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HomeMy WebLinkAbout07/10/1972 Meeting I I Council Chamber Eugene, Oregon July 10, 1972 Regular meeting of the Common Council Of. th.e Cl.'ty of Eugene, .oregon was called to order b. y His . Honor Mayor Lester E. Anderson (left early) at 7:30 p.m. in the Council Chamber on July 10, 1972 wi th the following coUncilmen present: Mr. Mohr, 'Mrs. BeaJ: (arrived later), Mr. McDonald (ar- ,- rived later), Messrs. Teague, Williams, and Hershner, Mrs. Campbell,- and Mr. Bradshaw. I - Public Hearings .- A. Abatement, 1902 Cleveland Street Resolution No. 2075 - Authorizing abatement of building at 1902 Cleveland Street (Taylor-Garton) was submitted. Councilman T~ague asked if there was any correspondence from the owner in response to letter he had written. There was none. Mr. Mohr ,moved seconded by Mr. Williams to adopt the resolution. Motion car- ried, Mr. Teagu~(:ab'staining:' " " - - -' '- Mrs. Beal arrived at the meeting. B. Annexation, south side Centennial at east end of Centennial Loop (Parpish) Planning Commission June 12, 1972 recommended approval. C omm Mr. Williams moved seconded by Mr. Mohr to hold a public hearing on the request. 7/5/72 , _, Motion carried unanimously. Pub Hrng _; '<: Resolution No. 2076 - Initiating boundary change and transmitting to Boundary c Commission request to annex area on south side ofCen~- tennial Boulevard at east end of Centennial Loop, was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Motion carried unanimously. C. Zoning Newly Annexed Areas and Designating Sign Districts - - - ." '..:'~~':'--V:"~L~ :_..~,:'~~~ .o:,'.:t~.,__.... _._ _. '>0",'_ Planning Commission Report - June 13, 1972 . "',.. --'.- ,.. 'J,.). Recommends approval of the following zoning of newly annexed areas and Sign District designations: @. North and south of Spring Boulevard, east of North Shasta Loop - RA Suburban Residential ;~. West of Dillard Road, north of Snell and east of Larch - RA Suburban Residential: ~. West side of Fox Hollow Road, south of Donald - R-l Single Family Residential: I ~~ North of Centennial Boulevard across from Autzen Stadium - R-4 High Rise Multiple Family Residential fiio North of Bond Lane, west of Norkenzie Road - RA Suburban Residential ft? Hawkins Lane area and adjacent hill area to. the west - RA Suburban ~esid~ntia1 a ,g. South of Todd and Buck Streets, east of Kev~ngton - RA Suburban Res~dent~al . :h. West of Bertelsen Road approximately 1450 feet south of West 11th - M-2 ~ Light Industrial with Industrial Sign District designation '1. West of the intersection of Goodpasture Island Road and Delta Highway - C-2 Community Commercial, subject to PUD procedures, with Integrated Neighborhood Sign District designation _ j. East of Valley Ri ver Shopping Center - C-2 SR Communi ty Commercial wi th site review procedures with Integrated Neighborhood Sign District designation Comm 7/5/72 Mr. Williams moved seconded by Mr. Mohr to hold public hearings on the requests. pub Hrng Motion carried unanimously. ,~, . ',.. ~ ':f-.3~7~~~}:]-c=t~~72~~;~:9~;;]:~:T . -:-' ,r - Mr. McDonal.d-arrived at the meeting. Council Bill No. 1 - Zoning RA Suburban Residential area north and south of Spring Boule- vard, east of North Shasta Loop, was submitted and read the first time by council bill number and title only, there being no councilman pre- sent requesting that it be read in full. Mr. Moh:: moved ~econded by Mrs. Beal that. the _bil.l .~e ;;<:td _~h., e se. ?~.~d }~rr:e bX., counC~l. b~ll number .- . only, Wl th unanlmous consent of the Councll, and. that.: enactmerrt'be cons1.dered ,at thls;:tlme. " Motion carried unanimously and the bill was -read tnesecoll"dttmeby 'counCil-hIil-nUmber only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final pasaage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16546.î do3 7/10/72-1 \ CoUncil Bill No. 2 - Zoning RA Suburban Residential the area west of Dillard Road, north of Snell and east of Larch, 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 bin. 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 16547. Council Bill No. 3 - Zoning R-l Single Family Residential area on west side of Fox Hollow Road, south of Donald Street, was submitted and read the second time by council bill number and title only, there being no councilman present requesting that they be read in full. Mr. Mohr moved and 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. Mbhr 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 16548. Council Bill No. 4 - Zoning R-4 High Rise Multiple Family Residential area north of Cen- ~- tennial Boulevard across from Autzen Stadium was submitted and read the tit first time by council bill number and title only, there being no councilm~present requesting that it be read in full. - ---~~.-":"';".,---.:. ~- ,--- ',.--':;'_: --~- ,~~......~........_, ._.