown area before and after the renewal project and mentioned the sale of property
and reduction of square footage price in the parcel intended for the Broadway store,
saying the price was reduced to include the parking structure assessment. He proposed
the entire assessment be cancelled, or the sum reduced to $1.00, and monies paid on the
entire cost be refunded to property owners, and the costs of the structure levied against
the entire City.
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Manager said that on-street parking meter revenues and revenues from meters on ground-
level off-street lots go into the general fund after net operating cost of those lots
and enforcement of on-street meters subtracted. Revenues derived from parking in the
structure go toward the cost of that structure. He said of the 73 parcels being reassessed.
13 are owned by the Renewal Agency. There is no indication of what effect the assessment
haS had on the sale price.s of those properties; he said he does not believe the property
owners were aware of any renewal project at the time the parking structure was decided upon.
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Councilman Mohr suggested that it would be helpful to have for the February 28. 1972
Council meeting a statement from the Renewal Agency of the relationship between the City
and the Agency and the Agency's role in th,e assessment district, and the Director avail-
able to answer questions.
A vote was taken on the motion to continue the hearing to February 28, 1972, and
motion carriedurianimous~y.
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B. Street and Easement Vacations
1. Utility Easement Block 5', 1st Addition to Pine Ridge Park
2. Portion of tmnamed street between Willamette Street and Donald Street south of
Coachman Drive (See Council Bills 9582 and 9583 on page 13).
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C. Code Amendment, EWEB Directors' Terms
At the time the new Code was drafted terms of EWEB directors were contempl~ted at
six years, but decision was made to reduce the terms to four years. As a result,
terms of encumbent directors would be shorter than the term for which they were
elected. Copies of a Code amendment were previously distributed to Council mem-
bers which would correct that situation and allow present Boa~d members to serve
out thei r (> 10~f'(", ter.:"':lS'.,
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Mrs. Beal .:.:.;,pxc;saed concern ~hat the a::/EndlOOnt t'!()uld permi t present directors to
serve more than the term for whi ch they were elected and more than the term set in
tIle nf!lf regulations, aJld that it is removing the power of the people to elect. She
CQ1{::Jer.cad on criticism .;:,r the Board wlien a member is appointed to fill an unexpired
two- or three-m:mth term in order to run as an encumbent when it is known a director
does not intend to run for re-electi on.
Considerable discussion followed between Council members, Mr. Tiffany, chairman of
EWEB, and the Manager in clarification of the amendment and its intent - not of
extending terms of present members, but to permit their serving for the t~rm elected.
Mr. Williams questioned having four directors from wards and one director elected at
l<U',;!p.,. whether the director-at-large has any significant privileges; he is concerned
because cost of running for the at-large seat would be different than for the other
four seats. Mr. Tiffany said the Board likes the ward situation since each director
has a smaller constituency and feels he can better represent the smaller area; he
granted the director holding the at-large position woUld encounter different problems,
but the Board has not discussed any change in that si tuation.
Mrs. Beal said a public hearing on the amendment under consideration would probably
be in order, and it was understood the amendment would come to the Council at its
February 14, 1972 meeting as an ordinance and in that sense will constitute a public
hearing.
Comm
2/9/72
Pub Rrng
Council Bill No. 9584 - Amending Code re: Terlll3 of EWEB Directo~ was subrni tted and read the
first time by council bill number and title only. there being no councilman present request-
J-ng it be read in full.
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.
Mr. Faye Bennett urged passage of the amendment citing the experience of the Board
and its reputation for efficient operation, and allowing the present members to serve.
out the terms for which they were elected.
Mrs. Marian Frank, League of Women Voters, read a statement recommending that vacan-
cies on the Eugene Water & Electric Board be filled by Council appointmen~._
Upon question from Councilmen Teague and HerShner. Manager said the ~ndment will allow
present members to continue for the terms for which they were elected. He said that
prior to adoption of the new Code menbers were elected for five-year terms but actually
served six or until the time of the next election. The amendment changes the terms to
four years. but allows the encumbents whose terms wolilld expire before the term for which
they were elected (Tiffany and Freeman) to continue for the full term. After that time
all members electEid will serve four years.
Councilman Mohr said that these two members. Tiffany and Freeman. without the adoption
of the amendment, would have to stand for re-election before their terms for which they
were originally elected were ended.
Mrs. Campbell. moved seconded by Mrs. Beal to amend Council Bill No. 9584 by changing the word
"Board" in Paragraph 5 to "City Council."
Mayor Anderson explained that the amendment would change the ordinance to read that the
City Council may fill vacancies on EWEB; it now reads that the Board itself may fi~ ",
such vacancies.
Hr. Bennett questioned meaning of the amen,dment and Mayor Anderson again explained. upon
which Hr. Bennett commented that if the Board is going tO,run its own affairs the Board
shoUld have the authority to fill its own vacancies. He said its just as consistent to
say vacancies on the Council should be filltsd by Board members.
Trygve Vik. 1675 Firland Boulevard, commented that the amendment would make ~. major and
far-reaching change, and that if it is to be acted upon at this time he would request
postponement of final action and referral to the Water Board,.
Dave VanFossen, 1910 Woodlawn, asked 'for Charter research before action is taken. He
said he doesn't believe the Counci~ has the right to amend in this fashion, since he be-
lieyes the Charter stipulates how Board vacancies' are to be filled.
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2/14/72 ~ 3
Manager said he thought the Council would have this authority but it might be wise to
hold the ordinance to give an opportunity to research this question.
Councilman McDonald questioned the propriety of the Council's filling vacancies on the
Board when Board members are initially elected by the people.
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Councilman Hershner concurred saying that he couldn't see how appointment of Board mem-
bers by the Council would make the Board more broad based inasmuch as members of the
Board are also elected by, the people.
Mrs. Campbell said she had many calls from constituents suggesting consideration be-
cause it is felt the Board has been self-perpetuating. She said she understood all
five encumbents were appointed and that appointment by the Council would probably give
a broader base for people chosen to serve on the Board, 'and in a way would prevent a
self-perpetuating body.
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Councilman Teague said he would like to see the council bill tabled or held to give
an opportunity to determine the legality of Council appointment.
David Gooley of 86 Patterson Street said he felt it very important that every City
agency be under the guidance and control of the City Council; that Board actions have
a tremendous effect on the City and the Council should direct the City in a co-ordinated
fashion so that they can plan adequately for the future.
