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HomeMy WebLinkAbout02/28/1972 Meeting (2) - i I e e . I Eugene, Oregon Council Chamber February 28, 1972 'Adjourned meeting of the Common Council of the city of Eugene, Oregon, adjourned from the regular meeting held February 14, 1972, was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. qn February 28, 1972 in the Council Chamber with the following councilmen present: Mr. Mohr, Mrs. Beal, Messrs. McDonald, Williams, Hershner, and Mrs. Campbell. Mr. Teague was absent. I - Bicycle Report and Film - Ruth Bascom,-chairman of the Bicycle Committee, reported on the progress of the committee's work and showed a movie entitled "Bike Links" depicting bike possibilities in the Eugene-Springfield area. Short reports were given by P. J. McDonald, Jim Anderson, and David Eaton on need for bike racks, bi cycle vs automobile traffic counts, and proposed bike routes. Slides were presented showing proposed bike routes including east/west route from the campus to Westmoreland housing area. Carol Beil reported on a questionnaire distributed to people in the Westmoreland area on use of this east/west route and said copies would be forwarded upon completion. Mrs. Bascom said committee members will explain items needing funding to the Budget Committee. Mrs. Campbell asked if the committee considered asking for removal of parking between 7:00 and 9:00 a.m. ,and 4:00 and 6:00 p.m. on 13th Avenue where it would not interfere with business use to give 'bicycles a chance to use at least one lane during those hours. Mrs. Bascom said they hope to make recommendations of that sort. She said a proposed lane for bicycles to and from Roosevelt Junior High is the first attempt and as bike use increases there would be justifica- tion for more requests of that nature. She said the bicycle committee meets on the first and third Thursday at noon and they hoped for citizen input and criticism. II - Public Hearings Council Bill No. 9581 - Declaring Deficit Assessment on 10th and Oak Overpark, submitte~ and read the first time by council bill number and title only on February 14, 1972, there being no councilman present requesting it be read in full, held to this date for second reading lacking unanimous consent for reading by council bill number only, was brought back for consideration with two additional protests on file. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only and that enactment be considered at this time. Manager reviewed protests received at the February 14, 1972 meeting. Since then written pro- tests were received from Carlton Buck, minister, and Howard Berge, treasurer, First Christian Church; Trude Kaufman, Kaufman Bros., Inc.; George Skeie, Skeie's Jewelers; and Butler, Husk & Gleaves, attorneys, on behalf of Dr. Robert Loomis and Mr. Neal Sande, owners of property occupied by National Theatre. The City Attorney's opinion was read with regard to the question raised by Bennetts Community Builders (Bennett-Knox) as to whether the deficit assesSment could be placed against their property since its use has changed. It is now used for off- street par.king where there were buildings when the original assessment was made. The opinion stated any change subsequent to the original assessment has no bearing on the deficit assessment. It was noted that Council members previously received from the Executive Director of the Eugene Renewal Agency comments regarding the Agency's procedures in the 10th and Oak parking assess- ment district. Les Pedersen, manager of Firestone Store, read his protest wherein he said the assessment should be the responsibility of the entire City. E. H. Hall, owner of property occupied by Northwest Natural Gas at 931 Oak Street, said he felt some change in financing the entire cost of the structure should be considered. He objected to property owners within the district paying the cost and said it should be paid by the entire City. CHf Culp repeated his objections to the method of financing the structure made at the Febru- ary 14, 1972 Council meeting and said again that the cost should be assessed against all properties m the City. Councilman Mohr asked if in considering the protest from the Christian Church the entire assess- ment is being lI'otested or just the deficit assessment. Manager said the corrected assesSment is based upon the final cost of the total project, that it adds to the assessment originally made in accordance with a formula approved by the Council at that time after public hearings and remonstrances, and based on sufficiency of signatures and insufficiency of remonstrances. He said the corrective assessment is new in terms of its being pro~essed through use of an ordinance. If the City Council believes the deficit assessment proposed by this ordinance is not in relation to the benefit to the properties upon which the assessment is being made, they would have the authority to' make such changes as they feel are permissible. He said that the original formula used is the same as that used for this deficit assessment, and is the formula which was challenged and upheld in the courts. If there, is a deci,sion not to continue with the existing formula, then a different one would have to be developed and it would be subject to challenge and remonstrances and non~acceptance legally. Commen~ing on Mr. CUlp's' statement that the Council has authority to assess cost of the project to entire City, Manner said he believes this is true only if sufficient signatures are received. . In answer to a question from Mr. Mohr, Manager said it is not known at this time whether the First Christian Church is on record as having remonstrated against the original assessment. Councilman Williams asked the legal significance to the Council and to the assessment process should it be decided to implement a different method of financing the parking structure and it was challenged. Manager replied if a new procedure is l'roposed changing the formula but retaining the same assessment district, the new formula could be challenged as to whether it , " .', , ~; 2/28/72 - 1 is fair and equitable. If the boundary of the district is changedt it would be creating a new district which would have to stand the test of public hearings, remonstrance proceduret and remonstrances exceeding 50% of area to be assessed would nullify the district and assess- ment could not be implemented. The City would be left with the possibility of not having a way of recouping finances to finish paying for the project. Mr. wiil~ams asked if remonstrances in exces~ of 50% are figured on a~_quare-~r the number of ownershipst and whether the present method of assessment wOUlcrnave to be aban- doned if a new method were pursued. Manager said the faator for assessment is square footage adjusted. He said offhand it is not known whether the City could retreat to the present methodt hut it would appear if another method were considered it would seem to create more doubts about the present one. e Further discussion reviewed history of the parking assessment district and petition for it creation by owners of more than 50% of the properties in the district. Also. that the Re- newal Agency was not involved at that time. and that the original assessment was based on estimated cost of the project with that cost assessed to all properties within the district except those used for commercial off-street parking available to the public. Manager said the contractor has been paid with money received by selling bonds and repaying from ~he first assessment plus short term borrowing to pay for the deficit. It is the short term borrowing which now needs funding over a twenty-year period. Answering Mrs. Beal. Manager said it is not a matter just of interest which would not be as great on short term borrowing. but a matter of two-year notes and no authority to extend them over a long period of time. Mrs. Beal asked whether a Bancrofted sale which has been assessed CQuld be adjusted to make a more equitable assessment at a later date. Manager replied that if another source of revenue is provided for parking and to assume obligations of the properties assessed for the Overpark, it could be credited against those obligations in place of the semiannual interest and payments but would not relieve the liens on those properties. However. another source of revenue could remove any need for ,payments. Liens cannot be removed because when Bancroft bonds are sold the property becomes security for those bonds. Mrs. Beal said it appears to be a case of assessing this deficit amount the same as the original assessment. or take a look at the entire cost of the project which would mean adjustment of the original assessment, or find another way of paying this indebtedness. - Councilman Mohr asked what recourse bond holders will have if the City fails to act on this deficit ordinance. whether they would turn to the City for payment or collection or to the owners of affected properties. Manager said the deficit was covered by sale of short-term warrants and the City has no authority to levy a tax to retire those warrants. They were sold on the understanding bonds would be sold and money from that source would be used to retire the warrants. Mr. Hershner said if cost of the parking structure is assessed against the entire City. it would seem there would have to be an election to approve a bond issue. Manager replied not unless a district is created covering the entire City in which case the levy would presumably be based on footage. proximity. etc. If the cost is picked up as a general obligation it would require a bond issue or special