~ Mr. Mohr moved s~conded by Mrs. Beal that the bill be .rea<I 'the ~e~nd, :t:~~m~])y cC?uncil bill nllmber only ~ with unanimous:"'consent of the Council, and that enactment beconsid.e'red' at thIs' time;' "--". - ). "- - - Matlon carriea 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 16549 . Council Bill No. 5 - Zoning RA Suburban Residential area north of Bond Lane, west of Nor- kenzie Road 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. I Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, wi t):1 unanimous consent of the Council, and that enactment be consideI'ed at this time. I' 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 he approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16550. e Council Bill No. 6 - Zoning RA Suburban Residential Hawkins Lane area and adjacent hill area to the west, was submitted and read the first time by council bill numbeI' and title only, there being no councilman present requesting that it be read in full. I Manager explained that the ordinance includes only the Breeden Bros. development. The balance of the area annexed is not being zoned pending resolution of co~_f~ion resultin-g~'fr:omlj-iefpod 6:E, annexation. - - c' . MI'. Mohr moved seconded by MI's. Beal that the bill be I'ead the second time by council bill number only, with unanimous consent of the Council, and that enactment be consideI'ed 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. Rollcal vote. All councilmen present voting aye, the bill was declared passed and numbered 16551. Council Bill No.7 - Zoning RA SubuI'ban Residential area south of Todd and Buck Streets, east of Kevington, was submitted and read the first time by council bill numbeI' and title only, theI'e being no councilman pI'esent I'equestingthat 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 beconsidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. MohrJmoved seconded by Mrs. Beal that the bill be approved and giv7n final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16552. Council Bill No. 8 - Zoning M-2 Light Industrial with Industrial Sign DistI'ict designation , the area west of Bertelsen Road approximately 1450 feet south of West 11th, was submitted and read the first time by council bill number and title' only, there being no councilman present requesting that ij: :Q.e .~ad in full. , . , ~~~ 7/1n/7? - ? 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 16553. Council Bill No. 9 - Zoning C-2 Community Commercial, subject to PUD procedures, with Integrated Neighborhood Sign District designation the area west of intersection of Goodpasture Island Road and Delta Highway, was submitted and read the first time by council bill number and title only, there being no councifuman 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 enactmenmbe 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 pas's age . Rollcall vote. All councilmen present voting aye, the bill was declared passed aDd numbered 16554. Council Bill No. 10 -' Zoning C~2 SR Community Commercial with site review procedures'with Integrated Neighborhood Sign District designation the area east of Valley River Shopping Center, 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. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and giwen final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16555. D. Code Amendment, Definition "Street" - ~ - ----_._- Code Amendment, Sec. 9.254, re: Definition i'street" - Recommends-approval"of~ amendment of definition to read: A public thoroughfare or right-of-way dedicated,' deeded or condemned, other than an alley, which affords the principal means of access to abutting property, incl uding avenue, place, way, dri ve, lane, boule- vard, highway, road, and any other thoroughfare, except as excluded in the ; City Code. The word "street" shall include all arterial highways, freeways, traffic collector streets, and local streets. Assistant Manager explained the purpose of the amendment is to clarify the I ordinance and to remove any redundancy. Comm 'Mr. Williams moved seconded by Mr. Mohr to hold a public hearing on the amend- 7/5/72 ment. Motion carried unanimously. p;,ub Hrng e Council Bill No. 11 - Amending Code, Sec. 9.254 re: Definition "street" was submitted and read the first time bY,council bill number and title only, there b 'ng no councilman present requesting that it be re~d in full. M . Mohr moved seconded by Mrs . Beal that the bill be read the second time by council bill number o y, with unanimous consent of the CounciL, and that enactment be considered at this time. M ion carried unanimously and the bill was read the second time by council bill number only. Beal that the bill be app~oved and given final passage. I M . Mohr moved seconded by Mrs. Rollcall e. All councilmen present voting aye, the bill was declared passed and numbered 16556. E. Bid Opening - Public Works Paving and sewer' alley between 6cik and 'HIgh from 2'':;th Avenue n~;'th .:- Heid-"fr~~--- .-,.. - L June 26, 1972 meeting (see tabulation June 26 minutes). Albert Cheevers, 135 East 27th Avenue, reiterated his objections to the project, saying his property will not be benefitted and his taxes would be raised. Public Works Director reviewed history of the alley (dead end). He said at one time it was agreed to vacate it -e but the price established for the vacation was not acceptable to the property owners. Mr. Cheevers' por.tion would have been $224.01. Apartment owners are requesting asphalt I surfacing if it is not paved. Public Works recommends vacating the right-of-way or paving to City specifications. In answer to Mr. Mohr, Public Works Director said the Cheevers property is zoned RG, same as the apartment house property. Mr. Cheevers sai.d he would agree to vacation of I the alley, and that the apartments have access from Oak and High.. aoS 7(10(72 - 3 -- - \ Discussion followed between Council members, staff, and Mr. Cheevers on alternatives if the alley is not paved, if it is vacated, possibility of agreement between property owners to effect vacation. Staff indicated the project could be delayed if investigation of vacation is desired. . Mr. Mohr moved seconded by Mrs. Beal to hold the award until the July 24, 1972 Council meeting for a report on possible vacation ot~the right-of-way. Councilman McDonald said since the petition was signed by owners of more than 75% of the footage abutting the alley the project should be awarded. He felt not going ahead with the work with that large a percentage petitioning would be setting precedent. Also, that