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HomeMy WebLinkAbout08/14/1972 Meeting Council Chamber Eugene, Oregon August 14, 1972 Regular meeting of the Common Council of the city of Eugene, Oregon was called.to order by His - Honor Mayo~ Lester E. Anderson at 7:30, p.m. on August 14,1972 in the Council Chamber with the . following councilmen pres.ent: Mrs. Beal, Messrs. McDonald, Teague, Williams, Mrs. Campbell, and Mr. Bradshaw. Councilmen Mohr and Hershner were absent. Manager announced dedication ceremonies for Salem, Oregon Civic Center will be. held Friday, AugUSt 18, beginning at 9:30 a.m. He aiso reminded'the Council of Planning Commission meeting at noon, August 15', at which' Betty Niven will continue her' presentation regard'ing public housing in Britain. ,,' , , ' I - Prociamation Canvass of votes cast July 25, 1972 in election to exceed 6% limi~ation by $2,264,627 was presented, showing votes For the measure - 3,749; Against - 3,806. Mrs. Beal moved seconded by Mr: Teague to affirm the procillamation. Motion carried unanimously. II - Public Hearings A. Reconsideration, Grogg Shop; 1677 Coburg Road - RMBC - Robert C. Beckley Manager explained that when this application was previouSly"before the Council, st'aff recommendations indicated no prqblems from police-,":t:baffic, or physical standp6int. OLCC investigation report indicated that of people~interviewed in the vicinity, 13 ob- j ected, 5 had no objectm6n to the Grogg Shop's proposed location at ili677 Coburg Road. - Since previous consideration of the application, Council members have viewed the site. = Dean Owens, attorney representing the applicant, Robert C. Beckley, presented Council wi th copies of a marketing survey report of the area bounded by the Willamette and McKenzie Rivers and 1-5 indicating a demand for a tavern in that area. He also pre- sented petit~on signed by 70 people having no .objections to the tavern. Mr~ Owens pointed out that the proposed location is on a major arterial and in a C-2 zone in which taverns are allowed. Jerry Vinson, Willakenzie Market, 1645 Coburg Road, presented petition signed by resi- dents of the area objecting to the tavern. He noted that the existing parking area comprises two separate parcels; and he objected to probable use 'of the 'Market parking area for tavern customers. He also commented on the proximity of schools in the area and residents of elderly people, and said, that he felt enough testimony has been pro- vided to show that the tavern is not wanted in that area. Others objecting to the tavern's location at 1677 Coburg Road were Paul Bendix, owner ! of apartments at 1600 Adkins Street; Jim Vanderplaat, director of Medical Diet Service, 1677 Coburg Road; Frank Greimer, 1600 Adkins; Harold Olsen, 1690 eC):Durg Roaa.:;-~11~'['garet Edward, operator of beauty shop at 1677 Coburg Road; Do:p.ald Fryer,-2760' -Jeppesefl Acres Road; and others on a show of hands on the basis of traffic congestion, insufficient . parking space, incompatibility with neighborhood, proximity to schools and residences of elderly, drunks,noise, etc. '1." Councilman Bradshaw inquired about the ownership of the parking space. Mr. Owens replied that the proposed tavern property extends toward the Market far enough to allow another lane of space, and that provision for parking would be satisfied in the building permit inspection. He didn't feel there would be any traffic problem. Councilmen Teague and McDonald asked about the number of parking spaces to be provided. Manager said the number' of required parking spaces would be resolved at the time a per- mit is requested for remodeling of the building. Mrs. Beal moved seconded by Mr. Teague to recommend approval of the license application. Councilman Williams noted a conflict of interest and said he would not vote. Councilman Bradshaw commented on his concern for encroachment of commercial type estab- lishments in a primarily residential area and compared it to the Suuth Willamette Street are a. Vote was taken on the motion to recommend approval. Motion defeated, all . councilmen present voting no, except Mr. Williams abstaining. B. Vacations L Utility easement between Echo Hollow Road and Catalina, north of Willhi Street (Sorensen) 2. Alley between Pearl and High from llth Avenue north (Benjamin Franklin Savings & Loan) ~3' 8/14/72 - 1 ... "": \. Council Bill No. 50 - Vacating utility easement between Echo Hollow Road and Cata- lina, north of Willhi Street, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. ~. 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, illdthat enactment be considered at this time. Motion carried unanimoUsly, and the bill was read the second time by council bill number only. Mrs. B,eal moved seconded by Mr. Teague that the .bill be approved and given final passage. ~ollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16594. Council Bill No. 51 - Vacating alley between Pearl and High from 11th Avenue north was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Planning Comrnissillon recommended vacation of the alley subject to (1) relocation of utilities now in the alley at expense of Benjamin Franklin Savings &. LOan, (2) conformance to plans with respect to pedestrian access and bicycle paths; (3) maintenance of land- scaping; and (4) preservation of large maple tree. Manager eXplained that to perrni t location of the Benjamin Franklin building on the lot between Pearl and High facing 11th and to preserve a large maple tree on the side nearest Pearl Street, the applicant in trying to work out the necessary off-street parking concluded it desirable to place the . building across the alley. Rolland Bowles, architect for Benjamin Franklin, displayed a plot plan of the property showing location of the building, the tree, parking to allow ingress and egress (ap- proved by the Traffi c Department)., et c. Manager read letters from Dr. John P. MacKinnon, 258 East lath Avenue; Mrs. D. E. Dumond, 1744 Moss Street; and Dr. Chester L. Stevenson, 258 East lath Avenue objecting to vaca- tion of the alley on the basis of need for access. David Gwyther, 2334 Floral Hill Drive, called the proposed building a promotional scheme and asked postponement of Council consideration. Anna Benson, 561 East 12th Avenue, noted Benjamin Franklin's advertising as operating o~ly in "Independence Hall" buildings and called attention to the traditional type building the firm occupies in Astoria,Oregon. I Dr. John MacKinnon, Jr., 258 East lath Avenue; Mrs. Joseph Waldstein, 1270 East 22nd Avenue; Otto Vonderheit, 260 East 11th Avenue; and Dr. John MacKinnon, Sr., 25~'East lath Avenue, objected to closure of the alley. Their objections were based on insufficient I room for traffic movements, not to public interest for safety, loss of bicycle route, limited space for f~re engines, lo~s of ,route for traffic leaving ,o~f~ce~ in the area, breaking continuity of north/south alley running from 7th to 18th, etc. Dr. MacKinnon,Sr. , suggested traffic count in the alley before a decision is made on its vacation. . Archie Weinstein, 666 Willamette Street, wondered if there .was .misunderstanding about the portion of the alley petitioned for vacation. It was pointed out on a map as the I alley running north from 11th Avenue to the east/west alley from Pearl to High. Manager said that Traffic Department did review the proposed vacation and, although traffic counts w~re not i;aken, it should be mentioned that alleys" are generally for the purpose of service to abutting properties and not designed to be used as thoroughfares. Movements across 11th from either the north or south would be discouraged as hazardous with preference for use of traffic $ignals at intersectic~ri. co~ers. Wi th regard to space for traffic movements if the alley is vacated, he said extension of the east/west alley would adequately handle turn movements. No problem is anticipated with regard to access to the area by fire trucks. Mrs. Campbell noted no objection to the vacation at the time it was considered by the Planning Commission. Jim Saul, Planning Department, said there were no objections at that time, although the vacation was advertised as required. Mr. McDonald referred to Planning Commission member Bonnett's vote against the