serial levy outside the 6% limitation. Councilman Hershner said it appears the alternative is to use the regular operating budget and cutting down on other services or making parking a city-wide function in which case there would be the question of benefit to properties farther away from the structure. He said it would seem at the time the district was created it was thoroughly investigated by that Council. that if anything is done to alter the Christian Church's assessment it would involve reassessing all of the properties again. Manager said the deficit assessment against the Church's property amounts to $6.621.00. the original assessment was $23,027.00, and there is nothing which can be done now to relieve the original assessment. He said if it is decided the deficit should not be levied against the Church, then that amount would have to be prorated to all other properties in the district. going through the hearing procedure again. He said even though the structure may not be considered of benefit to the Church now. it could at a later date benefit that property. He called attention to the fact that at the time bids were let both the Council and property owners realized there would be a deficit. ~ .. At the request of Mrs. Campbell, David Hunt. executive director of the Eugene Renewal Agency, commented that the Renewal Agency is making interest and principal payments assessed against properties it has bought within the assessment district just as other property owners. He discussed further the Agency's properties in the district and the difficulty of estimating effect on property values because of the renewal project. In answer to a question from Mrs. Campbell, MJ'. Hunt said the ERA enns~ons three additional parking facilities of approximately the sam~ size as the Overpark but it is not expected they will be financed through an assessment distri~t. He also mentioned that funds ~rom ERA prop- erties used for parking until redeveloped do not go into the general City fund bu1; are credited as income to the renewal project. I . Mr. Culp said he feels the land values were lowered enough to w,arrant lowering the assessments, and that conditions in the downtown area have changed since the renewal project was started. Mr. McDonald asked if the Christian Church assessment is 'eliminated whether it would change the formula. Manager answered that the on1y exemptions a110wed now are commercia1' off-street Jd 2/2 '9.L72 ~ 2 - parking lots available to the public, and that if non-profit organizations are exempted it would change the formula and would raise the question of other challenges. Mr. McDonald said he would not be in favor of changing the formula but would be in favor of making an ex- ception of the Christian Church assessment. Manager said it is hoped the Church assessment of some $6,000.00 could be collected over a period of 20 years, non-collection would not hamper the Church's operation or its existing programs, and the City would work with the Church to relieve the burden if something can be done within the City's legal authority. It is not the City's intent to take title to downtown properties through the district. Mayor Anderson recalled the defeat at previous elections of efforts to finance parking over the entire City, and said he did not feel the issue would be any more successful at this time, especially with other commercial areas being developed. Manager said other methods are being investigated to help not only with the parking structure but with the overall central business district program through a committee of downtown merchants and the City. Some presentation is expected within the next few weeks. If it is a successful and accept- able formula, it may give considerable relief to these property owners. A rollcall vote was taken on the motion to read C.B.958l the second time by council bill number only, and motion carried, all councilmen present voting aye. Mr: Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, except Mr. McDonald voting no. the bill was declared passed and numbered 16390. . Mayor Anderson said he is concerned about parking for the central business district and hopes a program can be developed that will not be the burden it now is but provide parking and re- vitalize the downtown area. B. Street and Easement Vacations 1. Vacating utility easement east of Hughes Street between Pattison and Avalon, Geo. Pyle - Manager said problems with regard to subdividing and provision of sewers should be resolved before the vacation becomes final, and recommended holding the council bill. (See C.B.9591 page 14 .) 2. Vacating Bufton Street north of West 11th Avenue between Wallis Street and Bertelsen Road, Geo. Wingard. (See C.B.9592 page 14.) 3. Vacating portion of Dillard Road at Snell Street, Gary Parks - Because of the petitioners unwillingness to pay an existing street assessment, it is recom- mended this council bill be held. (See C.B.9593 page 14.) 4. Vacatin easement on Lot 11 Block 41st Addition to Cow Palace eson Acres Road west of Norkenzkie Barker. See C.B.9594 page 14. 5. Vacatin easement near Hawthorne between Fairfield and Baxter excluding south 25 feet, Sorgenfri. See C.B.9595 page 14. 6. Vacatin Dills- easements Lots 13 and 18 Pine Ridge Estates north of Malabo Drive See C.B.9596 page 14.) - C. Constitutional Amendment. Highway funds for Public Transportation Margaret Patoine, People for Public Transportation, distributed copies of a proposed constitutional amendment which would change restrictions on the vehicle tax revenue$, and asked the Council's endorsement. Vehici:le tax revenues now can only be used for public highways, roads, streets, parks, and recreational, scenic and historical places. The proposed amendment would include public transportation systems and facilities. Mrs. Campbell said the Council has already expressed to the Transit District approval of the present method of funding. She wondered if the Council is being asked to disapprove the present method. Mrs. Patoine said they hope that with more money there is chance for a better transportation system; under the present funding it is definitely limited. They hope for a complete County system. Mrs. Beal moved seconded by Mrs. Campbell that the Council endorse and support tOe proposition of this Constitutional amendment. Mr'. Mohr suggested Council members have copies of the Oregon municipal poliCIJ on dedi- cated highway funds before making a decision. Mrs. Patoine oommented on the number of' organizations which have endorsed the proposal and said it would provide a balanced tz'ansportation system. It would not short funds for highways, the State would con tinue to get them as needed. . Mz'. Teague asked if the staff has reviewed the proposal. Manager said they have no knowledge of the proposal. He suggested the. item be placed on the consent calendar or' for public !learing at the next meeting. Mrs. Beal'withdrew her motion and asked that the item be placed on the February 28,1972 Council agenda for public hearing. Mrs. Campbell withdrew her second saying G1 public hearing would open the subject of use of the employers' tax now financing mass transi t and the Council should be prepared .H,J' u" 2/28/72 - 3 \'::- for that eventuality. Mr. Stadler concurred saying there is considerable opposition to it, and said he is highly in favor of the proposed amendment. It was understood the item would be placed on the public hearing agenda. Conml. 2/16/72 Pub Hrng Mr. MoL:.' 1.10', ~d seconded by Mrs. Beal to endorse the proposed amendment allowing use of highway funds for mass transportation . '] Stanton Cook, 1832 Longview Street, spoke in favor of the amendment. He said it would make no change other than to enable the Legislature to devote a portion of gas tax revenues for ac- quisition of public transportation systems and facilities. John Spangler, 1670 Alder Street, favored the amendment to enable transportation facilities paralleling the present highway system of parks. A vote'was taken on the motion as stated, and motion carried unanimously. D. Annexation Earl Green Property, east of Centennial north of Kins Row (13.5 acres) (Plan- ning Commission February 1, 1972) - The Planning Commission recommended denial of,peti- tion to annex this area east of Centennial Boulevard and north of Kins Row. Council merilbers toured the area. Manager said the discussion before the Planning Commission combined the question of annexation with proposed use for home for aged which would require a conditional use permit. The actual legal request to be considered is for annexation only, but it is understood that request for a condi tional use permi t would immediately follow in event the annexation is approved and that to be fair to the peti tioner .he should know whether the home would be allowed if the property is annexed. The Planning commission hinged its decision for denial on proposed use of the ,land wi th discussion revolving around whether this is a sui table location because of isolation as well as lack of Ci ty services. Manager said a temporary arrangement is available for !;ewer service to the home but not for the entire site. . Councilman Williams said discussion during the tour by Council members revolved around whether it is an i deal location for a group aare home, and he wonders what the Ci ty' s responsibilities are with regard to property owners so far as annexation and develop- ment are concerned. Planning Director said issuance of a 'conditional use permit was taken into consideration by the Planning Commission because the County had granted one, and that the major issue in recommending denial of