al- though Mr. Cheevers' property does not benefit to a certain extent at this time, there is the possibility that the paving will be of benefit in the future. Mayor Anderson said there is no set policy with regard to consideration of percentages petitioning an improve- ment, each one should be considered on contingencies which develop. He said it would be appropriate if the Council wished to develop a policy with regard to alley paving to discuss it in the future. Mrs. Beal reviewed her ~easons for favoring delay of the project, saying the vacation possibility should be investigated before requiring Mr. ilieevers to pay an assessment for paving which is of no benefit to him. Vote was taken on the motion to hold until July 24. Motion carried, all councilmen present voting aye, except Mr. McDonald voting no. . I)~) 2. Paving and sewer Myers Road from Gilham Road to 450 feet west (698) - Held from _J_~~~_,.~_~L.l9.?.?___Tll.~etiI)K.c~_ee tab!:lla.tion June 26l!liE_~!~~).. _ ~ _.._-~ - ----..~~ -~--- ,._" - ~ . ~ .' ..,~. . ~' Public Works Director said the Department was unable to make contact with the owner of property on the south side of the street. He listed possible options: (1) Refuse con- ',I tract; (2) accept project as bid; or (3) cut it back to the intersection. In answer to I Mr. Mohr, he said new bids would not have to be called since cutting back and including the intersection would fall within the reduction limit of the contract. " < " Mr. Mohr moved seconded by Mrs. Beal to award contract to the lowbidder, paving only to the west side of the intersection. On questioning from Mr. Hershner, Public Works Director explained that if the paving is ,I carried approximat€?ly 66 feet west of the intersection on the south side it would clear the develper's property: Manager suggested that the contract be awarded on the low bid i I up to and including the intersection with the alternative that if the developer wants paving in front of his lot west of the intersection the staff would have authority to award con- tract also for the south half of the street to the west. 1 I With the consent of Mr. Mohr and Mrs. Beal, the motion was restated to award the contract as suggested. Rollcall vote. Motion carried, all councilmen , present voting aye. e 3. Bid Opening - July 6, 1972 Project and Name of Bidder Contract Cost Cost to Cost to Amount I Paving, Sanitary and Storm Sewer Basic Alternate Abutting Property City Budgeted Within Summit Side Park (830) Wildish Construction $19,678.50 $19,559.40 T.L.1800 $1,682 Pvg 15.72 fr.ft. - Eugene Sand & Gravel No Bid 20,276.59 T.L.3600 $2,269 Pvg ~~.86 fr.ft. , , I Devereaux & Pratt 22,479.50 21,064.40 Sub Pvg $1,918/1ot (3) Sub Strm $1,781/1ot (6) Sub San $1,228/105 (3) \ Completion Date: September 15,1972 Within 1st Addn Southridge and Vine'Maple Drive from Spring Blvd to 300 feet south (864) Wildish Construction $81,358.65 $79,417.60 36'pvg $14.95 fr.ft. - - Eugene Sand & Gravel No Bid .89,366.39 28'Pvg $12.78 fr.ft. Devereaux & Pratt 90,335.40 81,640.25 20'Pvg $ 9.90 fr.ft., I Strm $214.00/1ot (34) , I Lat $ O.ll/sq.ft. ~ I \ Serv $ 90.00 ea (21) t '1 Levy $ 0.005/sq.ft. 1._____--- .. -- .-- -----.---------.. --- Completi..o~_Date :~p..temb_er 15, 197_2__.~__ 020 \0 7/10/72 - 4 Paving, sanitary-and storm sewer - and edestrian way Within Somerset Hills Subdiv 862) _OJ Basic Pvg AU. Pvg Basic Pvg Basic Pvg &, AU.Strm &, Strm &'Basic Strm &, Strm Wildish Construction $204,284.51 $198,845.39 $225,467.04 $230,906.16 - Eugene Sand &, Gravel No Bid 253,291.12 No Bid No Bid , Devereaux &, Pratt 274,522.21 261,374.20 289,588.74 200,938.55 72-73 Budget 36 ' Pvg $15.06/fr.ft. City Strm $18,723.00 \,:$-22,025.00 Pvg/lot $1,272 Ci ty San nQOQ4.00 "5$10 09LOO:' Strm/1ot $ 588 '-y;.'" . .5- San/lot $1,000 Completion Date: Phase I October 15,1972 Levy $ 90 Phase II August 1, 1973 - $2,950 Paving and Sanitary' Sewer Jeppesen Avenue bemween Newford Park and Goodpasture Park to serve T.L.4201 (891) Basic Alternate Benge Paving $4,601. 04 $4,839.52 28' Pvg $13.50/fr.ft. - Wildish Construction 5,524.05 5,119.00 Lat $ 0.052/sq.ft. Eugene Sand &, Gravel No Bid 6,195.20 Serv $213.00/ea Devereaux & Pratt 6,634.25 6,263.60 Levy $ 0.005/sq.ft. Completion Date: September 15, 1972 Paving and Sidewalk 15th Avenue from Acorn Park to 300 feet east ( 889 ) Wildish Construction $7,373.'85 $7,309.60 28' Pvg $15.43/fr.ft. - ,. Benge Paving 7,969.75 7,721.65 Pvg cul-de-sac $4,218.00 I Eugene Sand & Gravel No Bid 8,188.20 San T.L.902 $1,119.00 Devereaux & Pratt 9,168.50 8,550.50 Strm $656.00 Completion Date: September 15, 1972 Sanitary Sewer To serve industrial lots between West 1st and West 5th and between I Bertelsen Road and Seneca Rd(892) j , Shur-Way Contractors $42,743.60 Lat $0.075/sq.ft San. $12 ,583.00 - Wildish Construction 49,265.00 Levy $0 .005/sq.ft. Completion Date: November 1, 1972 j ~ Mayor Anderson left and Council President Mohr assumed the Chair. Public Works recommended award of contract to low bidder on each of the projects, with award on the Summit Side Park project subject to cash deposit of $1,682 for protection of cost to property west of subdivision for $225,467.Q4 (alternate paving and basic storm). Mrs. Beal moved seconded by Mr. Teague to award contracts as recommended. . Rollcall vote. Motion carried, all councilmen present voting aye. ,<" :---'-1- ( "1f~1?