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Wes Morgan, 2101 Monroe Street, commented on the low rates and efficient service main-
tained by the Water Board and said it had been free of political influence. He said
Board members have been stable, secure people not accountable to outside pressure. He
objected strongly to appointment by the City Council saying the Board should be kept
above politi cs.
Mr. Vik said the procedure followed by the Board in filli~vacancies is the same as
that followed by the Council in filling its. vacancies.
Mr. VanFossen remarked that the Water Board is the only department of the City which
is making money and asked that there be no interference with its operation.
A vote was taken on the amendment to change the word "Board" to "City Council". Motion was de-
feated - Mrs. Beal and Mrs. Campbell voting aye; Messrs. Mohr, Teague, McDonald, and Hershner
voting no.
A vote was taken on the motion to read the council bill the second time by council bill number
only os with unanimous consent of the Council. Failing unanimous consent, Mrs. Beal voting no,
the bill was held for second reading at the February 28, 1972 Council meeting.
Mr. Williams asked if Mayor Anderson has indicated a choice, and Manager replied the
Mayor suggested Councilman Hershner; he is the Council's representative on the Metro-
politan Study Commission and since it is an equivalent task, the two would tie together.
Mrs. Beal said she feels he is too busy,with other activities to give the added time
and asked that the appointment be held' until he is consulted. It was understood the
item would be held for further discussion.
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II - Appointments
L-COG Alternate Delegate - The Council was asked to appoint one of its members as alter-
nate representative of the City to L-COG meetings when Mayor Anderson is unc~ble to
attend. Mrs. Beal suggested Mrs. Campbell, since she has time and interest and has
been attending those meetings.
Comm
2/9/72
Mrs. Frank LaCl}, 1976 University Street, appointed to Library Board for
four-glJar term ending January 1, 1976, replacing Mrs. Ralph Carlson.
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Mrs. Beal asked Councilman Hershner if he felt he had enough time to attend the meetings.
Mr. Hershner said he could. Mr. McDonald asked for confirmation that the position being con-
sidered is for the alternate representative.
Mr. Mohr moved seconded by Mrs. Beal to appoint Councilman Hershner as the City's alternate
representati ve to L-COG. Motion carried unanimously.
II - Items discussed at Committee meetings on January 26, February 2, and February 9, 1972 and
to be acted upon ~ith one motion. Minutes of those meetings appear below in italics~
A. Appotntments - Mayor Anderson announced the fopowing aPP9intments and reappointments:
LOuis F. Bonson, designer, 390 West 23rd Avenue, reappointed to Building and
Housing Baard of ApPeals for five-:year term ending January 1, 1977.
. A. W. Kreig, 3252 Onyx Street, reappointed to Zoning Board Q.f Appeals, ,for,
, .five-gear term ending January 1, 1977.
Mr. Mohr moved seconded bg Mr. GrJ.bskov to confi rm the appoin tments. Mati on carri ad. '
Co"."
1/26/72
Approve
B. Amendment Ci ty Code, Licensing Commercial Soli ci tors - Manager explained firms and
corporations having sales forces of fi ve or, six people have been 9.perati~g. unde,r
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2/14/72 - 4
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one solicitors license. To prevent this practice, it is recommended the wording of
the charitable solicitations ordinance be changed to read "individual" instead of
"person." (See C.B .9585 on page 13.)
C. Designate one-way, alley between 11 th and 12th, Lawrence to Washington - It is X'eGom-
mended that the alley between 11th and 12th Avenues be designated one-way westbound
from Lawrence Street to Washington Street to improve traffic movement behind the
State Employment Office.
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Mr. Mohr moved seconded by Mrs. Beal to authori ze desi gnati on of that alley as one-
way westbound. Motion carried.
D. Liquor License, PB (package Store Class B) for Duke's Market, 430 Gilbert Street _
Ebert L. and Carol Griesel, new owners. Release of the application was requested
prior to the regular Council meeting February 14, 1972 to allow time for submittal
to the next scheduled Liquor COmnUssion meeting.
Mr. Mohr moved seconded by Mr. WilliaJTS to recommend approval of the application
and that it be released prior to the regular Council meeting. Motion carried.
E. TOPICS Plan - Recommended for adoption by the Rlanning COmnUssion. Gist of the
traffic safety program with report from CH2M was covered by the Traffic Engineer
at the January 24,1972 Council meeting. (See Resolution 2009 page 14.)
Mr. Williams moved seconded by Mrs. Beal to place the TOPICS Plan on the February 14,
1972 consent calendar for approval. Motion carried.
F. Appeal, International King's Table - Copies of the Sign Code Board of Appeals
minutes were previously distributed to Council members covering the Board's denial
of a request from International King's Table at 25 Silver Lane for permission to use
flags and banners of free nations as part of its external decor. International
King's Table has appealed the decision to the Council, and staff suggested a public
hearing on the issue.
Mrs. Beal lIDved seconded by Mr. Williams to hold a hearing on this appeal. Motion
carried.
Councilman Williams said his second of the motion was only wi th the understanding
that he would not vote or in any other way be involved in the decision on the ap-
peal because of conflict of interest; that his second was only for the purpose of
bringing the item to the Council for consideration.
G. Water Service to Areas Outside City Limits - Manager eaplained that EWEB has re-
sponded to the Council's concern wi th regard to extension of Ci ty services to areas
outside the City limits by setting up a procedure whereby an application for water
service outside the City or outside a water district is referred to the County, the
Ci ty, the Boundary Commission, and the Lane Council of Governments before it is con-
sidered by the Water Board. In the case or Eugene, oommants are taken from the Plan-
niqg and Public Works Departments and forwarded to EWEB. Since this is a policy
matter, a summary of the basis on which comments have been made and on which they
will be made in the future is submitted for the Council's consideration.
Approval will be granted if (1) the property lies within the 1990 Plan proposed
urban service boundary and can legally be annexed to the City, and the owner has
initiated annexation procedures; or (2) the property is located in the proposed urban
service boundary in a location which should obviously be within the City but is not
contiguous and the owner signs a consent to annexation agreement to be exercised when
annexation becomes legally possible; or (3) there is an existing health hazazd to
existing occupants of the property which can only be cured by securing city water
(this does not permi t extension of ci ty water to new construction).
Manager said adoption of these guidelines in making recommendations to EWEB would
save having Council consideration of each individual. application for service to
areas outside the Ci ty .