the annexation was that sanitary sewers are not available for the entire site and it is not known when they will be available. Mr. Williams said the policy in the past has been that if an area fits into the urban service area and is adjacent to the Ci ty, then it should belong to the Ci ty. Now, he continued, there seems to be a fairly significant change in that development or annexa- tion depends on already existing services. Planning Director replied that it is a case of priorities, other areas have already existing health hazards and should be served wi th sewers before new areas wi thout servi ces are taken into the Ci ty. It is a matter of timing from the standpoint of. abili ty of the Ci ty to finance. Mayor Anderson said it would appear some concrete statement of policy should be de- veloped and would be helpful since people can do a lot of planning and go to a great deal of expense toward development of property only to find the City will not annex. Councilman Mohr said types of public services other than sanitary sewers should be discussed. Manager said in this instance there is no problem of the developer's being unaware of the problems involved since this development has been under discussion for sorne time. , Public hearing is scheduled for February 28, 1972. COlmll 2/23/72 Pub Hrng Richard Cleveland, attorney for Earl Green, showed slides of the area under consideration and re- viewed the history of the planning for the home for the aged which Mr. Green is proposing for the area. He distributed to Council members copies of analysis of the project and statement of facts concerning aging people in the United States. He described the type of facility planned and said the level of medical care required is less than that needed for a nursing home. With regard to the Planning Commdssion's reference to isolation, Mr. Cleveland claimed centrality of location to be suitable. He compared distances from this area to medical centers ,principal churches, shop- ping centers, parks to those from nursing homes in the community. He introduced Mrs. Eleanor Fitzgerald, supervisor Lane Public Health Service, and Mr. Kenneth Davis, 1135 West 19thAvenue, social worker, both of whom cited statistics favoring location of the home at this site. Mrs . Fitzgerald said because there are few, homes for the aged in' Lane County which will accept welfare people there is a great need in this community; nursing homes are crowded now and 'the difference in type of care necessitates a different type of facility. Mr. Davis said :such a home would offer a very necessary service to Lane County and one which they could utilize in re... lieving the pressure trying to place disabled veterans after hospital discharge. With reference to its location .in relation to the freeway he s~id he doubted the freeway noise would bother most of the occupants. Wi th regard to transportation he said people in this situation would not be inclined to wall< too much; they need some supervisi.on of their whereabouts and personal appear- ance, and about 80% would not be involved in any social activity unless encouraged to go and were transported. He said too another factor in the facility's desirability is that it, would ;be self-contained unit having its own canteen, beauty shop, etc. . .:10 2/28/72 - 4 " , , - ;.~ . Mr. Cleveland said the site has been approved for electrical. gas. and water services; has been approved by the State Fire Marshal's office; and there is no question about police service. Consideration is being given to private or management transportation provided by the facility. Lane County was asked for a conditional use permit and it was indicated it would be acceptable. It was determined practical to pump sewage effluent into the Sorrel Way trunk at the rate of 15 gallons perminute. Engineering estimates show actual consumption would be about 7.29 gallons per minute. Both the Elks Lodge and Masonic Lodge were questioned about joining in connecting to this system. but they were not interested. So the excess capacity which would have been avail- able for those two facilities will be available for development of the remainder of the Green property. Mr. Cleveland discussed further the management transportation system under consideration and statistics on homes for the aged and noise levels at this location. He said the Greens do in- tend to own and operate this facility and asked the Council's support for annexation. Manager said the Planning Commission minutes thoroughly covered the Planning Commission's recom- mendation to deny annexation. Planning Director said the Mayor's Advisory Committee on Aging recommends against this location for a home for the aged. He said although there was some testimony tonight not given previously a home for the aged even if the property is annexed will require a conditional use permit. The major issue still before the Council is annexation. . With regard to the Masonic Lodge property contiguous to the Green property. Planning Director said it was recommended for annexation because it was felt it was displaced from the downtown area by ERA and it is an institutional use not requiring same utility uses that a home for the aged would require. The same would apply to the Elks Lodge and the Boy Scout facility on Cen- tennial. The Planning Commission. he said. feels transportation criteria would be whether bus or automobile transportation is available. He called attention to the fact that the area peti- tioned for annexation is greater than necessary for just the home and some plans have be€'Jlnoted for multiple family housing in this area. Annexation would be considered very critical with regard to the City's obligations because of serious problems arising if multiple family housing were constructed. There are existing health hazards in other parts of the City which need attention now. Councilman Williams asked if there have been other instances of requests for annexation of areas contiguous to the City and clearly within the urban service boUndary where the recommendation has been against annexation. Planning Director named several instances where such has been the case. but said in each instance the annexation was delayed at the Planning Department level be- cause the petitioner agreed the request was not valid. He said most of those requests were outside the City's present sewer service area. Upon question from Mr. Williams. Planning Di- rector said the area under consideration is within the urban service boundary. Upon question from Mrs. Beal, he said other services not available were sidewalks, bus service. schools on that side of the freeway. He said although the sewer can be provided under a unique service. if there is any increase in density there would be no sewer available and no time schedule for one es- tablished. In answer to question from Mrs. Beal, Manager said the annexation petition is for 13.5 acres. and the area proposed for use for the home is four acres. He said Mr. Green's attorney indi- cated some sewer capacity over and above the needs for the home, but it is not known what de- velopment is proposed for the other 9~ acres. e Mrs. Beal wondered whether it would be wise to annex seven or eight acres to be used for other purposes which may want services not now known about. even though at this time the use proposed for a portion of the area has sewer capacity and will provide no stress on the schools. Mrs. Campbell asked if a conditional use permit was given by the Lane County Planning Commission. Mr. Cleveland answered a conditional use permit was granted, but not a temporary septic tank pe~t. He said there is no present commitment for use of the remaining property beyond the existing sewer capacity of 15 gallons per minute. Mrs. Beal asked if it would be practical to annex just the four acres intended for use for the home. Planning Director said it is possible. but if it is annexed a conditional use permit would still be required for a home for the aged. And that request would appear not to be dif- ferent from what is now being considered. He said it would not seem the Planning Commission can make a favorable recommendation unless there is a change in the recommendation from the Committee on Aging. Mayor Anderson said the petition was to annex 13.5 acres unless the petiUoner wished to change the request. Upon question from Mayor Anderson, Mr. Green said he has been working with the Committee on Aging and will continue to work with them so that if the area is approved for annexation, they can bring a favorable plan for a facility back to the Planning Commission. . Mr. Williams recollected from reading the minutes that under County zoning this facility was permitted. so if annexed it would have to be permitted in the City. Planning Director said that the minutes were in error and had been corrected at the Planning Commission's meeting. Mr. Mohr IOOveq seconded by Mrs. Beal to recommend to the 'Botmdary Commission cbnexa- tion of the Green property under discussion. Mr. MohI' asked if the item would be automatically referred for joint discussion with the Planning Commission. Manager said that that procedure applies only to zoning matters but it would seem appropriate in this instance. 