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HomeMy WebLinkAbout03/27/1972 Meeting Council Chamber Eugene, Oregon March 27, 1972 Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from the regular meeting held March 13, 1972 and continued to March 22, 1972 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on March 27, 1972 in the Council Chamber with the following councilmen present: Mr. Mohr, Mrs. Beal, Messrs. Teague, McDonald, Williams, and Hershner, Mrs. Campbell, and Mr. Bradshaw. . I - Plaque Presentations Mayor Anderson presented engraved plaques to the following upon their retirement from various City activities: Ivan Gribskov - City Council Rev. Lemuel McKinnie - Human Rights Commission John Stafford - Planning Commission Plaques will be mailed to: Mrs. Ralph Carlson, Library Board Dr. Norman Pott, Human Rights Commission Mrs. Sam Reynolds, Sr., Human Rights Commission Arthur C. Johnson, Human Rights Commission Larry Carter, Human Rights Commission Mrs. Don Siegmund" Human Rights Commission II - PUBLIC HEARINGS A. Appeal, International King's Table, 25 Silver Lane International King's Table is appealing the Sign Code Board of Appeals decision denying use of flags at this location as part of the exterior decor in violation of the Sign Code. . Richard Cleveland, attorney representing iKT, appealed the decision on interpretation of the ordinance in terms of whether the ordinance applies in this instance. He showed slides of the building with and without the flags, and said it is a question of taste- ful decoration and statement of free nations of the world rather than advertising. He submitted petitions in favor of use of the flags, as well as color pictures, and referred to the Council's recent adoption of Resolution 2021 declaring World Citizenship. Councilman McDonald said the Board of Appeals decision was made prior to adoption of the World Citizenship resolution, and that it could be recognized by flying the flags. Councilman Teague expressed concern about use of national flags for advertising where banners and pennants have been banned. Manager said it appears to be a question of whether the flags are used for advertising to gain attention or as decoration. Mrs. Campbell noted that the World Citizenship resolution provides that United Nations flag may be flown at City Hall, not to permit flags in others areas. She favored re- moval of the flags, saying the building is more attractive without them. . Councilman Mohr moved seconded by Mr. McDonald to refer this matter to the Planning Commission for a more specific definition of the intent of the ordinance governing flags, pennants, banners, etc., and recommendation of standards in distinguishing between flags used for decoration and flags used for advertising. Councilman Mohr said in making his motion he was asking for more preclslon in the definition to allow determination whether the flags are for attracting attention or are patriotic and de corati ve . Councilman Bradshaw said the flags do attract attention to the building and that there would seem to be a question whether this is an appropriate place to fly national flags. Mayor Anderson said the Sign Code prohibits signs or banners of any kind which are not for identification purposes only. Councilman McDonald said in view of change which has taken place since adoption of the Sign Code it would be better to refer the whole question to the Planning Commission for analysis. Mrs. Beal said she would be interested in whether the Planning Commis- sion considers the flags in question are decoration or advertising. .. Councilmen Hershner and Williams called attention to their not having entered into the discussion, and both said they would refrain from voting because of conflict of interest. 75 3/27/72 - 1 WI Manager asked for clarification of whether the motion meant to refer the appeal to the Commission or is a request for better definition of the ordinance. Mr. Mohr said he would ask postponement of a decision on the appeal and refer the matter of definition to the Commission. In further clarification of what was being sent to the Planning Commission, the Building Superintendent read Section 4.6F of the Code to which Mr. Mohr referred. Mayor Anderson said he would deny the appeal because it is the Council's determination of what it seeks in proper signing in the community. He recalled lengthy debate at time of adoption of the language in the Sign Code and said it is possible the Council will have to make aesthetic judgment as to what constitutes a sign. Vote was taken on the motion as stated. Motion defeated, Councilmen Mohr, Beal, and McDonald voting 'aye; Councilmen Teague, Campbell, Bradshaw, and Mayor Anderson voting no; Councilmen Williams and Hershner abstaining. Mr. Mohr moved seconded by Mrs. Beal to deny the International King's Table appeal of Sign Code Board of Appeals decision on use of flags at 25 Silver Lane. Motion carried unanimously. j B. Abatement, 3815 Willamette Street (Piller) Building Department inspection report was read recommending that the building be razed. (See Resolution No. 2036 page ~86.) . ,,-,~. ... C. Levying Assessments Council Bill No. 9600 - Levying assessment for paving, sanitary and storm sewers within Lakecrest Park Subdivision (71-29), submitted and read the first time on February 28, 1972 and held to this date to allow proper notice of assessment to be given owners of affected properties, was brought back for considerati~n with no written protests on file. Mr. Mohr moved seconded by Mrs. Beal that the council bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be appro-ved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16409. D. Rezoning Reque~ts - Planning Commission Report March 7, 1972 