~Jl:Wci:tyeY;~;'-';- PavingZ'and sewers 3rd Addition Vista Villa I Public Works recommended waiving bid procedure and awarding contract to Wildish Construction I for $12,517.50, Day and Beulah Bayly to pay the entire cost. I I Mrs. Beal moved seconded by Mr. Teague 13.0 approve the bid waiver. Rollcall vote. Motion carried, all councilmen present voting aye. I - Items Considered With ONe Motion Previously discussed at committee meetings on June 28 ;(Present:,MayorAnderson; Councilmen Mohr, Beal, McDonald, Williams, Hershner, Campbell, and Bradshaw) and July 5, 1972 (Present: Mayor AndeFson; Councilmen Mohr, Bea1, Williams, Hershner, Campbell, an,d Bradshaw). Minutes of those meetings appear below printed in italics. A. Public -Hearings procedure-'~CounCii1l'ian Mohr--distiibuted -to council ri1erilbers copies of his melOOrandum suggesting appointment of a Council subcommittee to make recom-. mendations for change of the procedure for public hearings. . Comm . Mrs. Beal moved seconded by Mrs. Campbell that the Mayor appoint a subcommittee 6/28/72 to examine the question of public hearings. Motion carried unanimously. Approve 'aal 7 (10/72 - 5 \ B. ,ColllnWlity Attitude Survey Toward united Nations- Lois Barton, chairman of a sub- committee of the International Co-operation Co~ttee, reported the results of a community survey on attitudes toward the united Nationsr which show the majority, of those opinions returned agree with statements in suppOrt of the united Nations. . Mrs. Barton asked the COWlcil to confirm its agreement'- made at the time a public :hearing was authorized on world order and peace, to forward opinion survey find- 'ings to the Oregon Congressional delegation (Dellenback, Hatfield, Packwood), , the Ambassador to the United Nations George Bush, and to the President of the Uni ted States. Sue Gordon, Church Women Uni ted, and Allen Flood, Bahai' s, pre- ,sented statements from their organizations also in suppOrt of the United Nations. Mrs. Beal lOOved seconded by Mrs. Campbell that the Council assume the respOnsi- ' bility for forwarding the results of the survey to eleCted officials in Washington I and to Ambassador Bush. , ,To provide guidance in transmittal of the reports, Mrs. Barton will submit to . the Manager a short description of the manner in which the sampling was conducted.' She said it was distributed through Church Women United, League of Women voters, I American Association of University Women, various churches, and was considered by the Chamber of Commerce. Comm, 6/28/72-- Vote was !=~eJ?_C?1!.~1:J~ lOOtion~_s~ated, _~<:! ~~~on carried unanilOO_~sly,: Approve Councilman McDonald questioned presenting to the Congressional delegation a survey eliciting only 300 responses as representing opinion of a city of 80,000. Manager said it was his ....~ understanding Mrs. Barton, chairman of the International Co-operatiDon subcommittee, would 411 send his office a letter of transmittal to go with the survey explaining the basis on which it was taken. He has not received that letter, but if the Council desires when it is re- ceived it can be circulated before it is sent to Washington. Mr. McDonald moved seconded by Mr. Teague to hold this item until a draft of the letter has been presented to the Council. Motion carried unanimously. C. ;Vacation alley between Pearl and High, north of 11 th (Benjamin Frank.1~n sav~ngs~ ~YQ !Loan) - Planning staff evaluation of this request is not completed. Council is i.:,~; irequested to set date for public hearing to expedite the request in view of legal ~.: ,requirement for four consecutive weeks of advertising prior to the hearing. Staff repOrt will be made prior to the public hearing. i Mr. Mohr moved seconded by Mr. williams to call public hearing on the alley vaca- tion for August 14, 1972. Motion carried unanimously. I Assistant Manager reviewed vacation procedure, including initiating petition, I advertisement and notices of hearing, remuneration fo.rI>r.ol?er~yvacated, cost of moving utilities from right of-way, etc. It has been the practice of the Plan~ ,ning staff to meet and wo"'k with any person petitioning a vacation to resolve whatever problems may arise in connection with that petition; such has been the Comm a ,case with this request. Council has the authority to accept or reject any recom- 7/5/72 ,., Imendation made by the Planning COnmllssion. Approve D.Amend Agreement on Lower Amazon and Flat Creek Project, Soil Conservation Service - I Council was requested to authorize an amendment to the agreement increasing the Ci ty' s share by $585.60. The increase is the result of SCS error in calculating move- in/move-out expense. Mr. Mohr moved seconded by Mrs. Bea1 to authorize the amendment. Councilman Williams wondered about the basis for renegotiation, saying that in his experience with Federal contracts there has been reluctance on the part of the government to change contracts. Public Works Director explained that this par- ticular agency, SCS, requires a specific dollar amount on which to base a contract and will not award a contract until they have all documents in hand. Comm 7/5/72 ,vote was taken on the motion as stated, and motion carried unanimoUSly. Approve E.Extension Conditional Use Permit, Small Animal Hospital at 1247 Villard (York) - Dr. G. C. York is requesting another extension of his condi tional use permi t at this location. Agreement between Dr. York and the University of Oregon still has .