41 2/28172 - 5 Mr. Williams said he is not sure it is the responsibility of this body to decide whether this is or is not a proper site for a home for the aged, but the question would seem to be whether the area requested for annexation fits into the City's boundary. He said at some future time the question of use may be discussed. . Councilman Hershner called attention to his refraining from participating in the discussion and said he will abstain from voting because Mr. Green's attorney is a member of the same law firm of which Mr. Hershner is a member. Vote was taken on the motion to recommend approval of the annexation. Motion carried, all councilmen present voting aye, except Mrs. Beal voting no, and ~r. Hershner abstaining. Councilman Mohr said if annexations are to be more carefully examined and services used as cri- teria, the Council should have a procedure and more definitive policy on annexations. Planning Director said the City Attorney has expressed concern with the City's ability to deny land use requests because the City cannot deny services once an area is annexed. He (Planning Director) said hopefully the Planning Commission would have a statement on sequential develop- ment to prevent the City's being faced with severe financial responsibilities in the future. There was further discussion on annexation guidelines and, rather than a joint meeting to discuss this particular annexation, it was generally agreed a meeting with the Planning Commission would be helpful to discuss annexation criteria in general. (See Resolution No. 2020 page 15.) E. Bid Opening February 15, 1972 Project and Name of Bidder Paving,Storm Sewer,Sidewalk Centennia~ Boulevard from Cen- tennial Loop to 300 ft east of Centennial Loop East(659) Wildish Construction Company D&D Backhoe Service Devereaux & Pratt, Inc. Cushing Bros., Inc. Fred Stubbert Sanitary Sewer Between Blackburn St and 160 ft west of Warren from Kevington to south line (ext) Lot 6,Blk 4, Cherry Lands Addn (789) D&D Backhoe Service Kenneth R.Bostick Const Co Shur-Way Contractors Wildish Construction Co. Cushing Bros., Inc. Between Olive and Willamette from 17th to 18th(Reconstr)(833) Kenneth R.Bostick Const Co. D&D Backhoe Service Shur-Way Contractors Wildish Construction Co. Cushing Bros., Inc. Storm Sewer To serve Crestvilla PUD (805) D&D Backhoe Service Shur-Way Contractors Wildish Construction Co Kenneth R.Bostick Const Co Cushing Bros., Inc. Between Coburg Road and Luella St from Bailey Lane to 450 ft north (819) Wildish Construction Co. Kenneth R.Bostick Const Co D&D Backhoe Service Cushing Bros., Inc. Shur-Way Contractors Sidewalk . Eas~ side Friendly from 27th to 28th (824) Fred Stubbert Devereaux & Pratt, Inc. Wildish Construction Co. Contract Cost $11,436.20 11.444.50 12,270.15 12,514.70 14,080.85 $12,341. 52 13,040.00 15,515.80 16.717.56 17 .632.00 $ 3.428.00 4,940.60 5 , 390 . 70 6,01B.12 8,580.00 Basic $ 9 ,424.65 11,004.20 11,166.21 11 ,789 . 20 12,232.00 Cost to Abutting Property Amount Budgeted . Cost to City Stm 12.53 $ 405.00 (Engr Est Curb 6.27/fr ft Strm Swr $14,300.00) Walk 5.69/fr it 24.49 Completion Date: June 1, 1972 Lat $ 0.04/sq ft Levy $ 0.005/sq ft (Engr Est $14.325.00 ) o Completion Date: June 1, 1972 o $3.428.00 .: o (Engr Est $ 4.550.00) Completion Date: May 1, 1972 Alternate $ 9,329.45 No Bid No Bid No Bid No Bid $1,853.47 $ 9.344.98 o (Engr Est $ 9,975.00) Completion Date: June I, 1972 " ') {J r.." 2/28/72 - 6 . Staff recommended awarding contracts to low bidders on each of the projects or to alternate low bidder where alternates are indicated, except the sidewalk on Friendly Street. It was recommended the bids on that project be rejected and called at a later date with the hope of obtaining a favorable bid. It was noted a letter was received from Donald C. Frisbie, Lico Corporation, protesting construction of the Friendly Street sidewalk. Mr. Mohr moved seconded by Mrs. Beal to award contracts to the low bidder or alternate low bidder as indicated on each of the projects, except that the bids be rejected on the construction of sidewalk on Friendly Street from 27th to 28th. Rollcall vote. All councilmen present voting aye, motion carried. III - Items Considered With One Motion. Previously discuSsed at committee meetings on February 16 and 23, 1972. Minutes of those meetings appear below printed in italics. , A. Vacation Easement, Lot 22, Block 7, 1st Addition Pine Ridge Estates (Dills) - Plan- ning Commission Report January 24, 1972 - The Planning Commission recommended ap- proval of W. H. Dills request for vacation of this utility easement. Construction of a house encroached upon the easement by about a square foot. Comm 2/16/72 Approve Mrs. Beal moved seconded by Mr. Teague to call a hearing on the vacation of the easement. Motion carried. (See C.B.9599 page 14.) , I J . I I B. Appointments and Reappointments, Boards and Commissions - Mayor Anderson announced the fOllowing appointments and reappointments: Human Rights Commission - Mrs. Molly (Robert E.) Anderson, 870 Lariat Drive Replacing Mrs. Don Siegmund, resigned, for balance of term ending January 1, 1973 Rev. Mark H. Miller, First Congregational Church, 1050 East 23rd Avenue, replacing Rev. Norman Pott, for 3-year term ending January 1, 1975. Police Officer David Jordan, 1962 Madison Street, replacing Roosevelt Creal, for 3-year term ending January 1, 1975. Garbage Board (Annual) - Ervin Molholm, 1036 Adams Street, reappointment Wallace Swanson, 140 Coachman Dri ve, " Robert Deverell, 3000 Sorrel Way, " Masonry Board - David A. Carmiencke, building contractor, 2110 East 17th Avenue, Reappointment for 3-year term ending January 1, 1975 Mechanical Board - Donn Chase, 1255 Railroad Boulevard, reappointment for 5-year term ending January 1, 1977 Mayor Anderson recommended the following reappointments for Council approval: Electrical Board - Carrol Colvin, engineer, 860 McKinley Street, for 3-year term ending January 1, 1975 -- Plumbing Board (Annual) - Malcolm Manley, contractor, 2550 Warren Stxeet Robert Fegles, contractoz, Route 5, Box 1083 R. K. Livingston~ journeyman, 431 East 34th Avenue Warner Dallas, jO!1!zneyman, 110 Gzeen Acres Road Joel Goss, public at large, 3540 Gilham Road Sign Board - Robert E. Andezson, 870 Lariat Drive, for 3-year term ending January 1,1975 Councilman Williams noted that Joel Goss was recommended for the public-at-large posi- tion on the Plumbing Board whereas he is a machanical engineer. It was e2Cplained that the position can be filled by any citizen Md that Mr. Goss is serving as a member from the public rather than as an engineer. Mr. Williams moved seconded by Mr. Mohr to approve the appointmant of those recommended. I I . I I Mr. McDonald asked whether the names of nominees could be f$iven Council members prior to committee meetings at which they aze announced. i1r. Mohz said his xecollectio'n of the procedure adopted was to annoWlce zecommendations at the Wednesda!:l commi ttee meet- ings which would allow consideration by Council ,members before formal action is taken at the following xegular Council maeting. Mrs. Beal wondered whether nominations could be tMen from Council members. Mayor Anderson said he would welcome any sugges~ions when vacancies are to be filled. In this instance, he said, the only new appointment is to the Human Rights Commission. Mrs. Beal suggested that when nerrl appointments are to be made requiring Council con- firmation, it might be possible to announce the vacancies at .one Wednesday meeting to. give Council members the opportunU;y to offer suggestions for the following Wednesday meeting. 1 " ... .} 2/28/72 - 7 Mayor Anderson commented on the various ways in which board and commission members are appointed. He said the Building superintendent is now preparing a recommendation with the idea of attaining some uniformity in the appointments, and that this may be some- thing Council members may wish to consider and determine how they want the appointments made. A vote was taken on the motion as stated, and motion carried unanimously. Corom 2/23/72 Approve A, ., Mayor Anderson announced further appointments to be added to those announced at the committee meeting on February 23, 1972: Human Fights Commission - Ron Couser, 2345 Patterson Street, replacing Rev. Lemuel McKinnie, for the 3-year term ending January 1, 1975 Michael V. Phillips, 545 Sweet Gum Lane, reappointed for the 3-year term ending January 1, 1975 He also announced a vacancy on the Sign Code Board of Appeals and asked Council members for suggestions. C. Vacation Alley between 7th and 8th from Olive Street east 160 feet (Jacobs/ERA) - The Renewal Agency requested the Council to set a hearing date on the vacation of this alley at the February 28, 1972 meeting to avoid delay in consolidating two parcels in the renewal area. Mr. Williams moved seconded by Mr. Mohr that the hearing date be set at the February 28, 1972 Council meeting. Motion carried unanimously. (See C.B.9598 page 14.) Corom 2/23/72 Approve D. Sign Code Appeal, International King's Table, 25 Silver Lane - Manager said the peti- tioner asked for a two-week delay on the hearing set for February 28, 1972 on the appeal of denial of use of flags as external decor at this location. Principals in the IKT firm will be out of town. There are no legal publications of hearing dates on this type of appeal. .' Mrs. Beal moved seconded by Mr. McDonald to delay the hearing two weeks. Motion carried unanimously. Manager said Mr. Cleveland, attorney for International King's Table, requested delay of their appeal until the March 27, 1972 meeting since he will be out of town. E. Realignment of Ward Boundaries - Copies of a map showing present and proposed ward boundaries were distributed to Council members. Bill Sugaya, planning office, pointed out the proposed boundaries on a wall map and explained that they followed as closely as possible precinct lines set by the County. The only instance where they were not followed is in Precinct 401 where the County lines were changed after ward