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HomeMy WebLinkAbout04/24/1972 Meeting Council Chamber Eugene, Oregon April 24, 1972 e Adjourned meeting of the Common Council of the city of Eugene, Oregon, adjourned from the regular meeting held April 10,1972, was called to order by His Honor Mayor Lester E.Anderson at 7:30 p.m. on April 24, 1972 in the Council Chamber with the following councilmen present: Mr. Mohr, Mrs. Beal, Messrs. .Teague, McDonald, Williams, Hershner, Mrs. Campbell, a rrl'Mr.Bradshaw. I - PUBLIC HEARINGS A. Vacating Jessen Drive from west boundary Irvingdale Plat to Belt Line Road except portion lying 42 feet either side of centerline of Wilbur Avenue extended, reserving ,utility easement (City ),,_ B. Withdrawing from Oakway Water District that area annexed to City north of Goodpasture Island Road, west of Delta Highway (Moyer Theatres) Public hearing was held on both items, and there being no discussion on either item the following council'bills were submitted: Council Bill No. 9629 - Vacating Jessen'Drive from west boundary Irvingdale Plat to Belt Line Road except portion lying 42 feet either side of centerline of Wilbur Avenue extended, reserving utility easement, was sub- mitted and read the first time by, council bill number and title only, there being no councilman present requesting that it be 'read in full. . Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council., and that enactment be considered at this time. Motion carried unanimous~y 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 votir.g aye, the bill was declared passed and numbered 16425. Council Bill No. 9630 - Withdrawing from Oakway Water District area annexed to City north of Goodpasture Island - Road, west of Delta Highway (Moyer Theatres), was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time-by council bill number only. e Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final pass.age. Rollcall vote. All councilmen present voting aye, the bill was passed and numbered 16426. C. Amending Code, Section 4.010 re: Aiding and Abetting (Committee April 19, 1972) Copies of a proposed ordinancf!l were previously distributed' to Council members. The amendment would broaden the Code and bring it into conformance with State law. Weakness of the City Code was brought out in complaint filed by the Human Rights Comndssion against the Register-Guard for segregation of help wanted ads on the basis of sex. The Ci ty Attorney feels the amendment is neces- sary in general law enforcement in the Ci ty, and not as a lever for the Commission. Assistant City Attorney Stan Long reviewed the proposed ordinance, saying the essential purposes are (1) to bring the City Code into line with State statute (2) remedial in that it directs itself to conduct without regard to prior agreement, and (3) to be able to prosecute participants in shoplifting inci- dents other than the person with stolen articles in possession. Mr." Bradshaw asked what review the ordinance had other than the attorney's, and was informed it was reviewed by the Police Department and Manager's office prior to pres~ntation to the Council. ii' '., Considerable discussion followed with regard to' scope of the amendment with respect to "aiding_ and abetting" ~i th Mr. Long explaining differences between "knowledge," "direction," or "negligen'ce," and appli'cations in various types of violations of the Code. Mr. Williams asked if deletion of the words "know- ingly tolerated" would significantLy 'weaken the ordinance. Mr. Long ci ted a recent case of a firm working on City streets without permit, safety guards, signs, etc., ,and said it would have been difficult to correct. Discussion continued on' scope of intent, and the City Attorney said Oregon law adopted last year tends to move' away from traditional conspiracy 'analysis to /00 4/24/72 - 7 t,ry ,to.re.ac;h illegal conduct itself rather than appearance of an agreement .made at some ,time. In answer to Mr. Hershner, Mr. Long said the amendment does substantially adopt State law dealing, in areas of responsibility or organizational liability. I' ....... . In an,sweZ:".tq Mr$.. Ca,mppe)l, it, w:a.s eXp'lain~d,~h~,t v:nl,ess the emergency c1al;Ise is inc1ud~,d, ,the ordinanc;e does not ,]Je.come effective for t:,birty days, therefore it is added to practically every ordinance. e It was, ,underst,ood t,he amendment would ,he presented at the April 24, ,1972 Council meeting for public hearing. Comm 4/19/72 Pub Hrng Council Bill No. 9631 - Amending Code, Section 4.010 re: Aiding and Abetting was sub.mitte,d .9-,nd .r~ad the firs,t ~ime by council bill number ,and ti tille only, there peing~o councilman present requesting that.it be read in full. '.' -, . Mr. Mohr moved seconded by Mrs. Beal that the bi.ll be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. -~ Motion ,ca~ried unanimously ,and th,e bill was"pead the second time .by councilbill number only. . . Mr. Moh,r, moved, s.econd"ed pyMrs. ,B,eal :that.the, biJl.b,~, apPrOve,d an.d giv,enfinal,pas~age.. Rollcall vote. All councilmen present voting aye, the bill was declared passed ~nq numbered 16427 . , ; , .,;; . D. Recommenqed Zo.n,E;'!C;h.qrtges ., _! ',' ,,' " , ,1. Area, south,'of, Concord betweeIl ,H,ugh.es, and, Highway 99, No.rth ',-, RA to. R-2 PD (Hansen Bros.) Planning Commission recommended at its March 27, 1972 meeting to 'approve the rezoning, pending final approval of planned unit development. " , Councilman Bradshaw remarked that before , many more de~elopme~ts,of this type are allowed in ,this ,general area, f2o.methiIJ.g ,must, b,e dO,ne,pe.cause of th.e.burden on schools, lack of sidewalks and streets. He said he is not concerned with this particular one but with any future medium- or high-density developments. Council Bill No. Q632 . '. J - ~ezoning, tqR~2 PD t;he ,area loc,ated south of Concord Street between Hughes Street and Highway 99 North, was submitted and read th~ first time by council bill number ,and title only, there being no councilmen present requesting that it be read .-In:fuJ),. ,. Mr. Mohr ~oved ~'~co~ded by M;'s; Bea:l that t'hebiil be Jrecid the, second time by council bill number only , with unanimous consent of the Council, and held pending final ap- proval of the planned unit development. Motion carried unanimously, and the bill :',W~S. held,. ,', i' 2. Area on east side Land Associates - approval, pending of Garden Way between Harlow Road and Hickory - RA to C-l PD - Planning Commission at its April 4, 1972 meeting recommended final app~ova~.~~ plann~duni\ de~elopment. - =-- C01.)IlC;il Bill)'fo.~. ,9,633", -:.Rezoning to. C,-~ Pl), the area on the east side of Garden Way , " betyveen ,Harlow Road and Hickory 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. Mo.hrmov?d ,secong.ed by Mrs. ~eal thq.t ,the.bill be ,read.the second time by council bill number only, with unanimous cons ent of the Council, and heitd pending final ap- pro;val of t~e planneq,~i t, ~evelop.ment., . Motion carried unanimously and the bill wa~ held....",.~ ". " '": .!. .t . 3. East side of Patterson between YMCA parking lot and 23rd Avenue - PL to R-G SR (YMCA) Planning Commission recommended approval of.this rezoning at its April 4, 1972 meetipg. Council Bi;n No. ,9633 i..:..:: - Rezoning to R-G SR the area on the east side of Patterson Street ,betw~een YMCA parking lot and 23rd Avenue, was submitted and read the first time by, council bill n.~er and title only, there being no councilman present requesting that it be read in full., u I -:. .' ~ ~ \. . Hubert Sears, 660 East itw,ill add to .traffic petit~9n signed by 198 22nd Avenue, obj~cted to the change. of zone because he feels congestion and,dev.aluate adjacent. properties. . He-presented a residents. of the area also. objecting to the change. -- .. . , :.., Edward Heid, 2192 Hilyard Street, cited overflow parking and traffic onto 22nd~Avenue as his reason for opposing the rezoning. He said because of changing property values and increased.traffic,he would like to see the Commission investigate that entire area to give an_ idea of what JIlight b~.,expected in the 'next ten to fifteen years. ~ /01 4/24/72 "" 2 Mrs. Hubert Sears, 660 East, 22nd Avenue, predicted problems with loading and unloading fof,-'a - de';'elopment of tqis type in that vicinity and asked 'whether the 1990 Plan was taken into consideration in the recommendation. - Earl and Virginia Gillmore, 2182 Hflyard Street, questicned whether the YMCA has the legal right to request rezoning of public lands. They said that property was pur- chased with money from the Century Fund and they feel the land cannot be used legally for commercial enterprise. Mrs. Gillmore said she feels the rezoning is a violation of the intent of agreement between the School Board (District 4J) and the YMCA on use of the property. Michael Sprague, 231 East 12th Avenue, asked what plans there are for commercial uses in the area. Consensus of the Council was that more information is necessary about agreement be- tween the School District and the "Y" on use of the property, and whether there is a question on the legality of the YMCA's requesting rezoning. Mrs . Campbell also questioned whether parking and traffic were taken into consideration in the Commission's recommendation, and noted rezoning of public lands to allow con- struction of the Amazon housing units. Manager replied that the site review condition was added to the R-G request in order to provide review of specific plans by the build- ing department with regard to parking, access, traffic control, and buffering around the proposed facility. He said at the time the Amazon housing was built, the State'was not subject to City zoning ordinances. . Mrs. Beal said she would like to see some report also on the impact on parking, and ingress and egres,s for the. "Y" building itself. Manager, answering MI'. Sprague and Mrs. Sears,. said there are no other' rezoning applica- tions at the present time for either commercial or industrial uses in this general area, 'and that the rezoning- proposar does conform to the 1990 ~lan. Councilman Teague called attention to his abstention from the discussion and said he would not vote on the issue since he is an active member of the "Y" and was a member of the Board for School District 4J at the time the agreement with the "Y" was made. Mrs. Campbell asked if the planned community center in Amazon Park would take some of the pressure and congestion from the YMCA and whether that would help the financial position of.'the "Y" or if the proposed 'apartment complex would still be necessary to the "Y's" operation. Bill Theiss, 970 East 44th Avenue, manager of the YMCA, said the center in Amazon Park will not necessarily relieve the 'congestion since it will be a different type facility. He said so far as the financial situation of the "Y" is concerned, it is the same as any other institution because of the inflationary trend, and although a modest increase in membership is maintained, they are still pressed to keep up with expenditures. ,J' .' Mayor Anderson remarked that the YMCA