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HomeMy WebLinkAbout03/13/1972 Meeting - COlIDcil Chamber Eugene, Oregon March ;L3, 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 March 13, 1972 in the COlIDcil Chamber with the following cOlIDcilmen present: Mr. Mohr, Mrs. Beal, Messrs. Teague, McDonald, Williams, ahd Hershner, and Mrs. Campbell. I - Public Hearings A. Resolution 2021 - Recognizing World Citizenship (MlIDdialization) was submitted. Mr. Mohr moved seconded by Mrs.R~al~o ~dopt-the'iesblution. Kevin Cape, chairman ,of the subcommittee of the International Co-operation Committee pro- posing the resolution, urged the Council to consider the resolution not in the light of its denying the principle of holding American citizenship, but as holding that right and expanding upon it. He said the reasons for proposing the resolution are: It will serve to lIDite Eugene with other cities around the world and make contacts easier; flying the United Nations flag will remind the community to support the United Nations; attention will be drawn to the grave danger of losing the foreign student program because of legis- lative action; and it will serve as a basis for revitalizing the Sister City program. He said the resolution is not a solution in itself but is a beginning. Charles Strong, 1655 Prospect Drive, reviewed the history of the International Co-operation Committee and its activities in furthering international lIDderstanding. He asked approval of the resolution to symbolize recognition of responsibility to promote international good will and co-operation. . Albert Leinbach, 1950 Orchard Street, a member of the World Without War Council, working with the subcommittee presenting the resolution, said world peace will not come without effective political action. He asked approval of the resolution as a step in turning away from narrow provin6ialism and extending thinking to allegiance to a world commlIDity. He said it can serve as an effective and dramatic gesture for political education among the citizens of Eugene.- Clayton Brandt, 2087 Alder Street, favored the resolution as a step toward accepting re- sponsibility to see that United States resources are used to profit and benefit all people of the world, not only in a manner considered beneficial today but also for the future. LeRoy D. Owens, 2262 East 15th Avenue, supported adoption of the resolution as reaffirma- tion of recognition of international brotherhood. He cited it as an example to make the entire State more closely tied to the international commlIDity. Shirley Hulegaard, 1710 West 28th Avenue, :opposed adoption of the resolution. She said it is a verbatim copy of one adopted by the state of Minnesota in 1968. She said the United Nations Charter has been found subversive and lIDconstitutional in Alabama, and that elected officials should carefully consider this resolution before reaching a deci- sion since they are acting on behalf of the people of the City who have not been consulted. e A Mrs. Jeppeson said it is not the Council's responsibility to adopt this resolution and suggested study of the United Nations Charter. William Haslin, 1816 West 17th Avenue, said the United Nations was conceived by communists, organized and controlled by commlIDists, and asked the COlIDcil members to vote against this resolution. Councllman McDonald asked the status for an individual who is a "world citizen." COlIDcilman Williams said the legal definition of a "world citizen" is irrelevant because the speed of transportation and cbmmlIDication makes one a world citizen regardless of laws. He said the United Nations may be less than perfect but unless the peoples of the world want to resolve their differences through warfare, there is little choice but to say that it is vital to act as part of a total world and work toward satisfaction of all objectives rather than a limited few. He said if there is a trend in Eugene to withdraw from that kind of commitment, then he feels it is vitally important that this COlIDcil tell the people of Eugene that they are part of this world. . COlIDcilman Hershner expressed concern for the possibility that the resolution could be used as encouragement for citizens to actually not abide by the laws of this country, state, or city. He said the language does not actually so state and he realizes it is not the intent of the people presenting it. He said he is willing to give endorsement, but with the lIDderstanding that it would never be used as an argument in court or poli ti- cally that this Council in endorsing it condoned a person's taking a stand against the law. He cited as an example non-payment of Federal income tax. Councilman Teague referred to proponents' argument for adoption of the resolution as the "first step" or "beginning," and asked for clarification of what they are initiating. ..;c;. 3/13/72 Mr. Leinbach said it is a step in terms of beginning to look at the idea that people are in fact world citizens and an educational program to make citizens aware of their world citizenship. Ruth Cal;'!?,on, chai~man of the International Co-operation Committee, said the r~solution is the culmination of two or three years work and, in evaluating it as a symbolic ges- ture, the committee had in mind the sister city program. They would like to encourage that work, especially the scholarships provided Korean children; also, United Nations Day observation, and the foreign students program. She said instead of the awards for international co-oper~tion this year they were considering putting emphasis on out- standing foreign students at the University of Oregon and Lane Community College., ,e Mayor Anderson compared the resolution to the Equal Opportunity ordinance adopted by the City in its setting pUblic policy for human rights. He said it focuses attention on responsibilities to peoples in other sections of the world. That it brings about rededication by those involved in international co-operation, giving them a'mission and objective knowing City policy is one of supporting their activities. He shared Council- man Hershner's concern on interpretation but said he feels the Council can adopt it without fear of that happening. Mrs. Campbell said making decisions on behalf of the people of Eugene is one of the Council's responsibilities. Mr. McDonald said that he would abstain from voting unless there is an answer to his question wi t,h regard to definition of "world citizen." A vote was taken on the motion to adopt the resolution, and motion carried, all councilmen present voting aye, except Councilmen Teague and McDonald abstaining. . B. Levying Assessments Council Bills No; 9589 and 9590 levying assessments for various paving and sewer projects were sUbmitted for second ~eading and approval (see action under Ordinances on page 61). C.B;9589 - Levying assessments for paving, sanitary and storm sewer