boundary, realignment WaS made. This involves about 168 people. Manager pointed out the locations of residences of present Council and EWEB members , and said the boundary changes will not affect any elected encwnbents. Councilman Williams asked if this change will be in effect until the next population count in ten years. Manager said the Council could change the boundaries at any time when there is need to equalize because of population COunt made by the City, any significant annexation or any other major factor. He said it is not clear whether it is required or optional to equali ze, but if any action is taken wi th the ward populations completely out of balance',' an action could be challenged. I I I e; Councilman Mohr commented on the limits on which a challenge would be valid, that it ranges from 6% in some states to .2% in others; the proposed wards vary from .8% to 1% and give the one man/one vote representation as closely as possible. Mrs. Campbell asked whether the change is recommended for immediate decision. Manager said he knows of no reason to delay it. Mr. Williams moved seconded by Mr. McDonald to approve the proposed ward boundary realignment. Neil'Murray, 653 West Broadway, expressed his dissatisfaction with the proposed boundary of Ward III. He said that ward is at somewhat of a disadvantage because of inclus.ion of two fairly diverse neighborhoods in the ward but separated by the River Road area. He said he thought it would be of benefit to Council members in representing citizens if each ward is made up of neighborhoods sharing common interests. Mr. Murray expressed the opinion that WUd III would be better. made up of the Bethi].-Danebo area and enough area to the south to equalize its population with the other three wards. Mayor Andez:son said that under the present system representation is based on mathematical' considerations. If it were a type or neighborhood representation pzppostion that was wanted then the City would be in position to create eight wards and bring actual neigh- borhoods into wards. . Manager: said the WillaJeenzie area does not have enough population in itself and has to be combined with the portion to the west or south. The wjJ.lamette River and North Bank 4,4 2/28/71 . 8 . Park on the south and River Road area on the west both present physical divisions. The method used allows keeping elected people now in office, which probably would not have been possible if the Willakenzie area were used as an entity or areas to the south added to Ward III. Mr. Mohr said he was not disturbed by the geographical disparity, that he would be- more concerned with ideological or sociological grounds and referred to Ward II and the diversity between the University and residential neighborhoods in that ward. Councilman Williams expressed the opinion that if representation of, special groups or areas is going to be seriously considered, he felt it would make selection of council members too complex and difficult and would lead to parochiali!;m which he would not like to see. A vote was taken on the motion to approve the proposed ward realignment. Motion carried Wlanimously. (See Resolution 2022, March 13, 1972 minutes.) F. Brewer Avenue Right-of-Way Purchase, Thomsen - One of the conditions of approval of Boise Cascade planned Wlti development north of Brewer Avenue west of Gilham Road was that Brewer Avenue be improved. The street has been dedicated as required except for one lot, and through negotiation with the owners, Donald P. and Susan A. Thomsen, a purchase price of $1,125.00 for that lot has been agreed upon. That amount will be recovered from the developer of the PUD. Mrs. Beal l1k)ved seconded by Mr. Mohr to authorize purchase of the right-of-way for $1,125.00. Motion carried unanimously. . G. Peace Resolution - Mrs. Beal asked if notification was sent to the White House and' members of the Oregon Congressional delegation with regard to the May 1971 peaQe vote. Manager said research of COWlcil minutes revealed action at the May 26, 1971 coamrlttee meeting directed that a resolution be prepared reflecting the result of the election, and that it and any other background information be fozwarded to the President and to the Oregon Congressional delegation. Resolution 1935 was prepared and adopted at the June 15, 1971 Council meeting. Minutes of that meeting pertain- ing to this item were read, but the records do not reveal whether copies of the resolution were or were not mailed. Discussion revealed that Councilman Mohr had called at his own expense Senators Hatfield and Packwood to give the information, but at that time the Senate was al- ready in session and discussing the Hatfield-McGovern amendment wi th regard to the Viet Nam conflict; the information was conveyed to staff members in each of the Senator's offices, but there has been no real response from them. Mrs. Beal offered apoligies to Mrs. Jean Tattersall and other members of the Peace l1k)vement for not making sure official word on the vote did get through to Washington; Mrs. Tattersall said that she feels it is still not too late to tIIJ to get a response from the Whi te House and Congress. - Further discussion centered around preparation of Resolution 1935 and direction as to its distribution, and the resolution was read. Mrs. Beal remarked that she re- sent$ the wording in that it calls attention to the total number of registered voters and the number who voted on that measure. It was understood that Council action of. June 15, 1971 is reaffirmed and that a copy of Resolution 1935 will be sent to the President of the United States, Oregon Senators, and Congressional representati ves, together wi th a cover letter express- ing regret that the Resolution was not received earlier, and requesting a response, and that copies be presented at the next commi ttee meeting, and copies of any re- sponse received be fozwarded to Mrs. Jean Tattersall. Mr. Teague asked if it would be the same wording or if anything else is being added at this time, and was told a mimeographed copy of the original resolution would be sent. H. Legal Opinion, PUDs - Mrs. Campbell asked for clarification of Attorney Korth's legal opinion concerning availability of public facilities and utilities to planned uni t developments, whether it applies to all PUDs or just in the Bethel-Danebo area. The Planning Director said that opinJ.'On was on a conditional use permit for a mobile home park and was a limited opinion, confined to that one instance, although it had been misconstrued by some to be a broad policg decision,. Mrs. Campbell said she feels other Council members should be concerned with it because it is quite signi- ficant if applied to PUDs. '.' It was Wlderstood Council members would receiVe copies of the opinion together with a memorandum from Mr. Korth as to its meaning so far as its general application. Manager recalled an instance of ill PUD request in the Chevy Chase area which was 'turned down because of unavailability of pU1jlic sewer. He noted that there were no funds or commi tment as to when SS>-ler funds would be ava.ilable. The Ci ty' s action was challenged in court on the basis of whether public service not being available is a reason for denying a PUD, and the court upheld the Ci ty , s denial. 45 2128/72 - 9 Comm 2/23/72 Approve Comm 2/23/72 Approve Comm 2/16/72 Affirm Comm 2/16/72 Affirm I - 1990 General Plan - Planning COmnUssion January 26, 1972 - The Planning COnmUssion after joint hearings with the Springfield and Lane County Planning COnmUssions recom- mended the City Council's adoption of the "Eugene-Springfield Metropolitan Area 1990 General Plan, 1971 Revised Preliminary, 1st Revised Edition," subject to the inclusion of: 1. The Errata Sheet to the "1971 Revised Preliminary, 1st Revised Edition" for omissions on pages 17, 44, and- 47 of the Plan; 2. The Metropolitan Area Plan Diagram - 1990; 3. The General Plan Co-ordinating committee's recommendation for an addition to paragraph 6, page 29 of the Plan as follows: ' .e: ~~ The 1990 Plan Diagram designation of Public Facilities - ;'Universities and Colleges" in this area refers only to the Community College. Any other development in the area would be in conflict with this Plan. Sub- sequent re-evaluations of the Plan should reconsider the appropriateness of this "rural" area designation for urban development based upon (1) the metropolitan area's need for additional or alternative growth area, (2) the physical, social, and economic relationship with the entire metropolitan area, and (3) the availability of a general purpose governmental entity with the financial and operati'onal mechanism to supply a "minimum level of urban services" - in essence the criteria for adjusting the "Urban Services Area. " 4. The addition of public hearing procedures in the Citizens' Participation Section of the Plan. The Manager said if it is agreeable at this time mechanics of consideration of the reco~ mendation could be discussed and whether a study session for complete review prior to public hearings would be desirable. Contact has been made with the County and, Spring- field and both indicate they favor joint hearings. If joint hearings are held and amend- ments are suggested, it would appear to be desi!able for joint co-ordinating committee of the three bodies to consider the amendments so that, if adopted, they would be acceptable to all three agencies. This would enhance the possibili ty of identical 1990 Plans. This process was fQllowed by the Planning Commissions in their deliberations; there was joint consultation by committees on amendments, so that all three Commissions were