Recommended for approval by the Planning Commission. Council Bill No. 9609 - Rezoning to R-4 area 'at 1148 and 1154 Ferry Street (formerly C-2), Knox, was submitted and read by council bill number and title only, there being no councilman present asking 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 bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was de- clared passed and numbered 16410. Council Bill No. 9610 - Rezoning to C-2 SR area at southwest corner of 27th and Oak (formerly R-l) Baker, was submitted and read by council bill number and title only, there being no councilman present asking 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 passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16411. Council Bill No. 9611 - Rezoning to RG SR area at 2094 Roosevelt Boulevard (formerly M-2) Morgan, 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 bill be read the second time by council bill number only, with unanimous consent of the Council,' and that the 'it) 3(27(72 = 2 Planning Commission at time of site review make a requirement that the weeping willow tree which buffers the apartment houses from industrial area be left on the site, and that enactment be considered at this time. Motion carried unani- mously 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 16412. - ,..... Council Bill No. 9612 - Rezoning to R-2 SR area at 60 and 86 Fairway Loop (formerly R-l) Spliid, 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 enact- ment 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 giyen final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16413. Rezoning recommended for approval by the Planning Commission, with final passage held until approval of planned unit development Council Bill No. 9613 - Rezoning to R-2 PD and RP PD area east of Coburg Road and south of Willakenzie Road (formerly RA) Manley, was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. , Councilman Williams said R-2 zoning was previously denied on approximately the same area on grounds the property was more than 150 feet from an arterial. He asked on what basis this area is being rezoned. He .said if this particular area was originally planned for R-2, and if there are sizeable areas not originally intedned to be R-2, why would it not be proper to cut back on what was originally Flanned because it would be more than could be accommodated. Planning Director said this area is designated R-2 in both the 1990 Plan and the Willakenzie Interim Plan which is not true of other areas in the Coburg Road area. He .said the area to the east of this is already R-2, and if there is to be any increase in density it should be close to Coburg Road, schools, major shopping centers, and other facilities such as applies in this instance. 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, .Motion carried' unanimously and the bill was read the second time by council bill numberd only. . Mr. Mohr moved seconded by Mrs. Beal that the council bill be held pending approval of planned unit development. Motion carried unanimously. Council Bill No. 9614 - Rezoning to R-2 PD and R-l PD area south. of Harlow Road and east of Cherry Drive (formerly R-l) Potampa, 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. 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 pending approval of planned unit development. Motion carried unanimously. Rezoning recommended for denial by the Planning Commission 1. 1555 West 18th Avenue -_ Request cha~ge from R-2 to R-2 (Hiatt) Petitioner requested the rezoning to allow construction of additional facilities at the west end of existing apartment houses. 2. Southeast corner Washington and Broadway - Request change from R-3 to C-2 (A.L.Mock) - Planning Commission feels this area should be preserved for resi- dential use. 3. Southeast corner Norkenzie Road and Minda Street - Request change from RA to R-l PD and R-2 PD (Richard Miles) ..:", ,'/"- Mr. Mohr moved seconded by Mrs. Beal to uphold the Planning Commission recommendations and deny rezoning on Items 1, 2, and 3. Councilman McDonald questioned denial of the rezoning request on Norkenzie and Minda in view of the number of units allowed on property on Bond Lane nearby. Councilman '/ / .3/27/72 - 3 V.fJ ' ( . ~ Hershner also questioned the apparent inconsistency and asked about the status' of arterials in the Willakenzie area, Planning Director said the Planning Commission recognized the inconsistency in its action, but it is the result of the Commission's not liking the original designation of Norkenzie Road as an ar~erial and asked the staff to review procedures to allow greater densities on that street. It was agreed to include referral of this item to a joint session of the Planning Commission and Council in the original motion, making it read: Mr. Mohr moved seconded by Mrs. Beal to uphold the Planning Commission recommendation to deny Items 1 and 2, and refer Item 3 to joint session of the Planning Commission and Council. Motion carried unanimously. E. Bid Opening, Public Works Project and Bidder Paving and Storm Sewer Brewer Avenue from Gilham Road to Norkenzie Road Devereaux & Pratt, Inc. Benge Paving, Inc. Eugene Sand & Gravel Co. Wildish Construction Co. Projects, Opened March Contract Cost Basic Alternate 21, 1972 Cost to Abutting Property Cost to City Amount Budgeted $24,024.57 24,190.09 24 , 36 8. 80 24,451. 55 $23,622.64 24,132.00 24,283.20 24,421. 