financial position has no bearing on 'considera- tion of the rezoning issue, and ruled the discussion out of order. He alsO ruled out of' order Councilman McDonald's question ,as to, whether' the"Y" prop,erty is on the tax rolls. Mr. Mohr moveq. seconded by Mrs. Beal that the council bill be read the second time by council 'bill nuTnberonly; wi. th unanimous consent of the.. Council', and that ,enactment be considered at this time. Councilman Mcbonald asked if under the Council's ,regulations this item could be sent back to the Planning Commission with some of the testimony given at this meeting. Mayor Anderson said it would seem desirous to have more information from the staff, then decide whether to refer back to the Planning Commission. MI'. McDonald ques- tioned further the action should the motion not obtain unanimous consent, that is, would it then be automatically referred to the Planning Commission. There being some question as to whether the action would not be unanimous, Mr. McDonald moved to amend the motion to send the item to the Planning Commission...for.more information regarding, legality of the rezoning request and other questions raised. There wa::; no second. . A vote was taken on the motion as stated, and motion was defeated, no councilman present vot ing aye. Further discussion resulted in another motion by Mr. Mohr, seconded by Mrs. Beal, that the I 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. All councilmen present voting aye, except Councilman Mohr voting 'no', the bill was held' for second reading. Joa 4/24/72 - 3 4. East of SQuth end Qf Taylor St:rE?,et betweeIJ,', W:est; ) 7th ,and 1,8th - ,R-l toR-2 SR - Gordon Olsen -Planning Commissionrec.ommended . approval at i,ts April 4 ~ 1972 meeting. Council Bill No. 9635 - Rezoning to R-2 SR the area east of the south end of Taylor ,St:reet_b.e~w~en~~est 17th and 18th Avenues~ was submitted and read the ,first time by council billnumb~r'and title only~ there being no councilman pres ent requesting' that it be read in full. e , , Mr. Mohr moved seconded by Mrs. Beal that the bill be read the secopdti~e by council bill number only ~ with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill ~as read the second tim by council bill number only. ; . ~ Mr. Mqhr:moved seconded by Mrs. 'Beal that the council bill)?e approved, and given final passage. Rollcall vote. All councilmen present vot~ng aye.~ the pill was, declared passed and numbered 16428. E. Recommended Annexation -'Between Goodpasture Island,Road,and Willamette River south of Marist High School (about 73.56a~res)~ Howell~ Smith & Brown - Pla~ning Commission recommended approval 'at its'Mar~h,27~ ,+972,me~~ing. James Hosey, professional platmer repr.esenting the property owners, said the annexation is requested as a solution to water, sewage,' and fire problems " 'I Mrs. Campbell asked if an easement for a bicycle path along the river bank was dis.cussed. Mr. Hosey replied ,that, the annexatio~ procedure 90esnot ,al+ow discussion of land use. Manager said it is not a legal restriction" b,\lt annexation ,.is the responsibility of the Boundary Commission. He said research could be Undertaken to determine when it is and when it is ,not appropriate, to discuss land use in connection with annexsation. . Resolution No. 20~2 . , '- Initiatj.ng ,bound,ary change and transmitting to Boundary Commission for annexation the area between Goodpasture Island Road and the,Willamette River south of Marist High School, was submitteq. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. All councilmen present voting aye, motion carried. F. Denial of Annexatinn. Recommende~ - Planning, Commission March 27, 1972 1. South of West 11th between, Willow Creek Road and Belt Line Road (about 150 acres) Golden West Enterprises James, Hosey" representing the property owners, said the Planning Commission gave the 1990 ,Elan and its provision for urban, ser'V'ice, boundary as the reasi:)n for recommending denial. He said he felt if land use discussion had been permitted in this instance the petitioners could prove demand on City services would not be detrimental. He ad- vised that he has' presented. :the, ann,e;x:ationpeti,tiop.diFectly to the Boundary Commis- sion for hearing at its next meeting, and 11e asked the Council to overturn ,the Com- mission,' s .recommendation and transmit a request for annexation t() the Boundary Commis- sion. . Mayor Anderson ruled that since some reconsideratimof procedure on discussion of land use in connection with annexation ',requests I i,s contemplated, Mr. Ii ~ey would be allowed to present any testimony he wishes. Mr. Hosey ,said "the...petit,ioners prOpose to build a golf course on the property with a ,minimum amount of housing integrated, and ~he frontage on West, 11th developed for commercial purposes with some professional uses. He said the main problem is in obtain- ing water services. In answer to Councilman Hershner, Jim Saul of the ~lanning Department expiained that property annexed ,to the City is subjec:::t tq the, same zoning enforced by the County un- less it is changed by the City. Normally, a newly annexed area is zoned within six months after annexation at which time a. change can be made, but usually the same zone is retained. In answer to Mrs. Campbell; Mr. . Saul said the urban service boundary is, based on the ability of the City to provide services to properties, and the Public'Works Department is not at this time able to provide either sanitary or storm sewers to this particular area. ' -- Councilman Hershner commented that it would seem to be a policy decision in those cases where .properties are' contiguous to the _ City limits and UDable to be developed because of lack of services. Manager said in other instances where annexation was approved under the same conditions it has been an area almost completely surrounded by the City /03, II 1r)11 1r'7r) I. and an area which logically should be within the City. 'Mayor Anderson said it appears an extension of public services into ,the area' is unadvisable at this time and that the 1990 Plan should be a fundamental consideration in any annexation request. e Mike Sprague said he 'feels: use of the' property 'itself and by whom should be the decid- ing issue. He said consideration should be given to whether it is fair to people other than those who would use a golf course and also whether a profit is made as the result of its use as a golf course. Mr. Mohr moved seconded by Mrs. Beal to deny the rezoning reques~. Motion carried unanimously, 2. Between Tigertail Road and Lorane Highway'(3.93 acres) - Ross Curry Planning Commission recommended denial at its March 27, 1972 meeting. Mr. Mohr moved seconded by Mrs. Beal to deny the rezoning request. Motion carried unanimously. G. Recommended Dedication of la-foot bicycle/pedestrian walkway in the Lorna Vista Park Subdivision at some location between Lot 5 and Lot 9 with 7-foot hard surface paving Manager explained that'in approving this subdivision the Planning Commission's recommenda- tion for the walkway recognized that the Corrimission does not have the authority to require paving. Approval recommended by the Planning Commission at its March 27 meeting. Mr. Mohr moved seconded by Mrs. Beal to approve the recommendation. . Mike Sprague found commendable the Council's willingness to dedicate bicycle routes in the City to help save space and pollution. In answer to Councilmen Bradshaw, Manager said the walkway would be located according to subdivision plans, which is the Commission's jurisdiction. A vote was', taken on the motion as stated, and motion carried unanimously . H. Denial of Rezoning Recommended for area on west side of Chambers Street between 15th and 17th Avenues -.R-l to R-G - Gordon Olsen - Planning Commission recommended denial at its April 4, 1972 meeting. Manager explained that Council members' Channel with one intervening property. development south of the Channel forms single-family residential. looked at this property south of the Amazon It was ,pointed out that the existing clinic a buffer between the commercial district and the Mr. Mohr moved seconded by Mrs. Beal to deny the rezoning request. Motion carried unanimOUSly. -- I. Reconsideration .of Rezoning Deni'ed A ril 10 1972 - Area at northeast corner of 18th Avenue and Bailey Hill Road Safley) - Requested change from RA to R-2 Manager said Michael Safley, 1740 Willamette Street, indicated he misunderstood the date set for hearing of his rezoning request, so was not present at the April 10, 1972 meet- ing when rezoning was denied. He asked for reconsideration of the petition. Mr. Mohr.moved seconded by Mrs. BeaI to reconsider the request. Motion carried unanimously. Mr. Safley said he feels the denial was arbitrary and not consistent with good zoning practices because the property on which he asked for R-2 zoning is surrounded by densities comparable to R-2, and some of the properties have been zoned R-2. He said R-2 zone for this property would be in conformance with the 1990 Plan since it is his understanding 'one prerequisite of that zone is location on arterials or' traffic col- lectors, which would apply to Bailey Hill Road and West 18th. He said 'also his under- standing is that planned unit' developments apply to parcels four acres or larger, whereas his property is slightly less than one acre. He recognized the possibility of rezoning R-2 PD but felt it would be a compulsory situation in order to gain R-2 density. Mr. Safley in answer to Mr. Mohr said 'he would be willing to accept site review procedures with the R-2 zone rather than the planned unit development requirements. . Mr. McDonald asked about any future plans for improvement of Bailey Hill Road in that vicinity. Public Works Director replied improvement is tentatively, scheduled for Bailey Hill south of 18th to a width of 48 feet~ but there is no immediate ~lan for widening Bailey Hill Road to the north. Mr. Mohr noted that the Council may not act to deny zone changes on the basis of some possible future public improvement. Mr. Safley \said dedication for that street widening has alre.ady been agreed upon. \ Mr. Hershner suggested the site review procedures for the property be explored further in that one of its purposgs, is to provide control over ingress and egress for proper5~\' es JO~ 4/24172 - in' this siJ.uation. Manager said t0e PlanningComrnission .did. consi.der..site ,review pro- cedures but decided the planned unit. development controls would be necessary for de- velopment. of., this particular property. He read. the Planning .Commis~ion minutes. covering discussion on the request, which concluded that it was felt the application is premature and thi3.t it shou:ld be submitted with the deve.lopment of additional property to the north and ea.st. 