vacation on the basis of "public interest" and asked if a building can be constructed on vacated land. Manager explained that title to vacated land reverts to owners of abutting prop- . erties, thereby making the land pri V9-te property. Councilmen McDonal<:l and Teague ex- pressed concern about vacating alleys in the downtown area and the.resulting effect on traffic. Mrs. Beal's concern was whether this vacation would serve the public interest. Mr. Bradshaw expressed the opinion that the proposed plans would provide better pedestrian ways and bicycle routes and, so would serve to alleviate traffic congestion ih that area. Councilman Williams said there seemed to be a serious questmon as to whether the public interest would be served by vacation when so many of the public express opposition and st~te - they - use the alley. ~3~ - 8/14/72 - 2 '( Mrs. Beal moved seconded by Mr. Teague that the vacation petition ,be referred to, a joint session of the Planning Cominission and Council. Motion carried uni3.nimously. - C. Levying Assessments . Council Bill No. 31 - Levying assessments for Sanitary Sewer ..: East Baiik Trunk on -~ . " ',' Goodpasture Island Road; Kingsley Roa<l~ and along south boundary of Marist School, was s ubmi tted and read the first time by council bill number and title only, there being no councilman present requesting it be read in full, on , July '10 , 1972 and held fo.' this -dateror proper, notice o.f assessment to be given owners of affected properties, now brought back for consideration with no written protests on file. " ' Mrs. Beal moved secoBded by Mr. Teague that the bill be rea~ the se~ond time by council bill number ~nly,-with unanimous consent of the Council, and that enactment be considered at this time ~-1Fto't'xon: carried unanimously and the bill was read the' second time by council bill number only. ... n .. Mrs. 'Beal moved seconded by Mr. Teague that the'bill be approved and given final passage. Rollcal'l vote. . All cO'uncilmeh preselitvoting aye ~ the' bill was declared pas'se.d and 'numbered 16595. ; --.. " .".1 Mcqor Anderson recognized the presence of John J. McGinty, former mayor of the city of Eugene, and introduced him. D. Capital Projects ...;; Novemb~r 1972 Ballot . ~ Capital needs as seen by staff were presented to the, Council on Juiy 21+ with the.idea Council would authorize presenting the most pressing of those needs to the voters at the same time the auditorium/convention center bond issue ~ill be, voted tlPon. Tpe list of projects hi3.d been briefly reviewed by the Counc~l and the Planning' Commission, and a subcommittee of the Council appointed to make recommendations as to priorities and the manner in which they were to be presented to the voters. Manager reviewed in detail the list o~.pr9jectsandpriorities a~ seen by staff, saying the auditorium/convention pro- ject s~o~dh~ve been list~d~~egarately sin~e tre.Counc~l.h~s ,a~~eady authop~~ed its pl~cement on the November ballo~. The program totals some $36 million which, based on ~ . .0 ~ estimates of increased va1Uat"'1on, would make a first year increase in the tax rate of $7.51 per thousand TCV. Mayor.Anderson asked for testimony with regard to those items the public feels are most urgently needed. - ~ -" I ,~e'an To}.lepaar, )74P. Onyx Street; spok~about thE;! correcticmaI' f?-ci~iti,es. She asked , that new facilities, be planned in conjunction w,ith other agencies - local st.ate and federal,- so t~at within a five-yeap period a resigen~ial type facility, providing initial rehabilitation, will be a reality.' , . . Jack Wilbur, 2525 Kinciuiid Street, objected to inClusion of monies for bicycle trails , ...... suggesting.use; of sidewalks ,.with installation of ramps to the streets for that purpose. Betty ~iven? 3940,,,Hilyard,Street, chi3.irman of, the JointHousing .Committee, stressed the need for. :funds to provide low-,cost housing through purchase of properties when available. She called attention to the inadequate supply of housing. in th.e City for.. families with I annual. incomes of less than ,$7000. , I ,l)avid Gr~t" 183,4 ~airmount Boulevard, was in ,favor of all :the listed projects, but would ~sk :priority.be placed on fi.re protection facilities" street improvements, parks, and the library expansion. ,Wenzl Evans,.,J,G31 Leigh Street, aske,d.that the pallot include, an item for funds. for re- newalin the area west of Skinners Butte, saying it is a good residential area but that housing is now inadequate,. ,Hefe,~ls the school in that are? ,~ill be closed .if the neighborhood is not maintained as residential area. ' . . Lee Bishop, presid~nt0f the, Lane County Audi torium A1?s09~ation, referred to letters from . ,~_the:;Associati-qn?'-an0~i~'a?,~__their;request.:S;~:j~~'~t1Jratd1~~i[~~~~~~on center bond Issue' be 'pYaced'--on /trr-e-b{i'116t..as<a -mea8't1re'-<separa'e€~Y'0Tri-:(')'the'r--:""Capita-r proj ects ,and that . the Couqcil issue a statement pledging operating profit from the auditorium and unallocated room. tax fund~ to retirement of the auditori~m bonds. Irvin Wainer, 3374 Olive Street, speaking for the Lane Political Action Committee, said the: proj ect~. 1i~ted would appear to indicate the City is not representing the poor and minoY'ity people. He asked high pY'ioY'i ty be given to library expansion and stY'eet lighting. ~~4 8/14/72 - 3 , \ Farmer MayaI' Jahn McGinty cQmmented in regard to. law~incame hausing. He stressed the impa~tance af being able to. disperse law-incame groups into. existing neighbarhaads) saying subsidized hausing has hat warked successfully in the larger cities. . David Gwyther) 2330 Flaral Hill Drive) prapased three ballat measures (1) law-incame . hausing) (2) library) parks) and bicycle paths) and (3) auditarium. He said students are campeting with law-incame families far hausing) and that it wauld be af mare benefit to. have funds to. enable law-incame peaple to. rebuild their hames ar redevelape alder hames in integrated neighbarhaads. Ruth Stratan, 2243 Patter Street) urged cansideratian af tap priari ty listing far iliaw- incame hausing) saying the majar part af same in carnes is spent far rent. Jahn,Axtell, 2573 Sharon Way, favared branch libraries and arterials) althaught, he said, any priarities wauld definitely be set by the vaters. He added that the law-incame haus- ing shauld have a high priarity. Mary Briscae, president af the League af Wamen Vaters, wauld place highest. priarity an carrectians facilities and law-incame hausing. She said the League wauld recammend that if a new carrectians facility is built) planning shauld ensure that it wauld ac- cammadate rehabilitatian based an prisaner needs, at the same time praviding adequate security. Law-incame hausing) she said, shauld be available ,to. ,all and shauld have a high priarity an the list. No. further testimany was affered) and Mayar Andersan declared the hearing clased. The i terns will be discussed further by the Council, he said, and final actian taken at . the Cauncil meeting an August 28 as to. thase items to. be included an the Navember ballat. E . Rezan"ing Recammended far Apprava:i - 'Planning Cammissian July; 5,1972 1. Sauth af West 11th between Lawrence and Washingtan, C-2 and R-3 to. C-2 SR (Planning Cammissian) " . 