within Malabon West Subdivision (71-25) C.B.9590 - Levying assessments for paving, sanitary and storm sewer within 2nd Addition to Bennett's Subdivision. (71-30) Manager read a letter received from School District No. 52 protesting assessment for sewer in 2nd Addition Bennett's SUbdivision. Ray Ackerman, director of auxiliary services for the School District, said in addi- tion to the reasons for protest listed in the letter - the sewer is of no benefit to the school since any future building on the site will connect to sewer on Candle- light Drive, and an assessment has already been levied against this property for sewers - it was felt this assessment would amount to double taxation in that people are supporting the School District through payment of taxes and at the same time is in error since the property cannot gain service from this sewer. - '--. Public Works Director displayed a map of the, area served by the sewer and said the standard assessment procedures were used. He said the only alternative would be,to prorate the School District's assessment against the entire subdivision which would be contrary to present policy and to the City Charter. He said the School District was approached for right-of-way easement which was denied unless it was agreed the assessment would be waived. The easement was obtained from owners of adjacent properties. Director said the actual cost assessed amounted to $3,747.09 whereas the estimate was $5,017.42. Manager said the question of benefit to pUblic lands has been raised many times in the past, and it is believed that any sewer system is a benefit to proper.ty_-r.egard- lessless of the current use of that land; at some time in the future; use of that land may change thereby utilizing the service. In response to Mrs. Beal's question, Director said there is no paving abutting School District property at this time; when the paving is done it will be assessed. Councilman Teague 'asked Mr. Ackerman if the School District understands the informa- tion as presented to the Council. Mr. Ackerman said they were aware of the assess- ment procedure, but that they were not notified prior to their budget preparation that this assessment would be levied. School District 52 does not utilize Bancroft- ing, he said, and there is no money provided in this year's budget to pay the assess- ment unless it is taken from their emergency fund. . l. - l' a..j 3(13(72 " . Mr. Teague asked if there is any other w..ay of financing and whether the School District's share must be paid this year. Manager said there are two alternatives - relieve the School District of its assessment and spread that cost among all other properties served by the sewer which will require refiguring the entire assessment, or the City could assume the cost for the School Dis- trict's assessment having people throughout the City pay for that portion. He said either method would be a change in' existing policy; that the full amount does not have to be paid this year, that the City can sell bonds to pay for the construction which can be returBed to the City over a ten-year period. If application is made to handle in this manner, the first pay- ment is not due for six months, and the loan does not obligate the District for the full ten- year period since the balance can be paid at any time. He said agencies are notified when possible of planned construction projects, and in this instance School District 52, by letter dated May 27, 1971, advised they would grant a right-of-way for the sewer if the assessment were waived, so it wofuld appear they were aware at that time the project was under discussion. In answer to Mrs. Beal, Public Works Director said the subdivision requiring the sewer was put in by one builder and the sewer was constructed in accordance with the design plan. There was further discussion with regard to standard procedure for assessment for sewer construction. Director in answer to Mr. Hershner ,said there would be no duplication of area assessed' for this sewer and for the sewer on Candlelight Drive. C. C.B.9501 - Withdrawing from Oakway Water District the Smith property north of Bond Lane west of Norkenzie annexed to the City (see action under Ordinances on page 52}. II - Items Considered with One Motion. Previously discussed at committee meetings on March 1 and March 8, 1972. Minutes of those meetings appear below printed in italics. . A. Amend Code Sec. 7.210 re: Segregation of Assessments - In order to segregate prop- erty and sell a portion it is necessary to separate any assessment applying to that portion severed so liens can be cleared. Normally, the lien on the portion severed must be paid in cash to allow the buyer to get a clear title. This pro- cedure is creating some problems for the 10th and Oak Overpark assessment in the resale of land, and the Renewal Agency has asked for an amendment to apply only to the Overpark assessments which will allow the lien to be transferred with the change in title. It is proposed in the adoption of such procedure that the City would review to make sure the value of land is sufficient to cover the liens transferred. There appear to be no problems, and it is understood the change would apply to no other assessments such as for paving, sidewalks, sewers. Manager said it is also suggested that the ordinance provide that the Council may, by resolution, adopt a schedule of fees for processing an assessment segregation. At the present time it is costing about $25.00 for each request which should not 'be at general public expense. (See C.B.9602 on page 52 and Resolution 2023 on page 5 3 .) Corom 3/1/72 Pub Hrng .' , ' B. Amend Code Sec. 4.755 re: Indecent Exposure - The amendment would more clearly define "public place" by adding the words "or in view of a public place" to over- come problems encountered primarily in prosecuting cases in Municipal Court. The present wording could mean that the acts described would only be in violation on publicly-owned property. The change would include private properties open to the publi c or in vi ew df the general publi c. Councilman Williams said he recalled in going through revision of the Code where there was a deliberate oaUssion with regard to a person on private property being viewed by the general public because it was felt a person undressing in his own home should make his own decision whether to pull a shade to prevent being viewed by the public generally. City Attorney explained that the proposed ordinance would still require,a "willful" act. The problem arises in a situation when a person on his own property intentionally and willfully exposes himself to people going by on a sidewalk. Under the present ordinance a person 'in that situation could not be prosecuted. e: Coucilman Williams questioned the line between what a person ,wants to look at and what is illegal for one to look at. He asked why, if