'I,. . Mr. Mohr moved seconded by Mrs. Beal to rezpne the property ,to :R-2 .SR. Discussion followed on prop~r action to gain referral to ,t~e Planning Commission rather than actually rezoning the property at this time. . ' . With the consent. of th,e s.econd, Mr., Mohr restated..themotion .torefer.,the item to a joint meetipg of the. Planning Commission and Council. - ,Motion carried. unanimously. II - ITEMS CONSIDERED WITH ONE MOTION "_ Previously discussed at committee'meetings on April 12 and 19,1972. Minutes of those meetings ftppear ~elo~ printed ~n italics. . . , -,' A. Room Tax Allocation ComndtteeReport, ~A letter dated March, 31, 1972 f~om,the Room Tax 41location Committee,. copies of which were previously distributed to Council members., ~as :read making th,e follo.wi,ng +ecomme~dationsfordisbursement. of funds during the 1972-73 year: , A. Maude Kerns Art Center $ 2,500 B'. SchQla Cantorum 1.,500 <. C. OMSI 2,250 D. Eugene Parks & Recreation 2,000 E. Circle Leah ~roje~t 750, $ 9',000 Mrs. Beal referred to the cash balance shown in a prevdJous report on collections and disbursements of Room Tax funds, and asked whether. -that, mqney:, i.s invested. Finance Director replied that it is. Mrs. Beal also referred to the Maude Kerns request for $6,000 and wondered wheth~r the committee consid('!red giving funds nearer the amount requested. Former Mayor, Ed Cone, member of the Allocation Com- mittee, said the committee feels there should always be a'qash balance{IDd, al- though a figure has not been set, possibility of retaining a $100,000 balance has, been discussed. He .said the committee does not. f.eel. it is .advisable to give too great an amount to anyone organization. Mrs. Beal asked about the Chamber of Commerce allocation i~ 'comparison to monies' given small cultural and recreational organizations. Mr. Cone replied that the committee considered those, funds. to ,the Chamber to be for, tourist promotion w{1.1ch would in turn bring more money in room tax revenues. Mrs. Campbell concurred with Mrs. Beal's remarks with. r~gard to balance between the funds disbursed to various .organizatoins. She said the cultural 'activities also 'attract people to the CLty. . Mrs. Beal 're'ferredtd the committee's recommendation for allocation to the Parks Department for an art program .for the elderly at Celeste Campbell Center. Mr. Cone replied that because it cis a new. program it was felt best to give -.funds to .initiate the program on a trial basis, then consider a higher amount next 'year ifthe.pro- gram succeeds. Councilman Hershner asked. if the funds from the room tax revenuesar.e -included in the City's budget process. ,'Manager replied they' are, as a l,ump,sum. -- Mr. Williams moved seconded by Mr. Hershner to approve .the committee's recommenda- tion for allocation of funds. Mrs.. Beal said she objects to the doubled allocation to the. Chamber of Commerce when the small groups of a definitely cultural nature which are struggling on limited budgets are denied funds or have their'requests for.funds cut. Mrs. Campbell said a request from the Eugene Symphony~s anticipated, and she is hopeful, they will receive funds. Corom 4/12/72 A vote .was taken orithemotiori as stated, and motion carried, Mrs. Beal vot.ingno. Approve . B. Contract to Enforce Parking "Meters, State Office Building Parking Lot - A con- tract is proposed .between . the State and Ci ty whereby the '$ta'te at,;i ts-.- expense will install parking meters on the lot behind the State office building (165 East 7th ,Avenue) and the City will maintain and police the meters. The State will reeei ve r,evenues deposi ted, in the meters'; the Ci ty will recei ve revenues from violatior:!~ and court actions which might result. IDS 4/24/72 - h e Councilman Williams asked if the arrangement would extend to other publicly- owned lots in the futurer and the ,ratio 'of revenue ,derived from'parkingtlckets to the cost of meter enforcement. Manager said the proposed State contract is unique and will not extend to others, al though if and when streets are vacated in the University campus area something sinrilar may be worked out. Asssistant Manager said'meter revenues in the state building area are comparable to enforce- ment costs at this time; if this does not hold true, the ~ntract can be reopened. Mr. Bradshaw moved seconded by Mr. Williams to sign the contract with the State as outlined. 'Motion carried 'unanimously. Comm 4/12/72 Approve ': I. C. Airport Commission Appointments - Mayor Anderson announced 'designation of terms of current members of the Airport commission. He explained that members have been appoi'nted on an annual basis to this time. Compdsi tion of the; CommiSSion does not change, "merely follows procedure'set by' ordiriance specifying four-year terms. ' ,. ",' Rill ph Cobb Bruce Chase Norval J. Ritchey Philip' 'Ti~lman John Alltucker Murl S. Wescott Charles Wiper "Term ,ending January. 1., ,1976 . ." ~ " " January 1, 1975 " . It. " January 1, 1974 " " " January 1, 1973 . Mr. Williams moved seconded by Mr. Mohr to approve the appointments. Motion carried unanimously. Comm 4/12/72 Approve D. Community-School Concept - Gary Bartlett, chairman of an ad,hoc citizens com- mittee established by the Eugene Jaycees as a part of their project to promote the maximum use of school facili ties, distributed copies of a memorandum to Council members outlining their proposal. He reviewed events leading to ini- tiatJon of the p:r0ject and said program possibilities in expanded use of school facilities ~ight include recreation, vocational education, health center, lunch program, library, etc. He said the concept has the endorsement of the L-COG citizens Advisory Subcommit,teefor Community 'Schools. Mr. Bartlett said there are several commimity/school programs now operating,_ but co-ordination is needed. They are proposing creation of a permanent co-ordinaiing advisory committee with membership representing :juniorhigh school areas. Neil Murray, member of the ad hoc commi ttee, enumerated the programs in existence at various schools in the communi ty, some funded under Federal grants administered by the school districts. Mr. Bartlett said the City's sponsorship is sou'ght,as well as that of Lane Community College, Lane County, School District 4J, and Bethel School District "for creation of the co-ordinating' committee.' -- Dave PompeI, member of the ad hoc committee and representing the Eugene Parks Department, 'said planning is necessary through such a committee because the Federal funding of som~ of the existing programs will expire tin two 'or three years. Mr. Bartlett said members of the proposed committee (listed in the memorandum) under the chairmanship of Judge Ed Allen have been contacted and 'have agreed to serve, providing the concept is accepted by the sponsoring agencies. He said each of the sponsoring agencies will confirm all members of the committee, and that funds will be sought from the School Districts, and Lane County. Mrs. Campbell' asked if the schools can afford the cost of maintenance and jani- torial services necessary in the proposed expansion of .uses. Mr. PompeI said the schools now recognize the importance of the communi ty-use concept and at this time are assuming maintenance costs resultdng from existing programs. He said it is hoped ,these costs will -become a budgetary item of the sponsoring agencies if the communi ty concept is, accepted. Councilman Bradshaw asked where the responsibility will lie if Federal funds will not be available in the 'future. Lee Penny, member 'otthe ad hoc committee, said that committee did not address itself to policy matters, administrative structure, or budget, but tried to setup a committee which would study those areas and bring recommendations to the sponsoring agencies. . Mayor Anderson asked about the suggestion for private funding included in the proposal. 'Mr. PompeI replied that the proposal is modeled after others, mainly the one in Flint, ,Michigan funded by the Mott Foundat,ion, and private funding is one of their sources of revenues. He said 'the idea is to involve the com- minityitself in the program. '., Mr. Mohr moved seconded by Mr. Williams to endors'e' the community/school concept and parti.cipate in the development of a co-ordinating commi ttee. /0 (p 4/24/72 - 7 Mr. Williams said in seconding the, motion that although he favors the principle of the concept he would reserve support until he has had an opportunity to re- view the written ,proposal. A vote was taken on the motion as stated, and motion carried unanimously. Comm 4/12/72 Approve . Neil Murray, 653 West Broadway, reminded the Council that the proposal would provide a vehi de for bet.ter co-ordination for existing 'and future community /s chool uses ~ In answer to Mr. Teague, he said there will be ways of controlling care and safeguarding of school buildings and properties. He said they are asking for app~oval of the concept at this time; later on ,recommendations will be made on details of the operation,. ' Michael Sprague said ,he agreed with the concept and felt it is really necessary to organize the community to work toward opening schpol buildings on a 24-hour basis. He :said Lane 'County pre-schools- should have 'ac'cess to the school' b'uildin-gs in- their local areas. " ~ . - ~ -- ~...,.....,- -- -, --- ,-~.~ ~.-=.,--- .->-" -:: -. ~.,;,--:-= - ~ E. Taxation Program (Primary Ballot Measures, May 1972) - Copies of a memo were dis- tributed to Council members setting, forth suggestions of th~ Council subcommi ttee with regard to the prqposed l~% County income tax and increased motor vehicle li- cense fee to be voted upon at the May primary. It is suggested revenues from the auto fee increase (estimated at $460,'000) be equally divided between Park and Street improvements. Park improvement, acquisition and develppment, to be in line with the 1970 10~y~ar capital program; and street improvements to emphasize ar- terials, but to also include traffic safety with more lighting, signals, and bi- cycle facilities. Revenues from ~he l~% income tax would be pledged to support of the operating budget, thereby offsetting property tax revenues with which the operating budget is now funded. Manager said the revenue projections from the tax are very conservative an,d expenditures probably overstated, this in order not to create too promi-sing a picture of what may develop. Since the tax i~ propo~e4 fO~,a, fo~r-yearper~od and there is ,the possibility the measure will not be resubmitted at the, end of that, time, or it may not be approved by the voters if resubmitted, it would not, appear pract.ical to pledge 'one-half of those ~evenues to ~etirem~nt of bonded, indeb,tedness for capi tal, projects. It is also evident_~hat the property tax will not support the needed capital improvements which it is felt can be p,rov:ided, ($10 to $15 mLllion). It ,was sugges.ted that the 1970 10-year capi.tal, improvem~nt progra[U be updated before the November geI)eral election, including the, au.ditorium, ,giving time ,to giye the_public factual informa- tion on capital needs then bond issues could be submitted at that time. Mrs. Campbell asked if'a statement could be made that a portion of the income tax revenue will be used to reduce the property tax, which she feels would sell the, measure to the voters. Mr. Mohr. said, the correct statement w,ould