HomeMy WebLinkAbout06/26/1972 Meeting
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Council Chamber
Eugene, Oregon
June 26, 1972 ,
. Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from the meet-
ing of June 15, 1972 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m.
on June 26, 1972 in the Council Chamber with the following councilmen present: Mr. Mohr (arrived
later), Mrs. Beal, Messrs. McDonald, Teague, Williams, Hershner, Mrs. 9ampbell, and Mr. Bradshaw.
I - Procla~ation - Canvassing votes cast June 20, 1972 in election to exceed 6%,limft~tion
by $2,775,494 was read. The vote was For 3,007; Against 5,083:' -
Mrs. Beal moved seconded by Mr. McDonald to 'accept the proclamation. Motion carried
unanimously.
II - Public Hearings
A. 1972-73 Budget - Total budget of $21,005,713 was submitted, calling for tax levey of
$7,500,084, requiring $2,775,494 outside the 6% limitation. Manager said a meeting
of the Budget Committee has been scheduled for Tuesday, June 27, to review and make
decisions on how to balance the budget.
[n answer to Michael Sprague, 662~ East 14th Avenue, Manager said the fire budget
increased about $206,000 and the police, about $249,000 more:-than the 1971-72 budget.
The increases are due to various items, one of which is negotiated salary increase.
Mayor Anderson reminded Mr. Sprague that the purpose of the hearing was to present
. testimony or comments on the budget, and that answers to specific items of the budget
should have been obtained prior to the meeting. Mr. Sprague said the process does not
serve the people, and left the meeting.
There being no further comments, the hearing was closed.
B. Liquor License Applications - New
1. Grogg Shop, 1677 Coburg Road - Robert C. Beckley (RMBC)
Staff has no reason for recommending denial. Local OLCC investigation indicates
that of 18 neighbors contacted with regard to the Grogg Shop location, 13 objected.
Jerry Vinson of Willakenzie Market, 1645 Coburg Road; Burl Edwards, owner of beauty
shop at 1677 Coburg Road; Harold Olsen, 1690 Coburg Road; Robert Baker, 129 Roundup
Drive; Jim Vanderplaat, director of the Medical Diet Service at 1677 Coburg Road;
and Paul Bendix, owner of apartments at_l600 Adkins Street opposed the establishment
I of a tavern at 1677 Coburg Road. Their objections were based on insufficient park-
ing space and traffic congestion, further cleanup problems in the parking lots, compe-
tition to established market, considerable number of residents in the area opposed
I ,to its location, proximity of open campus high school, Willakenzie area long con-
sidered "bedroom" area of City and tavern location would n'ot be a compatible use, noise
and drunkenness creating disturbances for nearby apartment dwellers, and possibility
. of careless driving by those leaving the tavern.
Mrs. Beal moved seconded by Mr. Teague to recommend to the OLCC that this
license not be granted.
I Mrs. Campbell asked whether this testimony will be available to the OLCC. Manager
replied that although there is a time lag in preparation of the minutes of this meet-
ing, they will be available if they are wanted.
Vote was taken on the motion as stated, and motion carried unanimously.
2. Riviera Tavern, 99 River Avenue - John T. Langan'RMBC)
Staff has no reason for recommending denial. Local OLCC investigation indicates that
of 12 neighbors contacted with regard to its location, 9 objected.
John T. Langan ,applicant, said there is ample space provided for parking and that
there are not too many taverns in that area at the present time. He said he has had
no complaints from people living near another taVern which he operates.
John Bartels, owner of housing units across the street from the proposed tavern loca-
tion; Jeff Lynn, area supervisor for McDonalds' restaurants; and Marvin Cornutt,
121 River Avenue objected to location of the tavern at 99 River Avenue on the basis
. of its proximity 'to multiple-family housing where there are children and retired people
and to schools, possibility of brawls, feeling of its being 'detrimental to the image of
McDonald's restaurant which caters to three-to eight-year olds who bring their parents
out to eat, late hours, noise, and not compatible with that neighborhood.
Letter of protest was noted from Mrs. Russell Wilcox, 409 River Avenue, based on
proximity to schools, M~Do,pald's restaurant, and number of children in the area.
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Mr. Langan showed Council members the proposed location on a map and said he has an
option on the property and was under the impression the application was approved.
Manager reviewed the Changes in procedure for processing applications and explained
that the Council action is recommendation, the GLCC has final authority.
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I: Mrs. Beal moved seconded by Mr. Teague to recommend. against granting this e
license.
Councilman Williams noted, in view of testimony with regard to proximity to schools,
that, there is a pizza parlor across the street from the proposed location which serves
be~~.' '
Vote was taken on the motion as stated. Motion carried, all councilmen present
voting aye,' except Mr. Williams and Mrs. Campbell voting no.
C. Zone Changes
1- West 11th between Lawrence and Washington (McNutt) - Requests C-2 SR
,.- --- --. - - Planning com=-
'Zone Change, West 11th between Lawrence and Washington (McNutt)
mission May 2, 1972 recommended C-2 SR zoning (now Rood) with site review pro-
cedures on parking provision and landscaping and buffering of site before
issuance of building permit. The property lies west of the existing State Em-
ployment Departmen,t. a!ld~ill be used for additional building and parking space.
Councilman Williams asked in view of the commercial uses noted on the corner
of that block whether it would be advisable to consider rezoning the rest of
the block to conform to use in existence. Assistant Planning Director ex-
plained that the corner property, on which there is an office under non-conform-' .
ing use, will be considered for C-2 zoning in July and the property between that
and the balance of the block also will be considered for C-2 and C-2 SR zoning. Comm
The Planning Commission has decided to hold further commercial zoning in light 6/14/72
of residents' concerns wi th regard to preservation of that area for residential PubHrng
uses.
Council Bill No. 9737 - Rezoning To C-2 SR area on West 11th between Lawrence and Washington,
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.
Vern Gleaves, representing John McNutt, owner of the West 11th property adjacent to the
State Employment office, said the State plans to extend its parking space to the west. It
was felt appropriate to determine the Council's reaction to rezoning the property now used
for parking (under conditional use permit) prior to Planning Commission consideration of
qommercial zoning (C-2) on the balance of the property on~the south side of 11th west of the
subject property. Site 'review procedure on the C-2 zoning is acceptable to the petitioner. I
Mr. Gleaves said the only projected use for these properties is for enlargement of Depart-
ment of Employment facilities.
In response to Councilman Hershner, Mr. Gleaves said if rezoning of the one lot, is rejected ,.
by the Council, the Commission would not be inclined to rezone other properties to the west.
Mr. Mohr said that consideration at this time is given only IO this petition, to relieve a \4
space problem. He would be reluctant to go any further than that.
Mrs. Beal asked whether the site review procedure will apply to the new construction or only
to the proposed enlargement of the parking area. Mr., Gleaves said the site review pro-
cedure will apply only to the property under consideration now, although in development of
the adjacent lot for parking there are certain requirements of conditional use with regard
to screening. It was further brought out that the zoning ordinance specifically requires, I
under site review, approval of off-street parkigg, ingress and egress ,and buffering.
Mrs. Campbell asked the Council to also consider that the group interested in planning for
the area immediately west of downtown asked no further commercial zoning which would tend
to contribute to deterioration of the residential character of the neighborhood.
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 enact-
ment be considered at this time. Motion carried unanimously and the bill was
read the second time by council bill number only.
Mr. Mohr moved seconded by Mrs. Beal that the bill be approved 'and given final .
passage. Rollcall vote. All councilmen present voting aye, the bill was de-
'clared passed and numbered 16533.
2. 1755 West 18th (Daggett) - Requests C-l SR
Planning Commission June 6, 1972 recommended approval. COmIn
Mr. Mohr moved seConded by Mrs. Bea~ to ho~d a'pub~ic hearing on'the request. 6/2~/72
Motion carried unanimously. ,5 Pub Hrng
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Council Bill No. 9738 - Rezoning to C-2 SR p~ope~ty at 1755 West 18th (Daggett),
was submitted and ~ead the fi~st time by council bill numbe~
. and title only, the~e being no councilman p~esent ~equesting
that it be ~ead in full.
Councilman Williams noted that this o~iginally was a conditional use ,but is now being
~equested fo~ ~ezoning. Manage~ said the laund~omat o~iginally at this location existed
unde~ t~ansitional use when the~e was no conditional use p~ovision in the zoning o~dinance.
M~. Moh~ moved seconded by M~s. Beal that the bill be ~ead the second time by
council bill numbe~ only, with unanimous consent of tlE Council, and that enact-
ment be considered at this time. Motion carried unanimously and the bill was
~ead the second time by council bill number only.