25 36' Pvg $13.86/ $ 909.25 Fr.Ft. Direct Stm $984.38 Completion Date: September 15, 1972 ,fj Storm Sewer In area between 16th and 17th Avenue between Olive and Willamette Shur-Way Contractors Kenneth R. Bostick Const. Wildish Construction Co. $ 2,107.20 2,132.00 3,130.00 $2,107.20 $3,200.00 (Engr.Est. $2,000.00) Completion Date: July 1, 1972 Mr. Mohr moved seconded by Mrs. Beal to award contracts to the low and alternate low bidders as noted on each project. Councilman Hershner asked about the $909.25 cost to the City on Item 1. Public Works Director explained it as the City's expense for intersection portion of the project. Rollcall vote was taken on the motion as stated. Motion carried, all coUncil- men present voting aye. II - Items Considered With One Motion. Previously discussed at committee meeting on March 15, 1972. Minutes of that meeting'> appear below printed in i tali cs. . A. Fire Fighters Contract - Manager distributed copies and read a memo from the Per- sonnel Director concerning result of arbitration on the contract with the Inter- national Association of Fire Fighters, Local 851. He recommended permission to sign the contract (for period ending June 30, 1973) be granted. Councilman Williams asked wi th reference to the statement "Union membership will be a condition of employment only for those who have voluntarily become members" whether a member is obligated to remain a member or will no longer be permi tted to work for the fire department if he wi thdraws. Manager said there is a two-week period once a year in which a member may withdraw. Councilman Mohr asked the Manager's iIflpression of the "final offers" system of arbitration. Manager 'said some problems experienced in the whole process may not be attributable to the "filial offers" procedure. Staff has some qualms about the City's paying all of the costs of arbitration in that it may remove motivation for bargaining in good faith. He said the procedure has created a good deal of interest nationwide. It was noted that Senator Packwood has written this procedure into a bill he has introduced on transportation, and that the arbi ters themselves do not care too much about not being able to nego- tiate. Further, that there seems to be no way of being sure that the final offers have anything to do with disputes unresolved during negotiations. . Mr. Williams moved seconded by Mr. Mohr that the contract with the Fire Fighters be signed. Motion carried unanimously. Comm 3/15/72 Approve B. Ridgeline Park and Reactivation of Joint Parks Conmrittee - Planning COnmllssion Report February 28, 1972 - Planning COnmllssion recommended approval of a Ridge- line Park proposal and reactivation of the Joint Parks COnmll ttee to develop physical and economic feasibilities for the proposal. Public hearing before the Planning COnmllssion has been set for April 11, 1972 (Resolution 2026 adopted b.y Counc:i,l on Mqrch l3r 1972) to cQntiider "interi,..m densit':! l:i..mi.tation" on hillside ti1ope!;i of 15% or lIDre for a one-year '/8 period. 3(27/72 - 4 " Comm Mrs. Beal moved seconded by Mrs. Campbell that the hearing be' held and the Joint 3/15/72 Parks Committee be reactivated. . Motion' carried unanimously. Approve C. Annexations Recommended - Planning COmnUssion Report February 28, 1972 1. K-Mart, Goodpasture Island Road and Delta Highway (approximately 18 acres), Coowalt Corporation . . 2. W. H. Shields property east of Valley River (Standard Oil Service Station and Firestone Store), l.l~ acres Manager explained these developments were kept outside the Ci ty and served by contractual agreement until development was completed and entered on tax rolls to gi ve the Ci ty maximum benefi t. It was recommended both reqliests' be trans- mitted to the Boundary COmnUssion for annexation. Mrs. Campbell asked if the signs of both establishments comply with the City's ordinance. Manager said it is believed they do. If they do not, there is a five-year amortization period. Planning Director said the K-Mart sign was built to meet the City's:Sign Code. Mr. Williams mdved seconded by Mr., Mohr to approve transmittal of the requests to the Boundary Commission with the recommendation that the properties be annexed. Motion carried unanimously. D. Request for Amendment Zoning Ordinance re: PUD Appeal Requirements - A letter was received from Richard Cleveland, attorney, requesting amendment to the zoning ordinance which would provide for appeal from PUD pre-preliminary deci- sion as is provided for preliminary approval. Manager suggested referral of the request to the Planning Commission for recommendation. Mr. Mohr moved seconded by Mr. Williams to refer the item to the Planning Com- mission for recommendation. Motion carried, all voting aye except Mr . Hershner abstaining. o Comm 3/15/72 Approve , Q~ -"~ Comm 3/15/72 Approve E. Alton Baker Park, Transfer City Ownership to County - Copy of County resolu- tion was presented covering agreement on transfer of City ownership in Alton Baker Park to Lane County. Councilman Williams, member of the commi ttee nego- tiating with the County, said essentially the County agrees to appoint a de- velopment advisory committee (one member to be nominated by the City) to be consul ted on all plans for the Park or any changes thereof, and that any proposed major plan changes will be presented to the Council. He recommended transfer of the City's ownership assuming the conditions are satisfactory and that other publi c ownerships wi thin the Park will be transferred to the County at the same Comm time. Manager said nomination to the advisory committee should be made, and 3/15/72 it was generally agreed that appointment of an elected official with staff help Approve would be preferable. Councilman Williams was named as the City's representative. F. Improvement Petitions - Recommended A. Paving north/south alley between B. Paving alley between 2nd and 3rd for Approval ~e)ak-c and High, 27th to 270 from Mill to Ferry (51%) Comm feet north (74%) 3/15/72 Approve . G. Council Minutes - January 24, February 14 and 28, 1972 as