it is proper to enact a law making it illegai to commit what may be offensive acts toward some,it is not proper to enact legislation requiring maintenance of property which aUght be offensive to others. City, Attorney said there are some limits on the appearance of property, and that limits on visual pollution are being recognized increasingly. The proposed amendment, he said, is not for the purpose of arguing the desirability of the regulation; it is to make clear whether there is or is not a violation. There are some enforcement problems with the present ordinance, it being essentially the same offense for an act committed in a "public Place" or on private property in view of the public generally. (See C.B.9603 page 52.) Corom 3/1/72 Pub Hrng C. Amend Code Sec. 4.725 re: Disorderly Conduct - City Attorney explained that in addition to more clearly defining the term "public place" the addition of the words "or on preaUses extended to the public for use" in Section 1 Subsection (2) 54 3/13/72 would bring the code into conformity with recent V.S.Sul?reme Court decis-ion. It is not intended to prohibit' use of obscene language as such, but only when used in a manner calculated to stir someone to conduct which would disturb .the peace. Councilman Williams questioned use of the word" calculate" wondering 'how ,to de- cide whether any words were the outgoing of thoughts or whether intentionally said to give an opportunity to retaliate if he is hit. City At~orney said the type of language in the present ordinance has been the subject of an inordinate amount of litigation and this amendment is an attempt to give a clearer defini- tion to rerrove the difficulty encountered when going to trial. -- "'-..-. Councilman Hershner wondered whether it would be advisable to extend to 'the word "gesture" the same language restriction applied to the woi:d ,"-language." It was agreed the comma following the word" language" and the words "make an obscene" would be deleted. Mrs. CamPbell said for the record it should be noted that the establishment "Gentlemens' Retreat" is outside the City limits. , (C.B.9604 page 62.) Comm 3/1/72 Approve D. Planning Comndssion Report - February 21, 1972 1. Annexation York/Bendix property on Sarah Lane north of Crescent Avenue (0.5 acres) - Planning comndssionrecommended denial of the petition. In its consideration the Planning Comndssion asked that it be determined whether by consent enough property could be added to close the gap across the north of an unincorporated area thereby creating an island which could be considered for unilateral annexation. This was not accomplished by voluntary action of property owners ~ The Boundary Comndssion does have authori ty ,to expand the, area included in an annexation request if they deem it proper. Good plan- ning indi cates the area should be in the Ci ty, but annexation of these two lots would not accomplish that unless the Boundary Comndssion is willing to increase the area being considered. Hence the reluctant recommendation to deny the requested annexation. . Councilman Williams suggested the recommendation sent to the Boundary Comnds- sion be for approval if the whole area is included, for denial if only the two lots are considered., (Res.2032 March 27,1972 minutes.) Comm 3/1/72 Approve 2. Vacation Jessen Dri ve between Bel t Line Road and west boundary of Irving- dale Subdivision (City) - The City initiated the vacation request because this portion of an undeveloped street is in the path of an SCS drainage Comm ditchpro.ject. Vacation does not ,appear to hamper access to properties being 3/1/72 developed, and the Planning Comndssion recommended approval. (C.B.9606 PagefQ )Approve 3. Vacation alley between 7th and 8th Avenues from Olive Street east, Jacobs/$RA- This vacation is proposed to allow property between 7th and 8th and west of the north/south alley to be combined for development as a unified parcel under the renewal plan. The Council has agreed to co-operate wi th the Agency in steps necessary to the redevelopment program. Moving publicly-owned utilities would be part of the project cost, but cost of moving privately-owned utilities would not be eligible for participation in the project. Under franchise agree- ment with the telephone company, those costs would be billed back to the phone company. (Hearing on this vacation request was scheduled for April 10,1972 at the February 28, 1972 Council meeting.) . Comm 3/1/72 Approve E. Abatement 3815 Willamette (Piller) - The Building Department reports that efforts since April 1971 to schieve rehabilitation or removal of the building at this address have been unsuccessful. One building has been partially destroyed, materials are strewn about the property creating a fire hazard, and because of general deterioration it is recommended, a public hearing be called to consider abatement. Mr. Williams moved seconded by Mr. Mohr to call a public hearing to consider the abatement. Motion carried unanimously. (See Resolution 2024 page 63.) Comm 3/1/72 Approve F. Sidewalks" Dunn School Area (South Willamette) - Mrs. CamPbell said parents in the Dunn School area are concerned about lack of sidewalks on the west side of Willamette resulting in children crossing Willamette at 36th or 37th on the crest of the hill where the traffic si tuation is con$idered dangerous. She asked for a progress report on what is being done in that area. Public Works Director said individual property owners are being contacted to see whether they favor construction of a sidewalk or the alternate proposal of re- moving parking from the west side of Willamette and installing a pedestrian way between the present curb and the street. Responses ,have not been ,received from all those contacted. He said the City does not have necessary right-of-way for sidewalk on th? west side and the installation would be difficult because of the steep bank. '. ~~ <:,: 0,..), 3/13/J2 ) " - Cauncil.man williams said be' th:i.nks this is a logical area in which to. aperate a schaal safety patral and wandered why the Schaal Baard is appased to. that kind af safe can duct . Manager said this lias been discussed a 'number af times with the schaal administratian and he understands the decisian as to. partici- patian in the schaal safety patrals is left ,to. the indi vidual schaal princi- pals. Generally they are nat in favar af this type af resalutian. Mr. Williams said because af the cast in damage to. the area far new sidewalks ar barriers in the street, seriaus cansideratian shauld be given to. use af schaal safety patrals and asked if the Schaal Baard cauld be cantacted to. can- sider that passibility. Mrs. Campbell said in canversatian with the Dunn Schaal principal it was discavered that parents abject to. havdmg ll-year ald schaal children anpatral because af the fast dawnhill traffic in that area. She said there is no. arganizatian