able to agree on one plan to go to the governing bodies. ..: -- Mrs. Beal suggested a tour of the actual urban service boundaries as proposed in the Plan. Mr. Teague concurred. Mr. Mohr asked if the recommendation for adoption came from the three Planning Co~ missions or from just the Eugene Commission. Manager replied it was from all three Comrrmssions. A quorum of the individual commissions was at the joint hearings, and this recommendation comes as a result of joint agreement. "Mr. Mohr asked, if an amendment to the definition "Public Facilities" is desired, whether it should be done at this time or await the public hearings. He said if an amendment is desired, it would not be objectionable for people finding issue to identify it at this time. He said he does not take the position that an amendment be adopted or unilateral posi tion taken until after complete testinony, but he would like to hear what people have to say. Manager said the possibility of reaching an identical document for Eugene, Springfield, and Lane County could probably best be attained by presentation of specific items at joint sessions; also joint sessions would preclude duplication of information. Councilman Mohr said the Council shoul'd hear comments in order to have a sense of the types of issues to expect at the public hearings, and be sensi ti ve to certain areas wi thout the Council's taking any particular posi tion or action at this time. Mr.Hersh- ner asked if camment to be made would be on merits of the Plan or upon the procedure for adoption. Mr. Mohr said it would be on the merits of Item 3 of the Planning Com- mission recommendation with regard to designation of public facilities so i that when the Plan goes to public hearing the Council would be apprised of points of fact that may be brought out at the hearing. He introduced Paul Hoffman, Oregan Research Insti- tute, who presented Council members with copies of excerpts from the 1990 Plan listing findings, goals, objecti ves and reaommendations wi th regard to general land use; let~ ter to the Lane County Planning Commissi,on from O~gon Research Institute with regard to the Institute's request f~ rezoning of property in the Lane Community College area; and presentation made- by Dr. Hoffman at the Januar:i 13, 1972 joint Commissions' helU:- ing on the 1990 plan. I I ~ I I I Mr. Hoffman sciid the Lane Community College Basin is particularly germane to the goals' as listed in the PLan of encouraging orderly conversion of land for urban uses and at the same time ptotecting those lands, best sui ted for non-urban type land uses. Be discussed the O~ Research Institute's acquisition of property in the Basin and its status as a non"p~ofit organization in r:elation to the position taken by some that the Institute's pu:tpose in locating in the Basin is for potential benefit which could be derived frOm development in that area. He denied the Institute's having any interest in the property other than as a site for the Institute. He also said that after ac- quisition of the property in the- Basin ror the Institute their attention was draTlfn to the 1990 Plan, and at that time it was ,rel tits goals were compatible wi th their pur- poses. But with the proposed amendment to allow no ~ther universities or colleges I. 46 2/28/72 - }JJ . in the area than the Lane community College, and with the Institute property outside the proposed urban services boundary, they feel they would not be able to provide for all facilities which would be required in the future for development of the Institute at that location. They still feel it is a university or college type development and an appropriate use for the area. He objected to the language in the amendment which specifies any other development in the area would be in conflict with the Plan be- cause it is too restrictive and would invite a type of law suit which would jeoPifi1:ize its adoption. He also objected to the wording "subsequent re-evaluations of the Plan should reconsider the appropriateness of the 'rural' area designation of the Basin" saying the Institute would be nervous about the type of development which ndght come about under that language. Ed Fadeley, attorney, spoke wi th regard to Item 3 of the reconunendation, saying if the amendment is adopted allowing only Lane Communi ty College in that area and denying other universities and colleges without guidelines or standards to deterndne whether certain uses would or would not be allowed, it would constitute unequal treatment. He said other uses are already in existence in the area, referring to the garden apartments, so that there is already development other than rural, and that if the standard to be used for prohibi ting further development is cost of extending publi c services, then the language should be changed to reflect that. He said the wording in the amendment would not prohibi t Lane Community College from expanding by building and renting to the Institute. . Mr. Hoffman said he would prefer to see the entire Basin in public domain if the in- tent of the Plan is to keep the Basin rural in nature, then the public could decide the uses to be permitted. He said the area will no doubt be developed but the lan~ guageof the Plan as now proposed will not prevent "urban sprawl ~ Mrs. Beal asked about the aJdequacy of the sewage lagoon, whether it would serve an indefinite period of time. The Public Works Director said certain contractual relation- ships exist between pri vate parties on the capaci ty of the lagoon, and the Ci ty has worked only with a consulting firm hired by the County to make alternate plans con- cerned wi th whether LCC would outgrow that lagoon. Mr. Fadeley said it is a matter of contractual rights to use of the lagoon between the LeC Board and the Institute, and the LCC Board has given the right to 3/7ths of the lagoon to the Institute through contractual arrangements in which the rights are shared by LCC, the garden apartments, and land to the west. He said he would mail copies of the brief having to do wi th that arrangement to Council members. In answer to Mrs. Beal, he said that basically the only City services the Institute needs are water and electricity. Mrs. Beal said she would like to have more information from the Public Works Depart- ment on the adequacy of the lagoon emd easements pertaining to its use. She said she fefJls location of the Insti tute in the BMin is an ezrcellent use for this particular area even though the 1990 Plan seems to prohibit it~illnd that it seems the question would have to be pursued as to whether the lagoon is adequate for :further development. Mr. Fadeley said there is lindtation on other development insofar as all the rights to the lagoon have been contracted for. . Councilman Mohr commented that questions of this nature should be covered at a publi c hearing. Mrs. Margaret Patoine said she is a member of the 1990 Plan steering committee and that there should be rebuttal to Mr. Hoffman.'s and Mr. F&deley's presentations, but Council- man Mohr ruled any further discussion out of order until pUblic hearings are held. It was understood the 1990 Plan would have public hearing at joint sessions of the Eugene and Springfield Councils and Lane Count!:1 Board of Commissioners wi th prior briefing sessions and possible tour of the boundaries. Comm 2/16/72 Affirm J. Collllli ttee Meeting, South Eugene High - Manager asked if the Council would accept an invitation to hold a committee-of-the-whole meeting at the South Eugene High School cafeteria to provide students there an opportunity to observe the Council at work. , ! I . ! Mrs. Beal questioned the acoustics; Mr. Glen Stadler, EWEB,' sa1dthere is a speaker systEi!lll. Mr. Teague commented that the general' public knows the Council normally meets at the Eugene Hotel and said he thi.nks i.f a special meeting were held it would be better than the regular meeting on Wednesday. Mrs. Campbell said she would be in favor of it if there ~as some assurance the entire Council would be' present. It was ll!1derstood Manager would investlgGilteplccommodatio11S and facilities before a commitment is made. . Comm 2/16/72 AffJ.'rm IC. 1990 General Plan Joint Hearin~ - Manager said Chairman Ken Om.l.id of the Lane County Commission suggested March 20, 21 p or. 22, 1972 for joint hearing of the 1990 General Plan. Council members present favored March 22 Md that date was tentatively set. ' Mrs. Beal asked if the ESATS plilln would be consi'dered before hearing the 1990 Plan or as a part of it. Mayor Anderson said the same rOZ'llldlt would probably bfl followed that the Planning Commission used, and that although the ESATS plan per se would not be a 4', 2/28/72 - 11 part of the hearing it would be a factor. The Planning Director said the 1990 Plan can be considered an "umbrella" which fits over all the individual local plans; there are qualified statements on ESATS in the General Plan but no details. It was understood that one conunittee meeting would be set aside for briefing on the General Plan before the hearings conunence. Comm 2/23/72 ALfirm .