M~. Moh~ moved seconded by M~s. Beal that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, the bill was de-
clared passed and numbe~ed 16534.
'D. Levying Assessments
Council Bill No. 9699 - Levying assessments for sanitary sewe~ in Crest Heights Sections
G & H (a~ea bounded on north bynne 300 feet north of that por-
tion of C~est D~ive extended which lies on south line of NW\,
'. Section 7, T18S, R3W, W.M., on east by a line 200 feet east of
Law~ence St~eet extended, on south by 40th Avenue extended, and
on west by a line 800 feet west of Blanton Road), submitted and
read the frist and second times on May 22, 1972 and held to this date to allow prope~
notice of assessment to~be given owners of affected prope~ties, was brought back for
consideration yith letfi:f. b"f"::p:rotest frb.:n__MjTr~-Garnet Estate noted.
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Public Wo~ks Di~ecto~ showed Council members the lots involved on a map. He said the
City could be challenged if standard assessment procedure is not followed.
Mr. Mohr moved seconded by M~s. Beal that the bill be approved and given
final passage. Rollcall vote. All-councilmen present voting aye, the
bill was declared passed and numbered 16532.
E. Annexation - Oakway Golf Course
I Annexation, Oakway Golf Course - Planning Commission May 9, 1972 recommended
approval, including the Cal Young home site opposite the intersection of Ca1
Young Road and Norkenzie, subject to the condition that the owners agree not
to request sewer service for the southwest portion of the property until City
sewers are on Country Club Road, and subject to the suggestion that the developer
. ,consider the need of a school site and a variety of housing types to comply with
:the City's housing policy. Also, subject to deeding of additional right-of-way
for Oakway Road as the development progresses. It is the understanding that
:the applicant for rezoning proposes to develop the property through combination
of a smaller golf course, different densities and conformations of residential (
I use through PUD procedure.
Councilman Williams expressed concern with the amOunt of multiple housing in
the area and additional traffic load crossing the Ferry Street bridge if the
proposea housing is added.
Manager said as a matter of interest an annexation request coming to the Boundary
'Corrunission in July, if approved, will result in complete encirclement of that
: area ~round the Valley River and the entire Wi1lagi11espie area. This Oakway
annexation is a part of that area. Boundary Comndssion, in considering its posi-
tion, has asked whether the City favors this encirclement. Staff discussion
leads to belief that this area does belong in the City and that any further
annexation of property within that island area should only occur as the City Comm
is in position to provide services and initiates such annexation itself, lead- 6/14/72
ing to a series ,of ~ctions rather than the entire area being annexed a~_one time. Pub H~ng
Annexation, OakWay Golf, Course '"":" C-ouncilmarf'McDonald questioned the reason -for
- annexation of the Oakway Golf tourse property. "Assistant Manager explained
that the annexation was petitioned for housing development. Mr. McDonald ex-
pressed concern with resulting traffic in view of the present load crossing the Comm
Ferry Street bridge. Mayor Anderson noted that these questions would be brought 6/21/72
out in public hearing (scheduled for Monday, June 26,1972). Pub Hrng
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Resolution No. 2067 - Initiating boundary change and transmitting to Boundary Commission
request to annex Oakway Golf Course property, was submitted.
Manager explained that the area includes the entire Oakway golf course, plus the
Cal Young home site on Cal Young Road in the Planning Commission recommendation. -
The recommendation included the understanding that sewers will not be available .
to certain portions of the property until facilities are constructed.
Councilman Mohr suggested that precedent set by moratorium on annexation in the
.South Ridge area would be applicable in this instance because of anticipated
increase in traffic across the Ferry Street Bridge from the proposed housing de-
,velopment on the property. He suggested possible postponement of the annexation
because of several unknown factors with regard to development in the area.
Mr. Williams concurred, saying that traffic flow from Franklin: Boulevard,
practically at a standstill now, raises the question of how to handle additional
traffic which would be generated.
Mrs. Campbell asked about sewer service for the property. She noted the incon-
sistency of rot approving annexation of this area when adoption of the 1990 Plan
advocates development of property within the service boundary. Public Works
Director said about one-third of the property can be serviced at this time, the
balance will have to await construction of the East Bank Trunk.
Councilman Hershner also commented upon the inconsistency of recommending denial
of this annexation. He said this property is clearly within the urban service
boundary and contiguous to the City. To deny its annexation, he said, would have
the practical effect of saying no annexation will be allowed until there are .
adequate services.
Mr. Williams said he feels the same dichotomy for the 1990 Plan and its goals.
But his main concern is that there seems to be no transportation plan for moving
people in and out of the area. He said the choices are to adopt ESATS, or some
revision of it, or make an eight-lane road across the Ferry Street Bridge, this
in order to have some clear pattern for moving traffic.
Mr. Hershner agreedcthere should be planning going on, but at the same time he
contends annexation of small properties here and there add up to the same problem.
He doesn't feel it is proper to deny annexation or delay it because of size of
the development when it is an area which should properly be within the City.
Councilman T-eague asked if the- pro'perty. could be developed in the--sarne -manner
iif it stayed within the County, whether the City has more control than the
\County on development of the property, and if development could be curtailed,
if annexed, because of anticipated traffic increase. Manager said development I
lof the property under County r~gulations probably has not been discussed, but
lit would appear it could not go ahead because it could not be served by a septic
'tank system. Perhaps a standard subdivision could be constructed under those .
icondi tions. If it is developed under City regulations, there would be control
lover the physical features. The development could proceed so long as it met the
1requirements of the Planning Commission with regard to planned units.
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Mr. Teague mentioned a recent development at Norkenzie and Minda refused because
iof anticipated traffic increase. Manager said rezoning was refused, no annexa-
;tion was involved in that instance. There has been no rezoning proposed for
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.the Oakway Golf Course property. He reminded the Council of consideration of
other annexations where it was deemed inappropriate to discuss land use. However,
I a planned unit development is anticipated for this property. I
Public Works Director in answer to Councilmen Hershner said the portion of prop-
\erty to be served with sewers is that bordering Oakway and Cal Young Roads to
about a 400 foot depth.
.Councilman Williams suggested that the Council direct staff to bring to the
Council some clear answer with regard to moving traffic across the Ferry Street
bridge. Manager said the only definitive study available is ESATS which is based
'on assumption that this property would be developed on an R-l density. With
:planned unit developments, higher densities on larger tracts of land are being
created, and if the current trend continues ESATS would not provide sufficient
,movement for 1985-90 unless additional transportation facilities are made avail- .
able. There is no further study at this time with which to answer this question.
The proposed development for Oakway, he said, can be handled with existing road-
ways plus projected roadways (improvement of Oakway, extension of Norkenzie,
etc.), but if the entire Willakenzie area were to be developed at these densities,
there is no way of knowing how the traffic would be handled.
If7 6(26/72 - 4
Councilman Mohr suggested the proposal be discussed with the Planning, Commission
;before a Council recommendation is passed to the Boundary Commission. Mrs. Camp-
:bell wondered whether the Boundary Commission can annex the property without
Council recommendation. Manager said it could, although the Boundary Commission
,has not been inclined to act on requests to annex properties to the City without
e a recommendation from the City Council.
Mr. Mohr moved seconded by Mrs. Beal to refer the Oakway Golf Course
annexation petition to a joint meeting of the Planning Commission
and Council for review.
In answer to Mr. Teague, Manager said maps showing areas now serviced with sewers,
projected sewers, and street information is available. Also, that all street im-
provement in the area would be the City's. The State is involved only on State
routes.
,~____Y9te .was ~t_~en on the motion as stated. Motion carried unanimously.
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F.Vacation - Onyx Street from 13th to 15th
Vacation Onyx Street between 13th and 15th, University of Oregon - Planning Com-
mission May 9, 1972 recommended approval subject to retention of (1) utility
easements, (2) fire lanes, and (3) other public utility easements. Vacation of
this street is part of an agreement between the City and the University at the
time vacation of 13th between University and Alder was considered. Other streets
scheduled for vacation are University between 13th and 15th, 15th between Uni-
.-~ , veEsi ty and Agate, and 13th between Uni versi ty and Agate. Uni versi ty of Oregon
,was requested to initiate the vacations this year, but to this time there has
been no response. Vacation of Onyx Street is brought at this time because of
building program being inhibited by its dedication. For that reason the Plan-
ning Comnrrssion recommended proceeding with this street vacation without waiting
for resolution of various other issues connected with vacation of the other I
streets - policing, parking control, street lighting, sewers, maintenance, etc.