cannected with the schaal to. wark with. It was understaad the staff wauld contact the Schabl Administratian and raise the questian regarding use af school bay patrols. . G. Resalutian Supparting H.R.11950, Intergavernmental Fiscal Ca-ardinatian Act - Mayar Andersan asked the Council's endarsement af a resalutian in support af legislatian which is naw being considered by the House Carrmrittee on Ways and Means under the chairmanship af Wilbur Mills. Mr. Andersan said the National League af Cities has pledged support af the legislatian which pravides far a fi ve-year pragram making $3.5 billian available to. lacal gavernments and $1.8 billian to. be distributed among the states based an urbanizatian and number af low~incame families. He stressed the impartance af the legislatian since it appears to. be the anly revenue sharing bill which is apt to. be enacted this sessian. It will pravide funds directly to. the ci ties and counties rather than. coming thraugh the states. Mrs. Campbell asked if it is the same asendarsed by the League af Oregan Ci ties. Manager replied that this bill has been put tagether since the League meeting, and al tho. ugh the principle is the same it is nat the same pragram. The original resalution was signed by ,the Co. unci 1 members individually, and it was understaad a copy wauld be sent to. each of the members of the Hause Carrmrittee an Ways and Means and the Oregan delegatian. H. Raam Tax Allacatian - Mrs. Campbell 'asked far a camplete financial repart an allacatian afroam, tax receipts, an autline af pracedure far requesting funds fram raam tax receipts far the purpase af determining whether ar-:' ganizatians receiving the funds meet standards and palicies af the comndttee, and clarificatian af the fiscal year used ,by the corrmri ttee. Manager said the fiscal year daesn't have much bearing an allacatian af that maney since the incame is greater than the allacatian. e Mrs. Campbell said there is questian aflapse af time between applicatian far funds' and time the check is sent to., the arganizati'on. Assistant City Manager said if reference is to. the last discussian an this subject, theraam tax carrmrittee' s . understanding an that particular arganizatian' s request was that it was requested same seven ar eight manths priar to. the time needed, sa they did nat call a meeting to. cansider that applicatian. He said the camndttee is'prepared to. meet 'with any bana fide applicant upan a request far prampt actian, athezwise applicatians are handled rautinely. Further discussion revealed guidelines have been set up and applicatian form to request funds prepared, and that the procedure for determining eligibili ty is pro. vi ded in the Charter amendment. Mrs. 'Campbell asked what pracedure is followed when asking for supplemental funds, and Manager said the same pracedure is fallawed. . I. Selectian' af Council Member :(>Gribskav Vacancy) - Cauncilman Mahr reminded ather Cauncil members that first reviewaf applicatians far the Cauncil pasi tian recently vacated by Ivan Gribskav is scheduled far Wednesday, March 8, 1972,ait 11:00 a.m. in the Mayar's affice. Manager said applica- tians will be reviewed after taday to. be sure af legal eligibility and then they will be duplicated and mailed to. Cauncil members far review priar to. the Wednesday meeting. J. 1990 General Plan Hearing - Manager said the Wednesday, March 8, 1972, ca~ mittee meeting will be set aside far briefing sessian af the'1990 General Plan. He said March 22, 1972 appears to. be a sui table date far Lane Caunty Commissian and Springfield Cauncil far jaint hearing af theP lan. Sa it is scheduled far 7:30 p.m. an ,that date. ,. ~) t) Camm 3/1/72 Affirm '- Camm 3/8/72 Affirm Camm 3/1/72 File Camm 3/1/72 File Camm 3/1/72 File 3/13/72 K. C6riflict";"6f";'Interest 'P6licy- Councilman .Mohr said he understood from material he gathered on the subject of conflict of interest one of the important considera- tions is the possibility of jeopardizing passage of legislation or of that al~ ready adopted because of a citizen's claim that a Council member had a conflict of :interest at the time he voted. He cited zone changes which could be chal- lenged where a Council member might have a direct financial interest, and that an ethical challenge would be appropriate if a conflict is discovered. He read the policy statement of the Planning Commission and suggested adoption Eor the Council bylaws a similar policy indicating to some extent those cases where conflict might exist. -- Manager said that it would seem thf'! only challenge which would jeopardize an action of ' the Counci). wpulq be if the vote by a member were illegal, and that the fact that a member voted on a matter on which he should not have ethically done so does not make it illegal. State law covers members having pecuniary interest in a City 'contract. If a contract were awarded in that situation and his vote were the deciding vote, it might be the basis for challenge. He said the problem seems to be political rather than legal issue if a vote is chal- lenged simply because it is unwise or immoral. He said the possibility of this type of challenge would seem remote. ~Councilman Williams said he thought the Charter is specific with regard to this issue so far as a Council member is concerned; that he cannot act in any area in which he has a personal interest. Definition of "personal interest" was discussed. Councilman Mohr said he is not suggesting a binding requirement, only establish ment of guidelines for. individual conduct. He said for example any attorney becoming a member of the Council has a definite. ethical rule governing the exercise of his vote, and that he feels other members of the Council should have some guideline for conduct. . Councilman Hershner said he would not like. to see the Council have a rule where the moral or ethical judgment of the Council would be a restriction on the individual. A member would not be free to abstain if he thought he could not have the col,lective judgment of the Council decide. He said also he doubted whether a matter would be corrected by bringing a political conflict of interest to the attention of the Council. Mayor Ande!sonsaiq that several times since he has been on the Council he has consulted the City Attorney for interpretation of whether a conflict existed. By so doing he felt it also gives some degree of legal protection. Councilman Williams referred:.to the strict legislation governing the executive branch of the Federal government wi th regard to 'confli ct, and filing of de- tailed statement of assets to avoid any conflict in actions taken. He said something on this order may be needed since Council members are involved in a variety of things throughout the communi ty, but members should have the pri vi lege of pointing out any conflict they feel exists and not vote if the Council does