~ ~ v L. Resolution, World Citizenship (MundializationJ - Kevin Cape, member of the Interna- tional Co-operation Conunittee, reviewed the Comndttee's action in bringing this resolu- tion to the Council. The resolution would recognize Eugene citizens' right to declare that their citizenship responsibilities extend beyond the city and nation and pledge efforts as world citizens to the establishment of permanent peace based on just world law, and authorize the display of the United Nations flag on suitable t!Jccasions at City Hall. Mr. Cape said that adoption of the resolution would not en~ail expense to the City in displaying the UN flag, only authorize the International Co-operation Committee to 'do so. He cited reasons for joining the world citizenship movement (mundializationJ: The UN flag would be a reminder to Eugene people of strong support which should be given that organization, Eugene should be on record in saying that a world consciousness is an urgent necessity and a realizable goal, more public attention would be focused on the financial problems of the UN and the need for teaching foreign languages and affairs in schools at a time when interest seem to be declining, atten- tion would be focused on the problem faced by the Uni versi ty' s foreign students in the possible cutoff of funds from the State Legislature, and a method of revitalizing Eugene's Sister City Conunittee. Mr. Cape introduced Rev. Norman Leach of San Anselmo, California, executive secretary of World Youth Federation and advisor to the National Presbyterian Church on World Affairs. Rev. Leach distributed to Council members copies of a ,state tJj'f Minnesota statement on world citizenship. He explained the concept of "mundialization" and how it is beginning to be accepted in this country as a concept of citizenship on a global level in areas of economics and social, political, and idealistic issues. He reco~ mended adoption of the resolution on a local level as a model for recommendation to the state level. .; Councilman Williams wondered whether adoption of the resolution would conflict with statement already made that the Viet Nam conflict is not in the Council's sphere of responsibility. Rev. Leach replied that the Viet Nam conflict is only one world prob- lem~ ond that a global perspective is the aim of this movement. Councilman Williams, in answer to Mrs. Beal's question, said the people of Eugene indicated their position in the peace vote last year. Rev. Leach cOll'llllented that students at the 1l1igh school level are in agreement with the ideals but differ on techniques. Councilman Mohr said it would seem the resolution could be used as an educational tool and if;;;he trend of some citizens is toward isolationism then it would be even more vreasG~'. '2C) make more people aware of the international scene and how to fit into it. Mrs. Co.:.npbell A_:cifed seconded by Mrs. Beal that the proposed resolution be scheduled for public h3a~ing. Motijd carried unanimously. It was agreed that a pd)lic hearing on the resolution would be schaduled for the March 13, 1972 Council meeting. Comm 2/23/72 Affirm i I I [ . r I M. Amendment Dog Control Ordinance - The proposed amendment would make the owner or person in charge of a dog responsible for keeping it from running at large. The present code does not pinpoint the responsibility. Also, a quarantined dDg would have to be kept out of contact with animals or people. The owner would be responsible for the cost of confinement, whereas, now if the dog is confined at the Humane Society facility the cost has not always been collectable. At the present time if a dog has rabies there is no way the C>>Iner can be forced to keep the dog confined where it cannot come into contact with other animals or people. Councilman Hershner questioned the wordi~g of Section 2 saying he thought it would be difficult for an owner to keep a dog on the premises so as not to come in cbntact with any other animal or any person. If a dog does bite someone, the only way to comply: would be to send it to the Humane Society facility ,or 'keep it: caged in the home where there may be other animals or people other than the owner. I Mrs. Beal said an owner might be completely unconcerned if a dog is rabid and sug!lested some addi tion might be' made to the amendment to ensure, that premises where a dDg is confined are adequate. Manager said the dog control officer in following up on a biting incident would make sure the dDg is confined in a safe place or take kt to the Humane' Society since that authority is i.p the existing code. Councilman MoDonald asked for definition of the term "running at large." Manager said the present code provides that "at large" means off a leash or outside a fenced area. Complaints'with regard to dDgsrunning loose are referred to the Lane County Sheriff's office which provides control service to the City on a contractual basis. . Mrs. Beal said she thought the ordinance was changed to provide a dDg could b!}J under voice control of the owner. Mayor Jlnderson replied that it was felt voice control is not sufficient. Furt:her discussion centered around length of time for confinement in relation to tests for rabies, and metbod of testing for rabies ~ 2/28/72 - 12 48 It was understood the amendment would be considered on the public hearing agenda at the February 28, 1972 meeting. (See C.B.9597 page 14.) Conun 2/23/72 Affirm . N. Library Grant - A memorandum from the Librarian was noted in whi ch she said the- Library received a Title I Grant under the Library Services & Construction Act in the amount of $6,879.00. The Grant will allow one Federal dollar for every local dollar and should provide an excellent selection of records and microfilm for the new Art and Music section when it opens. Conun 2/16/72 File O. LCAA/Council Meeting - Council members were reminded of the scheduled meeting with the Lane County Auditorium Association on Friday, February 18, 1972, at 3:30 p.m. in the McNutt Room Conun 2/16/72 File p. Noise Pollution and Distribution of Project Status Report - Mrs. Beal called atten- tion to Dan Sellard's article in the February 20, 1972 Register-Guard with regard to different levels of noise in the Ci ty. She asked the status of a proposed decibel ordinance for enforcement of the recently adopted noise ordinance. Manager distributed copies of a status report on various projects including decibel regulations. Staff re- view indicates there is no decibel information readily available from other ci ties which could be upheld in Court and suggested retaining a consultant, if funds are available in the 1972-73 budget, to develop decibel levels for Eugene. . Councilman Williams commented on efforts at the National level to arrive at standards for measuring decibel levels which might serve as a basis for local efforts. Mrs . Beal replied that the West Coast is ahead with regard to air pollution regulations in many techniques that are particularly applicable in this area, and she feels because of the Comm difference of opinion on measuring noise levels and air pollution, trying some method 2/23/72 of enforcement might be better than waiting for National law. File Q. Conflict-of-Interest Policy - Copies were previously distributed to Council members of conflict-of-interest statement adopted by the Planning COmnUssion: Each voting member shall be entitled to vote at all regular and special meetings except that a member shall not !IOte when there is a conflict of interest; i.e., when the action to be taken can confer a significant economic benefit or impose a significant economic loss on the individual member. Where there is such a conflict of interest, the member should identify it immediately and not take part in any discussion or voting. If a member wishes to abstain in a situation where there is no direct pecuniary conflict of interest, but where the public might cOnstrue that such a conflict exists or if a mamber has a conflict deriving from his re- lationship with the person involved, then he may ask if he may abstain. If other members say "no" he must vote. This provision is intended to relate to close relatives and to professional relationships as well as to friendships. I I . Councilman Mohr suggested that in consideration of adoption of like statement of policy to be included in the Council bylaws the staff should be asked to prepare a brief statement on period of time for a challenge by a ci tizen inferring a conflict of interest. Manager commented that no action of the Council could take effect for the period of time set if it was subject to a challenge. Mrs. Campbell asked whether this was meant to apply also to EWEB. Mr. Mohr said they were free to adopt their own rules 'of procedure as the Planning COmnUssion has. Mrs. Beal said she thinks any conflict-of-interest recommendation should apply to all City boards and comnUssions. Conun 2/23/72 File NO action was taken. I I I I I I I ~L . I I I I I I ! Mr. Mohr moved seconded by Mrs. Beal that Items A through Q be approved, affirmed, and filed as noted, including delaying to March 27, 1972 the IKT appeal hearing (Item D) and approving further reappointments and appointments announced by Mayor Andersm at this meeting. Motion carried on rollcall vote, all councilmen present voting aye. IV - Liquor License Applications - New 'A. Excelsior Cafe, 754 East 13th - James and Arthur Pearl RA Restaurant Class A B. Gay 90's Tavern, 365 Coburg Road - Marion P. and Genevieve Joy Nixon RMBC - Retl3.il Malt Beverage Class C Both applications were approved by the Police Department Mr. Mohr moved seconded by Mrs. Beal to recommend approval of the liquor license applications. Motion carried unanimously. 4~ 2/28/72 - 13 ORDINANCES Council Bill No. 9591 - Vacating utility easement east of Hughes Street between Pattison and Avalon (Geo. Pyle) was submitted and read the first time by council bill number and title only, there being no councilman 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 number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill w'as read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the council bill be held (see page 39, Item Bl). Motion carried unanimously . Council Bill No. 9592 - Vacating Bufton Street north of West 11th Avenue between Wallis Street and Bertelsen Road (Geo. Wingard' was submitted and read the first time by council bill number and title only, there being no councilman 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 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. 