Councilman Williams noted that the concept of a land bank was established at the
time vacation of 13th was considered, whereby if at some future time the City
has need for land for public purposes in the University's ownership the land would
be conveyed to the City without compensation. He also commented that the City
recently turned over to Lane County its ownership in Alton Baker Park, hoping
that the University would do the same. He said there are now discussions as to
whether a baseball park should be located in Alton Baker Park, with the hope that
I ,some University-owned land in that area could be used. However, the University
has taken the stand that any of its ownership used for that purpose will have t,o
I be replaced by land from either the County or the City. Mr. Williams said H ~
that is the attitude, he wonders whether the City should continue giving up public
land to the university without equitable compensation.
_ Mayor Anderson said one of the crucial issues involved in the agreement with the
. University was that certain vacations in the University area were considered of
great benefit to the City so far as less need for maintenance, traffic control,
etc., aJ:ld these benfits are difficult to assess in terms of cost and exchange of
I land. He suggested a summary of the major points of the agreement be prepared
and copies distributed to Council members for consideration prior to making a
decision on Onyx Street vacation. It was understood copies of a sununary would be'
included with the June 21, 1972 co~ttee agenda.
Public Works Director said he feels the University and Planning staffs are not in:
accord on the present agreement between the City and State Board of Higher Educa-"
,ti_D.1'lL_ Il~J~~,jA this on~ st_~eet vacation is being initiated to permit constrl!~i9!1.
:Dfi! building within a timefra~' with the idea other-i;;sue~ co~ld be~orked ouE
,later. Planning Commission members wanted to look at the agreement. Manager
'said there were some general statements on exchange of values, and agreement on
the concept, but nothing was finalized on the land bank principe and it was not 6/1~~~~
adopted. (At May 22, 1972 Council meeting, public hearing on this vacation was Pub Hrn
sf!!.~:fo_r June 26" 1~72,_._L _"'" ,_ "-' _''', ',__~ _ ____. ' g
Council Bill No. 9739 - Vacating Onyx Street from 13th Avenue to 15th Avenue, reserving
fire lanes and utility easements, was submitted and read the first
.. time by council bill number and title only, there peil)g no council-
,., man present requesting that it be read in full.
Manager explained this vacation request if brought for consideration prior to others in-
cluded in the agreement with the University because of time schedule for building program.
Councilman Teague asked if there was anything received. from the University for the land to
be vacated. Manager said this is one of several vacatlons to be accompllshed under an
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agreement with the University on a cost sharing basis for traffic signals and other traffic
handling facilities. He is not aware of any request to the University for exchange of land.
Mr. Teague voiced his objections to deeding land to the University in a co-operative agree-
ment, saying it is more or less a gentleman's agreement and the University appears not to
reciprocate. -
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 enact-
ment be considered at this time. All councilmen present voting aye, except
Mr. Teague voting no, the motion lacked unanimous consent for second reading.
Councilman Mohr questioned Mr. Teague's "no" vote, which will hold action on the vacation
for two weeks. He explained that to this point the University has not reneged on any of
its commitments under that agreement, and the City has agreed that the streets listed will
be vacated in return for certain obligations of the University. He doesn't feel the City
will be shorted.
Councilman Williams reiterated comments made in committee session, also saying that any
guarantees as to what will be provided by the University are extremely vague., He 'said
~ore precise wording in the agreements might be desirable.
Mayor Anderson said his understanding is that this particular issue is based on an agreement
approved by the Council previously, and action now will only carry out a portion of that
agreement.
Councilman Hershner asked if the agreement with the University covers all the streets to be
vacated or only 13th Avenue. Manager detailed the intent of the agreement naming the .
various streets to be vacated and new street alignments in the University area.
Mr. Teague changed his "no" vote to one of abstention, 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, ,except Mr. Teague
abstaining, the bill was declared passed and numbered 16535-.~- ~
Mayor Anderson suggested separate action if any Council member has questions on the agree-
ment or wishes to renegotiate, so that there will not be debate on each item of the agree-
ment as it comes to the Council for action. Manager said the staff would like to know the
Council's attitude toward vacation of the balance of the streets in the agreement, since
staff feels vacation of those streets is desirable from the standpoint of turning over to
the University responsibility for parking, traffic, police, lighting, etc., in the areas ,,'~
being vacated.
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Councilman McDonald said he feels the agreement should be met, since staff has been working
on the assumption its terms would be carried out. Mr. Teague concurred, but said he wanted
to be sure the University is going to meet its terms also.
G ~ Amending' City Code .
L BicydeLicensing
Amendl.ng Code, SUeC. 5.415- lmii' 5.42'0 re: Bic1jcle Licensing- Caples or propOsed
ordinance amending the code with regard to licensing of bicycles were previously
distributed to Council members. The amendment was developed by the Bicycle Com-
mittee and is designed to provide additional funds for, bicycle programs (adding
$1.00 to present fee) and to help wi th the recovery of lost and stolen bikes.
Mr. Mohr moved seconded by Mrs. Bea1 to hold a public hearing on the ordinance. I
Assistant Manage~ explained, in answer to Mr. Williams, the reason for the license
expiration date of September 1 and the provision for dealers' licensing of bicycles.
Also, the additional provision of financial penalty for licensing violations.
Mayor Anderson suggested presence of a staff member at the public hearing to' out-
line and explain how recovery of stolen bicycles can be improved under this program. :
It was understood Officer Clements, handling bicycle problems in the Police Depart- ~;
ment, will be present; also Ruth Bascom, chairman of the Bicycle Committee. i Comm
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6/21/72
Vote was taken on the motion to hold a public hearing. Motion carried unanimous1y.Puh Hrng
Council Bill No. 9640 - Amending Sec. ',5.415 and 5.420 and re~ealing Sec.5.425 of the City .
Code re: Bicycle Licensing was submitted and read the first time by
council bill number and title only, there being no councilman present
re~uesiing that it be read in full.
Assistant Manager explained method of determining fee and expiration date under the new
regulation .' Also, the licensing of bikes by bic:ycle dealers at time of purchase . ' Present
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officer in the Police Department handling bicycle enforcement is funded under the Emergency
:~mployment Act which will expire next, year, at which time it is felt the proposed program'
will be underway to fund the cost of that officer. The ordinance proposed a portion of the
revenues will go to bicycle oriented activities. Assistant Manager expressed appreciation
. to Mrs. Ruth Bascom and her committee for work on developing the program submitted.
Mr. Mohr moved seconded by Mrs . Beal that the bill be read the second time by.
council bill nuniber only, with unanimous consent of the Council, and that enact-
ment be considered at this time.
Councilman Teague asked how the ordinance wouilld be enforced. Assistant Manager replied that
after the licensing program has been in progress for a period of time, bicycles not display-
ing a license tag (adhesive type sticker) will be cited. An extensive educational program
will be launched to make people aware of the licensing requirement.
Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, the bill was de-
clared passed and numbered 16536.
2. Public Intoxication
~menalng Code, Sec. 4.220 and 4.990 re: Public Intoxication - Copies of the pro-
posed ordinance amending the code with regard to public intoxication were
previously distributed to Council members. Intent of the amendment is to bring ,
I the Code into conformance with the State statute.
. Comm
Mr. Mohr moved seconded by Mr. Williams to hold a public hearing on the ordinance.' 6/21/72
}1otion carr~,ed. up.animously. : PubHrng
Council Bill No. 9641 - Amending Sec.4.220 and 4.9~~ re: P'ublic Intoxication was submitted
and read the first time by co~ci~ bill number and title only, there
being no councilman present requesting that it be read in full.
Councilman Mohr commented that there is a tendency to move away from continuing emphasis on
,drunkenness as a crime. This ordinance, he said, is more in line with State law to de-
criminalize drunkenness.
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 enact-
ment be considered at this time.
I Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, the bill was de-
I clared passed and numbered 16537.
H.Ambulance Service Rates
. Copies of report from Councilman Hershner, dated June 21, 1972, of joint Eugene/ Coinm
Springfield committee on review of rate increas~ requested by Eugene/Springfield 6/21/72
Ambulance Service were distributed to Council members. Pub Hrng
I Resolution No. 2068 - Setting rates for Eugene/Springfield Ambulance Service, effective
July 1, 1972, was submitted.
Fiaance Director explained change in rates and reviewed the report from Councilman Hershner
with regard to meetings with the Ambulance people and city of.Springfield.