2.. Sautheast carmer 11th, an~ Washi~gtan, R-3 to. C,..2 SR (Bendall) I ' 3. Sauth af 15th, narth af Amazan Canal, between Hayes and Grant, R-l to. R-2 SR (Mathers) Planning Cammissian July 11, 1972 4. East af Sauza Street) west af :Be1tLine Raad) AG to. R-l (Trans Western Investars) 5. East side af Oak extending 450 feet to.' sauth fram carner af 28th and Oak, R-l to C-2 PUD (Wilsan) - Passage'af Ordinance will beheld pending approval af planned unit develapment 6. Sauth af 13th, west af Palk, R-l to. ~-2 PUD (Elliat-Baitis) - Passage af ardinance will' be held pending appraval af planned unit 'develapment. I ' ,- CaUncil Bill No.. 5"2 - Rezaning to. C-2' SR area sauth af West ,11th between Lawrence and I Washingtan) was submitted and read the first time by cauncil bill number and title anly) there being no. yaunc~lman present requesting it be read in full. . Mrs. Beal maved secanded by Mr. Teague that the bill be read the secand time by cauncil bill number anly, with unanimaus cansent af the Cauncil,' and that enactment be cansidered at this time. Matian carried unanimausly and the bill was read the secand time by cauncil bill number anly. I Vernan Gleaves) attarney, said the Planning Cammissian'recammended final passage af the ardinance be withheld pending Mr. McNutt's acquisitian af praperty franting an Lawrence giving access to. this praperty. ,They hive no. abjectian to. ,this delay in the rezaning, and Mr. Gleaves said when the -optian is exercised by M~. McNutt' the Cauncil will be sa natified. Manager read a letter signed by Neil Murry) 653 West Braadway,; Edwin ,L. St.Clair, 652 West Braadway) Karal A. Kraeze) 671 West 11th Avenue; and R. A. Pine, 592 West Braadway, members af the Steering. Cammittee, OT the Westsid~ N:eighbarhaqd Quality Praject, endarsing the requested zane change. They.:alsa asked resto.ratian to. residential zane ane black af praperty in that area zaned Cammercial Neighbarhaad. Manager said the Planning Cammissian is aware af the large amaunt af cammercially zaned property mentianed, and has in mind recansideratian af that zaning. Mrs. Beal maved secandedby Mr. Teague to. hald Cauncil Bill No.. 52 pending natice af Mr. McNutt's acquisitian af access praperty. Matian carried unanimausly. Cauncil Bill No.. 5~ - Rezaning to. C-2 SR area at sautheast carner af 11th and Washingtan . was submitted and read the first time by council bill number and title anlY) there being no. cauncilmen present requesting it be read in full. Mrs. Beal maved secanded by Mr. Teague that the bill be ,read t~e secand time by cauncil bill number only) with unanimaus cansent af the Cauncil) and that enactment be cansidered at this time. Matian carried unanimausly and the bill wasread the secand time by cauncil Dill number anly. Mrs. Beal maved secanded by Mr. Teague that the bill be appraved and given final p~ssage. Rallcall vate.' : All cauncilmen present vating aye, the bill wasdeclared passed and numbered 16596. ~ ~3~ 8/14/72 - 4 ? Council ,Bill No.- 54.- Rezoning to R-2 SRarea south of 15th ,north of Amazon Canal, between Hayes and Grant, was ailimitted and read the first time by concH 'bill 'number and titl.e' only, there be no co.uncilman 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 16597. Council Bill No. 55 - Rezoning to R-l area east of Souza St.reet, west of BeltL:ine". Road, was submitted and read the first time by'council bill number and tit~le only, there bemgno 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 consentof 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 preesent voting aye, the bill was declared, passed and 'numbered '16598. , . .~ .;..~~~"".~6~ 2o~c}~~Bill No. 56 - Rezoning to C-2 PUD area on east side of Oak Street extending 450 feet to the s'outh from corner of 28th and Oak, 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 held pending PUD approval by Planning Commission. Motion carried unanimously. Council Bill No. 57 - Rezoning.~o R-2 PUD area south of'13th, west of Polk Street, was sub- mitted and read the first time by council bill number and title only, there being no councilmen present requesting it be read in full. Gordon Elliot, 1287 Irvington Drive, said Mr. Baitis had relinquished that portion of property in his ownership included in th~ rezoning request.when den$ityhe desired was not allowed. Mr. Elliot would like to go ahead with the R-2 PUD zoning on his ownership and asked approval of the requested zone for that portion. Manager suggested, since final passage of the ordinance. will. be held. anyway pending approval of plans for development of the property, that after Planning Commission consideration of the plans submitted, .i.f .only that portion belon,ging to Mr. Elliot is used., then the ordin9-llce 9an be changed accordingly upon.resubmission to the Council. ! Mrs. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill nurriber only, with unanimous consent of the Council, and held pending PUD approval by Plan- ning Commission. Motion carried unanimously. .. F. Rezoning Recommended for Denial - Planning Commission July 5, 1972 1. 4669.Royal Avenue, RA~~o C-l (Prime) Planning Commission July 11, 1972 2. East of Belt Lirie Road, south of Avalon and w'est of Echo Hollow Road, C-l to C-2(Murphy) 3. 120 feet south of 29th Avenue between Willamette and Portiand, RA' and R-3 to C-2 (Scott) 4. 1331 Washington Street, R-l to R-2 (Smith) 5. East of Grand Avenue, northwest of Sycamore Street, RA to R-2 (Youngblood) I 'Wi thO regard to Item 3 (29th' 'and Portland)' Ed Scott, realtor petitioning the rezoning, . and David Vinson, attorney, urged Council approval of the rezoning. They stated ,the property has no use as it is now zoned, other than for movement of cars into the adjacent , -car wash, "and cannot be sold at a price which would reflect its value unless commercially zoned. Archie Weinstein emphasized the purchase price of the property was $4.15 per square foot, but the property is landlocked. Manager noted .it could be used as a normal extension of the parking lot to the north. Jim Saul, Planning~ reviewed history of zoning on properties in this area," culminating in granting of hardship variances allowing tire storage for-the Mobil station and'drive- I way and parking for the car wash. However, riei ther variance included the property now being considered for C-2. In its consideration of the request, the Planning Commission felt the proposed development on this property could more appropriately be covered by a similar variance rather than rezoning. Councilman Williams ,asked if site review procedures would provide the necessary control on screening. Mr.' Saul replied it would, but the Commission is concerned more with the uae 9f the rroferty which aite reyiew vrocedures cannot control. ~3\o 8/14/72 - 5 ~ - -'~~."'~ \ In answer to Councilman Teague about Mr. Weinstein's proposed use of the property, Manager said it is ~s understanding a commercial structure is planned for the property in Mr. Weinstein's ownership with future commercial use planned for the property repre- sented by Mr. Scott. He said nothing specific has been presented for either property. . Further discussion on use. of the property for commercial purposes and zoning to fit the use resulted in motion by Mrs. Beal, seconded by Mr. Teague, to refer the request to a joint meeting of the Planning Commission and Council for discussion. Motion carried unanimously. Mrs. Beal moved seconded by Mr. Teague to uphold the Planning Commission recommendations and deny rezoning on Items 1, 2, 4 and 5 as listed above. Motion carried unanimously. G. Annexations Recommended for Approval - Planning Commission July 24, 1972. l. South of Crest Drive, west of Blanton Road (Davis and Miles) 2. Area on Calvin Street north of Harlow Road (William Kehoe) Res01ution No. 2089 - Transmitting to Boundary Commission request to annex area south of Crest Drive, west of Blanton Road, ~as submitted. Council previously viewed this area on tour. In answer to Mrs. Beal, Manager said the area was within the urban service boundary. . Mrs. Beal moved seconded by Mr. Teague to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye~ Resolution No. 2090 - Transmitting to Boundary Commission request to annex area on Calvin Street, north of Harlow Road, was submitted. Maps of the area were previously distribu;ted to Council members. In answer to Mrs. B~q.l.,;: Manager said the area is within the urban service boundary. Mrs. Beal moved seconded by Mr. Teague to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. H. Annexation Recommended for Denial - Planning Commission July 24, 1972 l. Southeast of Willamette Street at 52nd Avenue (Howard Nelson) I Annexation of this area would create an island immediately to its east, sewers are I not immediately available, and the property lies within 2000 feet of the ridge line area. Mrs. Beal moved seconded by Mr. Teague to uphold the Planning Commission recommendation . and deny the annexation request. Motion carried unanimously. III - Items Considered With One Motion Previously discussed at committee meetings on July 26 (rres'.Emt'~~'"!'Jci~:';o'J?A:qlerk~n; Council- I men Mohr, Beal, Teague, Williams, Campbell, and Bradshaw 5, ''AugUst'' 2 (P~esent: Mayor Anderson; Councilmen Mohr, McDonald, Teague, Williams, and CamPl?eII}, and August 9, 1972 (Present: Mayor Anderson; Councilmen Mohr, Beal, McDonald, Teague, and Bradshaw). Minutes of those meetings appear below printed in italics. A. Field Burning - Mrs. Beal said the only way to get attention when there is ,heavy smoke from field burning is to call it to the attention of the Department :of Environmental Quali ty. She moved seconded by Mr. Mohr that the staff send a ,letter immediately to L. B. Day, director of DEQ, expressing the concern of the (Mayor and Council for the inundation of smoke today. In making the motion Corom iMrs. Beal expressed the opinion that there is either too heavy burning for the 7/26/72 'atmosphere or there was miscalculation in wind direction. Morton=carr-i,ed \ / Approve ; unanimously. ----=-- -- ------... - ------- ~-- , B. 