-----. not been reached wi th regard to his existing locati on. "- Comm Mr. Mohr moved seconded by Mr. Williams to grant the extensicn for one year. Motion 7/5/72 ,Qarr.i_@(Lunanil!1Qus1y--"-___ __ ______________ __ Approve " dO ~ 7/10/72 - 6 F. ,Improvement Petitions - Paving (north side only), sanitary and storm sewers on - 5th Avenue from Bertelsen Road to 1300 feet west (100% peti tj.on) . Comm Mr. Mohr moved seconded by Mr. Williams to accept thel petition. Motion carried' 7/5/72 - unanimously. . , Approve e . " G. Criteria, Liquor License Recomrrlendations - Councilman Williams expressed concern about the Council's recent recommendation for denial of liquor licenses when the applicants had satisfied requirements of zoning ordinance, building codes, etc. I He suggested establishment of guidelines or policy position on which to base Comm future recommendations. Other councilmen agreed, and it was understood staff i :6/28/72 would bring back suggestions on how to proceed. Affirm Counci 1man Mohr left the meeting. H. Special Council Meeting to Set Budget Election - A special meeting of the Council will be necessary' to set a date for election on exceeding the 6% limi tation for the 1972-73 budget after its further consideration by the Budget Co~ttee. Camm Mayor Anderson, wi th Council consent, set the meeting for 7: 45 a.m., Thursday, 6/28/72 June 29, 1972. Affirm ,-- , . -I' ,c01llIiiittee, Pub11c Hearing Procedure - Mayor Anderson announced the appointment of: Comm ,. I Councilmen Mohr (chairman), Hershner, and Bradshaw as a committee to review the 7/5/72 Council's public hearing procedure. Affirm J. Appointment, Eugene Renewal Agency - Council meeting in executi ve session was . scheduled for 11 :15 a.m. Wednesday , July 12, 1972, to consider appointment of a member of the Eugene Renewal Agency. Wallace Kellogg, whose term expires July 10, 1972, does not wish to be reappointed. Mrs. Bea1 suggested discussion at the same meeting of the City's representation r on the Metropolitan Advisory Committee. It was decided recommendations from the Comm Planning Commission, requested by the Council, should be discussed prior to the I 7/5/72 Council's decision on appointments to the Advisory Committee. Affirm K. Appeal, Overheight Fence in Front Yard Setback, 2080 Churchill Street - Richard L. Schaaf, 2080 Churchill Street, appealed the Zoning Board of Appeals decision deny- ing permission to retain a 5-foot high fence constructed within the front yard setback at this location. The required 10-day period within which to appeal a Board decision was not met due to misunderstanding between the staff and Mr.Schaaf. For this reason Council consideration is recommended even though receipt of the appeal is late. I Mr. Mohr moved seconded by Mr. Williams to hold a public hearing on the appeal. Mrs. Campbell asked for an estimate of the cost to the property owner for moving . the fence. Assistant Manager said the cost would be minimal - no materials would be required and Mr.Schaaf would do the work himself. On-question from Councilman Williams, it was determined tjJe fence height allowed 'within the setback is 30" and does not require a building permit. The encroach- ment was noticed by a building inspector and Mr. Schaaf was asked to remove it or go to the Zoning Board of Appeals for a variance. This he did not do, so was cited into municipal court. The Judge also told him it must be removed. Only . then did Mr. Schaaf' go to the Board where a variance was denied. ! Superintendent of Building Inspection explained several construction items covered by Codes which do not require building permits. He confi rmed Mrs. Campbell's state- ment that the fence could be cut to 30" and remain where it is. Comm 7/5/72 vote was taken on the motion as stated. Motion carried unanimously. . Affirm . ------ L.,Meetings Scheduled ~D Historic Buildings S.lides - Professor Dole',s showing of slIdes of historic buildings in Eugene is tentatively scheduled for the committee meeting, August 2, 1972. ;- 2. Sign Code Board of Appeals - Meeting wi th Council scheduled for commi ttee session . Wednesday, July 12, 1972. -;;.... Budget Committee - Community Relations Officer distributed to Council members copies of memo containing suggestions for promotion of the ballot measure for Comm the July 25, 1972 election to exceed the 6% limitation. Meeting of the Budget 7/5/72 Committee was shcedu1ed for 4:00 p.m., July 11,1972, in the McNutt Room. Affirm ao'l 7/l0(72 - 7 M. Financing Plan, Regional Sewers - Copie~----of a preliminary report on a study on financing Eugene/Springfield regional sewers, based on the DMJM sewer master plan, were previously distributed to Council members. Ed Wells of Bartle Wells Associates~ municipal financing consultants who made the study, reviewed the plan and presented . recommendations on which a final report will be based. It suggests revenbe sharing and cost equalization as the best method of financing the project through a joint contract wi th Springfield, providing for creation of a Regional Sewerage Advisory Commission, construction and operation of new and existing sewers to serve the 1990 Urban Service Area, and equalization of costs of existing major facilities and outstanding' bonds. The plan calls for formation of a special bonding district covering the two cities to seek authorization for $8.5 million in bonds, and the use of $2.5 million of Eugene's sewer utility funds to construct new sewers. Federal and State grants can be used to reduce local costs. Revenues for expansion of the program and rehabilitation of present facilities will be derived from (1) 509 per $1000 TCV property tax; (2) $3 monthly sewer user charge per dwelling Unit; (3) in-' . , dustria1 charges; (4) $375 per dwelling connection charge (escalating $25 per year to $600), with pro rata provision for use of these llDnies to regional and city systems. Services would be extended to unincorporated areas upon annexation to either city Or upon approval by both cities and the County. Mr. Wells said: a final report will be prepared in the next 30 days so that any suggestions to be incorporated should come within the. next ten, days. . Manager said Mr. Wells will be available for meeting with the Councilor with both Eugene and Springfield councils