Theodore Christopher, 410 West 28th Avenue, questioned authorization of a rate increase in
light of Federal price controls, saying the Price Control Board stepped in on certain
occasions when it was felt prices went too high. Finance Director said that ambulance
rates are not under price controls. Mayor Anderson said it would be up to the Ambulance
Service to defend its rates, not the City, if they were challenged by the IRS.
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Mrs. Beal wondered if eNeryone who needs an ambulance just to get to a hospital has to pay
for all the equipment and training provided with ambulance services. Mr. Hershner explained
that specialized services are charged 'only to those uSing them. Itemization of accounts
serves to reduce the general rate to those not using specialized services. Mrs. Beal
commented on the starting rate of $36.50 plus $1.50 per mile, saying it seemed very ex-
. pensive for just being carried to-a hospital. She felt two types of services could be
provided, simple and specialized.
Mrs. Campbell asked about the $5.00 charge for non-payment of charges within a specified
time. She said in hardship cases or when insurance companies do not get their payments to
patients, it would not seem proper to collect such a charge. She said she would like to see
a legal opinion on this. Bill Leonard, Eugene/Springfield Ambulance Service, said this
charge has been used over the past eight to ten years as an incentive to obtain insurance
/70 6/26/72 - 7
I
billing information, not as a collection feature. He said under the new rates there is no
Charge if a bill is paid within 120 days. With ,regard to different types of services, he
said, it was investigated and found not to be practical in a community this size.
-
Mr. Hershner commented on Portland's program and possibility of consideration by LCOG's
-
Mediqal Advysory Committee of some type of reimbursement for uncollectible emergency calls.
Mr. Leonard added that Portland's arribulance services are subsidized by about $20,000 to ~.
$25,000 per year.
Mrs. Campbell asked the procedure when an ambulance is called and the person for whom it
is called ooes not want the service. Mr. Leonard said it is his Company's policy that if
an ambulance is called and no one is injured, there is no charge. If there is injury and
someone other than the patient called, a charge would be made.
Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried
unanimously.
Council President Mohr and Mayor Anderson both offered kudos to 'the subcommittee for its
work in developing the proposed ambulance rates.
I. Bid Openings - Public Works
L-Loma Vis~fa-Park, paving-;'sani tary and storm sewers. Held from June 12, 1972 Council
meeting (see tabulatmnn June 12 minutes).
Council viewed the property on tour. Manager explained that Elizabeth Street is paved to
within 100 feet of the street which would serve the new subdivision. Owners of property .
abutting the unpaved portion object on the basis of no benefit to their properties. He
said there are no solutions other than to not approve the bid or to award the contract
and allow the assessments to go ahead. The subdivider, according to PUblic Works Di-
rector, said he would not be willing to pay for paving that portion of the street.
Bob Scott~ 4275 Stockdale~ developed of the property, said that before he purchased this
land the City engineering department said he would be able to have access and that
owners of adjacent properties would be assessed for the improvements. He said he does
not benefit directly from an easement within the subdivision for which he paid about $1500.
He remarked on the size of the subdivision and his investment and said he felt the
street should have been brought to the property line when the adjacent subdivision was
put in.
Manager in answer to Councilman McDonald said both sewer and street paving would have to
be awarded for this improvement to be of any value to the SuP~ivlder: The question of
assessment against properties abutting the street not previously paved leading to the
subdivision has only to do with paving, not sewer costs. I
Councilman Bradshaw said the improvement within the subdivision should be awarded if
the developer so desires~ but he feels the property owners should not have to bear the
cost of improvement when there is minimal benefit to their properties. He was referring '.
to inconsistency with the usual argument, he said, of double assessment for corner lots
where duplexes are allowed.
Mrs. Campbell asked if it was a serious suggestion that the City take the land. Manager
said that form of sale would take the avenue of foreclosure for non-payment of assessment.
He said one alternative would be to leave that portion unpaued and go ahead with paving
in the subdivision. He confirmed Mr. Williams statement that any assessment lien applies
to the land~ not the buildings on that land. Mr. Mohr said there is no consideration
'as to whether it will be paved or graveled because of the ditch across the roadway. I
Public Works Director said in exchange for easement on developer's property~ the City is
to put in the culvert. It is a part of the storm drainage. There were further questions
as to whether contact was made with other property owners. Public Works Director said
contact was made, only one protested the project.
Staff recommended award of contracts on the low bids.
Mr. Mofir~oved seconded by Mrs. Beal to award contract for paving to
Devereaux & Pratt and for sanitary and storm sewers to Shur-Way Contractors.
Councilman Williams asked if the additional cost of $2500 for not awarding contracts
'on the qualified bids (Wildish Construction) would be assessed against the properties, ..,
and whether the City is required to award the contracts in that manner. Public Works
Director said the City Attorney ruled that contracts would have to be awarded to the
low acceptable bidder. It is assumed to be a point of law. Mr. McDonald also questioned
award of contract on other than the low bid. Councilman Hershner commented on his con-
cern expressed previously and said he had asked for a staff report on whether it is
desirable to encourage small bidders even though it may cost more. There was further
discussion on accepting bids of this nature~ with Public Works Director explainlling that
present policy allows qualified bids to be included in the specifications".
J q , 6/26/72 - 8
.
\
Rollcall vote was taken on the motion as stated. Motion carried, all
councilmen present voting aye, except Councilmen Williams and Bradshaw
voting no.
2. Bids Opened June 20, 1972
- Project and Name of Bidder Contract Cost to Cost to Amount
Paving Overlay Cost Abutting Propfrty City Budgeted
Coburg Road from Ferry Street
Bridge to Oakway Road (766)
Wildish Construction $19,317.50 - West$9,794.50 $10,500.00
Eugene Sand & Gravel 19,629.00 East 9,523.00
Benge Paving 20,062.26 Completion Date: September 15,1972
Paving and Sanitary Sewer
Alley between Oak and High
from 27th to 270 feet north (869)
Wildish Construction $7,343.10 12'Pvg $7.10/fr.ft. San. $4,171.50 -
Devereaux & Pratt 7,600.66
Completion Date: September 1,1972
Myers Road from Gilham Road
to 450 feet west (698) Basic Al tern ate
Eugene Sand & Gravel No Bid $ 9,560.70 28'Pvg $13.90/fr.ft. -
Wildish Construction $10,250.70 10,027.90 San.Serv $299.29/ea (3)
Benge Paving 10,848.84 10,602.90
Devereaux & Pratt 11,449.85 10,887.50 Completion Date: September 15,1972
. Paving, sanitary and storm sewer
Within Robins Glen Subdivision
and area within 160 feet of sub-
diviSbn boundaries (849)
Wildish Construction $40,235.02 $40,090.65 Pvg. $ 948.57 -
Eugene Sand & Gravel 41,437.90, 40,768.60 Strm 233.75
Devereaux & Pratt 43,872.70 44,260.55 Lat 438.75 San.Direct T.L.4400
Benge Paving 43,853.60 44,394.69 Servo 198. 77 $1,628.13
Levy 28.70
$1,848.54
Com:Qlletion Date: SeptemBer 15,1972
Sani tary Sewer
I Roosevelt Boulevard from
Garfield to 900 feet east (493)
Shur-Way Contractors $17,073.84 Lat.$ 0.087/sq.ft. -
I Wildish Construction 17,078.00 Servo 175.53/ea
Cushing Bros. 22,730.00 Levy 0.005/sq.ft.
Bertelsen Road from SPRR - - .- - -.--- _ Completion Date: September 1,1972
. Tracks to 5th Avenue (542)
Wildish Construction $53,183.00 Lat. $ 0.078/sq.ft. $12,600.00
Shur-Way Contracto~s 81,294.52 Servo 451. 41/ea (8) San. Swr.
I Levy , 0.005/sq.ft.
Completion Date: October 1, 1972
Storm Sewer
Willhi Street from Echo
I Hollow Road to Jay St (741)
i
Cushing Bros. $21,999.00 $4,000 per agreement $17,999.00 $25,550.00
I Wi1dish Construction 25,264.70 Strm.Svrr. ( 72-73)
Shur-Way Contractors 26,743.90 Completion Date: September 15,1972
Sidewalk
West side Coburg Road from
Club Road to Oakway Road (723)
Devereaux & Pratt $11,422.50 Shell Oil $1,812.@5 $ 4,084. 39 -
Wildish Construction 14,108.90 Pape Volks 1,860.29
Wildish Construction State Hwy 4,400.00
Completion Date: August 1, 1972
'. ~9.. Gpened June 26, 1972
I
! Parking Lot
South side 8th between Pearl
! and High and southeast corner
8th and High (M$) Sched. #1 Sched.#2
Benge Paving $10,031.17 $ 3,162.02 013,182.19)
Wi1dish Construction 10,193.00 5,4~_0,'_?~ (15,440.66) Completion Date:July 14,1972
~. -- ~.._-- --,-- - --- --- --7 Cf ~ - _.__. ~"'____,___._ ____...._ U_._ __~ _____ ~ __'~.''''''__''___
6/26/72 - 9
r I
I
,
Public Works Director revi,ewed the b'ids as tabulated. It was recommended to aw'ard contract
for paving overlay on the west side of Coburg Road only, rejecting bid for east side be-
cause of insufficient budgeted funds. Recommendation was withheld on paving and sewer on
I Myers Road, and for award to Wildish on their low bid for paving and sewers on alley between
I Oak and High from 27th north and wi thin Robins Glen Subdivision.