'Assessment poli cy - Mrs. Beal moved seconded by Mrs. Campbell that the City Council request the City Attorney to check applicable State laws (Bancroft law), . Ci ty Charter, and Ci ty ordinances governing street improvements to determine what ,action if any the City can take to change the present policy for assessing im- 'provements. In view of the amount of time it was felt this item would take, and with Mrs. Beal's oonsent, the following discussion and action took place after other business on the agenda was oompleted. ----- -. ._-~-~..~-_. ,--- --~--~~~--_.~--- __ ~T __ ___ ,.>.__ -------,- -~ ~ 37 8/14/72 - 6 ?.....- - ,.-- -"".'n~'''_~_'_ JI. --'-.. "~-~~ . .' - - - -- ,- . Mrs. ,Bea~ rea~ ~ statement setting forth her reasons for requesting the action' ~:~~~~t~ne;u~~~es of ~he footage method for allocating assessment costs and . 'I : the la~ lso ht e Counc~l tO,offset apparent inequities in any other way until ) ., c ang~d.< She, sa~d the 1lr:Jst visible are paving of alleys and streets : le~d~ng to new developments, where owners of single-family properties are - ; ~:;:~t1~ssha~: in ~os~ of ~ ilr}prove~~t of major benefit to mUltiPle-fa~~~ . th : ~nce, an use ~s ~ntens~f~ed, she said, it is time to look at e laws w~th the ~dea, as one alternative, of assessing by dwelling un't rather than on a fr t ' ~ " on - or square-foot bas~s. She wondered whether it is poss~ble to change the assessment method but still have advantage of B method of repayment. an cro ft ", Councilman Williams questioned whether only legalities would be - invol v~d and ,suggested directing staff to gather data, drawing in the attorney's offi ce , wi th regard to legal questi ons . Mr. Bradshaw commented that any type of in- formation to differentiate between legal and policy questions would be help- ful. Manager said policy questions which will be raised can be very complicated . and require a great deal of research. He suggested general discussion of ; policy questions, or direction for his office to start on the entire question ,and bring back to the Council when alternatives are more thoroughly developed, ,or perhaps appointment of a Council subcommittee to involve itself with re- ,search on some of the policy questions. Mayor Anderson favored research ;by staff prior to taking to the Attorney's office. Mrs. Beal wondered if a Charter amendment stating".. .assessment to be made according to benefi t recei ved. . ." rather than "... assessment based on front- or square-foot measurement..." could be proposed in order to take care of the legal complications in the November election, then complete the necessary re- . search and work out mechanics and policy question at leisure. Mrs. Campbell remarked on the number of senior citizens living in the South Willamette area which is in the process of being annexed who are concerned now about probable future assessments. She feels their minds would be eased somewhat if the Council could resolve some of these questions at this time. Mrs. Beal said she thinks it is very important these people know the Council is concerned, and if some action is taken now at least it will show serious effort is being made. Manager wondered whether it would be desirable to change the Charter wi thout having a set procedure to substitute for the present method of assessment. Mayor Anderson recommended appointment of a Council subcommittee to examine 'the assessment policy, saying it would be a lengthy, time consuming process in view of the many factors involved. Considerable dialogue followed on the merits of obtaining an opinion from the City Attorney, placing a Charter amend-' ment on the November ballot repealing the present method of assessment without I a specific substitute, appointment of a subcommittee to consider the question, etc. Councilman Mohr noted it is a Council member's prerogative to request a legal opinion at any time. Mrs. Beal said she was seeking Council re-enforce- ment, in view of the staff work load, to obtain an opinion promptly. . Les Swanson, assistant city attorney, said if the Charter reads that assess- - ment must be made on a square-footage basis, then it would have to be assessed that way. He said if the provision for method were removed, the Council would still have the power of assessing. It was understood he would give a written opinion to Council members. Mrs. Beal withdrew the motion. : Comm Mrs. Beal 1lr:Jved seconded by Mr. Mohr that the Mayor appoint a subcommittee of 7/26/72 the Council to work with staff in examining what action the City can take to Approve I change the present policies for assessing improvements in order to assess these improvements in a 1lr:Jre equitable manner. Motion carried unani1lr:Jusly. c.Report, Room Tax Allocation Committee ~ Copies of report were previously distributed: , to Council members. Funds were allocated to: ! Eugene Symphony Association $10,000.00 Group Hospitality Center 34,222.00 I Lane County Auditorium Association 5,532.24 I Eugene Junior Symphony Association 2,000.00 Emerald Empire Honor Olympic Band 1,000.00 . Eugene-University Wind Ensemble 525.00 Total funds available, including estimated 1'972-73 receipts, .amount to $180,653.39. Of that amount, $60,309.01 has been allocated. ' " ....---.., d3<g 8/14/72 - 7 \ Mrs. Beal questioned the large balance of unallocated funds, and asked how the 'Committee intended to use them. She also questioned the number of cultural organizations recei ving funds, saying there was no indication 'in the report of the number of requests for funds which were rejected. Glenn Cougill, chairman . of the Allocation Committee, said no requests for funds received to the date of ,the last meeting of the committee were rejected. He said a cumulative report could be prepared for Council members. Wi th regard to the unexpended funds, , he said the committee feels it wise to maintain a reserve in anticipation of heavy use in the future by the Auditorium Association. Mr. Bradshaw 1/Dved seconded by Mr. Mohr to approve the recommended allocations. I Mrs. Beal moved to amend the motion to gi ve approval pending receipt of cumulati ve report. It was understood the reports would be made available to Council members prior to the August 14 Council meeting. Mrs. Beal dropped the motion to amend. Comm 7/26/72 VO~~ was take~~~ _t_h.~o_~!-51j._~al:._ ~~iqn ~s_ stCi~~.., . Motion carried un_anilr!?us}.}l._____j!pprove 11 p~~nnina COgyni-ssionRADort - July 10 ,1972 '<. A ey Vacat~ons Recommended for Approval (July 10, 1972) 1. Between Pearl and High from 11th running one-half block north (Benjandn Franklin Savings & Loan) - Hearing set at previous Council meeting for i August 14, 1972. i 2. Between East 22nd and 23rd from Patterson to east one-half block (YMCA) 'I" Easement Vacation Recommended for Approval (July 10, 1972) I. i }ii East of Augusta Street between 20th and 28th (Weaver) 1 . Council members viewed the areas on tour. It was understood information would be made available at the time of public hearing August 14 on vacation of the alley north from 11th between Pearl and High with regard to proposed traffic 1/Dvement should the alley be vacated. Comm i Mr. Mohr 1/Dved seconded by Mrs. Beal to hold public hearings on the Planning 7/26/72 Approve -----.fo~~e_l:.9!2__r!!~ffi!1l53!ldati ons . Motion ~ar~~e~_~~~~.~~sly~ .-.....