for discussion and study session before com- mi tment to the program.., > '. ." Councilman Williams was concerned about Eugene's bonding authori ty, wondering how expiration of present bonds would affect such a program. Mr. Wells explained that Eugene now has substantial service on outstanding sewfJr bonds so that no increase in the 509 rate will .be required for some years to come. ;, Councilman Hershner inquired about formation of a special service dist:tict. Mr. Wells explained that a County service district could be created, with ap- proval of County Commissioners, limited to the boundaries of the two cities and accepted by voters of the two cities. Or, by contractual arrangement between the, two cities, creation of a special legislative district, to issue financing bonds could be authorized. The purpose of the district would be to issue bonds for financing. purposes only, and to provide a new tax foundation. for, any addi tiona1 'bond elections. , In answer to Mayor Anderson, Mr. Wells said a financing issue settled by the I electors would be preferable, so that if bonds are not appx,-oved the district would be dissolved automatically. Also, that connection charges cannot be Ban- I " crofted. Under the proposed plan the charges are not payable until the property is actually used, avoiding heavy charges on undeveloped land and providing .b~t_t_eE.J:!5>rro!!-!l.gpower . . Manager noted that a certain portion of the present bonding debt on sewers is spent for storm sewers, so that some source of revenue would have to be found to retire that portion. This would amount to about 309 per $1000 TCV in addi- 'tion to the total sewer debt service. Comm I Mayor Anderson expressed appreciation to Mr. Wells for his presentation which 6/28/72 he said provides an excellent framework for work toward regional sewer system. File N. Report, Field Incinerator Development - Robert Alexander, director of Air Re- sources Center at Oregon. State University, reported on the direction being taken . on the research program on seed field burning, progress on mobile field in- cinerator, and alternatives to open field burning. He described the sanitizer (incinerator) which is being built by Rear Manufacturing and which should be available for field use during this burning season. He said research on economical alternatives to field burning is being emphasized to justify minimizing the burn- ing. Burning for the coming summer will be accomplished under the same regulatory. program as in the past, based on wind direction. , , ,There were questions from Council members and others on anticipated cost of the proposed machine and its use, and whether the present deadline for banning field iburning is realistic. Mr. Alexander had no conrnent, other than that they would . hope use of the machine would prove successful and provide the kind of informa- tion which would allow growers to'proceed on a good, productive program. He 'said the primary objective of the machine is sanitizing the soil at the least cost, and that ,some type of government subsidy could be considered because of the critical nature of growing perennial seed grass. There was further discussion on burning for different types of grasses and possi- Comm bi1ity of change in the deadline for banning field burning, with Mr. Alexander's i 6/28/72 reiteration that another season's test~ng of the sanitizer will provide more File information_as 1::0 whether i t w~ll _accomp"'li~h__j. t:~_purp!:>.f>e_. _ .". . -- -,... . OliO 7/10/7? - R I Mrs. Beal moved seconded~by Mr. Teague that Items A through N be approved, affirmed and filed as noted (except Item B as voted upon separately). Rollcall vote. All councilmen present voting aye, motion carried. II - Reconsideration, Liquor License Application - Riviera Tavern, 99 River Avenue - John T. Langan, applicant, Retail Malt Beverage Class C. - Councilman Williams said after discussion with several other Council members he felt there were enough who had changed their minds about action on this application to merit its re- cons ideration Mrs. Beal moved seconded by Mr. Teague to reconsider the application of the Ri viera Tavern. It was understood that OLCC would be notified, if the vote is favorable, that the applica- tion will be reconsidered by the Council and request for OLCC to delay their action until after that reconsideration. There was discussion on vote of the Council required for re- consideration, and the Chair ruled a majority vote would pass the motion. Vote was taken on reconsideration. Motion carried unanimously. Mrs. Beal moved seconded by Mr. Teague that public hearing on reconsideration of the Riviera Tavern application be scheduled for the July 24, 1972 Council meeting. ~anager said both the applicant and those people whose names appeared on the original report from OLCC will be informed of the second hearing. Mr. Williams said the applicant is aware that there is no guarantee of either reconsideration or whether action would be taken at ." this meeting if it were reconsidered, so that the only thing would be to ask OLCC to delay its action until .after the hearing. . Vote was taken on holding public heari?gJuly :24. Motion carried unanimously. " -- ---- It was understood Council memoerswoUldviewthe site on tour before the hearing. I - Ordinances Council Bill No. 12 - Calling hearing August 14, 1972 re: Vacation alley between Pearl and gh Streets north of 11th Avenue (Benjamin Franklin Savings & Loan)was~submitted and read the rst time by council bill number and title only, there being no councilman present requesting at it be read in full. s. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill numbe ly, with unanimous consent of the Council, and that enactment be':considered at this time. tion carried unanimously and the bill was read the second time by council bill number only. I s. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall te. All councilmen present voting aye, the bill was declared passed and numbered 1655, , Council Bill No. 13 - Construction of storm sewer between Gilham Road and Norkenzie Road . QOO feet~ more or less, west of Gilham Road) from Brewer Avenue to Belt Line Road, was sub- ~tted and read the first time by council bill number and title only, there being no councilman esent requesting that it be read in full. s. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill numbe ly, with unanimous consent of the Council, and that enactment beconsidered at this time. otion carried unanimously and the bill was read the second time by council bill number only. rs. Beal moved seconded by Mr. Teague ~hat the bill be approved and given final passage. Rollcall ote. All councilmen present voting aye, the bill was declared passed and numbered 16558. Council Bill No. 14 - Adopting plans and specifications for construction of storm sewer be~ een Gilham Road and Norkenzie Road (1000 feet more or less. ,westof-Gilliaro Road) from Brewer venue to Belt Line Road, was sUbmitted and read the first time hy council bill nwnber and title niy, there being no councilman present, pequest~ng it be . read ip... full; , rS. Beal moved seconded by Mr. Teague that the' bilLbe, read the second tiJne by council billriumbe nly~ with unanimous consent of the Council, and that enactment be considered at this time. otion carried unanimously and the bill 'was read the second time by coUncil bill nwnber only. rs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall . ote. All councilmen present voting aye, the bill was declared passed and numbered 16559. Council Bill No. 15 - Paving streets within 3rd Addition to Vista Villa was submitted and ead the first time by council bill number and title only, there being no councilman present equesting that it be read in full. dl I 7/10/72 - 9 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 counci~men present voting aye, the bill was declared passed and numbered 16560. Council Bill No. 16 - Adopting plans and specifications for paving streets wi thin 3rd Addition to Vista Villa 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 16561. Council Bill No. 17 - Construction of sanitary sewer within 3rd~Addition to Vista Villa 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 I voting aye, the bill was declared passed and numbered 16562. Council Bill No. 18 - Adopting plans and specifications for construction of sanitary sewer within 3rd Addition to Vista Villa 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 th e 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 16563. I Council Bill No. 19 - Paving 15th Avenue from Acorn Park to 300 feet east (revising Ordinance 16525 passed June 12,1972) was submitted and read the first time by council bill number and title I 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 16564. I Council Bill No. 20 - Adopting plans and specifications for paving 15th Avenue from Acorn Park to 300 feet east (revising Ordinance 16526 passed June 12, 1972) was submitted and read the first time by council bill number and title only, there being no cormcilman 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 rmanimousconsent. 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 16565. Council Bill No. 21 - Construction of sidewalk on 15th Avenue from Acorn Park to 300 feet east (revising Ordinance 16527 passed June 12, 1972) was s_ubmitted and read the first time by council bill number---=9-nd 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 Coup-cJJ-, and that enactment be considered at this time. Motion, carried unanimously and thebill"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 16566. c:;1 I ~ 7/10/72 I, Council Bill No. 22 - Construction of sanitary sewer in area between a line 400 feet north of 05 and a line 850 feet south of Centennial Boulevard (extended) from east line of 1st Addition Ayres Subdivision to 1200- feet west of ,Fairway: Loop (extended) (revising Ordinanc'e 16544 passed e 26, 1972) was ailimitted and read the first time by council bill number and title only, there ng no councilman present requesting that it be read in full. - . Beal move~ secodedby Mr. Teague that the bill be read the second time by council bill number . y, with unanimous consent of the Council, and that enactment be considered at this time. ion carried ,unanimously. and the bill, was read' the second time by council bill number only. . Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Ro~lcall All councilmen present voting aye, the bill was declared passed and numbered 16567. Council Bill No. 23 - Adopting plans and specifications for construction of sanitary sewer area between a line 400 feet north of 1-105 and a line 850 feet 'south of Centennial Boulevard ended) from est line of 1st Addition to Ayres Subdivision to 1200 feet west of Fairway Loop- endedHrevising Ordinance 16545 passed June 26,1972) was submitted and read the first time council' bill number and title "only, there being no councilman present requesting that it be r d in full. M Beal moved seconded by Mr. Teague that the bill .be read the second ,time by council bill number 0 y, with unanimous consentof the Council, and that enactment be considered at this time; M ion carried unanimously and the bill was read the second time by council bill number only. M . Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall All councilmen present voting aye, the bill was declared passed and numbered 16568. Council Bill No. 24 - Calling election July' 25, 1972 to exceed 6% limitation by $2,264,627 . w submitted and read the first time by council bill number and title only, there being no c cilman present requesting that it be read in full. ^' M ., Beal moved seconded by Mr. Teague that the bill be- read the second ,time by council bill number 0 y, with lIDanimous consent. of the Council, and that enactment be considered at this' time. M ion carried unanimously and the bill was read the second time by council bill number only. M . Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall All councilmen present voting aye, the' bill was declared passed and numbered 16569. -' , Council Bill No. 25 - C'onstruction of sanitary sewer' on 5th Avenue from Bertelsen' .Road to 1. o feet west was submitted and readthe first time by cOlIDcil bill number and title only, there b 'ng no COlIDcilman present requesting that it be read in full. M . Beal moved seconded by Mr. Teague that the' bill be read the second time by council bill number 0 y, with unanimous consent of the Council, and that enactment be considered at this time. I M ion carried unanimously and the bill was read the second time by council bill number only. M s. Beal moved seconded by Mr.. Teague that the bill be approved and given final passage. Rollcall All councilmen present. voting aye, ,the bill was declared passed and' numbered 16570. -- Council Bill No. 26 - Adopting plans and specifications for construction of sanitary sewer 0 5th Avenue from Bertelsen Road to 1300 feet west was.~submitted and read the first time by c uncil bill number and title only, there being no COlIDcilman present requesting that it be read i full. M s. Beal moved seconded by Mr. Teague that the bill be read,the second time by council bill number o ly, with lIDanimous consent of the COlIDcil, and that enactment be considered at this time. M tion carried unanimously and the bill was read the second time by council bill number only. --. M s. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall v te. All COlIDcilmen present voting aye, the bill was declared passed and numbered 16571. .. Council Bill No. 27 - Construction of storm sewer between 5th Avenue and 300 feet north of 5 h Avenue and between Bertelsen Road and 1300 feet west of Bertelsen Road was submitted and read t e first time by cOlIDcil bill number and title only, there being no councilman present requesting t at it be read in' .full ~ M s. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill number o ly, with lIDanimous consentof the Council, and that enactment be considered at this time. tion carried unanimously and the bill was read the second time by council bill number only. .~~ s. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall All councilmen present voting aye, the bill was declared passed and numbered 16572. Council Bill No. 28 - 'Adopting plans and 'specifications for construction of storm 'sewer be- een 5th Avenue and 300 feet north of 5th Avenue and between Bertelsen Road and 1300 feet west of rtelsen Road was submitted and read the first time by council bill number and title only, there ing no cOlIDcilman present requesting that it be read in full. d\3 7/10/72 Mrs. Beal moved s~conded by Mr. Teague that the bill be read the second time by council bill number only, with' unanimous consent of the Council, and that enactme~tD.e 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. Roilcall vote. All councilmen present voting aye, the bill ~as declared passed and numbered 16573. Council Bill No. 29 - Paving north side of 5th Avenue from Bertelsen Road to 1300 feet west was submitted and read the first time by council bill numba:' 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 re,ad the' seco;nd 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 16574. Council Bill No. . 30 - Adopting plans and specifications for paving north side of 5th Avenue from Bertelsen Road to 1300 feet west 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 ~r. Teague that the bill be read the second time by' council bill number only, with unanimous, consen-t~:: 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 MI'. Teague that the'bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16575. Council Bill No. 31 - Levying assessments for sanitary sew~I' - East Bank Trunk on Goodpasture Island Road, Kingsley' Road, ana. along south boundary of Mar-ist. '~C?<?o,:r,was submitted and read the first time by cbuncil 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 held until the August 14, 1972 Council meeting to allow proper notice of assessment to be given owners of affected properties. Motion carried unanimous,ly. V - Res01utions I Resolution No. 2077'- Authorizing amendment to Lower Amazon and Flat Creek Project agreement with Soil Conservation Service (increase City share by $585.60) was submitted. I Mrs. Beal moved ,seconded by Mr. Teague to adopt the resolution. Rollcall vote. All councilmen present voting aye, 'motion' carried. . Resolution No. 2078 - Authorizing payment of bills, claims, and progress payments for period June 26 thrOu~h July 10, 1972 was submitted. Councilman McDonald questioned the cost for River Road study. Manager sa:id it was a planHing cost I in figuring what the cost would be to River Road residents and to the City for City services in the event annexatiOn should occur. The amount listed is incl uded in the 197J:-72 budget. Mrs. Beal moved seconded by Mr. Teague to adopt the res01ution. Rollcall vote. All councilmen present voting aye, motion carried. Upon motion duly made, seconded, and-carried, the meeting was adj ourned to, Monday, JUly 24, 1972. .~ . .. /~(' Hugh McKinley City Manager ,.:;-- . dl4 7/10/72