be; as suggested by the Council subcommittee, that the entire income from the tax ,will be devoted to property tax relief through its application to the operating budget. Mayor Anderson said the Ci ty has two concerns, one is property tax. relief ,the, other is that the City has fallen behind in capital improvements and a program must be provided for the voters to decide whether they want to continue with capital projects. To p~pvide as much input as possible ,from the public, he said, publj.cllearings will be hel,d during the summe_r to help _in ,forI?ulating ,a .plan which will fall within the financial capabilities of the City. Manager said it should be stressed that voter approval of the income tax and the auto fee increase or one or the other does not imply that the capital improvement program will be approved, only that it will be submitted to give the voters a choi ce of what is wanted. Mr. Mohr moved seconded by Mr. Williams to endorse the ,ballot measures, pledgi[lg revenues from the auto license fee increase equally to park$ and street improve-' ments, and all of the revenues from the l~% County income tax for the four-yea;r period to cffset the operating budget of the Ci ty. Councilman Williams asked if the motion should als.o incJ..ude the Council's intent, to submit a Jis~ of capital needs, to the ,voters before the November general elec- tion. ,Mr. Mohr, replied that he doesn',t feEl,l in supporting the ballot measures there is need to document the capital ,needs of the City in terms of bond issue or serial levy. A vote was taken on the motion as stat,ed, and motion carried unanimously. F. Portland Avenue Traffic - Copies of a mem.o were previously dist;ributed to Council members recommending permanent installation of the experimental barricade on Portland Avenue north of Crest Drive and that no other measures betaken at this time. ~t also recommended ,some signing at Portland at 30th and asked authoriza- tion for ~perimental traffic controls in other neighborhoods with simiiar problems. 107 4/24/7? - R .- . Comm 4/19/72 Approve - '~ It is ,planned to b:ring recommendations to the Council after completion of the experiments. - Assistant Manager said in responseto,Mrs. Campbell's question that "yield" signs will be installed on Portland at 30th. There was some discussion with regard to .percentages of answers to an opinion poll taken in the neighborhood. With regard to:the staff suggestion to contact property owners in the 3100 block on Portlan.dS~reet to determine whether.they would share in the cost of a perma- nent "hammer head" turnaround in place of the present barricade, Manager ex- plained the. present barricade will be.retained should they not be willing to participate. Public Works Director said inability to sweep around the barricade is the major source of concern about the present installation, and Assistant Manager commented pn the probable cost to the City sl}ould:j.t pay for a permanent installation here (estim.ated at. $3,000) in view of. other areas with si-milar problem!? Public Works Director also noted that the poll .would not include any- one outside the immediate neighborhood because of the opposition to closing off Portland Street. . Mr. Hershner asked separate consideration of this item because of the Council's expression of concern with r.egard to penalty and bail on violations of the.. noiseo.rdinance.. -He said he did not want to imply critici~m of the municipal' court nor .try to govern 'its actions, but thought the matter. needed further cons'ideration. ". . . . . . Mr. Hershner moved seconded by Mr. Mohr to ask the staff to direct a letter to the municipal court'expressing';the Council~sconcernover the gravity and repeated nature of the offenses and hope that the court will give every con- sideration to the cir.cumstances, expressing also the opinion that if low bails are being imposed they are not .an effective deterrent..' e Councilman McDonald asked if it.was. Mr. Hershner's intent .to refer only to this issue or to noise problems in any sector of the City, and what would be done about, noise' 'violations in other areas should the letter apply only to the vicinity of Portland Street. Mr. Hershner said he had no objt:!ction to Mrs. Beal' s suggestion to. amend the' motion apply "to noises in this area and. in other areas." Mayor Anders(:m said because of the many complaints from people in the vicillni ty of Portland and 30th he -felt the- ;act.ion- should be, for the.Council to show- those people the .action' is to 'I'?esolve this particular. problem. Councilman-Teague said he thinks' the' Council. cannot ask the ,Court. to give 'a' .stiffer penalty in one area than in another. Mr. Hershner replied that was not the intent, that he would agree to have it apply to all areas but would place emphasis on this area, not with the idea of assessing stiffer penalties but because- it .is aproblem.area. Mrs. Campbell said she hoped the result. would not be' .tobe.-more lenient wi-th .violations in. .the', Portland' Avenue area since thg .oplyap;;;we.r. s,eems to be a monetary penalty. ,. . A vote was taken on the motion as stated, and motion carried unanimously. ,', t G. Council Minutes- March-13,.;22,and 27;1972., as circulated. Approve . H. Eugene Salvage, 113 Hi'ghway99 North.- Councilman Bradshaw asked if there are, regulations governing the collection . 'of s.alvage at this location. He'. has .had calls concerning the accumulation of scrap and apparent overflow into nearby ponds.. Manager. said the._owners . agreed at the ti.me zoning was granted for the operation.that buffer plantings would.be installed, but they have not been effective. It was .understood the matter woul.d be: checked.: Comm 4/12/72 Affirm I. Medical Facilities in R-4 Zones-" Councilman Williams . asked if a formal re- quest could be made to the Comprehensive Health Planning group of L-COG for /oi 4/24/72 - q evaluation of the future needs for 'doctors' 'offices and' 6ther .medical facili tl es over the next ten to .fLtteen years .in the v.i~c:i,J1Lt!io.f Sacred Heart Hospi tal. He said under the recently adopted ordinance medical facili ties in that area are a conditional use, requiring',coIi1bination with'hoilsingtinii:.s.' Mr., Williams sald the Council will ,undoubtedly be, faded ,wi th decisions on this question, and he feels they should have 'some recommendation on the need for doctors' offices adjacent to the' hospital, and on the existence of accountants' offices in the area; i.e., a distincti-on 'between, needed services and convenience services. . It was understood that LCOG's Health Planning section wotild be asked ror a recommendation, in" this regard. : ! , Comm 4/12/72 Affirm , :...( J. Assessment for, Alley Improvement ,Abutting Residential/Comm~rcial Zones - ., Mrs. BeaI asked for a study to, determine the practicabil'ity 'of charging more of the cost for 'alley improvement a'gainst comrilerd:allyzone'd property clbutting one side than residentially zoned' property abutting the other'side. ' . ... ,',":' Councilman Williams was concerned that it would open for discussion the question of val ue or benefit 'recei ved in the 'whole area ,-of asse'ssments '- 'streets, sewers, etc. Mrs. ' Beal said, becausedi vision of zones 'often runs along alley lines,' as a matter',of information she would'like to know 'whether there might be some relief for individual home owners whose properties abut cormileicial or high density zones; It was ,understood an investigation would be made' in those areaswheie single- family 'and ,low-density' zones "abut high ,densi ty' and commercial zones. Comm 4/12/72 Affirm K. Federal: Aid, Mass Trans,it Operating :Costs: - Manager, re'ad 'a 'Jetter from 'NationaL League of Cities requesting local support,'for Federal le'gisla:tion which would authorize expenditure of ,Federa:J., monies' 'to subsidize op'erat'ing costs of public transportation systems. Present'legislation allows Federal fuilds :for 'capital investment and some experimental mass transit uses, only. Mimager said present subsidy from local payroll tax seems to provide sufficient funds for the present scope of the local transi t system and fo'r expanding some 'of its routes. He said it is assumed if the new legislation is adopted Federal funds could be used for further experimentation and expansion or for offsetting local subsidy. . Councilman Williams expressed concern,'about use' of 'funds from the Federal; level, for 'operating, costs, citing as an example the U.S .Maritimeadministrati6n. 'He said if costs are subsidized locally, there is rnore concern about'the use of' funds. Mrs. Campbell commented on need for benches and shelters at bus stops' and for additional busses., Manager'replied that' Fred Dyer, manager of the Transit District, is, working on a, system' of bus stops,' signing, shel.ters, etc., and it is assumed the District :has the funds for the work. It was understood staff ,would gather furthe'r'infoi:mation' on the Legislation under consideration, for distribution to Council members" Comm 4/12/72 Affirm . . _.. : t' Manager'said that' in discussion with -'Fred ,Dyer, 'manager of' the' Mass Transit 'District, it was learned the proposed legislation would appropriate about $400' million in Federal monies for operating subsidies for mass transit systems, anticipating in the neighborhood of 7 to 8~ per, revenue passenger on a revenue matching program. If g~anted, there would also be a one"fthird'local subsidy match required,contras'ted to' capital grants'which wo'Uld be on a 90/10 matching program. He said the feeling of Congressional 'members isthat'there should be a requirement for matching funds at the local level, hence the question of local con- trol is'riot considered a serious problem.' The legislation is still subject'to amendment and has, support of) the National League of ,Cities' and of' the local' Mass Transit District. , ' L. Civil Service, Fire Fighters Local 85'1' -' Councilman Mohr said Co'uncil members re- cei ved', copies of a letter from' the Fire Fighters Local 851 concerning ci viI service ordinances. He said because of its CorriplexLtyhe- would ask, ,the' City- Attorney for a recommendation based upon an analysis of the letter's content. Frank Jackson, president of Local 851, explained the letter was written to ascertain the Council's posi tion wi th respect to ci viI'" servi ce system for the Ci ty. He sai d City Charter amendment in 1936 granted civil service to fire fighters. Later Council action extended it to p0lice ~ 'He said that when the, City's ordinances were recodified those instituting civil service were deleted, and that the administra- tion's explanation was that because the collective bargaining process made the role of civil -service unclear, the regulations were stricken, until clarification. Mr. Jackson said that, at, that time, through the City Attorney, this matter was brought to the Council's attention but no action was taken. And that now there is no civil service procedure for hiring, firing, promotion, etc., in either the fire or po~ice Department, and that emp~oyes are being hire_d _ wi tl?9u,t; examinat;ion:' He said the Fixe Fighters' position is that civil service is guaranteed' by the Charter. .