-------... Councilman Teague asked referring to Item D-2 if YMCA has indicated its desire to proceed with vacation of the alley between 22nd and 23rd from Patterson east in view of District 4J. School Board's denial of the Y's request to construct an apartment complex on the property In question. Manager said contact will be made with the YMCA to see if they wish to ~roceed with the vacation. I E. ,Appeal, Southridge PUD - Appeal was received from Jean Smith (Mrs. Richard J.), 5290 Saratoga Street, from the Planning Commission approval of preliminary plan I :for Phase One of Southridge planned unit development (west of South Willamette ;north of 52nd Avenue). Manager suggested scheduling the appeal for hearing at a meeting other than the regular Council meeting August 14 because of the num- ber of other items on the agenda. . ,Mr. Mohr 1/Dved seconded by Mr. Williams to schedule the appeal for hearing on Monday, August 7, 1972, pending receipt of opinion from the City Attorney that , the council is required to hear the appeal. I Mr. Swanson, Ci ty Attorney's office, said an opinion would be forthcondng be- fore the end of the week, and it was understood the hearing would not be held should the opinion so indicate. Comm 7/26/72 Vote was taken on the motion as stated. Motion carried unani1/Dusly. Approve F.P1an Review, Club and Coburg Road Intersection - Manager explained that State ',owns a small triangular piece of land at the southwest corner of Club and Co- ,burg Road intersection. The City has asked dedication of that land to enable jconstruction of a safer intersection. State has not been willing to dedicate jbecause of potential value as commercial land. Park Department has worked out ;a landscape design for the area (schematic plan shown Council) including linkage :with a bicycle path on the north side of the River. Council approval of the :plan is requested with the idea of approaching State for dedication of the 'property for park purposes, at the same time enabling improvement of the inter- section. No funds are available for the project at this time; approval of the . :p1an will perndt continued negotiation with State. In answer to Mr. Williams, ,Manager said there would be no problem for bicyclists traveling from the proposed 'landscaped area down to the bicycle path on the River bank. Comm Mr. Teague moved seconded by Mrs. Beal to approve the plan as presented. , Motion 7/26/72 ca~~ie!Lunani1l1Ql.!sly._ __ ___ -- -~ - ---~- ~~--- -- -- --... --, -- . - -- ~...,_.-~ -.----- Approve ~:a" 8/14/72 - 8 G. (Amendment Open Space Contract, Riverfront Property - original agreement with HUD on purchase of this property for open space included property now used for the Washington-Jefferson bridge right-of-way. The amendment would delete that land from the contract. Comm - Mr. Mohr moved seconded by Mrs. Bea1 to approve the amendment. Motion carried 7/26/72 . unanimously. Approve H. Improvement peti tion - Paving 18th from Bailey Hill R~ad west 1050 f~et. . Peti- tioned by owners of 50% of abutting property (north s~de). School D~str~ct 4J, :owners of the other 50% (south side),do not have funds budgeted for the project but agree that it should be done. Staff recommends acceptance. Comm Mrs. Bea1 moved seconded by Mr. Mohr to accept the petition. Motion carried 7/26/72 unanimously. Approve Consolidation of Election Dates - Manager suggested an effort be maGe to work I. :with other local governmental agencies in an attempt to combine next year's lelections so that they may be held on the same day, using the same polling . places. . ;Mr. Teague moved seconded by Mr. Williams to direct. the st~ff to work with Comm school districts and other local agencies to consol~date t~mes and places of 8/2/72 elections. Motion carried unanimously. Approve .. . .' ".~ . .., J. Public Hearing on Appeal, Southridge PUD - Lack of Council quorum cancelled . the scheduled August 7, 1972 public hearing of appeal from Planning Commission approval of Phase I of Southridge PUD. ,Mr. Teague moved seconded by Mr. Bradshaw to reschedule the hearing for regular Comm Council meeting August 28, 1972, and at the same time hear an appeal on the 8/9/72 BALSM PUD should it be submitted. Motion carried unanimously. Approve K. Temmporary Office Buildings I Alder at 17th, university of Oregon - Conditional use permit has been granted by the Planning comndssion for two temporary portable buildings to be used for staff offices by the university of Oregon. Council is requested to permit use of temporary buildings in conjunction with the two-year conditional use. Staff has no objection so long as the buildings are connected to utilities in a proper manner. i COII11ll Mr. Bradshaw moved seconded by Mrs. Beal to approve use of the temporary build-' 8/9/72 ings for a period of two years. Motion carried unanimous'ly. Approve I L.Bu.dget' Election, July 25,. T972 - Defeat of the measure to exceed the 6% limitation by $2,264,627 was noted and general discussion on time element to be considered in calling another election, whether to try for one in conjunction with one of the school district budget elections or to hold another separate City election. Staff .- feels the alternative of working within the 6% limitation would have a crippling effect upon existing services, since it would mean a reduction of about $1,600,000 in total dollars available from last year's operation Councilman Mohr suggested holding off until September wi th the idea of voters' being home from vacations, etc. Finance Director said the deadline for certifica- tion of tax levy with the Assessor's office is September 5. He explained combina- I tions of polling places should an election be held in conjunction with School .District 52 or 4J (August 15 or 29). Councilman Williams suggested holding the I City election on the 29th with School District 4J if it is found District 4J operates under the same certification laws. Mrs. Beal said she hopes the budget process in the future could be started earlier so elections could be held before summer vacations start. Mayor Anderson said he felt the whole question should be explored in depth before any attempt to combine elections with school district because of the confusion to voters in the change of traditional City polling places. One possibility would be holding all elections on one day in each month. He suggested setting an election date as quickly as possible to enable calling a fourth election, should it be necessary, prior to the deadline for certification with the Assessor's office. :Some discussion followed on whether to set a new election date before or after a . 'meeting of the budget commi ttee to determine the amount exceeding the 1imi tation to present to the voters. It was agreed a special Council meeting would be held :at City Hall immediately following this meeting at which time an election date ;would be set, as well as a date for meeting of the budget comndttee. It was understood waiver of notification of special meeting would be signed by Council members. I a"-fo 8/14/72 - 9 \ -- - - -- - -._-- Mrs. Campbell suggested making a community atti tude survey to dete~mine, factors -"~fu?' keeping voters away from the polls on City elections. Mr. Mohr sal.d thl.s was CQfiMf' mentioned as a project for the university class which ,surveyed mall uses, and 7/26~72 they may be interested in undertakingsuqh a study thl.s fall. Aff2rm . M. Behavorl.a.L c;onauct, Downtown Mall - Councilman Teague asked for a report :txom staff with regard to complaints on conduct in the downtown mall. He wante~ to know what can be done legally by the Council to stop unacceptable behavl.or. Manager said the proposed mall ordinance is substantially the same as the . existing rules and regulations and there is very little limitation on behavl.or Comm 'except as it affects the mall facili ties. It was understood a report would 7/?.~(72 be brought to the Council. Aff2rm N. Traffic Congestion - Councilman Teague asked staff to schedu1~ some future _ Comm time for discussion of traffic on Franklin, West 11th, the brl.dges, 6th and 7/26/72 . 7th,_ to }.)r~11.<J. the COlJ!lc:~~up_ t? ..d,:te ,on,. t.h~_Eres~_1?t:_s~atus d!!