circulated. H. Appointments, Room Tax Allocation Committee - Mayor Anderson announced reap- pointment of Catherine Lauris, 1240 East 18th Avenue,' and Harold Thorin, 4455 Mill Street, to the Room Tax Allocation Committee for three-year term ending January 1, 1975. I. Primary Ballot Measures, County Income Tax and Auto License Fee Increase' - Manager said a decision is necessary with regard to' the City's position on measures on the May 23, 1972 primary ballot. He suggested a' subcommittee be appointed to review what can be done and bring a recommendation to the Council. It was understood Mayor Anderson will appoint a subcommittee~ Mrs. Campbell said she has a paper written by Fred Abraham concerning the County's proposed l~% income tax. It was understood she would ask permission to reproduce it for distribution to the subcommi,ttee. Approve Comm 3/15/72 Affirm Comm 3/15/72 Affirm Mrs. Beal asked whose responsibility it is to appoint the subcommittee referred to in Item I, and was informed it belongs to the Mayor. J. Ci-tizens Advisor;y<,Committ~efor Cr.iIilirial'Jqstiae Planning - Mayor Anderson announced that Lane Council of Governments has invi ted recommendations for membership on this l5-member advisory committee which has been formally estab- lished. He said no elected officials may serve and asked for suggested names to recommend. I n answer to Mrs. Feal, Mayor Anderson sai d attorneys woul d be des:i.:r:able on the co!JlID.i,.tteer but an!{c;me conce.:r:ned with cr.iminal jw~ti.ce planning sbould be considered. '/9 .; Co.mm 3/15/72 . File 3127172 -5 ~. ....- K. Financial Report,' RoOm Tax Allocati On - Mrs. Campbell gave the following report received from the Finance Department on allocation of revenues from this tax. Since initiation of the tax, total receipts are $280,877.00, including interest and estimates' through .June 1972. From that amount allocations have been made to the Eugene Chamber of Commerce - $58,260.00; Lane County Auditorium Association- $85,741.00; Administrative and ()~rational Expense - $18,248.00; and other cul- tural organizations - $25,700.00. She said she felt it would be well to enter it into the Council minutes for reference because she feels perhaps the distribu- tion is not quite what was originally intended. Mayor Anderson said, if the Council desires, the item can be discussed at any time or a meeting arranged wi th the Allocation Committee. Comm 3/15/72 File L.Bike Racks, HilyardStr$et Market, 17th and Hilyard - Mrs. lEal asked if there are regulations governing installation of bike racks. Manager said if they are installed on the sidewalk, they would have to be co-ordinated with the staff on the basis of a revocable perndt taking into consideration liability for damage or injury which might occur because of the obstruction. Mrs. lEal said Don Brooke, Hilyard Street Market at 17th and Ef lyard, requested permission to in- stall a rack ten days to two weeks ago and has not heard from it, and she wondered whether there are regulations prohibiting it. Also, whether a special design would be permi tted or if the racks must be uniform. Assistant Manager said work is in progress on standards for acceptable designs, that this request may be bogged down but it will be investigated. Comm 3/15/72 File , Mrs. Beal asked if anything was done with regard to the bike racks at the Hilyard Street Market. Manager said City is concerned about installations on the public right-of-way with regard to safety and liabil~ty, thus review of bike rack designs. On this particular re- quest, the design of the rack has been improved and the rack probably has been installed. Comm 3/15/72 File M. ~i'!.~~C?.<!.ucti on .!!.....er~ lBkeI:..!.. As.....~stant J:..ersonnel Directb~ - Manager introduced Mr. Faker, saying this is his first day as Assistant Personnel Director. N. Appointment,' Mul ti aiSplihaz'y I inpact S tildy Cotnmi nee, Highway 126 - Copies of a:-fetterwererecei ved-by Cooncil members from Jack L. Mattison, chairman of the Upper ~i.llamette Environmental Defense Council. Manager said the letter expressed concern that by faLlure to appoint the team as soon as possible there would not be time enough for an adequate study. He said the proposal for the team came as a recommendation from the Planning Commission and, after discussion, the Council authorized the Mayor to appointa team with the general understanding that until the makeup of the State's environmental team is known, method of procedure, and time schedule it would be desirable to wait to be sure the City's process is compatible wi th the State's. . Mayor Anderson said he has replied to Mr. Mattison's letter to the effect that he does not intend to make a recommendation to the Council as.to membership of the committee at this time. He pointed out that the matter was brought to the Council several times, that he had discussed it wi th several members of the Council informally, and it was fel t delay in appointing the team at this time is warranted. Mr. Mattison said the Defense Council's position is set out in his letter, He introduced other members present: Ralph Aldave, Alan Seder, Otto Poticha, and Allan Coons. . Mr. Aldave read the recommendation of the Planning commission as presented to the Council and said that recommendation was originally made by members of the Defense Council in attendance at public hearings before the Commission. Their concern embodied in this recommendation was that the S tate Highway Commission is comrrdtted to this route because of extensive planning and substantial mone- tary investment in acquisition of right-of-way. He said that public concern and expressions have changed since the route was set as evidenced by attendance at the Planning Comrrdssion public hearings, and