not want him to. On question from Mr. Mohr, Councilman Williams said the ideal model would be if each Council member filed with the City Attorney a list of what he is involved with, but in Oregon this would then be a public docu- ment, whereas at the Federal level such a listing is between only the person filing and the legal department. He said he doesn't think any public official should be required by law to explain personal affairs to the public which could become a "poli ti cal football." . Further discussion centerf'!d on how to determine items which could be considered in conflict and the public's right to have knowledge of all of a member's per- sonal affairs. Also, whether responsibility for determination of conflict should rest with the Manager or Attorney. Manager said problems normally encountered are not legal but are ethical from the standpoint of involvment in an issue before the Council, and that the policy followed by the Planning Commission seems adequate. Mr. Williams agreed and said so far there has been no abuse and that he feels the Charter clearly specifies where a member cannot vote. He said if one's position is used for personal gain in rezoning issues then they should be subject to penalty. Mrs. Campbell favored adoption of some guidelines similar to those used by the Planning Commission and cited the example of Councilman Mohr who although he doesn't have an economic interest in the University it is his place of employment, and she wondered whether he was to abstain from discussing certain issues having to do with the University. Manager said the generally accepted solution to that is if the individual asked to vote has a position whereby he is able to infl uence the course of the person invol ved or the Uni versi ty as a res ul t of . ~)'I "://7 ":}/7,) his vote he should abstain; othenzise, he can be pe.rmitted to vote. Generally a person in that situation will be able to make his own decision as to whether to vote. - Planning Director commented on the difference between the Planning Conmrrs- sion and the Council in that the Conmrrssion members are appointed and Council members elected. He said planning activities involve matters requiring certain skills thereby bringing to the Conmrrssion people who are more apt to have confli cts . Manager said there is a reverse twist too, since a Council member may jeopardize his position with his employer if he votes contrary to what his employer thinks. Mrs. Campbell suggested a hearing might be helpful in order to determine the public's attitude on the subject. She mentioned application of such a policy for other boards and conmrrssions, and said it was previously discussed in regard to EWEB because of the bearing a Water Board member's interest would have on making a dee-sion with regard to providing water services. Mayor Anderson said in that case, as with the Council, members are elected and voters would render the decision if there is confli ct. Mrs. Beal replied that since EWEB members do not file a list of properties there is possibili ty that a confli ct is not known by the voters. e Mayor Anderson said before a public hearing is called there should be some proposal people could speak to. If the Council feels there should be some legislation to meet this problem, then a proposal should be submitted for hearing rather than having a thetorical exercise of general discussion. Mrs. Campbell said she thought Mr. Mohr's suggestion to adopt a policy state- ment similar to the Planning Conmrrssion's was a concrete proposal. Mr. Mohr said his idea was to see if there is a problem; once it is identified then a proposal could be drafted, but he said he is not sure a problem has been identified yet. Mr. Williams said rules governing senators and congressmen at the Federal level make conflict of interest a matter between the legislator and his con- stituents, that there are no legal requirements. Mayor Anderson suggested the minutes of this discussion be tagged for future reference so that it could rest for the time being. Mrs. Beal asked if the City Attorney could prepare a model for discussion for some agenda not too far in the future. Mr. Mohr said in view of not having any problem identified it would appear not to be practical and sug- gested the discussion be continued later. Comm 3/1/72 File - L. Laurelwood Club Lease - Manager said nothing has been heard from Mrs.Johnson since a copy of Manager's memo to the Council with regard to continued opera- tion of Laurelwood Club was mailed to her. He said the City's position is the same, that unless the City is provided with substantial reason o/hy an extension is necessary there seems to be no reason to allow it. A deadline has been established and neighbors are aware of it. Councilman Mohr commented on the contradiction between Mrs.Johnson's state- ment and the City's about her understanding wi th regard to continuing the operation' with an earlier closing time. She claims she was never offered, the opportunity to continue the operation if she agreed to close at 1:00 a.m. The City claims this was thoroughly discussed and that Mrs. Johnson said she could not operate unless the club stayed open until 2:30 a.m. Manager read the Parks Director's memo reviewing the meeting between the Parks Di- rector and Mrs. Johnson and her attorney. Mr. Mohr said it appears to be a matter of offering her the opportjnity to continue operation with a 1:00 a.m. closing time or continuing the deadline for termination of the lease. In answer to ques tion from Mr. Williams the Manager said the same problem exists, there has been no improvement. . Mayor Anderson ruled Mrs. Campbell's question out of order with regard to use of the building for senior citizen activities, saying the issue under consideration is determining whether a nuisance exists and whether the lease should be extended or left in effect. Mr. Mohr reviewed the history of complaints received from the neighborhood and the extension of closing time to 2:30 a.m. granted by OLCC. He concluded the only proposition which could be offered would be in the 1:00 a.m. closing hour if it caused no problem and if Mrs. Johnson agreed to that kind of settle- ment. Manager said extension of closing time to 2:30 a.m. increased an al- 08 3/13/72 ~ ready existing problem, and that he fel.t the problem should be resolved once and for all. He said there doesn't appear to be a need for that .type of serv- ice in that area and elimination of the club will not handicap the communi ty although it is recognized it will handicap Mrs. Johnson. Comm 3/1/72 File Manager, said in answer t.o Mr. Mohr.'s question ,that the ,Laurelwood lease would expire on April 10,' 1972. And that a ~hange' of ownership of ~n establishment having a liquor li- cense must be approved by the Oregon Liquor Control Commission. -- M. Meeting re: Closure Por.t1and at 30th - Manager announced