John Tiffany, president of EWEB, said the Board is pleased the City is considering
adoption of the policy and that Lane County has a similar poliCIJ; that adoption would
place the responsibility for extension of services in its rightful place.
Mr. Mohr said adoption of the policy is' PZ't?bably final clarification of relationship
between EWEB and the Council as the result of a series of meetings of the two bodies.
He asked about the obligations of the City and EWEB in correcting health hazards re-
SUlting from pblluted water supplies..' Mana~er said the County Health Department maJces
a recommendation if request for water service is because of arsenic in wells, and
service is aupplied with the cle~r understanding no new installations will take ad
vantage of the service. There is no legal obligation to correct this or other kinds
of pollution by extension of water lines.
Mr. Williams asked jr this policy will give adequate grounds for amnection of new
installations after a li.ne is put in. Manage,r sai.d that potentiu ror additional
requests should be recognized at the time a line is requested.
Comm
1/26/72
Approve
Conun
1/26/72
Approve
Comm
2/2/72
Approve .
Comm
2/9/72
Approve
Comm
2/9/72
Approve
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2/14/12 - 5
Mrs. Beal asked if there are any limitations imposed by the County, similar to those
for sani tation requiring that new construction have a good water supply. Weddy Ray,
KERG, said a permit is required from the County Health Department. The Public Works
Director said the County maintains the same control on water supplies as on sewage
hazards.
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Mr. Williams asked if in those cases where water service is extended because of arsenic
problems and other people build in the area on two- or three-acre sites where it is de-
cided there will never be a need for sewers the position would be not to extend water
to those other si tes. Manager said the potential should be recogni zed at the time of
the original request; that what may start as two- and three-acre sites might be sub-
divided into quarter-acre sites thereby creating a health hazard.
Mr. Williams 1lK)ved seconded by Mrs. Beal to adopt the cri teria as presented as the
City's policy in making recommendations to EWEB on extension of water services to
areas outside the Ci ty limi ts..
Mr. Tiffany further explained that the County carefully scrutinizes each application
for water service and said that in each instance it is the responsibility of the owner of
property with a health hazard and at his sole expense to obtain potable water; too, an
owner obtaining service cannot sell the water to others, and a permit must be obtained
from the County Building and Sanitation Department before a well system can be connected
to EWEB lines.
The lOOtion was voted on as stated, and 1lK)tion carried.
Corom
2/9/72
Approve
H. EWEB Land Transactions - EWEB requested Council approval of the follCMing conveyances:
1. Dedication of a portion of transmission line easement to the city of Spring-
field for 11th Street right-of-way.
2. Providing an easement to Northwest Natural Gas Co. across EWEB land, Lot 3,
Block 1, Beaver Addition.
3. Boundary line adjustment with Arthur G. Ingham propaty on Paragon Road which
is a c'Jrrection of boundary lines resulting from a new survey of an EWEB sub-
rtat~on SJtA.
4. }<elea..;~:' ,')".; . ,~\ ',us ease11l€-i::':: ac::oss ;?r:..'\.ate property at 24tl1 and Adams.
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Staff recommended adoption of the necess~ry resolutions authorizing the transactions;
they have been reviewed and no interest of the City is affected.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolutions. Motion carried.
(See Resol utions 2010, 2011, 2012, 2013 page 14.)
Corom
2/9/72
Approve
I. Oregon International Sculpture Symposium, 1974 - Copies of a letter signed by Jan
Zach, sculptor; Paul Beistel, Lane Parks and Recreation; Richard Paul, acting di-
rector of University of Oregon Museum of Art; and Terry Melton, Oregon Arts Commis-
sion, were previously distributed to Council members. The letter requested official
appointment of Mrs. E. Charles Pressman to represent the city of Eugene on the Execu-
tive Committee for the Symposium, and official endorsement of the Symposium by the
city of Eugene. It is expected the Symposium will bring internationally recognized
sculptors to the City. Manager said endorsement includes the obligation to provide
sites for placement of one or more finished sculptures but that no budgetary items
will be allowed unless approved by the Council.
Mr. Mohr said it is his recollection the Symposium is being support thro!1gh alloca-
tion from the room tax revenues.
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Mr. Williams moved seconded by Mrs. Beal to appoint Mrs. Pressman as Eugene's repre-
sentative on the Symposium's Executive Committee, and endorse the Symposium with the
understanding the Ci ty does not guarantee financial contributions wi thout further
discussion by the Council. Motion carried.
Corom
2/9/72
Approve
J. DeJung Subdivision, Floral Hill Drive - As a condition of approval of minor subdivi-
sion of property off Floral Hill Drive near Bristol Avenue requested by John DeJung,
1988 Sylvan Drive, authorization is requested to enter into a contract with Mr.
DeJung requiring dedication of a 20-foot street right-Of-way to serve both properties
at such time as the City will require the right-oE-way. Mr. DeJung is agreeable to
the dedi cation.
Mr. Williams 1lK)ved seconded by Mrs. Beal to authorize the contract. Motion carried.
Corom
2/9/72
Approve
K. RMBC Liquor License, The Keg, 4711 West l'lth Avenue - Change of ownership, formerly
William G. Ross and Gary C. Jastad; new oWners Stanley V. and Arlene D. Kielty and
George Tway., Approved by Police Departmen~. Release is request prior to the
Council meeting February 14, 1972 in order for application to be taken to Liquor
commission meeting on February 16.
Mrs. Beal moved seconded by Mr. Williams to recommend approval of the license and
release it before the Council meeting. Motion carried.
Comm
2/9/72
Approve
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L. PB Liquor License I. 7-11 Food Stores - Submi tted bl} Woodard and Patricia Elder at
445 Coburg Road, lUld Robert and Marilyn Gates, Jr., at '1316 A.l'ier Street" both .wi th
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The Southland Corporation. Approved by the Police Department. It was understood
the applications would be placed on the February 14, 1972 Council agenda.
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M. Minutes of Council meeting held January 10, 1972 - as mailed to Council members
N. Film, "The Publi c Wi 11 " - Mrs. Campbell Iecom.msnded pUIchase of this film fOI use
by the Ci ty. Mr. Williams said it was his underst~ding the League of Oregon Ci ties
was interested in purchasing the film, or in persuculing the University of OIegon
Library to purchase it and make it available for use in the community. It was under-
stood contact would be made wi th LOC and the Library to deteImine if it would be
available through those agencies.