that as a result it was felt this particular project should be thoroughly evaluated. He said the results of an evaluation sometimes are colored by the sentiments of the group doing it and that he feels the State Highway Comrrdssion is biased and is commi tted to this route. For this reason the multidisplinary group was recommended to study alternate routes or proposals for moving people, then making recommendations to the State, Planning Commission, and Council thus having some degree of objecti vi ty and to act as a counterweight to the State's actions. Mr. Aldave said the idea of appointing the local multidisplinary group was to have available for the Council as many viewpoints as possible, particularly if the group includes some expertise to answer any suggestions or allegations made by the State people, thus having expert opinions on both sides of the issue. r f there is agreement, then it is known there is consensus. He said there seems to be the opinion that what was intended was a City group to supply expertise t\u 3/27(72 - 6 to the State in those areas not already covered and that one report would result. Further, that that is not what the members of the Defense Council recommended originally nor the intent 'of the Planning Corrunission recommendation. He said the S tate has indicated it does not intend to study alternate routes and this mu1tidisp1inary team could bring out the reasons not only on this project but others 'to be linked to it. He sidd it seems unrealistic to study the impact of Highway 126 wi thout consideration of other sections which will be a part of it. f[ e urged the Council and Mayor to appoint this commi ttee immediately in order to have the information on possible alternate routes and the full 'impact of th~ project on the community. . '. , Mayor Anderson read Item 3 of the Planning Corrunission' s recommendation ~ee Decerriber 13, 1971 Council minutes). He said it was desirable that disciplines be defined before recommendations were made as to composi tion of the Impact Study Committee so there would be no special interest groups involved. That the committee would be given the full responsibility of establishing findings in fact and if it is going to conduct an objective impact study, to be conducted under gui de1ines of the Federa'l government, somewhere it would attempt. to make contact with the Highway Commission beca.use Highway 126 is a State project. He said it would seem impossible to launch a committee on any kind of objective study wi thout co-operation of the S .tate and Federal g'overnments. And that it is nei ther his" intent nor the Council's to delay the appointment of. the team to eventually forego an impact study. He said that he thinks the Council's con- cern was derronstrated through its liaison with the Planning Commission and there is no question that a mu1tidisp1inary team will be appointed; that the issue ap- pears to be one of timing and proper orientation by various parties invo1 ved in order to maintain some objectivity. He said he feels it would be unfortunate to launch a study -without background information and liaison with the Highway Department as it would subject committee merribers to pressures from individuals having certain position on the project so that facts not even pertinent to the question might be brought in. . I , t/ Mayor .Anderson sai d he has recei ved recommendations for membership of the impact study 'cornmi tte~ from. meJ7!bers of the Council nad has had several people volunteer servi ce, and that he has recommendati'ons pretty 'well i.n mind. These would be subject to whatever change or recommendation the Council might make. He reiterated his posi tion that he thinks the issue is one of timing so the governmental agencies can co-ordinate their efforts and come up with factual evaluations that will en- able decision making bodies to reach the proper conclusions. Councilman Williams said he thought it significant that the Council discussed addi tiona1 disciplines needed on the impact study team beyond those recommended by the Planning Commission - transportation, economist, structural and traffic engineers, con.tractor - predicated on an assumption they would be necessary in order for a team to intelligently evaluate the environmental impact and submit practi cal al ternati ves . Until it is known what expertise will be suppli ed on the State's team, he said, it would appear useless to appoint a committee unless an entirely separate group is set up which would duplicate the State's effort. Further, to say that the State has a biased commitment is virtuaUy a cha:r>ge of less than honesty on the pa:r>t of the State Highway Commission. He said he would hope the position never has to be adopted of establishing groups within the city watching the state, and the state watching the Federal government because it is felt they are less than honest or nefarious. . Counci man Mohr corronented that the only legis lation required to conform to so far as the impact study is concerned is Federal legis lation requiring that an environmental impact statement be approved and fOPWa:r>ded before expenditure of Federal funds. Mrs. Beal referred to the Clean Air Act. Mr. Mohr said there is no necessity to file impact statement in that case, but that what is trying to be developed a:r>e criticisms and analyses to be mqde available to the Commissioner of Roads. He sqid it seems the Defense Council is asking for a more. general analysis of total transportation system or of the ESATS plan or whatever is in- volved in the 1990 Plan. Further that when the Planning Commission recorronenda- tion was acted upon it was a request to deve lop an impact study on Highway 126 and not on Skinners Butte Expressway, or