a me~ting. scheduled to further d1.sCUSS closure of .Portland Street at 30th Avenue. The meeting will be held on Thursday, March 16, 1972, at 7:30 p.m. at Francis Willard School. Comm 3/8/72 File N. 1990 General Plan - James Pearson"president of the Eugene Planning COmnUssion gave a brief history of the Plan from the time of the first Plan Advisory Com- mittee'meeting in 1968 to the present time. He said the greatest change in the draft presented at the first public hearings is the result of the change in concept of' grow.th and of the entire area of t.ransportation. He said an extensi ve land inventory of the urban area was taken and it was found an ex- cess of industrially zoned land exists, considering development to the year 2050. Also, there iss,ufficient undeveloped land zoned' for residential use of all densi- ties to' satisfy the projected' population growth for 50 years wi thout expanding present areas to which urban services have been extended. Approximately 40% of all land zoned for residential use at the present time is unimproved. , - , Mr. pears'on said that as a iesu~t ',of, the analysis of development of the, com- munity it was concluded that urban, sprawl which was developing was detrimental to livability and very important with regard to tax monies expended for public facilities which 'were not being used through development of land. Also, revi- sions of the plan were made after the public hearings based on wri tten compila- tions of testimony, which will be made available to the Council, and an oppor- tunity was given to 're-evaluate specific areas of the Plan. A co-ordinating comnU ttee was formed comprised of two members from each of the three planning commissions (Lane County, Springfield, and Eugene) with the objective of compar- ing changes suggested by each, cOmnUssion in an attempt to reach agreement on a single plan which could be adopted by each corrunission. Concern wi th regard to adoption of a single plan stemmed from experience with development in the Willa- kenzie area and the adoption of an interim plan, resulting in divided opinion between the County"and City relative to land uses in that area. Mr. Pearson said the co-ordinating corrunittee process was very successful resulting in agree- ment on revisions at the cOmnUttee level which were recommended, to the individual comnUssions. Then in a final series of public hearings one plan was adopted by the three corrunissions .He recommended this procedure in deliberations by the County COmnUssioners, and Eugene and Springfield Councils in the hope that an identical plan will be adopted by the three jurisdictions. . Howard T. Bonnett, member of the Eugene Planning Corrunission, read definitions of the proposed Urban Service Area (USAL and said it was included in the Plan Diagram. He said it was crucial and a cornerstone to the Plan, and is the actual geographical area in which a minimum level of services would be available. There is also a projected USA which is the estimated geographical area in which a full range of services will need to be provided to accommodate development at any future point in time. Mr. Bonnett said the USA is a flexible concepti there is criteria in the Plan for its adjustment. It is hoped through the USA to achieve preservation of prime agri cul tural land and development of undeveloped areas for compact growth and utilization of public facilities which would not otherwise be used efficiently. It would also make urban mass transit more economically feasible. . Mr. Pearson described the transportation, element. He said the ESATS (Eugene- Springfield Area Transportation Study) plan, prepared by professionals, was in- cluded in the 1990 Plan arid guidelines of that plan followed until the time of the first public hearings. Then it was found the ESATS plan was the most criticized element of the General Plan. As a result the transportation element is the most changed and revised from its initial publication by the Plan Advisory COmnUttee. He said in his opinion the ESATS plan was conceived and formulated in the best technical sense at the time it w.as put together, but because of the changes in attitudes toward growth and transportation elements and as a result of the public hearings, different conclusions were reached. As a result there will be an en- tire restudy of the transportation element. . Bill Sugaya, planning staff, reported on the Citizen Participation element of the Plan, and referred to it as a long process of attitude changes. He said the Plan should be viewed as a process subject to change and not as a static Plan. He said it is recommended for annual review with a major updating on a five-year basis. It i~ also recommended that a citizens corrunittee be established to act in an advisory capaci ty in implementing the plan and keeping it up to date. ',1j \,J \:} 3/13(72 . Planning Direct~r pointed out the Urban Service Area and fringe areas on the Dia- gram Plan. Also, the low density area (1 to 10 units per acre), medium (11 to 20 units), and High (over 20), and the agricultural area which it is hoped will be protected. He pointed out the dividing lines between the rural areas outside the Urban Service Area and said the ,Plan tries to identify what could take place in those areas. He pointed out schools, colleges, and other institutional uses in the Diagram, and desired transportation routes for which, he said there are no specific recommendations until re-evaluation of the ESATS plan. He said when the Plan is adopted the Diagram Plan and major elements of the General pJ:an will be made avail- able through wide circulation to all citizens of the community. Manager said probably the chairman of the Lane County Commission will preside at the joint hearing scheduled for March 22, 1972, and determination of the pro- cedure thereafter will depend upon what develops at that session. It is assumed a brief presentation will be made because of the many hearings held on the Plan in substantially its final form before the Planning Commissions. . Councilman Mohr questioned whether the Plan would be adopted in the form of an ordinance and wondered how zone changes would be obtained after its adoption. Also, if the Plan could be challenged in the courts. Ken Battaile, County plan- ning staff, said the Springfield Council plans to adopt by ordinance, and the County, by order. Planning Director said the Plan is a framework document, and can adjust and accommodate small variations. It is not like a zoning ordinance. Mr. Pearson replied that as long as procedural aspects were followed in adopting it, once it is adopted zoning changes must be made in conformance with the Plan. If cri teria for zoning decisions are wrong or if zone changes are inconsistent with the Plan, then the Plan should be changed. Mrs. Beal asked if there is any way to control use of the industrial areas; that is, if an