Sewer on Roosevelt Boulevard from Garfield east involves the County shop area and was ~'
petitioned by the County. State-owned property (39.4%) would be assessed and staff recom- '..,
mends award to low bidder if an agreement is made for County to pay State's portion of
the assessment should there be some legal reason for State's not paying. One letter of
protest was received, objecting to any form of sewer assessment or district.
The sewer on Bertelsen Road was previous~y bid and rejected in the face of objections from
owners of abutting properties. Health hazard is now involved. Staff recommends award to
low bidder. Staff also recommends award to low bidders on storm sewer on Willhi S ~eet
and on sidewalk on west side of Coburg Road.
Albert Cheevers, 135 East 27th Avenue, protested the alley paving between Oak and High from
27th north, saying he would be assessed for improvement which would be of no benefit to his
property. Mrs. Beal suggested this was another instance of owners of small properties
being assessed for improvements benefiting apartment complexes. Considerable discussion
on legalities involved, policy matters of accepting petitions from owners of more than 50%
of properties to be assessed, and possibility of postponement of ':theproject. Public
Works Director said any extension of completion date could not be -'~arried further than
September 15.
Mrs. Be~l moved seconded by Mr. Teague to hold award on paving the alley
between Oak and High from 27th north for further discussion after Council
has opportunity to look at the properties involved. Motion carried.:: < .
Mrs. Beal said a review of the policy with regard to paving roadways of this type is needed
when it is a question of benefit to a number of ppartments and satisfying parking needs by
using alley space, creating traffic along an area where there is no benefit to owners of
small properties abutting the roadway so used.
Clark Yo~g, 1985 Myers Road, questioned the 54% represented onYthe-petition for paving and
sewers on Myers Road. Mr. Mohr explained the method of determining perce~tages on a front
Ifootage basis rather than numbers of owners. Mr. Young opposed the project on the basis
of resulting higher taxes, wanting to retain the existing gravel surface, and because of
project's covering only a portion of the street. Public Works Director showed Council
members a map of the area, noted names of property owners who were notified of the project,
and explained the paving is m that portion which is dedicated as public right-of-way.
Joseph Light, 1925 Myers Road, and Cecil Thompson, 935 Country Club Road, also protested
the project, saying it served only the developer of property across the street, and the
projected paving of the intersection will serve no useful purpose. Public Works Director I
I said the intersection costs are not included in' ,the front footage assessments. '
Mrs. Campbell moved seconded by Mr. Teague to hold award 'on the paving of
! Myers Road to give Council members opportunity to look at the properties ~
involved. Motion carried unanimously. JIJ
- l.-
Councilman Williams questioned the paving overlay proposed for Coburg Road. Public Works
Director explained that it will take care of drainage problems and maintenance.
In answer to question from Councilman Hershner, Manager said cost of paving the parking lot
on 8th between Pearl and High will be amortized through sale of parking permits. Income
after paving costs are paid will be split with EWEB, owner of the property~ It is
anticipated paving costs will be paid before EWEB will be ready to use the property for I
building purposes. He said the same arrangement applies to the property owned by the I
Baptist Church being used for City parking.
Mrs. Beal moved seconded by Mr. Bradshaw to award contract~tqlow bidder on all
items, other than those already voted upon (paving and sewer alley between Oak
and High from 27th north, and paving and sewer on Myers Road). Rollcall vote.
Motion carried, all councilmen present voting aye, except Mr. Teague abstaining I
on the paving of p~rking lot between Pearl and High south of 8th. !
III-Items Considered With One Motion
Previously discussed at committee meetings on June 14, 1972 (Present: Mayor Anderson; Council-
men Mohr, Beal, Williams, Hershner, Campbell, and Bradshaw) and June 21,1972 (Present: Mayor r
Anderson; Councilmen Mohr, Beal, McDonald, Teague, Williams, Hershner, Campbell, and Bradshaw). .i.
Minutes of those meetings appear below printed in italics. '
A.Vacation utility easement between Echo Hollow Road'and Catalina, north of willhi
(Sorenson) - Planning COmnUssion May 9, 1972 recommended vacation of this utility:
easement located between two building sites and not needed for utility purposes.
Comm
.Mr. Mohr moved seconded by Mr. Williams to set a date for public hearing. 6/14/72
Motion carrj,ed unanimously.. _ " Approve
J q3 6/26/72 ..,. 1Q
B.ll.ppointment, Alton Baker Park Development Committee - Councilman Williams has
indicated that his interests and time do not allow his full parti cipation as a
member of this commi ttee and he suggests appointment of Parks Director Ed Smi th
as the City's representative. Mr. Smith said his appointment would be accept-
able provided he is appointed as a voting member.. Mr. Williams said the committe
e is dealing with recommendations on specific development of the Park, calling for
professional decisions rather than political. Mayor Anderson recommended Mr.
,Smi th ' s appointment.
Mr. Williams moved seconded by Mr. Mohr to appoint Ed Smith as the City's repre- Comm
sentative on the Alton Baker Park Development Committee. Motion carried 6/14/72
_~an:f,J!lQ_usl,y. , ."_"0 . . .-- ...._--~~~ _."~._.__.~._----._--~~ Approve
C .Budget, Election on Exceeding 6% Limitation - Mayor Anderson suggested a meeting
of the Budget Committee to determine the City's direction in view of voters' defeat
of the June 20 election measure to exceed the 6% limitation measure for the 1972-73
budget. It was agreed to schedule the meeting for Tuesday, June 27,1972,7:30 p.m.
Mrs. Bea1 felt the defeat was due not to voters' dissatisfaction with administra-
tion and services rendered by the City but rather with the increasing burden on
the property tax. She ~uggested the Council take a broad and bipartisan approach
and gi ve unequi vocal support to Governor McCall's program advocating removal of
,the cost of school operation from property taxes.
Councilman McDonald commented on the fact that only 16% of the registered voters
. ,in the City voted and wondered how to accomplish a larger turnout.
Mayor Anderson, as a member of the Governor's Task Force on School Revenues,
suggested before the Council's full support is gi ven that the Task Force finish
its review of the Governor's proposal. In the meantime it would be appropriate
to indicate support of the general direction of the Governor's program.
Councilman Williams commented that the League of Oregon Cities undoubtedly will
support the Governor's program at the proper time in view of its position in
the {>ast supporting any effort to provide addi tional funds for local governments.
Mrs. Beal moved seconded by Mr. Williams to support the objectives'of the Governor's
program in removing the cost of operation of schools from property' tax. Moti on
carried unanimously.
Mayor Anderson said that when the program is finalized by the Task Force and is
I taken to the Legislature, then the Council can give its full support. He ex-
pressed appreciation to staff and those volunteers working on the budget for the Comm
I time and effort spent, and especially to the news media for excellent support. 6/21/72
Copies of tally of votes cast by precinct were distributed to Council members. , Approve
D' 'Lease Extensio;;;-3rd and Ferry, Witzig - Mrs. James Witzig is requesting extension
of lease on City-owned property at 3rd and Ferry to September 15, 1978 (present
. expiration date March 15, 1976). Mrs. Wi tzig is renegotiating a lease wi th
another party and would like to be able to assure use of the City-owned land for
that period of time. Staff has no objection to the extension.
I .,Mrs. Beal moved seconded by Mr. Mohr to extend the lease as requested.
Councilman Teague noted that he does not object to the extension but he questions
the $500-per-year lease fee for the extended period in view of inflationary trends.