O. Condi tional Uses, R-4 Zones - Councilman Williams said there would appear to be a
severe conflict between heavy density residential uses and expansion of medical
facili ties in the area between Sacred Heart Hospi tal and downtown, and asked for
explanation of planning in that area.
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Planning Director distributed to Council members copies of a concept map showing
vario'ils physical problems in the area. The map was developed as the result of a
study by CH2M because numerous plans for development in the central area were not
all on one map. He said the bulk of R-4 zoning is in the Sacred Heart aIea with
some near Lane Towers west of Willamette, and that the Planning Commission has
generally accepted the CH2M concept fOI living aIeas, although additional study
is planned to analyze the impact of the Amazon and SkinneI Butte expressways. In
light of this, he said, the recent amendment to R-4 zoning allowing commercial uses
on street level with residential uses above should be considered a holding action
to prevent commercial uses not Ielated to that living area until a firm plan is de-
veloped. He said the Planning Commission feeling is that until it gets into the
detail of renewal planning - not necessarily demolition, but conservation, re-
habilitation, and spot clearance - it would be best to prohibit non-related com-
mercial use. Mr. Porter said if it is desired he would prepare a wIitten Ieport,
and Mr. Williams commented that such a report would be desirable in view of the
Council's probably being faced wi th the problem of a confli ct in uses between those
doctors' offices desired to be EJdjacent to the Hospital and the idea of high density
residential use in the sarna area.
P. City Representative, Lane County Community Action Agency - Mayor AndeIson announced
appointment of Councilman MohI to IepIesent the City on the Administering Board of
the Agency, saying Mr. Mohr had served before Md hCJS the knowledge to give great
assistance to the program.
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Q. Conflict-of-Interest Policy - Councilman Mohr €!Sked th.mt time be allotted on a
future agenda to allow discussion of the Ci tl} Us conzlict-of-interest policy. In
cmswer to the Manager's suggestion that it might be helpful to have staff work ac=-
complished before it is brought to the Council, P-1r. i-lohr said he had gathered material
on the subject, inCluding model stCltemants, legisl€Jtion, etc., which would be dis-
tributed to Council members. Councilman McDonald suggested it might be an appropriate
i tern for discussion at the Council's proposed self-study session, but the Mayor said
since it would need formal Council actiOl'l, open discussion would be more suitable.
R. Flood Plain Insurance - Copies of a memorandum from the Public Works DepaItment were
distributed wi th the agenda wi th IegaId to Eugene's becoming eli gible for. flood plain
insurance under a Federal program. In ordeI to beoome eligible, a resolution author-
izing the City's participation would haVe to be adopted and submitted to the Depart-
ment of Housing and urban Development wi th a copy of the Ci ty' s zoning ordinance re-
lating to flood districts, and a City map, after which HUD with the Corps of Engineers
would establish flood areas and then insurance would become available for residences
and small business structures at a subsidized rate. Public Works Director explained
in answer to Mrs. Beal's question with regard to the subsidy that it would provide
insurance to the property owners for 40C per $100.00 face value, with the Federal
government paying the balance of the premi WD.
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Mr. Williams expressed concern about the impact of the program on staff time if
adopted. Public Works Director replied it would entail only another item on a check
list used in issuing building permits, and then only for those who want the insurance.
There are very few areas now within the City which would be below a flood plain level/
annexations would probably pick up any areas of significance such as River Road and
Glenwood areas. He said one fringe bensfi t in adoption of the program would be that
present City residents could apply for subsidized insurance ,if they desire to cover
properties having a potential hazard ~f' mud slides or seepage on which insurance
premiums are so' high. 'l'he burden of , meeting Federal .requirements for acquiring the
insurance would fall upon the parson who wants it; it would not be mandatory under
the program.
Assistant Manager further explained the flood lUUlelrd zones would be designated by
setting elevations below which a home cannot be constructed and probably imposing
upon the developer the responsibili ty of satisfying the Ci ty. that he has constructed.
accordingly, rather than using 01 ty crews andsuzvsgors I' so there would be no material
change in the Ci ty , s workload.
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2/9/72
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, Affirm
Comrn
1/26/72
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2/14172 - 7
Further discussion on Corps of Engineers 100-year flood level and designation of areas
which would be covered resulted in the understanding that adoption of the resolution
would be desirable in order to start the process and that if at' stages of final ac-
ceptance it appears City residents will have to bear additional expense the program
:-311 be cancelled. (See Resolution 2014 page 14.)
Comm
2/9/72
Affirm
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S. No Srroking, Please - Councilman Mohr raised the question of prohibiting srroking in
the Council Chamber. He said poor ventilation causes srroke from the back of the
room to settle in the front. Mr. Williams said he had been approached about this
as an air pollution issue, and that he feels if prohibition is discussed, it should
be on a broader base - such as any public congregation in the City of ten or rrore
people.
Comm
1/26/72
File
Councilman Mohr asked that this item be segregated for further discussion. He said he felt the
nwnber of non-smokers attending public meetings in the Council Chamber was large enough that it
might be well to consider establishing a no-smoking area in the Chamber or ban smoking alto-
gether either by posting signs or the Chairman I s using his prerogative to announce no smoking
would be allowed.
Trygve ViI< favored the suggestion. He said it would very ably demonstrate the Council's fight
against air pollution. He said from medical information gathered it appears any smoke polluted
air inhaled does damage to one's health and requested that smoking be banned in any meeting over
which Council has jurisdiction.
Councilman Hershner asked to what degree the suggestion was to be carried, just this Chanber or
all public meetings in the City. Councilman Mohr said his intention was to ban for Council
meetings, and that other agencies could establish their own rules.
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Councilman McDonald said if smoking is prohibited then why not prohibit fireplaces in the City.
He suggested installation of exhaust fans.
Mayor Anderson said there appear to be three alternatives - first, to take no action; second-
ban smoking; and third - provide a section for smokers. He suggested a trial period of 90 or
120 days to give the staff an opportunity to investigate methods of carrying out the directive
and allow possible review.
Mrs. Campbell said at a recent meeting the Chairman took a vote and let two-thirds of the
people present decide whether they wanted smoking; and that she feels the Council should be
concerned only with Council meetings.
Mr. Mohr moved seconded by Mrs. Beal that the Council adopt a policy of "no smoking"
at regular City Council meetings within the Council Chamber.
Councilman McDonald reiterated his feeling that the next step would be to eliminate fireplaces
in the City.