the ESATS Plan. He said the State must make a statement to the Commissioner of Rodds in order to have Federal funds, and it was feU at the local level in order to give a broader review and more general point of view that a citizens advisory committee should be created. He asked if the Defense Council's thinking is that this does not go fa:r> enough or is not as general as it should be. . Mr. A ldave said in putting the recorronendation to the Planning Commission the merribers of the Defense Counci l were not aUeging their merribers be erribodied as a pa:r>t of the committee, but they want aUJa:r>eness that there a:r>e realistic people with certain interests who are going to have feelings about a project of this nature. He mentioned the 1990 Plan and the objections to the urban service 81 3/27/72 - 7 boundaries by realtors. He said it 'Would be diffioult for the State High'Way Commission to study alternate routes beoause of the large oommitment in terms of monetary oosts~ but that the State has not disoussed social oost. This is the oost the City 'WiZZ have to bear~ he said~ so the City should have some report on alternate routes sinoe the State olaims they 'Will not. ~- Mr. Mohr said 'What the Council needs to know is 'What the Defense Council is proposing so far as making the multidisplinary -team's report to the Federal Commissioner of Roads~ and how to avoid the State's making a oase to the Commissioner. ii Mr. Aldave replied that before the oontraot is signed with the State on oon - struotion of Highway 126 it should be knawn that this is the appropriate route and whether there are alternatives. He said the Council has the authority to withhold oonsent and make known what is wanted~ giving the citizens some right to disouss alternatives to what has been planned sinoe 1950. Mayor Anderson denied the inferenoe that there wiZZ not be proper publio hear- ing on this issue~ saying preliminary disoussions make it obvious a publio hearing wiU be held before any oontraot is signed. If there are findings in faot whioh are not oorreot or there is bias involved~ that wiU be -brought out in publio hearing. He said what reaUy is being done is foUawing a format adopted by the Federal government and making looal expertise input as effeotive as possible to go into a statement whioh oan be utilized. This oannot be done if a oommittee is appointed without faots with whioh to work and without 00- operation with the State Highway Department. The Highway Department is now busy with projeots in the Portland area so it oould be a matter of some months before they get to this projeot. He said he feels it 'Would be a grave mis- take to go ahead with a studY on the looal level without the State's help. Mrs. Beal asked if State Highway Department doownen'ts are publio doouments. Manager said he would asswne they are available to any citizen~ especiaUy to a oommittee appointed by the city of Eugene~ unless there maS some legal matter involved. Mrs. Beal oommented on the Planning Commission hearings and the amount of publio interest expressed in the idea of having an impaot study. She said beoause of the amount of work and being understaffed it 'Would seem the State would weloome the help of a oommunity organization suoh'as this. She agreed with merrbers of the Defense Council that no time should be lost in appointing the team~ that if they find they need information they surely would have the oo-operation of other agencies. Otto Potioha said he doesn't think' the initial assignment of the impaot studY oommittee was for a broad overview of ESA'ES. He said he feels it is impossible to make any studY with regard to the seotion of Highway 126 under disoussion 'Without taking other links into oonsideration. He said he sensed that the looal oommittee would be for input to the State team~ whereas it reaUy should be a group aoting in an advisory oapacity to the Planning Commission and Council. He also cited oosts to the City in terms of moving people from the right-of-way area~ the "cigar-shaped" pieoe of land left bei;;ween the traoks and the road~ the renewal task and loss of property ta:x;es~ eto. These are the items~ he asid~ the impaot study oommittee 'Was to oonsider. . Mayor Anderson said there has not been sufficient oontaot with the State be- oause of their work elsewhere to be able to work out these details. When that has been done then the Council may want to alter the oomposition of the looal oommittee so far as disciplines are oonoerned. It is stiU an issue of timing and whether the Council's judgment is oorreot in establishing liaison with the Highway Department before errbarking on the City's study. . Counoi Zman Hershner said he has the impression merrbers of the Defense Counoi l have the idea that an impaot study made by the State would be aooomplished so rapidly the City's oommittee would not have time 'to aot. He said there is no intent to bypass a looal study, that he would favor not taking any further aotion until there is more information on makeup of the State team. Councilman WiUiarns said there is no reason to appoint the looal oommittee until the State'is readY to 'Work~ then this oommittee would work 'With the State~ be cu.uare of what the State is doing and make reoommendationS to the Council if it is felt the State is not taking the proper aotion. He said they must work together in order to funetion intelligently. . Manager said in oonversation with Tom Edwards~ State High'Way Engineer, about the State's position at this time~ he was told the State is busy with impaot studies in the Portland area and has not made any deterrnincrtion whether staff wiU be' used or a oonsulting firm, but they would weloome any looal oommittee to 'Work with the people making the study. State representatives wiU oome to Eugene "-.) ,..