~t .flltu.:f? _PJ.Wl~. Affirm o. Santa Clara Sanitary Sewer District - Boundary Commission Wl.ll conside, at its August 3 meeting a petition for creation of a sanitary sewer district in the Santa Clara area. Manager' distributed copies of a memo to Council members giving staff position on the proposal, raising some questions and suggesting alternatives. He said if it is agreeable with Council the memo would be for- warded to the Boundary COnmUssion, indicating it is a staff memo and not the Ci ty' s offi cial stand. Then the Council would have the opportuni ty for dis- i cussion before an official statement is submitted. A final decision by the . ~ 'Boundary COnmUssion probably will not be made until its October meeting. It . Comm . ,was agreed the matter would be brought back for further discussion, and that 8/2(72 h d C ' , d d Aff2rm the meIlO wO!lld beJ9xward.ed to t__e Boun ~ry ._.omnus~l.ol}__.<3.s rec:o~n ..l:! _:...___.__~_ . . , P. Absence, CouncilmaIiMOhr - It was understood CoUncilman Mohr would be excused 8/;~r:;; from Council meetings on August 14 and 28, 1972. Affirm Q.Capital Projects, November 1972 Ballot - Manager distributed to Council members copies of a 11/ellK.) (7/26/72) with a list of 5-year capital project needs to be con- sidered in putting together a capital program ballot measure for the November election. He explained in detail the items listed and priorities as they relate : ito public safety and avoidance of increased operating costs. The list was sum- Imarized to show the impact of combined bond issue and serial levy in terms of itotal borrowing, total annual levy, and effect on property tax, using inflation jfactors and increased valuation as can be projected based on past experience. liThe aUditorium/convention center was not given a priority since it has already :been decided that a $5.5 million bond issue will be submitted to the voters, and , I ;a discussion on that project is scheduled for commi ttee meeting August 9. Others I :listed in their order of priority were fire department buildings and equipment, corrections facility, arterial streets and overlays, park acquisition and develop- ment, neighborhood renewal, library expansion, low-income housing, street lighting, a _airport, and maintenance yard. There is an August 28 deadline for deciding how - ,the program will be submitted for the November election. 'In answer to Councilman McDonald, Manager said no land has been acquired for fire I station sites, and that under a serial levy options can be taken on land purchases for park purposes and exercised as llK.)ney is brought in over a period of time. Mrs. Campbell asked if amounts were included for operating costs and added person- nel. Manager replied that the operating costs for the fire stations and Library expansion were inc1 uded and that the other major capi tal items will have no need for addi tional operating costs or personnel. And lower maintenance costs on new facilities would offset costs of needed personnel for those facilities. With re- gard to the Ridge Line Park, Manager told Mrs. Campbell a figure was included, even though there is no solid proposal for such a park, as something which should be anticipated. Discussion turned to low-income housing and the City's position with regard to financing subsidized housing and construction of new low-income rentals. Mr.Williams ;remarked on the Joint Housing Committee's concern with dispersal of this type hous- I . , ;ing throughout the City and difficulty in obtaining funds from HUD for leasing exist- :ing rentals. Manager also commented on difficulty housing authorities are having . ;iin obtaining appropriated funds held back by the Office of Management and Budget. )Councilman Mohr asked if a comparison was made between tax rates resulting from :bond issues and serial levies. Finance Director said interest would increase bond :issue costs 45% over serial levy costs, but there is the advantage of having a lump sum avapab!:~~t:__()11..~.!=.!:me. .-. .-.t.,- _.~. __..~___~_____._.._____.__~.~___~ .________ _ ___________-'_ ,;J 41 8/14/72 _ 7n Councilman Williams commented on addition of fire stations and equipment necessary to keep the City's present fire rating, and the possibility of increased fire in- surance rates should that fire rating not be maintained. He asked if it is true that City property owners are being asked to pay about $19 per year more in taxes to avoid a $2.15 increase in insurance premiums. Fire Chief replied that the - greatest advantage in the lower fire rating goes to industrial and large commercial . installations, but that fi gures woul d be checked and a report brought back. Discussion touched on minor amount of revenue produced by the auditorium for bond retirement. After discussion on whether a public hearing is desired on the projects presented before a program is decided upon for presentation to the vote.rs, it was agreed that a hearing to' provide an opportunity for public comment on the 5-year projects list as presented would be held at the August 14 Council meeting. The list would be brought back for discussion at the commi ttee meeting on August 16, and any amendments Comm based on comments resulting from the hearing would be made and then brought back for 8/2~'~2 final Council decision at the August 28 meeting. . Aff~rm R. Mall Regulations - counciimanTeague referred to Manageri s memo on mall -Jje- havioral problems previously distributed to Council members and draft of proposed ordinance covering mall regulations. He asked staff to bring back Comm recommendations with the proposed mall regulation ordinance which would help 8/9/72 in correcting the problems. Affirm S. Collective Bargaining - At the request of Councilman McDonald, Manager ex- . plained the intent of his August 8 memorandum mailed to Council members with regard to proposed amendments to the Charter and City Code. Council was asked to postpone discussion of the amendments and consider their submission at an election later than that in November to avoid the issue's being lost among others on the ballot and to give opportunity for alternative suggestions. Patrick Flynn, speaking for the Fire Fighters, said they have material for Council members with regard to the proposed legislation and favored further discussion of the issue prior to Council action. He noted a recent policy change whereby discussion on any proposed collective bargaining legislation will undergo a 60-day period prior to presentation to the Council. It was understood the matter would be brought back at a later date and that it would not be a part of the November general election. Mayor Anderson told Comm Mr. Flynn that the Council is always willing to talk about collective bargain- 8/9/72 ing, but it is not willing to discuss bargainable issues. Affirm I T,Capital Projects Ballot Measure (Housing, Auditorium, Corrections Facility) -' \ Betty Niven, chairman of the Joint Housing Committee, commented on the priority i rating of a $450,000 serial levy to finance low-income housing in the City in- , I I . cluded in a capital expenditures program to be considered for submiss~on to the : ~.' voters in November. She distributed copies of a memorandum to Council members listing the purposes for which the levy would be used and why it is needed, and explained in detail,why the item should be among those presented for voter ap- proval. She said the Ci ty must make some contribution because of the numbers of people who are spending too much of their income for housing. Mrs. Niven also commented on a statement in the Lane County Auditorium Association brochure distributed to audiences at its summer production" 1776." She said the objectionable wording suggested property will be removed from the tax rolls and asked that the Auditorium Association have the sentence referred to blacked out. In answer to Mrs. Beal, Mrs. Niven explained procedure for using Federal funds . to acquire land when it is available at a reasonable price for resale to developers, ,thereby making it possible to disperse low- and middle-income housing throughout :the City. An arbitrary figure of $1000 per unit for 450 units for land costs was' chosen to determine an amount -to put before the voters.' In answer to . Councilman Teague, Mrs. Niven said all land purchases would be approved by the ,Council if the levy is approved and money is available. Councilman McDonald said he feels householders would be in a better position were they to purchase