T. Highway 126 Environmental Impact Study Commi ttee - Mayor Anderson informed the Council
he was awaiting word from the State Highway Department with regard to their planning
before appointing this committee.
Comm
1/26/72
File
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A vote was taken on the motion, and motion carried, all councilmen present voting
aye, except Mr. McDonald voting no.
U. Bicycle Study Conunittee Report - Ruth Bascom (Mrs. John U.), chairman of the Bicycle
Study Commi ttee, showed a series of slides depicting problems encountered by bicycle
riders in the City. She said as the result of a survey taken by Ernie Drapela of the
Parks Department and the concern of the Council with regard to bicycle use, the Co~
mi ttee was appointed to make recommendations on how to cope wi th problems resulting
from bicycle/automobile traffic conflict. She presented Council mezriJers with copies
of a proposed bicycle code for the Eugene-Springfield area and a priority list of
operating and capital expenditures for bicycle/auto traffic separation compiled by
the Committee, and a surve'y of the bicycle support system in Davis, California. A
written report from the committee will be mailed to Council mezriJers for consideration
prior to the February 28, 1972 Council meeting, at which time the report and recom-
mendations will be discussed and a film shown.
Mrs. Bascom pointed out on a map various bicycle routes proposed, including the
State's on the north bank of the Willamette River. The Manager explained that al-
though several questions are yet to be resolved, the path will be constructed.
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Mrs. Campbell said she felt any plans of ~e State Highway Commissi~ for im,prove- ,
ments in the lOcal area should be funneled through L-COG and asked if the ,Council
could assist in bringing this procedure about. Manager said it had been suggested
to State representiJtives to co-ordinate their planning with the Transportation Plan-
ning Conmdttee of L-COG.
Traffic Engineer explained details of proposed operating and capital expenditures sQb-
mitted by the Bicycle committee. He also commented on ,general traffic oonditi,ong
on 15th Avenue which is the street proposed for a through east/west bicycle route,
including construction of a path through the Fairgrounds property.
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Mrs. Campbell suggested the use of sidewalk curb ramps, as shown in the slides pre-
sented by the Bicycle Committee, permitting easy access for use of sidewalks as
bicycle paths. Poor drainage because of such ramps, pedestrian conflict, and
speeds of present-day bicycles were pointed out as problems which would be en-
countered in the general use of siderJalks for bicycle travel.
Mrs. Beal suggested designation of one street for bicycle use only, with bicycles
stopping at cross streets for auto traffic.
Councilman Teague questioned whether there wOrlld be a conflict in the Fairgrounds
area between bicycle use and horseback riding. Traffic Engineer said he had dis-
cussed the possibility of a bike route with the Fairgrovnds manager, and there seems
to be no problem.
Ernie Drapela, Parks Department, oommanted on plans of that department in preparing
for heavy bicycle traffic based on statistics showing eutraordinary increases in
expenditures on bicycles and related items in the past year. He said the Skinners
Butte extension of the Willamette south bank bike path would be complete this summer.
.
Some discussion followed wi th regard to the number of bikes stolen and recent pro-
vision of the assistant property officer in the Police Department to work with the
Bicycle Committee and on bike controls. Mrs. BeOll asked if State legislation requir-
ing licensing of bikes would curtail bicycle theifts, and Mrs. Bascom replied that
she felt adoption of a Eugene Bicycle Code would be a step in that direction. Corom
1/26/72
Mayor Anderson expressed appreciation to the Committee Eor its effort and presentation. File
V. Resignation, Lon Mills, Personnel Director - ManllJger annovnced acceptance by Lon
Mills, Ci ty personnel officer, of posi tion OlS director of Local Government Person-
nel Institute with League of Oregon Cities in Salem. He expressed IlJppreciation for
Mr. Mills' excellent assistance and fine work in developing and improving the
overall personnel program as well as in other areas of the City and wished him good
luck in his new venture.
Corom
1/26/72
File
W. Economic Feasibility Study, Lane Covnty Auditorium Association - Lee Bishop, president
of the Lane County Auditorium Association, introduced JElck Jarvis of Jarvis & Company,
Inc., feasibility analysts, who g.srve a slJJ'/lllUlzy of the economic impact analysis pre-
pared by his firm on construction of an aUditoriW1l/convention facility in Eugene.
Copies of the total report and the Association's recommend8Jtions were previously dis-
tributed to Council members for review.
.
Mr. Jarvis described the facility proposed to include oomllantion hllJll, concert hall,
reci tal theatre, rehearsal rooms, meeting roo.ln9, costing a total of $13,620,000.00,
and assuming a $10,000,000.00 general Obligation bond issue. He said the concert hall
will cost more in 'the construction stage Md, although in the preliminary report it
was figured the convention h~ll wiOli21d be the most costly to operate, the pzesent re-
port includes revenues expected to be derived from concessions operated in the con-
vention hall which are not possible to be incorpozElted into the concert hall. Also,
that excluding depreciation and interest ch8Jrges, the total facility will average
an annual loss of $21,800.00 in the periOd 1975~80. Addition of depreciation and
interest charges (98% of the total) in that period ~ould make a total loss of. '
$7,760,000.00. Mr. Jarvis said the analysis is fClctu8Jl Md not influenced in 'any
way by either proponents or opponents of the facility. There are no existing projects
to which comparison can be lIli1lde with reg~zd to fiKuimci8JI position. He m.fAid he feels
the center as proposed does not lack balanca for zequiremsnts in Eugene measured from
other than a financial standpoint; and that there should be no reduction in size of the
facility because of resulting loss of revenue and balance in its use. He cited pr~
jections of new jobs created as a result of such a complex - not in the initial con-
struction, but as new positions in GhtSl olraraoion of the faciU;ty, as well as in pri-
mary and secondary support industries.
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Overview points Mr. Jarvis made with regaX'd to the final report versus the preliminary
report presented some time ago were that final calculations were not know until just
prior to publishing of this report, hence the difference in figures presented in the
preliminary report; addition of revenues GCI1Cul4ilted to be derived from concessions;
conclusions reached were based on facts t#.H:h the gi wn si te, requirements, etc., wi'th
no other influence; it muSt be rsoogW.~ed this t!:lpe of f&Jcility is not usually profit-
ablf,! in terms of finances, its value cannot be ll'lSCl/!iuzed economic.Blly so much as it is
measured in the sense or getting the racil1 ty Bt8Jrtad foz futiJZ'e bensfi t to the com-
munit:!1; and that the center as proposed will fit ~ell .into &J vital, core area provid-
ing an attraction for people to the downtc>,YKJ' are.m. N~ eJrpzessed appreciation for
oo-operation. his firm received from the vazious &Jgancies and people involved in
furthering the audi tori um/ conv6lnticm comple.'.l'o
Mrs. Baal asked about revenues derived from the aonwn\C1on hAll versus the concert
hall, and if it is possible to have em breakdown of incoma between the two; if ,the
concert hall size oould be cut reuoncmbly CJnd what the E'esul,ting revenues would be.