9593 - Vacating portion Dillard Road at Snell Street (Gary Parks) was submitted and re~d the first time 'by council bill number and title only, there being no councilman present re- questing 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 council bill be held (see page 39, Item B3). carried unanimOUSly. . Motion \. Council Bill No. 9594 - Vacating easement Lot 11, Block 4, 1st Addition to Cow Palace (Jeppeson Acres Road west of Norkenzie) (Barker) was submitted and read the first time by council bill number and title only, there being no councilman present requesting it be read in full. ~l!', MtJhr n_l.Jved st1conded by p,lrs. Ileal that the b5.l1 be read the second time by council bill number only, uith tmanir.,:)I..'-B c:ms.-:m-;: of the Council, and that enactment be considered at this time. Motion carried unanimously and -che bill wa:; :r:oead the second tilr.e by council bill number only. Mr. Mohr r.:oved S""coi'Hled by Hrs. Beal that the bill be approved and given final passage. Rollcall vote. All council'len p:~sE'lnt voting aye, the bill was declared passed and numbered 16392. Council Bill No. 9595 - Vacating easement near Hawthorne between Fairfield Street and Baxter Street excluding south 25 feet (Sorgenfri) was submitted and read the firsttime by council bill number only, and title only, thel"S being no councilman present requesting it be read in full. Mr. Mohr tnoved 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. 9596 - Vacating easements Lots 13 and 18, Pine Ridge Estates north of Mahalo Drive (Dills) was submitted and 1l!lad the first time by cOWlcil bill number and title only, there being no councilman 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 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 s,econd 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 16394. , - Council Bill No. 9584 Amending Code re : Terms of EugeBe Water & Electric Board Directors (Sec- tion 2.180) to prevetlt term shorter than for which elected, was submitted and read the firSt time on Febrq.ary 14, 1972, and' lacking Wlanimous. consent for' second reading by council, bill number only, was held over to this meeting. ' Mr. Mohr moved seconded by M~. Beal that the bill be read the second time by council bill number only, and that enactment be considered at this time., Motion carried. Mr. Mohr moved seconded by Mrs. Beal that the bill b.e approve,d and given final passage. Rollcall vote. All CQWlcilmen presen~ voting aye, the bin w~ declared pass~d anc;l numbe~d 163~5. ' Council Bill No. 9597- Amending Dog Control Ordinance re: Confinement. responsibility for running at large, was submitted and read the first time by council bill number and title only, there being no councilman present requesting it be read in fulL .' _I I 50 \ f I I I I i .' I, I I I I I I I 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. Manager read the rewording of the ordinance by City Attorney which will prohibit contact of dog with any person other than its keeper or agent of the Humane Society. Motion carried unanimously and the bill was reaq the second time by council bill number only. ", " , Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Motion carried unanimously and the bill was declared passed and numbered ~. Council Bill No. 9598 - Calling hearing April 10, 1972 re: Vacation alley between 7th and 8th Avenues from Olive Street to'the east (Jacobs/ERA) was submitted and read the first time by council bill number and title only, there being no councilman 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 number only, with unanimous consent of the Council,anrl 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 numbere:l16397. Council Bill No. 9,599 -CaHin ghearing April 10, 1972 re: vacat, ion of easement on Lot 22" Blqck 7~ 1st Addition Pine Ridge Estates (Dills) was submitted and read the first time by council bill number an~ title only, there being no councilman present requesting it be read in full. ' I , 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 unanimously and the bill was read the s~cond time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and gi ven final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered ~. Council Bill No. 9600 - Levying assessments for paving, sanitary and storm sewers within Lakecrest Subdivison (71-29) was submitted and read the first time by council bill number and title on~y, there being no councilman present requesting that it be read in full. I I I I i I ! i j I / I I I i , I . I Mr. Mohr moved seconded by Mrs. Beall that the council bill be held over to the March 27, 1972 Council meeting to allow proper notice of assessment to be given owners of affected properties. Motion carried. RESOLtn' IONS Resolution No. 2016 - Calling hearing March 13. 1972 re: Withdrawing from Oakway Water District the Smith property north of Bond Lane west of Norkenzie Road, annexed to the City, was submitted. Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No,. 2017 - Transmitting to Planning Conunission requests for various zone changes and setting hearing before t};1e Planning Commission for March 14, 1972, was submitted. Mr. Mohr IIPved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried. all councilmen present voting aye. Resolution No. 2018 - Transmitting to Planning Commission requests for various zone changes and setting hearing before the Planning Commission for March 7, 1972, was submitted. Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried, all councilmen present voting aye. Resolution No. 2019 - Authorizing payment of bills and claims, February 15 to 28, 19,72, was s~- mitted. Mr. Mohr moved seconded by ,Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried, all councilmen present vbting aye. , , Resolution -No. 2020 - Transmitting to Boundary Commission annexatimof G;reen property, east of Centennial Boulevard north of Kins Row, was submitted. Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried, all councilmen px-esent voting aye, except Mr. Hershner 'abstai:ning. i I I . I I' I I I I I i , I , I Upon motion duly, made, seconded and carried, the meeting was adjourned~' ~~ " ',', I'.' , . , , , ..or-', " Hugh. McKinley City Hanager- - . C:"1 ~), 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. ; . Manager read the rewording of the ordinance by City Attorney which will prohibit contact of dog with any person other than its keeper or agent of the Humane Society. Motion carried unanilllOusly 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. Motion carried unanimously and the bill was, declared passed and numbered ~. Council Bill No. 9598 - Calling hearing April 10, 1972 re: Vacation alley between 7th and 8th Avenues from Olive Street to'the east (Jacobs/ERA) was submitted and read the first time by council bill number and title only, there being no councilman 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 number only, with unanimous consent of the Council,anrl 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 HI's. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numberml6397. Council Bill No. 9599 - Callin ghearing April 10. 1972 re: Vacation of easement on Lot 22" Blqck 7 i 1st Addition Pine Ridge Estates (Dills) was submitted and read the first time by council bill number and ti tIe only, there being no councilman 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 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 b-ill 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. 9600 - Levying assessments for paving, sanitary and storm sewers within Lakecrest Subdivison (71-29) 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. Beall that the council bill be held over to the March 27. 1972 Council meeting to allow proper notice of assessment to be given owners of affected properties. Motion carried. RESOLlITIONS Resolution No. 2016 - Calling hearing March 13. 1972 re: Withdrawing from Oakway Water District the Smith property north of Bond Lane west of Norkenzie Road. annexed to the City, was submitted. Mr. Mohr JOOved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2017 - Transmitting to Planning Commission requests for various zone changes and setting hearing before ttle Planning Commission for March 14, 1972. was submitted. e Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried. all councilmen present voting aye. Resolution No. 2018 - Transmitting to Planning Commission requests for various zone changes and setting hearing before the Planning Commission for March 7. 1972. was submitted. Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried. all councilmen present voting aye. Resolution No. 2019 - Authorizing payment of bills and clalms. February 15 to 28. 19,72. was sub- mitted. Mr. Mohr moved seconded by ,Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carrled. all councilmen present vOting aye. . Resolution No. 2020 - Transmitting to Boundary Commission annexatimof Green property east of Centennial Boulevard north of Kins Row. was submitted. Mr. Mohr moved seconded by Mrs. Beal that the resolution be adopted. Rollcall vote. Motion carried, all councilmen present voting aye. except Mr. Hershner 'abstaining. Upon motion duly made. seconded and carried, the meeting was adj oumed~ . . ~,.,., , r77J "//'- Hugh McKinley City Manager r' 1 'OJ"