homes rather than renting. Mrs. Niven answered that that would be more desirable but } that money is not available to people in those income brackets to purchase homes. . ,Mayor Anderson said the proposal should be considered in light of whether the City should actively participate in providing low- and middle-income housing, since Federal programs do not fill the need. The program should be considered, he said, as fulfillment of the City's objective when a housing resolution was ,adopted some years back. ) d~J 8/14/72 - 11 '\ Manager explained that the $5.5 million bond'i:;;s,ue'for the au'ditorium/convention center was incl uded in the list of capi tal projects' to show its, effect in re1atio,n to other projects. It was not intended that a priori ty be assigned since sub-, mission of that bond issue ,at the November election has already been authorized . by the Council. ree Bishop, Lane County Auditorium Association, referred to Mrs. Niven's comments Ion the Auditorium brochu:.'e and its reference to subsidized housing, saying the intent of the statement was merely to call attention to the fact that property on which the Auditorium is intended to be constructed may be considered for other uses should the bond issue not be approved. He said the entire brochure has :been withdrawn from c.irGulation. Mr. Bishop distributed ~~j read to Council members two letters from the Association, :and announced a public hearing to be h~ld in Eugene on September 8 in connection with grant being sought by the Association from the Economic Development Administra- tion. He commented on the letters - one, requesting that the Council prior to the 'November election issue d statement pledging Audi tori um profi ts and excess room tax proceeds to retirement of the Auditorium bonds, with the idea that such a 'statement would have substantial meaning to the voters. The other letter re- 'quested that the Auditorium bond issue be placed on the November ballot as a measure separate from whatever capital projects are submitted, and that the Auditorium Association assist in writing the title for the ballot measure for the Auditorium bond issue. . Councilman McDonald with Mr. Teague's concurrence favored listing the Auditorium bond issue as a separate item on the ballot, saying the Association will promote the measure and should have the Council's support. Mayor Anderson urged the Council's determination of priorities, taking into consideration all of the ci ty' scapi tal improvement needs, before deci ding how any of the issues will be presented on the ballot. He said he is concerned that the capital fund program be a total one that can be put on the ballot with the idea that the projects are urgent and can be justified economically and socially. Tex Williamson, 2778 Friendly Street, asked who would benefit from the construc- tion of an auditorium/convention center and said it would be of no use but would raise taxes. Discussion followed wi th several councilmen expressing opinions on added employment, tourist attraction, etc., that would be generated, and that the purpose of putting it on the ballot was to gain voter opinion. I It was generally agreed that the total list of improvement projects, amounting to some $31,000,000, could not be sent to the voters, and that some deletions would have to be made and priorities listed. Mr. Mohr asked about insurance rates as they are affected by fire station con- structi on. Manager said it is very difficult to evaluate and compare savings . because there is no way of knowing the number of insured properties in the City and beCause they are individually rated. General ratings indicate a considerable quantity of insurance, and changing Class 3 rating to Class 4 would entail a con- siderable ,dollar value. j Councilman Mohr commented on the $1.5 million bond issue listed for corrections facility and said he feels a corrections program cannot be prepared in time to present a coherent program by November. He would favor deleting this item so as ,to have a more defini ti ve program to gi ve to the people before asking for money. t, :Manager said the program recommended by SUA report which would include a hOldin,fJ. :process and provide a detoxification center, alcoholic treatment, work releaSe , 'program, separation of inmates acc;ording to seriousness of offense, etc., gives': a general configuration of the facility needed. The only uncertain part is' its, . financing. Assistant Manager said there is no significant change in terms of, ," ,space demands from Statewide corrections recommendations, and any eXCLusion of' 'physical plant changes from the Council's commitment would seriously hamper 'corrections prQgr~ in the communi ty. 11,ayo,r Anderson said therf? i_~.l1_ee!!: ~C!r c,--- assurance from the voters that the program has their support before general needs outlined by the SUA report can be implemented. Mr. Mohr said his feeling is that the City would be committing itself to municipal service to be used by other 'agencies in that the major part of the jail services are for holding for County , or State agencies. He would favor a corrections facili ty defined in terms of ,City services, rather than a regional facility operated and paid for by the City. 'Mrs. Beal felt the item should be retained, since it is evident, she said, that something must be done. Manager commented that the City does have responsibility for the jail operation at present and there is no way of shifting that responsibility. Manager suggested devoting the entire committee meeting August 16 to discussion of. th~_ capital prC!.j~ct~~~ith__th.~ idea of official1y adopting a progra~at .!..he ~~--- --- ~ _ _.____~__ - __ r___.___ '. _. .. . . ~43 8/14/72 - 12 ~ "'" 'I' August 28 Council meeting. Council members agreed w1th Mayor Anderson'ssug- gestion that a Couneil subcommittee review the list of capital projects with staff and bring recommendations to the Council on deletions. He appointed Council- (man Mohr as chairman to serve wi th Mrs. Beal and Mr. Teague. It was understood - 'the recommendations brought back should incl ude total amount of capi tal program . )to be submitted to the voters, priorities, and manner in which the issues are to ;be presented. ~.=-' Mr. McDonald moved seconded by Mr. Teague that the Council approve a separate :measure for the Auditorium bond issue on the November ballot. ! Mayor Anderson recommended no action on manner of presentation, saying announce- :ment of a decision on anyone measure at this point would appear to place 'greater ,importance on that item than on others to be considered. Councilmen ,Mohr an~ Bradshaw concurred, saying it would be unfair to give weight to one ~tem unt~l every capital project item is considered. Mr. McDonald withdrew his motion. Comm It was understood public testimony would be heard at the August 14 Council meeting, 'a/9/72 subcommi ttee to meet thereafter to consider recommendations upon which to base a Affirm decision by the entire Council at its August 28 meeting. U. Highway 126 Project' - Councilman Mohr asked the Manager' to review 'the status of Highway 126 route alignment, referring to a recent article on the subject in the Register-Guard. With the consent of Mr. Mohr, the following discus- sion took place after other business on the agenda was completed. I 'Manager explained that the City traffic, planning, and public works staffs e 1 in the next few months will meet with State Highway Department engineering ; and traffic staffs to develop feasible alternative alignments to meet traffic ; needs, taking into account construction and planning problems. These alterna- tives., based on feasibility from traffic standpoint, will be presented to the ,Highway Department after an environmental impact team has been formed. That ; team will welcome help from a local environmental impact team and their work- ,ing relationship will be worked out by State and City people. Of 88 State projects requiring impact studies ,about one-half will require i full blown complete efforts. There is no set of priorities other than that those projects already under contract will be taken first for impact studies. Those requiring impact statements but not yet under contract (which category I , includes Highway 126) will