-",) (J,C" 3/27/72 - 8 and work with the City's. staff and Counci l in dete:r>mining a process for im- plementing the study. It would seem appropriate after that to select the local multidisciplinary team. Alan Seder said it would seem the local team could be working now to prepar>e proper questions to ask the State or any individual organiza:tion making the study~ that the local point of view could be brought to the State when they start their work. He said there was very little contact between the State and local agencies prior to the public hearings and a local committee could be working now interviewing such agencies as the Planning Commission~ Parks De- partment~ WiUamette GreemJay~ Southerrt._Pacific~ Renewal Agenay~ Lane Transit~etc. ,.1 Mrs. Campbell said she understood the committee would b~ advisory ,in na:ture and would consider alternate routes and that she sees no reason why the ap- pointments cannot be made now. She expressed surprise that it may be several months before the State is ready to start. Mr. Mohr referred to the issue raised by Mr. Poticha .with regard to aUowing citizens to be heard on every issue which.has an envifonmental impact. He said local governments have no way to accomplish this since public hearings on highway decisions are. on a recurring -and finalized basis~ sometimes made ten years prior to construction. Citizens do not have the opportunity to make their views known and that. is the situa:tion in the Highway 126 projaet. Comm 3/15/72 File Mr. Mohr moved seconded by Mrs. Beal that Items A through N, except Item D, be approved, affirmed, and filed as noted. Rollcall vote. All councilmen present voting aye, motion carried. c. -- Mr. Mohr moved seconded by Mrs. Beal to approve Item D. Motion carried, all councilmen present voting aye, except Mr. Hershner abstaining, IV - Liquor License Applications 1. Change of Ownership Manny LOlS, 796 Highway 99~, Merlin R. Starn (formerly Lois Mable Hurt) DB, Class.B Dispensers The Foundry, 1475 Franklin Boulevard, Ted R. Murphy and Lawrence F. Cooley (formerly Blue Goat Tavern-Jack Bonner) RMBA, Retail Malt Beverage Class A Stadium Club Tavern, 375 East 7th Avenue, Allen R. and Doris M. Casady (formerly Tokrol, Inc.) -RMBC, Retail Malt Beverage Class C 2. Greater Privilege Back Door, Inc., 1046 Oak Street, Falkenstein/Abel - Change to RB, Restaurant Class B (formerly RMBC, Retail Malt Beverage Class C) 3. New The Jade Inn, 92 Centennial Drive, Wide World Industries, Inc. George and Catheryn Chee - DB, Class B- Dispensers Manager explained these are the first applications to be processed under a new procedure which he outlined. He said it would make more information available to Council members at the time the applications are before them for consideration. He said there is no reason to deny any of these., . Mr. Mohr moved seconded by Mrs. Beal to recommend approval of the applications. Mrs. Campbell asked if a liquor license is issued to an individual or to a location, and was informed that it is issued to an individual, and any change of location must be ap- proved by the Oregon Liquor Control Commission. Assistant Manager said the new process is not uniform throughout the State, unless the OLCC chooses to implement. Under the process, he said, the date of Council consideration is set at the time the application is filed in the Finance Department thereby notifying the applicant and neighborhood of new locations when it will be heard. A vote was taken on the motion as stated, and motion carried unanimously. V - ORDINANCES Council Bill No. 9615 - Rezoning to C-2 PD area at northeast COPHer Centennial Boule- vard and Centennial Loop (formerly R-3) S&H Green Stamps (portion of area previously zoned PD) was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. . Mr. Mohr moved seconded by Mrs. Beal that the 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. M~tion 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, ~he bill was declared passed and numbered 16414. 86 '.-' '- 3/27/72 - 9 '1 Council Bill No. 9616 - Rezoning to RP and C-2 area at southwest corner of Oakway Road and Eastwood Lane (formerly R-l) (Reed & Cross/Wayne Hayes), was submitted and read the first time by council biil 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 passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16415. Council Bill No. 9617 - Paving alley between 2nd and 3rd Avenues from Mill Street to Ferry Street, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the council bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. , Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16416. Council Bill No. 9618 - Adopting plans and spe~ifications for paving alley between 2nd and 3rd'Avenues from Mill Street to Ferry Street, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the council bill be read the second time by council bill number only , with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16417 . Council Bill No. 9619 - Paving north/south alley between Oak Street and High Street from 27th Avenue to 270 feet north, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. - Mr. Mohr moved seconded by Mrs. Beal that the council bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be. considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16418. Council Bill No. 9620 - Adopting plans and specifications for paving north/south alley be- tween Oak Street and High Street from 27th Avenue to 270 feet north, was submitted and read the first time by council bill number and title oniy, 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 0& the Council, and that enactment be considered at . this time. Motion carried unanimously and the bill was read