Assistant Manager said staff feels that amount is adequate for the space used and
since the lessee paid for cost of improvements of the property. Also, that she
will be paying property taxes for which the City would be liable because of recent
change in tax laws. Mr,. Teague felt improvements to the property took care of any
compensation due at the time of the original lease, but that there will be no Comm
further improvements to offset the extension. 6/21/72
Vote was taken on the motion as stated, and motion carried unanimously. Approve
E.t~uilding abatement, 1902 Cleveland Street - Memo from Buil~ing Inspector, copies
of which were previously distributed to Council members, l~sted reasons for recom-
mending abatement of this building - open, deterioration, fire hazard, health
hazard, etc. Repeated attempts to contact the owner have faile~ (Clara M. Taylor,
. ,c/o Harriet P. Garton, 1902 C1eveLand'Btreet Eugene; also, Harr~et P. Garton, c/o
Bradford, 250 San Juan, Santa Cruz, California).
Mrs. Campbell asked if the Ci ty can remove the personal property from the building
before it is demolished. Assistant Manager said the City would have the obliga-
tion, if it did remove the personal effects, of storage and being responsible Comm
for protection. 6/21/72
Mr. Mohr moved seconded by Mr. Williams to set date for public hearing. Motion Approve
~cprri~__~animolls~~m - '- ----1-911 --.- ~---- -- --_.~- _._.~-- ._- -- - --.
, .
J "'1- '. ,~ '-'6t2~/72: ,..:, 11>
J
-. -', ~.. '-~ j".- -. .~ - - - - -, --
t;Improvement Petitions
-:tE.Paving 25th from east boundary 3rdAddition to Churchill Highlands to 450 feet
/,' ,
east - 83%
1--
~~;. Sanitary sewers in area between I-105 and line 850 feet south of Centennial
Boulevard (extended) from the east line of 1st Addition to Ayres Subdivison -
to 1200 feet west of Fairway Loop (extended) - 53.3/53.5%
:~3' Paving Norwood Street from south boundary Lamar Park to north boundary ,_
Lamar Park - 50%
Assistant Manager explained that Item B covers lateral construction (53.3%) and
:pressure line (53.5% peti ti oned) . .
Councilman Mohr noted the possibility of objections at the time of assessment
hearings on that project since it is obvious the residents in the adjacent mobile
home park are not petitioning the project. There was discussion of the estimated
cost of the project and the method of assessment on square footage basis for
sewers and on front footage basis for paving. Comm
Mr. Mohr moved seconded by Mr. Williams to accept the petitions. Motion car- 6/21/72
ried unanimously. Approve
1
{ -.- - -- ~'- . -----
G.Segregation of Assessment, Sewer on Figueroa nortll of Elmira Road,-Brown .;;
Payment of $459.23, assessment against the portion to be separate~has been re-
ceived, leaving a balance of $484.06. Staff recommended approval.
Comm
Mr. Mohr moved seconded by Mr. Williams to allow the segregation. Moti on car- 6/21/72
ried unanimously. Approve
H.Iriquor License Applications .
'Renewal - Package Store Class B (PB) - Bamboo Pavilion, 1275 Alder Street
Dispensers Class B (DB) - Del Rey Restaurant, 845 Willamette Street
Both applications have been reviewed by the Police Department. i
i Comm
Mr. Mohr moved seconded by Mr. Williams to recommend approval of the applications. ;6/21/72
Motion carried unanimously. Approve
I.Council Minutes - May 8 and 22, 1972 as circulated. Approve
J. 'pavin?1.ionr~~-- from 28th south - Council members lookea at properties abutting
the proposed paving project on which contract was awarded at the June 12
Council meeting, pending inspection of the si te. Manager reviewed the per-
!centages of abutting properties signed for on the petition initiating the
\ project. He said these percentages have no legal bearing on whether to pro-
ceed, the Council has the right to make that decision. Copies of a letter
!, continuing protest to the project were distributed, signed by Carl T. Sandell, I
:790 West 28th; Daniel D. Mills, 810 West 28th; and L~ B. Smalley for Wesleyan
Church, 2831 Friendly. Phone call was noted from Mrs. William Emery, 2885
Monroe Street, asking favorable consideration of the paving. .
Councilman Hershner noted that it would appear from the letter that the
--,....
balance of the property owners ,previously unexpressed, now say they oppose
the project.
Councilman Mohr explained that the percentages on the petition refer to lineal
footage fronting on the project, not the numbers of persons owning property.
Also, that the action taken at the June 12 Council meeting was to award the
bid, pending inspection of the site, so that without action today that action
will prevail. I
Mrs. Bea1 called attention to the unusually high cost of the bid submitted
in comparison to cost of other projects. She expressed concern for people
on fixed income faced with assessments and higher property 'taxes levied
against their property purchased many years ago.
Mrs. Bea1 moved seconded by Mrs. Campbell to rescind action taken at the
June 12, 1972 Council meeting and reject the bid for the paving of Monroe
Street from 28th Avenue south.
Mrs. Campbell asked whether any arrangements were discussed between the pro-
testants and Mr. Emery with regard to sharing the cost on other than the .
:assessment basis. Mr. Smalley expressed the feeling that whatever action is
: taken today is final and no arrangement for financing other than meeting the
assessment would have to be made. Discussion revolved around possibility of
'delaying the project with the idea of the neighborhood's working out finan-
cial arrangements. Public Works Director explained the 30-day grace period
on award of contracts and the 10% cushion between estimated and actual cost.
1,95 6/26/72 - 12
./ I~
-" "-
Mrs. Beal presented the argument that although Mr. Emery initiated the pxoj-
ect and will benefit to a greater degree, he will pay on the same basis as
others assessed. Manager said his impression is that the Sande1ls and I
Mr. Smalley do not want the paving even at a decreased cost. He said it does ,
e not seem likely a delay in the project would be justified by the idea of
Emery's sharing more of the cost. Mrs. Campbell said she was thinking of
their talking with Mr. Steinmetz who is interest in development in that area,
but Mr. Smalley said it wouldn't appear Mr. Steinmetz would be willing to
make arrangements unless they know what the Council action will be. Further
discussion centered on financial arrangements between the property owners,
;with Mr. Bradshaw suggesting the item be held for consideration at the ad-
journed Council meeting June 15. Explanation was offered that if the motion
'carries the project will be dropped.
Councilman Williams said that before serious consideration is given to reject-
ing the bid it should be noted that the petition carried a majority in favor
,Iof the project. Mrs. Bea1 countered that the majority in this instance on
Ibasis of lineal footage or property owned is not majority rule.
i
'Vote was taken on the motion as stated. Motion defeated, Mrs. Bea1 and Mrs. Camm
Campbell voting aye; Councilmen Mohr, Williams, Hershner voting no; Mr.Brad- 6/14/72
shaw abstaining on the basis that he has not looked at the site. Affirm
- ---,- _.__._-----_.~- I
K.:Survey, Community Attitude Toward United Nations - Ruth Carson, chairman Inter-
~. national Co-operation Committee, asked for time on the June 26, 1972 Council
,agenda to report on a survey taken by the Committee on Community Attitude to-
'ward the United Nations.
'Councilman Williams wondered, when the Council is seeking ways to more effectively
utilize its time as a decision making body, whether its time should be used as a
,public relations format. Further discussion"l''ed to the consensus that the Inter- Camm
national Co-operation Committee would be requested to make the report at a 6/14/72
o/ednesday committee meeting., ~ Affirm
~.- - ~ --_.~ ~- - ._--
L..alIA Report, Preservation Historic Buildings - H. H. Waechter, chairman of subcom-
mittee on Historical Resources and Architectural Continuity, Southwestern Oregon
Chapter, American Institute of Architects, presented Council members with copies
of the committee's position paper on urban renewal policies in Eugene. He said
the committee is concerned not so much with preservation of historical monuments
as it is with harmonious development of the entire City and proper blend of old
I 'and new buildings, with the idea of further use of the buildings. Further, that
there is no indication that older buildings which are a part of the landscape and
I characteristic of Eugene are being considered a part of the total effect, and that
there seems to be no process for such consideration, especially in the urban re-
;newa1 areas. Mr. Waechter noted the efforts of Otto Poticha, architect, instru-
:mental in reuse of the Quackenbush building and the Smeed Hotel. He suggested
. the functions of the Review Board proposed in connection with the Civic Center
might include review of any work in the City in co-operation with or as a part
of the Plarming Commissi"On, with the idea of identifying those buildings of
I Ihistorical interest. He indicated need for immediate implementation of a program
of this type before more of the older buildings are torn down to be replaced by
other development.
'Councilman Mohr asked for suggestions on how to avoid destruction of buildings
when Renewal Agency cannot use its funds to rehabilitate them unless they are
listed as National Historical Monuments. Also, whether there is a listing avail-
able of those buildings in Eugene which would be worth considering for reuse.