-.. " /09 4/24/72 - 10 . Manager said he did.not receive a copy-'of,the.Fire.Fighters~letter, sa could not respond to issues therein. He said it. is correct that in recodification of Eugene's code and after discussion of ,this section with. the Council the decision' was made to omit the sections which detailed requirements, regulations, and authori- ties of the Civil Service Comndssion until the process of collective bargaining , and development of collective bargaining contracts, were completed with the 'Fire Fighters and Police. He, said the second contract with the Fire Fighters has been completed and arbitration is in process with the Police; when this is completed it is intended to bring a proposed ,ordinance for consideration of the Council and and these two groups setting up responsibilities of the Civil. Service Comndssion. He further explained, as discussed by the Council before, that bargaining con- tracts which are' being developed appear in many instances to duplicate or set up procedures covering many. of the same topics under .civil service - ,promotion, transfer, seniority, etc. He said there is no quarrel with either group with re- gard to intent but there may be legal questions involved. He said the Charter does' provide .authorization to establish civil service but if does not direct that it be established. Mrs. Beal ,asked if emplif>yes not represented by the FireFighters and Police unions have any recourse for grievances. Manager_ replied that the ci vil service procedure extended only to police and firemen- and to no 'other areas of employment; there is a system of appeals ,for ,other employes up to .the Manager's office where ,the re- sponsibility lies for final review and decision on any dismissal action except those ,covered. by.civiL~service... There has been no . change in that respect. - T. R. Kulongoski, attorney for the Fire Fighters, said it is the opinion of the Fire Fighters that statement and acts were attributed to the Counci1 to delete civil service provisions from the Code. He said regardless of. any legalities, 'they feel if statements are attributed to the CounCil members, theij should be made' , aware of that. He said several men 'have been hi'Xed'into,the'Fire Department out- side the civil service system creating a morale problem wi th'in the Departrnerit. And th~t they have been trying over a six-month period to secure a statement from the Council on itsposi tiori'. Mr. Kulongoski said the Fire Fighters' letter set out the statement that if the Council is once again going to wait three or four months before giving a decision, other action will have to be taken' by the Fire Fighters to prevent an unlawful act which the union believes. ,occurs when a meinber is hired into the Fire Department outside the civil service system. He asked the Council, if it is intended to ask staff for a recommendation, to set adead~ line for a reply as soon':as possible.' Mr. Mohr explained the council's position Because"of meeting schedules with re- spect to the union's statement in their letter of their intent to seek other means if no action is taken within ten' days. Mr~' 'Kulongoski said the intent was to prevent an indefinite delay. . Councilman Hershner said if the Council"wants a report from staff it should be asked to be given promptly; but 'that. 'he 'does n-ot"'Xecall the CounciL's setting deadlines when requesting staff reports. Answering Councilman Williams' questions, the City Attorney said the Charter grants the Council authority to estabTish7 ci'vi;l servlce for police 'and firemen, but that it is not' obligatory. An~ that the' Charter emiendment passed two' yea.rs ago has', the effect of amending any' 'pre-existing amendment or' ordinance..: Manager rei terated it has not been the Council's or administration's intent" to ' eliminate the civil service system, nor any intent of the administration to de- lay as soine tact~c to fill fire and 'police positions 'under some other syst'e'm. . I Mr. Mohr suggested rescheduling the subject at the next committee meeting in order to give staff an opportunity to receive a copy of the'letter under discus- sion and prepare a recommendation. 'Further discussi.on took place cove'Xing points previously put forth, with the final understandin'g that upon receipt of a copy of the FireFighters ,lettei:' staffwould start. to work on an analysis of the charges contained and a recommendation for Council consideration. Comm 4/12/72 Affirm . Manager said 'adra.ft of. a merilorandurilto the Council on the charges brought by the Fire Fighters is ready but. is riot in final form. Hopefully , it will be 'ready for the .Council' s next c~cimi~tee meeting. He asked the Council to notify admin~strat~on if further discus- sion is desired, and it would be scheduled. .. J. M. Appointmen't ~ Joint Planning Commission/Council Parks Comnd ttee - Mayor Anderson announced the appointment of Ray Bradshaw and Fred Mohr to meet with Planning Commission members Maxwell and Longwood. Comm 4/19/72 Affirm ./": N. Service Station Ordinance - Mrs. Campbell' suggested consideration of an ordi- nance comparable to that adopted by the 6i ty of Medford govern3ii.g the number of service stations in the City. She passed a newspaper article describing the I/O 4/24/72 - 11 ordinance to other CounciL .members 'and asked if, it 'wouLd,' be possible to establish a policy concernihg the 'number of stations 'rather than its'being governed by 'zon- ing regulations,. ,It was understood a. copy of the Medford ordinance would be ob- 'tained for circulation to Council members. . . O. Community/School Concept - Manager -recommended postponement of this item to next week's comroi,ttee 'meeting when ,the Jaycees will have more information available. Ruth Shepherd said she.supports the idea put forth for :thecreat'ion 6f-a '''centra1 committee" with regard to exploration of expan'ded cO[TlITlunity use of schooL faci1i- ties~ ''-It.was understood the item wou1db'ebrou'ght back-'for'discussion~' .... Comm 4/19/72 Affirm . Comm 4/12/72 File P. Tennis Court Resurfacing - Mrs~ Campbell said that resurfacing' of the AmazOn tennis courts ,is rieeaed:- checked; ," , '. ' according-.i:o 'people using th~-;'~' Comm Manager" sai'd-~they-~wi.J:l- be'-~'~ .~ 4/19/72 File .1 In ,answer to Mrs. Campbell; Manager 'said' a report is not yet ready on whether .there is need for-resurfacing the Amazon tennis courts. Q. Fire Fighters, Civi.l-Service.....; Manager.reporteda' rough 'draft, of the .1egalin-. vestigation was prepared on. the civil' service status,' b.ut a. final report. is not ready. He said. that hopefully it. will be' ready:,'for the .April 26, '1972 committee meeting, . and a' copy will 'be" sent to the Fire Fighters representatives. . .', Mr. Mohr move,d. seconded, by Mrs.' Beal that. 'Items A ,thr'ough 'Q .beapproved., affirmed, and filed as noted. Rollcall vote. All councilmen present voting aye, motion carried. \ . III ITEMS NOT PREVIOUSLY DISCUSSED A. Improvement Petitions ", .', 1. Paving, sanitary and storm sewers. a. Lorna Vista Park- 86% paving, 100% sewers b. SuIjJmi t Side 'Park -' 64% paving; ~2% sewers c. .Chase Park - 100% d. EdgewQod Estates, 11th Addition- plus 8' pedestrian walk -.100% paving,. 74% sewers ' e. Wingate Park- 100 % ,> .. f. Poplar. Park - 100% 2 .' ~Paving , a. Myers Road from Gilham Road to 365 feet west 54.5% b., Alley between 3rd and 4th from Mill Street to one-half block east - 100% c., Alley between, Wil,lamet:te and Olive ;from ,17th. to 18th, - 50%.. ' 3. Storm S~wer - Echo 'Hollow, Park,PUD -100% 4. Sanitary Sewer a. Berte'lsen Road'from'SPRR,tracks to5thAvenue- 68.5% (City cost $12,000) b. Roosevelt "Boulevard from Garfield to 800 ..feet . east- 42..5% Mr. Mohr moved seconded by Mrs. Beal to accept the petitions Comm 4/19/72 File . " ....,.. . Motion carried unanimously. . B. Deed.to'Lane. County, 'Right-of..,-way 11th Avenue at, Danebo Public Works Direc:tor explained,theCounty will improv.e,,'llth Avenue wes.tc of Danebo and install a, traffic signal at:that 'intersection. In answer to Mr. Teague, Manager said the County does reciprocate in those instances where they own land which the City, needs for right-of-'waypurposes..... 1 ' Mr. Mohr moved seconded by Mrs. Beal,to authorize the deed. Rollcall vote. Motion carried, all councilmen present voting aye. C. Deed to Echo Hollow PUD for. drainage line on south boundary This strip of land, '15 feet wide and 1282 feet long, now contains an open drainage ditch." It is proposed to deed this land to the, PUD in exci1ange.for tiling the ' ditch. The City will retain easement rights for the storm tile and other utilities. Staff recommended approval. Mr. Mohr moved seconded "by Mrs. Be'alto deed the 'land in exchange for tiling the ditch. Roll.cal,l vote. ,.Mot-ion carried, all. councilmen pr~sent voti,ng aye., , , D. Purchase 10-foot right-of-way, Warren Avenue City needs 10 feet of right-of-way to allow paving of Warren Avenue. The needed strip belongs to William H.and Marjorie Mendell., who have agreed to sell to the City for $250. .'. ". Mr. Mohr moved seconded by Mrs. Beal to authorize the purchase. Rollcall vote. Motionca~ried, all councilmen ,present voting aye. .-~ 1/1 4/?4/7? _ l? . ~. E.Bristow'sClock~Broadway - Wm. W. Bristow proposes to give the clock to the City '(letter attached,to April :19, 1972, committee agenda).. , He agrees .to set, wind, clean, if installed in the mal;L, on'the condition that, it not ,be removed,from in front of the Broadway store for as long as the mall exists. 'Mr., Bristow will have the option of reclaiming ownership should the clock be removed from the mall. Staff recommends acceptance. Mr. Mohr moved seconded by Mrs. Beal to accept the offer. Motion carried unanimously. " , F. Dog Control Contract with Lane'County The contract covers the year 1972 and is,the' result -of negotiations between the Finance Department, Police Department, Lane County Sheriff" and Lane County ,Administra- tion. It is expected to provide a higher level bf service on' dog control and more control over handling of complaints' at a somewhat highercbst, . although ata lower net cost because of higher~han projected license sales ,and fees. Mrs. Beal inquired about the provision for,City'personnel filling in for dog control officers should they not be available. Finance Director explained the contract does provide additional funds to cover vacation and weekend leave, ' but it was decided rather,than pay, that out, in,'contractforin, City ,personnel would db the work. If it is founa this procedure will not suffice, then" an extra person will be put on'. Mr. Mohr moved seconded by Mrs. Beal to approve the contract for 1972. Rollcall vote. Motion carried, all 'councilmen ,present voting aye. '. - G. Liquor Licenses 1. Bonanza, 2920 West l,lth'-:-.John M. Nix,,(New) RMBA -. Retail Malt Beverage, :Class,A 2'. Rocinante, Inc., Ford's Restaurant,:,1769 Franklin Boulevard, - Change of ownership (formerly Jack and Helen Racely) - DA, Dispensers Class A 3. Pizza Palace, 2890 Willamette - Pizza Palazzo, Inc. Greater Privilege,... Now RA, requesting RB, '-Restaurant, Class B Manager explained that there were no objections to' recommending approval of any of the three applications. However, one of the reasons for the new pro~edure for processing 'license applications was to.obtain' mor_e', information for, the Council at the time ,the applications were, being cohsidered. Review by City departments has been received" but, reports havenbt been ' received from, the ,OLCC on the Rocinante or Bonanza applications:. Manager' suggested holding those two until reports are received. 