undesirable industrial use is contemplated in an industrial zone, can that use be denied. Mr. Pearson said it cannot at the present time as long as the use is consistent with the zoning in existence. It can be controlled through the zoning ordinance. Planning Director said there are performance standards in the present zoning ordinance, but State standards would supersede the Ci ty' s. He said a review could be made of zoned land not consistent with the Plan and revisions suggested if this Plan is adopted, but that can only be done on a firm basis which would be this document. In answer to Mrs. Beal's question with re- gard to rezoning areas where there is an excess, Planning Director said using the PLan as the base there is more chance of changing zones in certain areas. e Councilman Hershner asked if amendments would be required to bring the present zoning ordinance into conformity with the Plan. Planning Director said without doubt amendment would be required later; it doesn't automatically change and re- zoning would have to go through the hearing process before the Council. He con- firmed Mr. Hershner's statement that if a use fits within the present zoning ordinance and not within this Plan, it-can go ahead. Mrs. Campbell asked if consideration has been given to reassessing vacant lands wi thin the Ci ty, because of the tendency to hold land on' a speculati ve basis. Mr. Pearson said it has been considered, but would require legislation at the State level. Mrs. Beal asked if the Urban Service Area accepts the current zoning. Planning Director said it does in most cases, but there are some areas such as industrial where other uses are being suggested. Basically it reflects the present zoning, except that there are some medium density areas where there are none now, and along arterials there is some strip development which it is hoped will be clustered. Councilman Mohr asked how the Council should respond to amendments which will be requested. Mr. Pearson answered that the Planning Commissions made no at- tempt to reach a decision during the hearing process; no motions were made. In that respect the co-ordinating commi ttee concept worked very well. Any changes recommended were worked out during work sessions, which were public, and when agreement was reached at, the commi ttee level, the revised Plan was reintroduced before all three Commissions. . Mr. Mohr recommended working out a procedure making that a ground rule' for the hearing before the governing bodies. Manager suggested that the County Commission chairman'and the mayors of Eugene and Springfield meet prior to the hearing date to deCide what procedural ar- rangement should be followed, bringing a recommendation back to each governing body. Mayor Anderson said he would like to see some degree of permanence to a Ud 3/13/72 I -; co-ordinating comrrdttee. Mr. Pearson said he thinks the three Planning Comrrds- sions unanimously consider the co-ordinating commi ttee concept an important tool. He feels an unstructured committee to meet as needed would be the most beneficial. Councilman Williams asked what standards were used to arrive at the number of units to determine residential densities. Mr. Pearson said there has to be some classification of the low-medium-high density residential areas so people can understand how to plan the use of their properties. Low densi ty means 1 to 10 units based on individual valuation of individual parcels consistent with a study of that particular land in relationship to the community. It doesn't mean the same number for every development. He described what could happen in medi um and high densi ty areas, and said the single-family detached house will always be avail- able. More than 20 units designated high density because that number would make extremely crowded condi tions, and those areas will be found only near the Uni versi ty and the central bUSiness district to be consistent with transportation objectives of moving people as little as possible. . Mayor Anderson said he would like to have input from the public at the hearing scheduled March 22, 1972, and if there are further questions from the Council he would rather have them now than at the hearing. There were none, and the Mayor expressed appreciation to Mr. Pearson and others for their presentation. Comm 318172 File O. County Income Tax and Auto License Fee Increase, Primary Ballot - Manager said the County Commissioners have taken steps' to place the l~% income tax measure on the May primary ballot. He said it is very important that this Council and other local' governments in Lane County establish procedure for explai'ning uses proposed for the money. He said there should be 'as wide understanding as possible of the proposal, otherwise it would be a useless gesture to put it on the ballot. The same applies to the motor vehicle license fee measure. The League of Oregon Cities has advised there will be no state-wide campaign. He said the time ele- ment makes it necessary for this Council to determine very soon how to provide that information to the communi ty. . Mayor Anderson said the Council is on record as endorsing the posal so has the obligation of getting the public's support. accepted that a public hearing would not be advantageous. income tax pro- It was generally Comm 318172 File P. Resolution No. 1935, Peace Vote - Manager announced a letter was received from Senator Mark Hatfield acknowledging his receipt of a copy of the resolution on the anti-war vote. Comm 318172 File Mr. Mohr moved seconded by Mrs. Beal to approve, affirm, and file as noted Items A through P. Rollcall vote. All councilmen present voting aye, motion carried. III - Liquor License Applications were submitted as follows, approved by the Police Department: Carl's Restaurant, 2360 West 11th - Lesser privilege and adding wife's name Requesting RMBC, now RA - Robert E. and Irene Kelly . Serchic, Inc. ,2657 Willamette Street (formerly Black Forest) Change of ownership, requesting RMBC - New owners Steve Serticand Randy Chick Mr. Mohr moved seconded by Mrs. Beal to recommend approval of the applications. Motion carried unanimously. ORDINANCES Council Bill No. 9589 - Levying assessments for paving, sanitary and storm sewer within Malabon West Subdivision (71-25), submitted and read the first time on February 14, 1972 and held over to this date to allow proper notice of assessment to be given owners of affected properties. 