Philip Gilmore, architect, suggested lessening restrictions in City Codes with
;respect to these types or buildings. He mentioned a slide show prepared by
Professor Philip Dole which might provide an impressive way of changing attitudes
'in the City toward older buildings with the hope of rousing interest in preserv-
; ing those buildings which will provide a continuity in the growth pattern of the
entire community.
Councilman Mohr noted the fact that the Council does not have authority to order I
,
. use of pri vate property except in terms of zone changes. He wondered if this
group is suggesting use of a checklist when considering zone changes, an advisory
commission, or what method should be followed. Mr. Gilmore suggested the AIA
subcommittee might function as an advisory commission in recognizing values of
!certain buildings; he said he Was not speaking of assessed value.
Further discussion revol ved around urban renewal code requirements in determining
whether buildings are to be rehabilitated or torn down an(L~lle,~tlggestion that
. ----..----.-.. -...----_. -- -- -- -
11(, 6/26/72 - 13
r-
, .
different code provisions covering safety requirements could apply to buildings
thought worth .saving. Councilman ~ohr sugge~ted sch~duling a sho~ing of ~rofes- I
sor Dole's sl~des at a future coml7llttee meet~ng to g~ve the Counc~l help ~n under-,
standing Eugene's heritage in terms of older buildings.
-
Alan Seder, architect, suggested appointment of a conmdttee to act in an advisory .
capacity to the Planning Conmdssion to be concerned not only with architectural
.structures but also with use of space. He referred to the park blocks, the pro-
:posed civic center, and other public projects and suggested such a group could
possibly lighten the load of PUD design reviews confronting the Planning Conmds-
sion and staff. Mayor Anderson remarked that the Council and Planning Commission
are charged with the decision making and will have to accept responsibility re-
gardless of recommendations made by any design review group. He said this report
points up the problem but legislation or appointment of a committee will not
necessarily provide answers; it is co-operation of people knowledgable in this
area, suggesting standards to be adopted and how best the situation can be handled
through the existing structure. He suggested the Southwest Oregon Chapter of AIA
would be a most capable group to recommend how this might be accomplished.
Councilman Bradshaw thought Professor Dole's slide show should be scheduled with
the idea of having a proposal made at the same time for a program to follow.
Councilman McDonald asked whether older buildings, if retained, will be listed
on the tax roll in view of the purpose of urban renewal to increase the valuation
in the downtown area.
It was understood Professor Dole would be asked to present his slides at a future Comm
committee meeting with the hope that interested groups in the communitq will bring 6/21/72 --'
suggestions as to how the Council might proceed. Affirm ~......." ." "
-;f;.,:' '.
"--
M. -Historic Building Preservation, AIA Subcommittee - Councilman Mohr asked for
scheduled time on a future committee agenda for report from an AIA subcom-
mittee on preservation of historic buildings. Mrs. Campbell suggested that
copies of a model ordinance prepared some time ago by the Ci ty Attorney's Comm
office be made available for consideration at the time the matter of historic 6/14/72
buildings is discussed. File
N. ,Public Hearings Procedure - CoUncilman Mohr requested that the Council give
its immediate attention to the matter of public hearings, asking that research
material and memoranda prepared by the City Attorney's office and the Intern
working in the Manager's office be considered as soon as possible. Assistant
Manager said a report is in the City Attorney's office for legal review and
will be ready soon. The report covers the area of public hearings held in the
past to give the Council background for consideration of those things on which
they may wish to change the hearing procedure. I
At the request of the Mayor, Mr. Mohr reviewed his concerns with regard to
the present hearings procedure. He feels most of those now held are required
by Council ordinance, therefore can be changed by the Council, to a less time .
consuming procedure. It is recogni zed the procedure cannot be changed for
those hearings required by Charter or State law. He suggested use of Council
subcommittees for hearing appeals which do not entai1po1iby matters. The
subcommittee duty would be rotated, perhaps on a monthly basis, among members
of the Council, wi th oral testimony taken;--~hen~9..-~ort wri tten report to the
full Council, along wi th information gathered. In. that- way tlie-eouncil would
have the necessary information on which to base a decision prior to regular
Council meetings, as is the case on consent calendar items n'ow. More oral
testimony at the time of the Council meeting could be taken, but with consent I
of two-thirds or more vote of the Council. Mr. Mohr's coroerns stem from his
feeling that the Council is not really addressing itself to citizens' concerns
because it is so enmeshed in hearing appeals.
Mayor Anderson favored the idea and suggested discussion at the next committee
meeting. Mrs. Campbell noted that the Board of Equalization concerned with
County matters is similar to the procedure suggested. Also that members of Comm
that Board are paid. Councilman Hershner commented favorably, saying he would 6/14/72
rather the Council met each week than continue with present lengthy sessions. File
,
O. Improvement Project Bid Procedure - Councilman Hershner asked for information
with regard to bidding policy where separate bids are taken on sewers and .
paving on the same project. He referred to bids considered at the June 12
Council meeting resulting in higher cost because of receipt of qualified bids
(contract for low bid on sewer not accepted unless that contractor's bid,
higher than the low bid, is accepted on paving), and the comment made at that Cornm.
time that separate bids were taken to encourage bidding by smaller contractors. 6/14/72
It was understood the matter would be scheduled at a committee meeting. File
1'17 6(26(72 - 14
,-
P.Noise Ordinance Enforcrnent - Mrs>Campbell said she was disturbed by testimony
at the DEQ hearing on noise pollution that the city is not enforcing the
'noise ordinance. ' She cited several instances involving noise complaints -
speedway, 29th Avenue traffic, barking dogs - and said that although arrests
,are being made the public is not satisfied. Manager said the ordinance is
. being enforced. There are many violations and it is not possible to cover
" all areas all the time. It is a question of priorities for police attention.
Mrs. Beal said the State is now working on legislation with regard to decibel
measurement of noise and that the City is waiting the outcome of that to en-
sure no contradiction in legislation the City may adopt. Assistant Manager
said that the State will be concerned with industrial and other noise rather
,than traffic noises. He said after staff review a report prepared by Terry
,Yamada, intern in the Manager's office, will be brought to the Council.
'Mrs. Beal commented on the importance of location of noise measurement, say-
'; ing that the ordinance should provide for measurement; not always at the
,source but at the location where the citizen is suffering. Assistant Manager Comm
isaid that Eugene will be the State's base for testing in setting its standards 6/14/72
: for noise pollution. File
Q. (South Kincaid Ball Field - Mrs. Campbell said she had another complaint from Comm
Mr. Weiss on use of the South Kincaid field and reminded staff a report was 6/14/72
to be J>'J:9ught back ()12 ~hat is planned to take care of the probl:m. ~'H ___~ File
R. Regional Sewer Financing Report, Bartle Wells - Copies of rough,' / draft of
a report were distributed to Council members with regard to an equitable
:_ fin~cing plan for sewers in the Eugene/sr:ring~ield and unincorporated metro-,
~ pol~tanarea of Lane County. The report ~s be~ng prepared by Bartle Wells
Associates at the direction of Eugene and Lane County. Ed Wells will be I. Comm
present at the June 28, 1972 committee meeting to go through the report and' ,;' 6/14/72
answer any questions before it_is finalize~~ ,_,_,___ ' File
;,' :,',
S.Policy for Acceptance of Improvement Petitions - Councilman Mohr suggested it
. might be well to examine a change in formula for acceptance of improvement peti-
- tions, either by increasing the required percentage of lineal footage or adding
another standard, say lineal footage pl us number of prop8J:.y owners.
; Counclman Williams suggested that paved streets are somening expected in a City.
If that is not to be expected but dependent upon the desires of a percentage of
people with property abutting the street, he said, it would seem more logical I
I :to pay for street paving out of general revenues. I
I Councilman Hershner asked about the policy of assessing both sides of a corner :
: property for street paving when there is only one occupant. Manager said that '
it is fel t a corner property benefi ts from both streets - dri veway access to the
,back, storm drainage, and dust control, etc., The policy of allowing duplexes
. ,on corne! lots resulted from the assessment for improvement of both sides, giving
, ,additional benefit commensurate with additional cost. With regard to each prop-
erty owner's responsibility to pay his share for street improvements, Manager
referred to other cities having Charter provisions for remonstrance which auto-
I matically kill improvement projects. Eugene does not have this provision, con-
sequently, the Council has the authority to order street improvements although
it does leave them the decision as to where the need is greatest.
Councilman Bradshaw asked if projects ever are divided into sectias when terrain
makes a part of it more expensive than another part. Public Works Director re-
: plied that if a project is spli t the chance is taken that a contractor will "load"
all expense on one part and subinit an unbalanced bid. This would result in an un-
balanced assessment. He said prior Councils have established the policy of a 50%
petition for a project to proceed.