Mr. Jarvis, explaJ.ned that the conwnt.:lon facility Eawnuss in ratio to the invest-
'ment would be greater than that off the concert hall! from the standpsint of use and
requirements the ooncert hall is the most sa~1.entl there oOJre few suitable places in
the a:uamun.tty. to fill the need for tllis t~;pe facHi.t!]. Also, that overhead costs
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2/14/72 - 9
are distributed on basis of area of each COlIIponent in relation to the overall
facility, and the amcert hall being greater in size has larger costs. He said he would
defer to the Auditorium Association the question of reducing the size, although he would
not recommend any reduction - phasing to the total seating capaci ty projected would be
better.
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Mrs. Beal asked whether interest costs would be reduced enough to make less of an
economic loss if the facility is built in segments, using a serial levy; and what
effect such reduction would have upon that portion of financing from sources other
than the bonds. Mr. Jarvis answered that a phased porject spread,over a period of
time would lower outstanding bonds and lessen cost, but also would provide less
facility. In preparing this particular schedule, he said, the issuance of bonds is
spread over a three-year period. Financing in addition to the bond issue would come
from indus~rial/commercial and communi ty donations, the Renewal Agency, a grant from
the Economic Development Administration - this project is on an L-COG priority list
and up to 50' of the total cost may be applied for from EDA.
Councilman Williams said the main interest of EDA is in creation of new jobs and that
usually grants are allowed on the basis of $5,000.00 per job created.
Councilman Hershner asked what would result if the bond issue does not receive a
favorable vote, and Hr. Jarvis replied that if any of the finances are not forthcom-
ing then the project would have to be revised to fit what finances are available.
Councilman Mohr questioned the absence of any reference in the report to the impact
of parking requirements for the facility. Projected needs based on total attendance
would call for 1600-1800 spaces within a block and a half area or the equivalent of
eight square blocks of parking or three parking structures comparable to the Overpark.
Mr. Jarvis said he does not believe it a problem which cannot be solved - parking
related to the facili ty will flow at different times of the day - but some analysis
will have to be made. Mr. Mohr conmented that parking needs associated wi th the '
facility will have to be counted as a burden in addition to the costs listed in the
report.
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John Amundson of Lutes and Amundson, architects on the project, said that although
this particular project will generate additional parking spaces, overall parking
needs in the downtown area are recognized, and it would appear to be a question of
whether the entire parking problem will be resolved; could look at the possibility
of additional private parking activities generated by the facility rather than added
public burden.
Councilman Williams asked clarification of the position that construction of the
facility possibly could be the focus of new industry. Mr. Jarvis compared creation
.of the center to Salishan and the Shakespearean Fest! val; his people found in Eugene
the element of demand for activities which would be carried on in a center of the
type envisioned, these activities are now being carried on with almost total lack of
facilities, so by supplying the facility the impact of its operation will be realized.
He said there has been no occasion to C'Ollpare actual experience with the projected demand.
Counilman Teague questioned the feasibility of including a depreciation figure in the
financing program because of the public nature of the investment. Manager explained
the Citl}'s accounting procedure would not ussually set aside an account ,for deprecia-
tion or add depreciation to the debt service, which includes principal and .interest.
Projections of increased maintenance over the life of the building and cost o€ replace-
ment of equipment and furnishings within the building would probabll} be included in
the operating cost. It appears the total annual burden, including the estimated
operating loss plus' debt service, would be about $1,120,000.00.
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Mr. Teague asked if the facilitl} can be built in phases and how accurate are the
revenue sources listed in the report. Hr. Amundson said it is believed monel} would
be available from EDA if an application is filed relativell} soon - that projected on
the formula of $5,000.00 ,per new job created, a grant of $1,250,000.00 could be antici-
pated. He said seats could ,be pledged bl/ local residents and meeting IOOlIIS could carry
industry names in return for donations - both types of pledge would come not only fmll
Eugene but from the entire operation area outside the Citl/. As to phasing of construc-
tion, he said costs included in the report will provide a functional operation when
. colI!Pleted, but a reduced facility would increase the operating def.icit and lessen the
overall desirabili tl/ of the complex. .
There was some further discussion with regard to .impact: of planned JIlOtel facilities
in the Eugene area on the convention hal.l,and the creation of positions for the
repertory theatre.
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The Manager asked if building a portion at a time would result :tnsoms inh:tb:ttion of
the first phase to work as a unit because of the coarpliment4l'!/ nature of the total
facilitl/. Can anl/ conclusions be drawn from the report as to revenues and expendi-
tures for a phased program or would it be better to go back for a new project:ton. .
Mr. Jarvis sdd estilMtes of use and financial implications' . would have to be reviewed;
the minimum buic faciJ.itl/ would be a concert hall and meeting rooms. Manager sug-
gested if it :ts decided the entire issue could not be sUbm:i.tted to the people, some
idea as to how .much ClOu~d be subm:Ltted shou2d be referred back \ to the ClOJWultants
Eoz Eurtb4r M4l.lIl;is.
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Mayor Anderson asked about the requirement for 1800 parking spaces, and IIr. Jarvis
replied that the ratio of 1 to 4 is generally accepted and that ratio was used
based on full use of the center.
Mayor Anderson proposed further discussion with the Auditorium Association on the
report and a decision at a later date.
X. Code Amendment, EWEB Directors - Copies of an ordinance amending the Code were
distributed to Council menbers, replacing the copies distributed with the agenda,
for study and discussion at a future committee meeting.
Y. Highway 126 Environmental Impact Study Committee - Mrs. Beal asked whether members
have been appointed to this committee. ,Manager said that the State Highway Depart-
ment Was contacted with regard to skills which will be included in its group, and
that Mayor Anderson has indicated his desire not to name individuals to the local
adVisory committee until makeup of the State group is known so that there will be
no duplication.