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. Mot4on carried unanimously and the bill was read the second time by number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage.Roll- call vote. All councilmen present voting aye, the bill was declared passed and numbered 16399 . . Council Bill No. 9590 - Levying assessments for paving, sanitary-and storm sewers with- in 2nd Addition to Bennett's Subdivision, submitted and read the first time on February 14, 1972 and held over to this date to allow proper notice of assessment to be given owners of affec~ed properties. Written protest was received from School District No. 52 (see page 53). ti1 3(;1.3/72 Mr. Mohr moved seconded by Mrs. Beal that the council bill be read the second time by council bill nurriber only, ,.wi th unanimous consent of the Council, anQ. that enactment. be co:nsidered at this time. Motion carried unanimously and the bill was read the second time by ,number only.. . Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16400 Council Bill No. 9601 - Withdrawing from Oakway Water District the Smith property north of Bond Lane west of Norkenzie Road annexed to the City, was submitted and'read by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the council bill be read the second time by council bill number only, with unanimous consent of the Council', and that 'enactment be considered at' this time. Motion carried unanimously and the bill was read the second ,time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final pas$age. Rollcall vote. ,All councilmen present voting aye, the bill was declared passed and numbered 16401. Council Bill No. 9602 - Amending Code Section 7.210 re: Segregation 'of Assessments was submitted and read the ,first time by council bill nurriber 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 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. Bea~ that the bill be approved and given final, passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16402. Council Bill No. 9603 - Amending Code Section 4.755 re: Indecent Exposure was submitted and read the first time by council bill number and title only, the~e 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 16403. . Council Bill No. 9604 - Amending Code Section 4.725 re: Disorderly Conduct 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 16404. Council Bill No. 9605 - Amending Code re:Fire Safety (adding Section 8.008, deleting Section 8.025), was submitted and the first time by coun,cil bill number and title only, there being no councilman present requesting it be read in full. It was explained the intent of this amendment is to move the paragraph to its proper place in the Code. There is no change in the wording. 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 16405. Council Bill No. 9606.- Calling hearing April 24,1972 re: Vacation Jessen Drive (City) was submitted and read the first time by council bill number and title only, there being no council- man 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 cons i<iered at this time. .Motion carried unanimously and the bill was read the second time by council bill number only. tl2 3/13/72 Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and g.fven final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16406. Council BIll No. 9607 - Construction of sanitary sewer on Brew,er Avenue from Gilham Road to Norkenzie Road 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 se.conded by Mrs; Beal that the bill be read the second time by council' bill -numb'er 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. ,M ohr moved seconded by Mrs. Beal that the bill be approved and givenfinal passage. Rollcall vote. All councilmen 'present voting aye, the bill was declared passed and numbered 16407. Council BiJ.l No. .9608,~ Adopting plans and specifications for construction of sanitary sewer on Brewer.Avenue, from Gilham Road to Norkenzie Road 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~on?idered at this time. Motion carried unanimously and the bill was r~aa. the sec0I~d tI.Hle"?y~courl.cil'?{ll number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be apprved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16408. RESOLUTIONS .~ Resolution ,No. 2022 - Realignment of Ward Boundaries was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, the resolution was adopted. Resolution No. 2023 - Setting fee ($25.00) for application for segregation of assessment was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, the resolution was adopted~ Resolution No. 2024 - Calling hearing March 27, 1972 re: Abatement 3815 Willamette Street (Piller) was submitted'. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, the resolution was adopted. Resolution No. 2025 - Authorizing microfilming of public records, was submitted. At- the request of Councilman Mohr, the resolution was read. . Mr. Hershner asked if the authorization to microfilm' certain records will require new equip- ment. Manager said the City already has equipment and that the authorization covers those records which are legally required to be retained. Mr. Mohr moved seconded by Mrs. Bealto adopt the resolution. Rollcall vote.' All councilmen present voting aye, the resolution was adopted. Resolution No. 2026 - Transmitting to Planning Commission for public hearing on April 11, 1972 consideration of "interim density limitation" in hillside areas for one year, was sub- mitted. In answer to Councilman Teague, Manager said this resolution permits a public hearing before the Planning Commission for consideration of establishment of density levels for properties' on hillsides of 15% or more slope. The Planning Commission expressed concern with regard to densities in hillside areas and at the extremities of City services, and felt that prior to granting planned unit developments which would result in dense residential development in those types of areas, more study should be given and a general recommendation made. The public hearing will allow determination as to whether a moratorium should be recommended until more study can be given. In Answer to Mrs. Campbell, Planning Director said the Planning Commission feels a hearing is needed with regard to densities in order to get the feelings of citizens in that particu- lar area of the City. . Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, the resolution was adopted. 3/13/72 03 Resolution No. 2027 - Authorizing payment of bills, claims, and progress payments for the period February 28 to March 13,1972, was submitted. -e Councilman Hershner asked about the item of carwash racks at the Airport. Manager explained that when lease rates at the airport were negotiated with car rental agencies and the return to the City was increased, it was agreed that part of the money would be used to build them a storage place for their ,rental cars and a covered area for washing them. \ In answer to Mr. McDonald, he said all of the bills will be paid within the 1971-72 budget. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, the resolution was adopted. Upon motion duly made, seconded, and carried, the meeting was adjourned to Wednesday, March 22, 1972, for General Plan hearing, and to Monday, March 27, 1972, for regular Council meeting con t in ue d. . ~7 /~(' Hug McKinley City Manager . . 04 3/13/72