Mayor Ailderson suggested it might be possible to start the public hearing process
earlier to determine certain facts thereby saving the City,cost of so much
engineering work before actually going to bid. Manager said the practice of
, holding public hearing at time of bid award i~ to have as much information avail-
! able as possible for the property owners before the actual bid is awarded. The
petition process does not assure that all people know a p~oject is being proposed,
.- ~ so a public hearing would still have to be held at the time of bid award. It
may be possible to segregate those projects which staff knows will be controversial,
but it would not be possible to screen all.
----.....----~- -----.~ - -- -~--~ ~--~"-1
I' cj 6/26/72 - 15
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Mayor Anderson thought it might be desirable ,for many reasons to discuss peti-
;tion with respect to desirability or availability to avoid expense of drawings, '.
computations, etc., with discussion on bids to be concerned only with price. ~ ' '
Assistant Manager said in his experience public hearings always center around
cost, it being a question of desirability tied to the dollar amount of the -
project. It is deemed a sounder basis for hearing to have contractors' costs .
rather than engineers' estimates. Manager said those bids expected to produce
controversy could be separated and brought to committee rather than going di-
rectly to Council.
Councilman Mohr asked the impact if a policy is established requiring 55 or 60%
before a petition is considered, which would require more signatures and provide
a better indicator of whether the project is desirable. Director said staff
would still do as now with the 50%, tell the petitioner he has the right to Comm
present the issue directly to the Council. Manager said the situation would be 6/14/72
the sam~, even if less than the required percentage it would be the Council's File
decision as to whether it is of public benefit and should be done.
T. Report, South Kincaid Ball Field - Assistant Parks Director reported on steps
taken to alleviate the nuisance caused by use of the, South Kincaid Ball Field
tolerated by Ronald Weiss, 3945 East Amazon Drive: Fence level raised to the
highest possible level, field alignment made away from property lines, use of
controlled flight softball for this diamond only, rule change to "over the
fence is out," use of field avoided for practice games, only the umpire is al-
lowed to retrieve baseballs hi t into neighbors' yards, rescheduling of games.
Mrs. Campbell expressed dissatisfaction with the arrangements, saying practice .
is still being held on the field and the situation has existed for about a year,
resulting in the City's having to pay for damage to Mr. Weiss' property. She Comm
said Mr. Weiss would like to speak to this situation. Assistant Director ex- .:~:6/2l/7.?
plained that no practices are being scheduled; there is no control on use of .'F1.le
the field so far as neighborhood use or drop-in play is concerned
U . Distribution
1. Copies of agreement between the Vniversity of Oregon and City re: Street
vacations in the campus area (dated January 25,1971). Comm
2. Copies of report from Assistant MB.Bager, dated June 21, 1972, re: Public 6/21/72
Hearings. File
v. Administrative Hearing, Mall REgulations Comm
This hearing has been set for July 17, 1972 at 7:30 p.m. in the Council Chamher.6/21/72
File
M::s. Beal moved seconded by Mr. Williams that Items A through V be approved, affirmed, and
flled as noted. Rollcall vote. Motion carried, all councilmen present voting aye except I
Mr. Teague abstaining on Item E (Abatement, 1902 Cleveland Street). '
.
. IV - Liquor License Applications
A. Change of Ownership .
l. Rancho Tavern, 1466 West 7th - Milton A. Viken (formerly Llloyd Hinrichs)
RMBA - PB
2. The Vavarian, 444 East 3rd - Frederick and Betty VanHerwaarden (formerly
Stephen Stivers) - Restaurant (B)
B. Adding'Partrter
. :1. . The Southland Corporation, 7-11 Food Stores ,2270 West 18th
Larry H. and Adellamae Jones ~ FB
OLCC and staff reports indicate no reason to recommend against approval. I
. .
Mrs. Beal moved seconded by Mr. Teague to recommend approval of the liquor license applica-
ti<;:>n:;> . Motion carried unanimously.
V - Ordinances
Council Bill No. 9742 - Calling hearing August ,14, 1972 re: Vacation easement between Echo
Hollow Road and Catalina, north of Willhi (So'rens()n)" wassubmi tted and read the first time by
council bill number and title only, there being no councilman present requesting that it be read ~.
in full.
Mrs. Beal moved seconded by Mr. Teague 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.
Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16538.
Council Bill No. 9743 - Requiring South Hills area development to be governed by planned unit
development regulations was submitted and read the first time by council bill number and title
only ,there heing ho councilman present requesting that it be read in full.
J'19 6(26/72 - 16
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Mrs. Beal moved seconded by.Mr. Teague that the bill be read the second time by co~cil bill numb~r
only, with unanimous consent of the Council, and that enactment be considered at this t~me. \.
Motion carried unanimously, Mr. Hershner abstaining, and the bill was read the second tlme by
council bill number only.
. Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, except Mr. Hershner abstaining, the bill was declared'
passed and numbered 16539.
Council Bill No. 9744 - Paving Norwood Street from Carmel Avenue to Marlow Lane 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.
Mrs. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill number
only, wi thunanimous 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.
Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye ,the bill was declared passed and numbered 16540.
Council Bill No. 9745 - Adopting plans and specifications for paving Norwood Street from
Carmel Avenue to Marlow Lane was submitted and read the first time by council bill number and
I title only, there being no councilman present requesting that it be read in full.
Mrs. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill number
I onJ,y, 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.
Mrs. Beal moved seconded by Mr. ~ague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16541.
Council Bill No. 9746 - Paving 25th Avenue from east boundary of 3r.d 'Addition of Churchill
Highlands to 450 feet east 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.
Mrs. Beal moved seconded by Mr. Teague 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.
Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16542.
I Council Bill No. 9747 - Adopting plans and specifications for paving 25th Avenue from east
boundary of 3rd Addition of Churchill Highlands to 450 feet east was submitted and read the first
I time by council bill number ~ridtitle only, there being no councilman-present requesting that it
be read in full.
~- Mrs. Beal moved seconded by Mr. Teague 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.
I Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16543.
Council Bill No. 9748 - Construction of sanitary sewer in area between 1-105 and a line 850
feet south of Centennial Boulevard (extended) from the east line of 1st Addition to Ayres Subdivi-
sion to 1200 feet west of Fairway Loop (extended), 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.
Mrs. Beal moved seconded by Mr. Teague 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.
Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16544.
Council Bill No. 9749 - Adopting plans and specifications for construction of sanitary sewer
in area between 1-105 and a line 850 feet south of Centennial Boulevard (extended) from the east
". line of 1st Addition to Ayres Subdivision to 1200 feet west of Fairway Loop (extended) 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.
Mrs. Beal moved seconded by Mr. Teague that the bill be read the second time by oouncil 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.
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Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall
vote. All councilmen present voting aye, the bill was declared passed and numbered 16545.
VI - Resolutions -
, Resolution No. 2069 - Calling hearing July 10, 1972 re: Abatement of building at 1902 Cleve-, .
land Street (Taylor/Garton) was submitted.
- -
Mrs. Beal moved seconded by Mr. Bradshaw to adopt the resolution. Motion carried, Mr. Teague
abstaining, on rollcall vote.
Resolution No. 2070 - Limiting development in South Hills area to six units per acre and
providing for corridor to Ridgeline Park was submitted.
Mrs. Beal moved seconded by Mr. Bradshaw to adopt the resolution. Rollcall vote. Motion carried,
all councilmen present voting aye, except Mr. Hershner abstaining, Mr. Williams ,and Mr. Bradshaw
voting no.
Resolution No. 2071 - Transmitting to Planning Commission for hearing July 5, 1972 various
rezoning requests was submitted.
Mrs. Beal moved seconded by Mr. Bradshaw to adopt the resolution. Rollcall vote. Motion carried,
all councilmen present voting aye.
Resolution No. 2072 -Transmitting to Planning Commission for hearing July 11, 1972 various
rezoning requests was submitted.
-
Mrs. Beal moved seconded by Mr. Bradshaw to adopt the resolution. Rollcall vote. Motion carried, -
all councilmen present voting aye. '-l:~...
Resolution No. 2073 - Authorizing payment of bills and claims for period June 12 through
June 26, 1972 was submitted.
Mrs. Beal moved seconded by Mr. Bradshaw to adopt the resolution. Rollcall vote. Motion carried,
all councilmen present voting aye.
Upon motion duly made, seconded, and carried, the meeting was adjourned.
:?~' I
Hug McKinley
Ci ty Manager
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dO\ 6/26/72
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