the second time by council bill n umber 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 16419. . VI - RESOLUTIONS Resfulution No. 2028 - Adopting 1990 Plan was submitted. Mr. Mohr recommended that the Council refer to the Planning Commission for first priority in on-going review of the Plan the urban service boundary with respect to the LCC area, and the Plan's recommendations with respect to the Bethel School boundary. d4 Mrs. Campbell remarked that the 1990 Plan should not be adopted without some comment as to the years of study in bringing it about. She said she feels it very worthwnile when something of this nature is accomplished; that this Plan does establish priorities for use of tax dollars and natural resources; that it is important to realize the Plan is flexible and the urban service boundary is subject to change, but it also presents the opportunity to fill in land within the boundary where services are already available. She noted that because of the change in attitude of the public brought out at the Plan hearings, the ESATS plan will now be restudied; and that hopefully a Citizens Advisory Committee will be s~t up for the 1990 Plan to assist the Council wi th review. . At Councilm9D Hershner's request, Resolution No. 2028 was read. 'Mayor Anderson said that, assuming Springfield and Lane County also adopt the Plan, it is the most significant step yet taken in intergovernmental co-opaation on area-wide concerns. Mr. Mohr moved seconded by Mrs. Beal to refer to the Eugene Planning Commission two items for recommendation concerned with the 1990 Plan (1) possible inclusion of the LCC valley area within the urban service boundary, (2) definition of statements with respect to the Bethel School District boundary. Mrs. Campbell wondered if the motion referred to the Oregon Research Institute. She said one of the points of the Plan is to establish priorities, and that that area has a low priority. She asked clarification of intent of the motion. Mr. Mohr noted that committee meeting, Commission feels. handled - referred recting the Eugene other agencies. there has been no testimony before the Council, other than presentation at a of the areas in question and said that he would like to know how the Planning He said he is not quite clear on how amendments to the 1990 Plan should be by County Commissioners, or joint Planning Commissions and he suggested di- Planning Commission to find a way for referral to this Council and to the . "'"", Considerable discussion followed on clarification of the motion, with Mrs. Campbell and Mrs.Beal asking about.-..-the responsibilities of the Citizens Advisory Committee ~ Manager said the process of considering amendments to the Plan has not been thoroughly explored, and referring these questions to the Eugene Planning Commission would give them a vehicle for working out a procedure whereby any suggested amendment would be unified consideration by all three agencies.' Planning Director said the Citizens Advisory Committee has not been appointed but that it will be active in reviewing the Plan. Some issues have been discussed and will be taken back to the other agencies on a continuing basis, but this has not'yet been worked out. In response to question from Mr. McDonald, Manager explained the makeup of the co-ordinating subcommittee which worked on amendments proposed at commission hearings. He said it worked very well in resolution of problems, resulting in uniform acceptance by all three planning commissions. Further discussion revolved around the intent of Mr. Mohr's motion. Mrs. Beal said the process of review and constant updating of the Plan should be established at this time so that the Plan qaes remain flexible. . Vote was taken on the motion as stated, and motion carried, all councilmen present voting aye, except Mr. McDonald and Mrs. Campbell voting no. -~"""c Resolution No. 2029 - Calling hearing April 10,1972 re: Withdrawing from Oakway ~a!er~Dis- trict that area annexed north of Goodpasture Island Road, west of Delta Highway (Moyer Theatres), was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2030 - Transmitting to Boundary Commission annexation of area east of Valley River (W. H. Shields), was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Resolution No. 2031 - Transmitting to Boundary Commission annexation of area between Delta Highway and Goodpasture Island Road (K-Mart, Inc.), was submitted. .' Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. ~ r Resolution No. 2032 - Transmitting to Boundary Commission annexation of area on Sarah Lane north of Crescent Avenue (York/Bendix), conditional, letter requesting larger area be included, was submitted. (See Council minutes March 13,1972.) (j ~J Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Resolution No. 2033 - Authorizing transfer of property in Alton Baker Park to Lane County, was submitted. . Mr; Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Resolution No. 2034 - Transmitting to Planning Commission rezoning requests for hearing before the Planning Commission on April 4,1972, was submitted. Mr. Mohr, moved seconded by Mrs. Beal to adopt 1;:he resolution. Rollcall' vote. Motion carried, all councilmen present voting aye. Resolution No. 2035 - Authorizing payment of bills and claims for the period March 13 to March 27, 1972, was sUbmitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Resolution No. 2036 - Authorizing abatement of building at .3815 Willamette Street (Piller), was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. ,- Manager introduced Terry Yamada, intern in the Manager's office for spring term. Upon motion duly made, seconded, and carried, the meetin~ was adjourned. 2/Ac ~~cKinley Ci ty Manager . , I . ~ . of"' uO