Mrs. Beal sai d her concern is wi th the time element of not having a commi ttee ap-
pointed, then a deadline to be met without enough time for a committee to give full
consideration. Manager said it is his understanding that because of the work load
it may be some time before the State group will be free, so that there will be no
"quick" deadline. Mrs. Beal asked that the Council be advised when the State is
ready to go, and also that the Regional Air Pollution Authority staff be consulted
on pollution problems reSUlting from construction of additional freeways.
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z. Criminal Code Study - Mrs. Beal asked the status of Pierre VanRysselberghe's report
on the recent criminal code study. Manager said the report was ready in November
but staff felt more information was needed on specifics of certain kinds of charges,
cases, activities, and on the volume and financial impact of these kinds of cases,
so Andrew Jordan, law student, has been searching records for this statistical in-
formation. Councilman Mohr said too the Council directed staff to fozward the re-
port to the Criminal Law Review Committee before bringing it to the Council. It
was understood the report will be brought to the Council when the Review Commi ttee
has finished its consideration.
AA. Circus Ticket SOlicitation, Police Association - Manager read a news release issued
because of possible misunderstanding about the telephone campaign of the Eugene
Police Patrolman's Association for funds through sale of circus tickets.
BB. Code Amendment, Parking Meters - Copies of an ordinance were distributed to Council
members amending the Code wi th regard to parking meters. The amendment limi ts park-
ing time on spaces within a block - in essence prohibits "meter feeding" _ and
pZ'Ovides for use of tokens. (See C.B.9586 page 13.)
Letter from Lochmead DiUry re: Dairy Stores - For the Council's information copies
of a letter from Howard GJ.bson, Lochmsad Dairy, were distributed concerni,ng the
problem of small markets locating in commercially zoned shopping center Meas.
Laurelwood Club Lease -Attention was called to a letter from Mrs. Dorothy Johnson,
holder of the Laurelwood Club lease, requesting hearing before the Council with
regard to the City's termination of the leaSe. Manager said a mel/D from staff
would be forthcoming so decision could be reached on whether to proceed.
Annual Audit - The Council was asked whether further discussion was desired on the
annual audit report previously distributed. It was the consensus that the points
brought out by the auditors were of such minor nature that there appears to be no
need for further discussion. Manager reported that the auditors (Lybrand, ROBS Bros.
and Montgomery) say the condi tion of the Ci ty' s books is the best since that firm
has been auditing the City's accounts.
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FF. Skyline Park Annexation (east of East Amazon, south of 43rdl - Boundary COmmission
approVed annexation of the area because of heal th hazard due to sewage disJlOSal
problems. The County is now required to hold an election in the area on the basis of
a pZ'Operly certified remonstrance petition filed with the Boundary Conrn1.ssion. The
County Health'Department reports a number of failing septic tanks in the area whidJ
drain into the Citg, and Manager suggested if the election nullifies .the annexation
the Council look at the pZ'Oblem from the standpoint of health hazard annexation
procedure.
Hr. Willi4lDS\asked if the annexation was pe,titioned because it was oons:l.dered.a
dangerous area, and lianager sald it was not petitioned, that an Ottner of a smell pieoe
requested annexation and the area was expanded by the Boundary COIIIllIission.
CG. Scheid et al wCi tll - Council was i.nformed the C1rcui t Court upheld the dec:ts1on
of the Zoning Board of Appeals and C1tl} Council in denging perm:ltlf to build duplexes
at Shi.elds Avenue and City View Street.
HH. Annexati.on, Vi.c1ni.ty Valleg River Center - Kendall Ford and~ther autol/Dtive sales
agenC!l near Valley River have requested annexation to the Willakenz:te F1re D1stric:t
in order to get fire pzotectiOl2. City staff takes a position ag,ainst that annexation
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2/14/72 - 11
on the basis that it is extending and perpetuating a special service district in an
area which should logically be annexed to the City at some future time. Staff proposes
a contract between the Ci ty and property owners whereby Ci ty would provide fire pro-
.tection at a specified charge and the owners would cons8t to annexation to the City at
'" .;:t1~~ti~.e as it becomes appropriate, and then the annexation would proceed only at
city.'s' choice because of possible desire to delay until improvements are in and on
the tax rolls.
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Manager said this type of contract is also a policy matter and asked the Council's
approval of the staff's IDsition in proposing contracts for future 'annexation as
outlined, or making any changes deemed necessary, or the Council may wish to consider
each such annexation request of this nature. He said this particular case has another
area of conflict if annexed to the City in that the kinds of identification signs de-
sired by Kendall Ford and other agencies do not conform with the City's Sign Code;
this has been referred to the Planning Commission for consideration. Other than that
issue, be ~~~d property owners would not resist entering into a contract~ outlined.
Manager said staff has Deen handling similar annexation proposals as they arise, but
since there are some policy qllestions involved Council may want discussion at some
future commdttee meeting. '
Council expressed aeS.J.rb ~.;, hear more about such contracts, at the same time approv-
ing staff's position of not providing piecemeal services. Manager further said in
the instance of properties in the Valle!} River vic.i.D.ity that the sewe,r; situation is
not clear; there is limited capacity, and that problem would have to be resolved with
the property owners at time of annexation.
Mr. Williams asked if the problem with regard to the Sign Code requirements could be
met with amendment to the Code. Manager said district boundaries could be amended if
that would then satisfy what they feel their needs are under the new boundaries; if
nut satisfactory to them, then it would require consideration of whether restrictions
in whatever district they were in were too seve~'e. There is also the question of
whether amendment would be desirable. The Planning Commission may want to give some
directi on. It was understood the item would be brought bac:k for future discussion.
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2/9/72
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In answer to question from Mrs. Campbell. Manager said rather than the Kendall Ford property's
being added to the Willakenzie Fire District) since it is an area to1hich wi~.:'.. :nn<1uire f'J.lJ. City
services and since the City provides fire protection to the Willakenzie District, it appears
to be more appropriate if the City would enter into a contract with those property owners pro-
viding that when their properties become contiguous to the City they would consent to annexa-
tion. The contract would provide fire service and, if appropriate, sewers when and if they
can be provided at the property owners' expense. This recommendation was made at the staff
level to the Boundary Commission and brought to the Council since it seems to be a policy
matter.