'Mr. Mohr moved seconded,byMrs. Beal to recommend approval of the applica- tion for the Pizza Palace. It Mrs. Campbell and Mrs. Beal expressed concern, about parking and other traffic problems in the vicinity of the Pizza Palace and suggested delaying action on that application until a report could be prepared on traffic congestion which might be added, by this 'particular establishment. Manager, explained that part of the re- view of the Police and Traffic Engineering Departments is with regard to, traffic. He said there were' no objections from owners of neighboring ,properties. Answering Mr. Teague, Manager said annual renewal of liquor 'licenses will permit review of the establishments, but traffic would not be considered a reasonable, basis for not renewing a license. He said the City departments' recommendations 'take the, form of saying there are no reasohsnot to renew a license, ,and it is pre- sumed,in' this' instance the :change. in type of license ,was, not suffi<;:ient, t,o create additional. problems. ," Answering Mr'. ' McDonald's questions ,Manager. detailed, the, recently adopted procedure for processing applications for liquor licenses 'from the time they are filed with -the Finan'ce Department t'o theirpresent'ationto the "CounciL Manager said, recommenda- tion for approval may be denied by the Council for its own reasons' but not based on State law; when renewal requests come in, then problems of that nature can be con- sidered. He said this particular request for greater privilege presents no reason for d,enial,sin'ce ,the establishme"nt 'does now have a liquor license. ..- : '. Councilman Bradshaw questioned consideration of penalizing the owner of the Pizza Palace sin'cemajor sour-ce of traffic' congestion in the, area is from attraction of high school-age' people' to the A&W stand at 29th and 'WilJ,:amette. ,Mrs. Campbell said the A&W stand is the only place in that area for teenagers to go since they cannot frequent the Pizza Palace. " ," A vote was taken on the motion as stated, and motion carried, ,Council- men:' Beal', McDonald; and Campbell voting no . It was understood the: applications of the Bonanzaartd Rocinante, Inc., would be held for receipt of report from the local OLCC, and that copies of the new pro- cedure 'for processing applications will be distributed to Council members. lid 4/?4/7? - l:i IV-ORDINANCES..,...>. Council Bill No. .9-621 - Vacating alley.between east 160'-' feet, 'submittedand':read the .firstc.time"on date, was~brought backfor':consideratmon. 7th and 8th Avenues from Olive Street April' 10,.:.1:9 nand' held" over to tIfis . - -I": " . --'1: ~.(. .~. . ~' '. ..t . Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, and that enactment be considered at this time. - . . '. . . ~ - - - . -- .,.'. . . .' . Joe Richa~ds, attorney for Eugene Renewal Agency, reviewed local grant-in-aid and co- operation agreement between the City and the Agency with regard to the :downtQwn renewal project. He'said one of theHUD requirements' was' that' the' City agree ,to,whatever steps necessary to'niake'.vacated land' in theproje'ct availab-le to :the Agency: at,'no cost..to the Agency. He said vacation of this alley was, contemplated in the original, plan for,the urban renewail pr'oj ect .antl~ contained wi thin- the..terms', of: that 'agreemetl:t.~ '.~,Oregon '~aw p~ovides no requirement for reimbursement to Paci:fic"Northwest. BelL "There is noway, the Agency can legally obtain vacation other than for the City to meet its agreement. As to the suggestion for retention of easement, Mr. ,Richards said in that event, HUD will not grant funds. ,c.' ! Brooks Dickerman,- manager for P,acific Northwest Bell; said his company still feels vacation of the property will' benefit a private individual"and not: the general public and since by franchis'e -ri'ght formany,"years .thecompany has' utilized alleys .. for. its facilities and has moved to underground installations in alleys in the downtown area, they should be reimbursed for removing those: fa:cili ties. . He' said .the. Company' has considered asking for retention of easement forcing the Agency to go t'ocondemnation, but:'they have decided that it is a Council decision and will ask for what they think is fair to Pacific Northwest Bell. Stan Long, assistant city atIDorney, said the. City is obligated to vacate the,alley in re- sponse to the Agency's request at no cost to the Agency, and .that. it appears a breech of that agreement would leave the, Agency no choice but to go to condemnationand'pay for ease- ment rights. . . ." ., ~L~.- . . , ::} '.. . ; '. Answering Mr. Teague, Manager :explained .the original plans :of the Agency and showed maps of the area requested to be vacated and properties which will be consolidated by that vacation. Manager further explained provisions of the franchise. agreement with Pacific ,Northwest Bell, in answering Mr;' Williams T. 'questions',with regard' to. removal, of privat,ely-owned public uti.lifies' for publi'c"benefit'; 'C: Mr~-Wi-ll'i'ams, said if. .vacating. for public bene'fitmeans that it allow~ consolidation of properties for better utilization to increase. building in the community' and more land.on the" tax rolls ,then he feels there' is no' such-thing .as vacating for private benefit. . He 'referred to the ,alley vacated and reverting to ,tl1e ,Register-Guard and said if there are certain kinds of vacations that ac cr'ue. to the ,private .sector, funda- mentally public land going into a project ending with the private sector, then he doesn't believe. -ltis dorrect. to say.the public:utilities should .be.force_d to bear ,the cost for what is essentially benefit to private venture. Mr. -MdDon'ci.ld':remarked that-the' Register'-Guardvacation. was petitioned' by private property owner whereas -this' vacation is petitioned. by. .the Renewal Agency , a public body. Mr. Hershner 'asked' whether private 'landor Agency land abut's. ,the alley and whether the phone ci::>Tlipan~rcables were: installed before' .or 'after the renewal, p:lanswere ,announced. Manager explained that :h"alf of. this vacation will revert to the Agency which owns property abutting on one side of the alley, the other half will revert to privately-owned property on the other side. Mr. Dickerman s-aid. the. telephone cablesw,ere"install~d :quite. a while before 'the urban' renewal'pro]ect was'-planried';:,' :~. ' " .., - ',7-j/ Mr. Williams suggested that ,the Council vacate. the alley but not the utility easement, rather' that' it go' to . condemnation .by the Renewal Agency or in. some other manner be retained, leaving the phone company its rights in the alley pending satisfactory .solution -of the issue. Manager in .ahswer.~to Couneilman Her.shner said the phone cables,'in. the, alley are there by franchise rights, not easement. rights. . Mr.: Hershner questlorie:d whether the phone company can retain franchise rights should the alley become . private property thrQligh vacation. Manager said the suggestion was' that 'part of the alley. be.reserved as ,public land for easement.pur'pcises.. "! ;'.',"" . ." ,,' '-;, Councilman Teague suggested the 'Council vacate the half which-will revert to the Renewal Agency, but that the owner of private property to which _the other half of the alley will revert be asked to pay a.fair-share of the cost'for-moving.,the'utilities,pllls buying the larid froIIi:'the' city 'at' 'afair' price; '.Managersaid there ~is _the legal ~obligatiQn to abide by the. co':'operation agreement 'wi th' the Agency, and since : the' Ci.tYohas, the l~gal right to re- quire that the al'ley-be abandoned by the phone 'company the.:Federal go.vernment will not allow Agency funds to pay for removing those facilities. That being the case, there ap- pears to be no way of requiring the owner of private property to also make that payment. He said the City's'legal position, appears 'such that-it would be a'violation of the contract with the Agency either to retain an .easement 0r. refuse to vaeate unlesp payment is made by someone. The Assistant City A~t6rney recommended compliance with the Agency's request for vacation soas-not:to. prejudice. any possible future litigation. :.' " . " - 'r /13 4/?4/7? 14 Ii O{ David Hunt, executive director of the Renewal Agency, in answer.. to Councilmen. Teague and Hers-hner, explained the original plan with regard to alley vacations in the renewal area and what may be expected in the future. He said the co-operation agreement between the Agency and the City was not a specific requirement for this project but something' required by HUD and developed after years of working with renewal agencies on urban renewal. . Further discussion centered on long-standing policy of requiring compensation for land vacated and reverting to private ownership and distinction between the "public" or "private" benefits of this vacation. Mr. Long referred to a letter from the telephone company's counsel agreeing with the premise that the City may require removal of the company's facili- ties in return for the right to use the public right-of-way. He said under the franchise agreement the phone company has no vested property rights. Mr. Dickerman took issue with the statement that the phone company has no ;vested interest in cable that has been in the alley for about twenty years and which will cost $4100 to move ." He said he is not asking violation of any agreements or anything not legally proper, ohly that they receive fair treatment. He said there may be as many as ten more instances of. this nature where the telephone company will have the expense of moving cables after pursuing a policy for" some time of installing them in the alleys. Mr. Richards restated the franchise rights, saying they are permissive and revocable without reimbursement whenever right-of-way for public requires it. .Mr. Dickerman cited a case in Salem wherein water tanks were asked to be moved without compensation, saying opinions ex- pressed in that suit were contrary to opinions expressed here. . Mr. Hershner said in view of the philosophy to vacate public land to allow consolidation of downtown properties he would vote for the vacation without contingencies even though it would appear to be of some benefit to private ownership. In so voting, he said, he hoped the Council would still follow the policy of requiring compensation for public land vacated for private benefit outside the urban renewal project boundary. In answer to Mr. Teague, Manager said there is provision for service trucks in the area if the alley is vacated. A vote was taken on the motion to read the council bill the second time by number only, and motion carried, all councilmen present voting aye, except Mr. Williams voting no. Mr. Mohr moved seconded by Mrs. Beal that the council bill be approved and giMen final passage. Rollcall vote. All councilmen present voting aye, except Mr. Williams voting no, the bill was declared passed and numbered 16429. .. Council Bill No. 9636 - Paving streets within Loma Park Supdivision, was subm~tted and read the first time by council bill number and title only, there being no councilman re- questing that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the ~econd time by council bill number only, with unanimous consent of the Council, and that eriactme~t ffi conside::ed ~t this time. Motion carried unanimously and the bill was read the second tlme by councll blll number only. Mr. Mohr moved seconded by Mrs. Beal that tqe bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16430. Council Bill No. 9637 - Adopting~ans and specifications for paving ~tre~ts within Loma Park Subdivision, was submitted and read the first time by council bill number and title only, there being no councilman present requestingii:: be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the ~econd time by council bill number only, with unanimous consent of the.Council and that.enactment be cODsidered ~t 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 t~e bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16431. . Council Bill No. 9638 - Construction. of sanitary and storm sewerS within Loma Vista Park Subdivi~ion, submitted and readthe first time by council bill number an9. title only there being no councilman 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 cons idered at this time. Motion carried unanimously and the bill was read the" second time by council bill number only. Mr. .Mohr .moved Rollcall vote. mimhered 16432. seconded by Mrs. Beal that the bill All councilmen present voting aye, . 4. . . /1 be approved and given final passage. the bill was declared passed. and ~- ,~- :-,", "' 4/24/7? - 1"1 r Council Bill'No. 96~9 - Ad~ptingpl~s and specificatio~fo; construction .of and storm sew~r.s ,wi thiri, L~l\l~ Vi_st,a Park Subdivision, '~ubmi tted and).readthe .first coUncil bill riUTI)ber ,and, title only,,' there being no .councilmap pres'ent requesting be read iri full. . . sanitary time by that it '''j I " Mr. Mohr move,d seconded, by Mr,s.. Be.;3l thi3:~ number: only',. with"manimous 'consent- of the time.' MotTon car~i~d \inan,imoi.mlY'i 'and', t.l!.e numbeponly. . ' the bill be, read tre. secc>nd time,J;ly :council bill 'Council, and that. enactment be considered at this blll was r~qd the se90nd time by~ council bill . , , ' ,-,".- , - - . . . : .. '.,' '; " .- I ~ , . Mr. Mohr moved seconded 'by Mrs: Beal tli~t ',the' bii'~ .be 'approved" an'dgi v,en Rollcall vote.:'" Aif councilmen prE:lsent' vot~ng aye.; tl).e bill was de'clared 16433. " final passage. pa~sed and numbered . ~ .,. ; n ,I . 4 , ,_ . _ .' , " . . '. . .', '-, ' . , '. . , ~ :. Council Bill" No. 9640'- Constriuct,.f6ri' (if pedestrian walk" within Loma Vista Park, sub- mi tted' and"read' the first' time by, council bill number. and title only, t~ere, being no council- man present :requesti~g that it be read in ful1.'".. . ,'" . I Mr. Mohr moved seconded by Mrs. Beal that the bill be read the .second time by council bill number 'only ~ with,' unanimous corise:nt~ of the ,CounCil" an~.. thatenactmenL be .c.onsidered at this time.' Motion. carried un~im61illly arid the,ibil1 wa~ read tpe. ,3econd' ti~e,by ~ouncil bill number' only. .. , Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcfl,il vote., Ail .co~<?il:men,present, voting ay~, tl!.e bill. was ,declared, passed and numbe:red 16434. . J.I' . Couricil Bill 'No. '9641 - Pavingstreeis within' Summit Si'-de'Park Subdivision ,: submitted and read the first time by cOuDcil bill number and title only, there being no' councilman present requesting that.. it l?e re~d i)1, ful1.. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous ,consent of:t~e Council, a)1d,~ha~~na~tment be, considered at this time.. Motion carried 'unanimously and tl).e bill.was read the second time by council bill number only ~ .. .' Mr. Mohr moved secopded RY .Mrs. Be~~ that, the bill be approved and given final passage. Rollcall vote. All. coUncilmen present voting aye, the J;lill w~s declared passed and numbered :. ..' ,;. t. 16435~ Council Bill No. 9642 - Adopting plans and specifications for paving streets within Suminit Side Park Subdivision, submitted and read the' first time -by council bill number and title only,' there being no councilman 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 manimously and the bill was read the second time by council bill number only. . Mr. Mo'hr moved seconded by Mrs. Beal that the bill l;:>e approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill ,was declared passed cind,riuIDbered 16436 . Council Bill No. 9643 - Construction of sanitary and storm sewers within Summit Side Park Subdl vision, ,submitted and read' the first time by council bill number and title only, there being no councilmen requesti:!-g 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 theCouncil, and that enactment be considered at this time. Motion carried unanimously and the bill was :read the second timeby'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 16437. Council Bill No. 9644 - Adopting plans and specifications for construction of sanitary and storm sewers within Summit Side Park Subdivision, submitted and read the first time by council bill number and title only, there being no councilmen requesting it be read in full. . Mr. Mohr moved seconded by Mrs. Beal that the bill be read thesecond time by council bill number only ,--withUl1animous 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 Rollcall ,16438.- moved vote. s.econded by Mrs. . Beal that the bill All councilmen present voting aye, //5 be approved and given final passage. the bill was declared passed" and numbered ',~ " ,,--, Council Bill No. 9645 - Paving streets within Chase Park Subdivision~ submitted and read the first time by council bill nurriber and title only, there being no councilman 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 th.at enac_tment b.e cons.idered at this time. - . Motion carried unanimously and the bill was read. th.e s.econd t~~e 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>numb-ered 16439. Council Bill No. 9646 - Adopting plans and specificatioIB for !Hving streets within Chase Park Subdivision , submitted and read the first time by council bill number and title only, there being no councilmen 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 t~me 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 pumbered 16440. . Council Bill No. 9647 - Construction of sanitary and storm sewers in Chase Park Subdivi- sion, submitted and read the first time by council bill number and title only; there being no councilmen prese It 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 0:6 the Council,L and .that enactment be considered at this time. Motion carried unanimously and the bill was read the second.time: by council bill number only.. . I . .' I.' Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rolil:call vote. All councilmen present! ,voting aye., ithe bill was declared passed and .numbered 16441. ' ". Council Bill No. 9648 - Adopting plans and specifications for construction of sanitary and storm sewers in Chase Park Subdivision, submitted and read the firs.t time by council bill number and title only, there bein'g 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 16442. Council Bill No. 9649 - Paving streets within 11th Addition to Edgewood Estates, sub- mitted and read the first time by council bill number and title only, there being no council man present requesting. it be re'ad iri 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 'thebill'was read the second time 'by council bill mi.mber 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 16443. " . Council Bill No. 9650 - Adopting plans and specifications for paving streets within 11th Addition to Edgewood Estates, submitted and read the first time by council bill number and title only, there being no councilman 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 16444. ~ . , :- /10 :. Cbuncil:Bill::.,No. 9651 - eonstruction:of sanitary .arlrldstorm sewers within Ilth_. Addition to. Edgewood' Estates, submi:t:ted and read the first time. by councilbill nurriber- and title. only, there being no councilman requesting that it be read in full. Mr.- Mohr moved seconded by Mrs. Beal that the bill be read .the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this .-.'=- t-ime. - 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 gj. ven final passage. Rollcall vote. All councilmen present voting aye, the-' bill was declared passed and numbered 16445. ' Council Bill No. 9652 -' Adopting' plans and specifications for constru'ction of. sanitary and s~ormsewers within 11th.Addition to Edgewood. Estates, submitted and read the first time by council bill number and title only, there being no' coucilman 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 1lIl.animous consent of the Council, and that enactment be con'si.dered 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 rinal passage. Rollcall vote. All counciilimen present voting aye, the bill was declared passed apd numbered 16446. Council-Bill-~o. 9653 - Constructibn:of pedestrian wBlkwithin-llth Addition to Edgewood ~, Estates, submitted and read the first time ny Council bill number-and tit~e only, there be- ing no councilman 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,andthat 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 qnd.numbered 16447' Council Bill No. 9654- Paving streets within WingateparkSubdivision, submitted and read the first time by rouncil bill number'and title only, there being no councilman re- questing that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read tle 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 16448. . Council Bill No. 9655 - Adopting plans and specifications for paving streets within Wingate Park Subdivision , submitted and read the - first time by council bill number and title only, there being no councilman requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16449 . -Council Bill No. 9656 - Construction of sanitary and storm sewers witbin Wingate Park Subdi vision, submitted and read the first time by council bill number and .ti tIe-only, there being no counclman requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. . ,,-'~ Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and 'numbered 16450 . t . -" " , -': 1/7 Council Bill No. 9657 - Adopting plans and specifications for conStruction,mfsanitary and storm sewers within Wingate Park Subdivison, submitted and read the first time by council bill :n1.llllber and title only, ther~ being no c01.ll1cilman requestiiig-eh~t.' itbE7.