II. ~1f3.flre9ati.on of Assessment, south side of Jeppesen Acres Road between Gilham and
Providence - Richard G. Jones, 2270 Jeppeson Acres Road, requested segregation of
$292.48 of sewer assessment, leaving a balance of $476.44, to enable partition of
60 feet frontage at this location. It was understood the reql.U:1At would be placed
on the consent agenda for the February 14, 1972 Council meeting.
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2/9/72
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Manager told Council members the applicant had withdrawn the application for segregation.
Mr. Mohr IOOved seconded by Mrs. Beal that Ite1l6 A through II - except Item
S upon which separate action was taken - be approved, affirmed, and filed'
as noted. Rollcall vote. A1J,. councilmen present voting aye, IOOtion carried.
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ORDINANCES
Council Bill No. 9582 - Vacating utility easements in Block 5. 1st Addition to Pine Ridge Park
was submitted and read the first time by council bill number and title only. there being no council-
man present requesting it be read in full.
Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill n\1Di)er .
only. with unanimous consent of the Council. Motion carried unanimously and the bill was read
,the second time by council bill number only and. enactment considered at this time.
Mr.M~hr moved seconded by Mrs. Beci1that the bill be approved and given. final passage ~ Rollcall
vote. All councilmen present voting aye . the bill was declared passed and 'numbered ~.
Council Bill No. 9583 - Vacating p~rtiQn unnamed street between Willamette Street and Donald
Street south of Coachll)an Drive . was submitted and read the first time by council bill number only
and title only. there being no co1.mcilman present requesting that it be read in full.
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Mr. Mohr moved seconded by MI'S. Beal that the bill be read the second time by, council bill number
only. wi th unani~us consent of the Council. and th?t enactment be considered at this time. Motion
carried unanimously. and the bill was read the second t.ime by coun,cil bill number only.
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Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall
vote. All councilmen present votiR~ aye. the bill was declared passed and numbered ~.
2/14/72 - 12
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Council Bill No. 9585 - Amending Code re: Licensing Commercial Solicitors - Changing wording
"person" to "individual" 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.
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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 presenrt voting aye ~ the bill was declared passed and numbered 16386.
Council Bill No. 9586 - Amending Code re: Parking Meters, Time Limits and Use of Tokens~ Meter
Feeding, 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.
On question from Councilman Hershner~ Manager said there is no change in time limits, only
that it is not covered by ordinance, and in converting to use of tokens it is felt neces-
sary to have the amendment to prevent feeding beyond the time limits now listed on the meters.
Motion carried unanimously and the bill was read the second time by council bill nunber 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 ~.
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Council Bill No. 9587 - Paving Monroe Street from 28th Avenue to 550 feet south, submitted and
read the first time by council bill number only 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 ~.
Council Bill No. 9588 - Adopting plans and specifications for paving Monroe Street from 28th
Avenue to 550 feet south, 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 conidered 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 ~.
Council Bill No. 9589 - Levying assessments for paving, sanitary sewer, and storm sewer within
Malabon West Subdivision, submitted and read the first time by cO\IDcil bill number and title only,
there being no councilman present requesting that it be read in full.
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Mr. Mohr moved seconded by Mrs. Beal that the bill be held to the March 13~ 1972 Council meeting to
allow proper notice of assessment to be given O\o!11ers of affected properties. Motion carried.
Council Bill No. 9590 - Levying assessments for paving~ sanitary sewer~ and storm sewer within
2nd Addition to Bennett's Subdivision, submitted and read the first time by council bill nunbar 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 held to the March 13, 1972 Council meeting 'to
allow proper notice of assessment to be given owners of affected properties. Motion carried.
RESOLUTIONS
Resolution No. 2007 - Authorizing agreement with Eugene Renewal Agency to provide technical
assistance to the' City on Feder~ly assisted projects was submitted.
Manager explained that the contract will allow the Renewal Agency staff to work on applica-
tions _ for neighborhood development programs. workable program, etc. Funds are already
allocated and this allows continuation of present arrasgementsat no additional ,cost.
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Mr. Mohr moved s~conded by< Mrs. Beal'to adopt, theres9lution. ,Rollcall vote.
voting aye, motion carried.
Resolution No. 2008 - Designating alley one-way westbound between 11th and 12th Avenues from
Law~nce St~et to Washington Street was'submitted.
All counCilmen p~se~t '
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Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried on rollcall vote, all
councilmen present voting aye.
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Resolution No. 2009 - Adopting TOPICS Plan, Traffic Safety Program, was submitted.
Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried on rollcall vote, all
councilmen present voting aye.
Resolution No. 2010 - Authorizing dedication of portion of transmission easement to city of
Springfield for 11th Street right-of-way (EWEB) was submitted;
Mr. Mvhi, ,noJ!::... seconded by Mrs. Beal to adopt the resolution. Motion carried on rollcall vote, all
councilmen present voting aye.
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Resolution No. 2011 - Authorizing easement to Northwest Natural Gas Co. across Lot 3, Block 1,
Beaver Addition (EWEB) was submitted.
Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motioncarried on rollcall vote, all
councilmen present voting aye.
Resolution No. 2012 - Authorizing boundary line adjustment with Arthur C. Ingham property on
Paragon Road (EWEB) was SJbmitted.
Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried on rollcall vote, all
councilmen present voting aye.
Resolution No. 2013 - Authorizing quitclaim of surplus easement across private property at 24th
Avenue and Adams Street (EWEB) was submitted.
Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried on rollcall vote, all
councilmen present voting aye.
Resolution No. 2014 _ Authorizing participation in Federal program for Flood Plain Insurance was
s ubmi tted.
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Manager said a review was made with regard to staff time which would be necessary to imple-
ment and the conclusion was that it would be routine and very minor. He said the protection
afforded by the plan would probably be greater in those areas subject to flood which might
be annexed to the City in the future. The insurance would also cover areas subject to mud
slides, hillside slippagel, etc. There seems to be no reason to deny potential protection to
citizens of the City.
Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried on rollcall vote, all
councilmen present voting aye.
Resolution No. 2015 - Authorizing payment of bills, claims, and progress payments for period
January 24, 1972 to February 14, 1972 was submitted.
~. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried on roJ.lcall vote, ull
councilmen present voting aye.
Fire Fighters Arbitration - Manager informed the Council that in negotiations in
process with the Fire Fighters Association, Ed Harms, Jr., has been asked to rep;re-
sent the City of Eugene as one of the arbitration team.
On motion duly made, seconded, and carried, the meeting was adj ourned to Monday,
February 28,1972.
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Hugh McKinley
City Manager
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