-re~(tinfuIT. ~ . "~ .-- ,. ...., ,-. ....... ..-:---... . ~ ~ . _. ". ',-,: . ~ M~... Moh~ moved seqon4ed by Mrs. Beal that the bill be read the second time by c01.ll1cil bill numb~r oply, with1.ll1animous consent of the C01.ll1cil, and that enactment be consideredat this time. Motion .carried 1.ll1animously .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 pass age. Rollcall vote. All cOUJ)cilmen present voting aye" the bill was declared paf3sed and ~umbered 16451. Council Bill No. 9658 - Paving Myers Road from Gilham Road to 450 feet west, submitted and read the first time by c01.ll1cil bill n1.llllber and title only, there being no c01.ll1cilman requesting that it be read in full. Mr. .Mohr moved~,econded by Mrs. Beal.!:hat the bill be read the second time by council bill number only, with unanimous cqnsent 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 16452. ."'. -, Council Bill No. 9659 - Adopting plans and specificatiom for paving Myers Road from Gilham Road to 450" feet west, ,submitted and read the first time by council bill number and title only, there being no councilman requesting that it be read in full. Mr. Mohr roared seconde.d by t1rs. Beal that the bill be read the second time by council bill number only , with, unanimo,us 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 16453. Council Bill No. 9660 - Paving alley betwe~n 3rdand 4th from Mill to onehalf block east , submitted and read thefirs.t time by council bill nurril:e:> 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 c01.ll1cil 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 fue second time by council bill number only. .' Mr. Mohr moved seconded by Mrs. Beal that the bill be approved apd given final passage. Rollcall vote. .All coundifuen present voting aye~ the bili was ~eclared passed and numbered 16454. Council Bill No. 9q61 -, :Adopti~g plans and specifications for p,~ving alley between 3rd and 4th from Mill to one-half. block. east, submitted and read the first time by co1.ll1cil 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 1.ll1animo:us consent of: the Council, and that enactment be considered at this time.' Mot,ion 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 [16455. ," .. . Council Bill No. 9662 - Paving alley between Willamette and Olive from 17th to 18th, submitted and read the first t.ime by council bill ,number and title only, there being no councilman present requesting that it be read in. .full. " Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number .only ; . with unanimous consent of', .the Council, . and that enactment be considered at this time. Motion carried unanimously and t.he. 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 J:"lumbered . , . 19456. '- -"-.:" ' " //'6 " Cotincil Bill No. 9663 ~Adopt~ng plans and specifications for pavlUg alley between Willametteand alive from, 17th to 18th ,sUbmitted and read the first time by council bill 'number ann 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 ti,me by council bill Iiumberonly ,with' unanimoUs consent of the Council, and thateriaCtmerit be consl.derea at this time. Motion' carried unanimoUsly and'the 'bill was read the second time by counCil billl 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 16457. Co~cil Bill No. 9664 - Construction of storm sewer within Echo Hollow Park PUD, sub- mi tted and 'read the first time by council bill number 'and title only ,.there being no couneil- man present requesting that it be read in full. Mr~ Mohr mOved seconded by Mrs l Beal,that the bill be read the second time' by council bill -number' orily', with linanimous consent of ,the Counc:il, and that' enactment b-e COnSl-<Elred 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 16458. Council' Bili' No. 9665 -' Adopting plans and - specifications for construction of storm sewer .'-'. within Echo Hollow Park PUD, submitted and read the first time bycouDcil bill number and title only, there being no councilman' p'resent 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 tne Council, and that enactment be considered at this time.' Motion carried unanimously and 'the bill was read tle second time by 'cc5uncil bill number only. Mr. Mohr moved seconded by Mrs.' Beal that' the Ibill be approved and given final passage. Rollcall vote. All councilmen present voting aye , the bill wasde~~,Cll'ed, passed, "qnd'numbered 16459. ' Council Bill No. 9666 - Construction of sanitary sewer on Bertelsen Road 'from SPRR tracks to 5tll," Avenue, submittedari.d read the first time :by council bill number and 'title only there being~ no councilman present requesting that it' be read in full. C~uncil Bill No. 9667 - Adopting plans and specifications for construction of sanitary sewer on Bertelseh Road froill SPRR tracks to 5th Avenue, submitted and, read .the first time by 'council bill nUmber and title only, there being no councif~~-pre;~nt requesting that it be read in full. '.' Mr. MOE~ 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 16461. Council Bill No. 9668 - Construction of sanitary sewer on Roosevelt Boulevard from Garfield Street to 900 feet east, submitted and read the first time by council bill number and title only" there being no councilman present requesting that it be read in full. . Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second tIme by council bill number only , with Unanimous 'consentbof 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 16462. )/9 Council Bill No. 9669 - Adopting plans and specifications for construction of sanitary sewer on Roosevelt BoUlevard from Garfield Street to 900 feet east, submitted and read the first time by council. bill. number and title only, there being no councilman present request- ing 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 nnanimousconsentof 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 16463. Conncll Bill No. 9670 - Levying assessments for paving, sanitary and storm sewers, within Meadowbrook SUbdivision (71-28), submitted and read the first time by council bill n~er' and title only, there being no councilman present requesting it'De 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 held over to the May 22, 1972 Council meeting to allow proper notice of assessment to be given owners of af€ected prop- erties. Motion carried unanimously and the bill was read the s~cond time by conncil bill number only, and held. . Council Bill No. 9671 -Levying assessments for pavlgg, sanitary and storm sewers ,. within Mark "J" Plat (Buck Street from 14th to north of 13th, Quaker Street from 14th to north of 14th, and 13th from Buck Street to Acorn Park Street )(71-36), 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 held over to the May 22, 1972 Council meeting to allow proper notice of assessment to be given owners of affected prop- erties. Motion carried unanimously, and the bill was read the second time by council bill number only, and held Council Bill No. 9672 - Levying assessments for paving, sanitary and storm sewers within 3rd Addition to Churchill Highlands (71-26), submitted and read the first time by council bill number ffid title onl~, 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 conncil bill number only, with unanimous consent of the Council, and held over to the May 22, 1972 Council meeting to allow pr9per notice of assessment to be given owners of ?ffected prop- erties. Motion carried unanimously, and the bill was read the second time by council bill number only, and held. . Council Bill N6~ 9673 - Levying assessments forsaniiary sewe'r in 1st Addition to Universal Industrial Park (1'/2<:: levy)(71-1014), submitted and'read the first time by council bill number and title only, there being no councilman present' requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the 'second time by council bill nurriber only, with unanimous consent of the Council, and held over to the May 22, 1972 Council meeting to allow proper notice of assessment to be given owners of affected prop- erties. Motion carried unanimously, and the bill was read the second time by council bill nurriber only, and held. Council Bill No. 9674 - Levying assessments for sanitary sewer in 8th Addition to Echo Hollow Park (1/2<:: levy)( 71-1003)" submitted aild read the first time by council bill number and title only, there being no councilman present requestirgthat 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 held over to the May 22, 1972 Council meeting to allow proper notice of assessment to be given owners of affected prop- erties. Motion carried unanimously, and the bill was read the second time by council bill. number only, and held. , Council Bill No. 9675 - Levying assessments for sanitary sewer - East Bank Trnnk on Goodpasture Island Road, Kingsley Roag, and along soUh bonndary Marist School (68-66), sub- mitted 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. Beat that the bill be read the second time by council bill nurriber only , with unanimous consent~orthe Council, and held over to the May 22, 1972 Council meeting to allow prpper notice of assessment to be given owners of affected prop- erties. Motion carried unanimously and the bill was read the secorrl time by council bill number only, and held. IdO v - RESOLUTIONS i . " Resolution No. 2043, - Authorizing appointmen,tof' Joint Committee onCoJ1lIljunity Schools, togethe'F with School District'4J, 'Bethel School. District 52, Lane Community.College" and Lane County, was submitted and read. Mr. Mohr., moved seconded ,by Mrs. Beal: tol adopt the: resolution. Motion carried, unanimously, on; rollcall vote. Resolution No. 2044 - Authorizing easement to Bureau of Lane Management (U.S. Government) for roadway in Cogswell Creek area (EWEB), was submitted. Mr. Mohr moved seconded by Mrs.' Beal to adopt'the resolution. 'Rollcall' vote. All councilmen present voting aye, motion mrried. Resolution No. 2045 ..,. .Transmitting to Planning Commission for hearing May' 2, 1972 zoning of' newly' annexed areas, CoEleamendment (definition" "corner lot'" and' ";3tr~et"), ,and designa- tion of Sigh Boundary of Industrial District, was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. ' Rollcall vote. Motion carried, all councilmen present voting aye. ~-t 1.. Resolution No. 2046 ~ Authorizing payment of bills and claims for period April 10 to 24, 1972, wa s submitted. <Mr. "McDonald asked about ,the $146',000 I item for fringe benefits, --and FinaT,lce Director replied that insurance payments are made quarterly, and' PERSpayments are made annually. Mr. Monr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote~, All' councilmen present voting aye, the motion carried. 'Upon motion .duly made, seconded~ and carried, the meeting :was adjourned. "I I ' As a matter of record' , it is noted that ex officio members of the Airport Commission are Bill Maddron, chairman' of the Chamber of Commerce Aviation Committee (required by ordinance); Ed LeShane, Air West; and John Sedell, United. - \- . , '~ 1c2 / .- . . ,/