get next attention. There has been no shifting of priority with regard to Highway 126 and State will make every effort to make the studies and give equal consideration to this project. Manager said \ his office will stay in touch with State Highway officials and try to keep track of the time schedule for the impact studies. At the request of Mrs. Beal, Manager said he would prepare for distribution '. to the Council a written statement of Highway 126 project status as presented. In response to question from Ed Kenyon, Register-Guard reporter, as to why, ,if there is no change in the State's schedule, the project is discussed, CouncilllJan Mohr said he interpreted from the news arti cle that City administra-. ,tion' was making an effort to move the project up on the State's priority list, Comm 'and such is not the case. The City is keeping in contact with State Highway 7/26/72 officials to see that alternatives are presented when the State environmental , team is readl.l to make an imoact studl.l. File . - ,-. ,. - I ''''"v:'- RePresentative, UniversTty of Oregon'Student Body - Letter was presented from Comm . Cliff Zukin, president of MUO Senate, introducing Fred Wasson as representative 7/26/72 and spokesman for the MUO at Council meetings. File W. Distribution ~"J;rLette;f:,from Mass Transit Division, State Department of Transportation, with , ~;;regard to feasibility of consolidating school and transit bus systems. :2. Minutes of Citizen Participation Meeting held July 17, 1972 in the Danebo I nei gborhood. Comm ~:.3. Letter addressed to the Parks Director from Phyllis Ford expressing apprecia- 7/26/72 / tionfor recreation programs at Celeste Campbell Center. File . X. Auditorium Brochure -Councilman Williams objected to wording included in a , I brochure distributed by the Auditorium Association at its summer production "1776" which states: "... If the Eugene auditorium/convention center is not built, all of us will lose a great deal. Subsidized housing will probably be built on this site...." ;)~r 8/14/72 - 13 .. Mr. Williams said he was not pleased when such quasi-public agencies "thI'O~ rocks" when the City has officially endorsed public housing for the commun~t:y. i Comm It: was underst:ood the Association would be contacted as to why that particular I 8/2~72 . language was used in att:empting to sell the auditorium program. F~le 4It ,Y.:Noise, Downtown Mall - Councilman Williams reported excessive noi~e resulting , from use of amplifiers for a concert in the downtown mall. He ~a~d the co~cert:, Corom 'was at noon, and he asked if t:he amplification level could be .1J.1Tll ted, say~ng 8/2/72 the same level of noise experienced in an industry would be c~ ted as unsafe. File It was understood theinciqi?!lt. "'1ou)..d lJeiI:we_s,ttgate_d. _ .. _ _ .~~~_...-........._,..,-.. '-_T'" . ....." ~ '.~ ...._ .~_ _ ....,..-."...;., ._ Z. Dist:r~but~on___ '. 1. Memo addressed to City Council from Manager re: Status H~ghway 126 ProJect. 2. Cumulative report on Transient Room Tax Fund for years 1969-70 through ____ 19.72-73, showiz:.g rece~!'ts___~nd al~_~c:.a~_i~n sfnce the b~ginni_ng o.f th~ ~und. 8/~/n;; File AA.Hearing Procedure, Southridge Appeal - Councilman Mohr suggested prepara J.on of an outline of contested issues in the appeal on prelimina1l] approval of Phase I of the Southridge PUD so that public test:imony already on record could be condensed. Then at: beginning of the hearing those present could be informed that only statements disagreeing with statements in the summary would be heard. Planning Director said the appeal did not: specify any of the findings which the appellant: alleges t:he Planning Commission did not make. I The appeal is based on a general statement: that the Planning Commission did not Corom - , meet: the criteria of the ordinance governing PUDs. So it would not be possible 8/2(72 . for t:he ,st:af! t:o make~.respons~ prior t:o t:he hearing. ----J F~le BB.Slide Presentation, Historic Buildings - Professor Philip Dole of t:he Universit:y of Oregon explained the sampling of pictures of buildings in Eugene deemed to be ,of historic value. He said the majority are in threatened posit:ion because t:here is no recognition by the City or any other public agency of value other than that, , 'attached to the land for commercial or right-of-way use. He suggested possibility: ,of impact studies which might result in moving rights-of-way rather than buildings. :Slides of a selection of old buildings were shown - one set showing buildings :scattered t:hroughout t:he Cit:y, the other focusing on those on the east side of ,Skinners Butte. He said "enemies" of the historic structures are highways, zoning, byi.~EirHL~~e~LAgno~ap.!;~..~_tQ__<;c!.I]~J;.r.UE~~_I?~C?f e.iJ.!~_'l_ bl1:i}d,in5(s. . In response to Mayor Anderson, Mr. Dole said he is serving as chairman of the I Lane County Historic Preservation Committee, ~~d is working on the State com- mittee to examine inventories of those buildings submitted for recognition as I ,National landmarks. Mayor Anderson suggested preparation of a set of guidelines or standards which may be used by governmental agencies when considering balances ;between preservation of older buildings and greater utilization and economics of . the land on which they are located. Mr. Dole said an interest in such buildings, . is t:he necessary ingredient for their preservat:ion. Guidelines and standards : . . have a tendency to present choices which may become undesirable. An overall en- - 'vironmental study, he said, taking into account the buildings themselves, views, ilandscapes~ etc., should be undertaken when considering changes. I i Magor Anderson expressed appreciation for the presentation and suggested that a c,/mm start, at least, could be made in considering the buildings on an individual 8/2,72 'basis if there was some type.!?! inventory at hand whe12-decisions are _!o b.e _.~a,!~....: F~le I__.__,,~-- ______..._~____.-- CC. Vacation, Alley between Pearl and High from 11th north, Benjamin Franklin Savings & Loan - Public hearing is scheduled for Council meeting, August 14,1972. Through misunderstanding Bob Hazen of Benjamin Franklin Savings & Loan traveled 'from Portland with the idea the vacation would be discussed at today's committee Comm meeting. He was given time to present a plot plan of the property on which the 8/9/72 fi.~m' s ne_w. bu4~<!'j.ng is to be built. . ' .' File .. " - '. . T . . - ... .-. "_ ._. . 'V,---- DD.~Interim Density Plan Reporting - Councilman Mohr reported the first meet:ing of the committee with staff, Lane County, and School District. He said a procedure; Corom is underway ~nd it is felt objective reporting can be accomplished within the 8/9/22 l8-month per~od set out in t:he Planning Commission stipulations with regard to File a Rid~e ~~!le..Park proposal. . ,.-"~ .-. '--.. '-', .. '---'.- -, -...... ''', '-' . Mrs. Beal moved seconded by Mr. Teague that Items A th~oug? DD be approved~'. affirmed, and filed as noted. Rollcall vote. Motion carried, all councllmen present votlng aye. ;;J. 4S 8/14/72 - 14 [I" ------ -.... .. TV '""" ItemS Not. PreviouslY' DlsCUS"Sed A. Proposed Agreement) Earl Green re: Sewer capacity to property on Centennial Boulevard just east of Masonic Lodge - Mr. Green proposes development of property on Centennial Boulevard recently annexed to . the City, and extension of sewer under the freeway to connect to the trunk on Sorrel Way. Capacity of that sewer is limited to 15 galilions per minute, and Mr. Green has if"""' asked for an agreement with the City that if he proceeds to develop that sewer line he will be given the right to use the entire 15 gallon capacity with the provision that if he doesn't exercise that right the agreement will be void. Manager noted question of whether this policy would be desirable since it would be removing the possibility for anyone else to take advantage of capacity in that sewer. He said staff does not object and it was understood at the time of annexation that Mr. Green would construct the sewer at his own expense, so it would seem he should have some protection. Councilman Williama asked if there are anr other private sewer lines in the City con- p-E;ctE:;d to ... ~ub.l~c lin~s.~... .l?J.lb.J:i,.c. ~OJ:lk:~ Di,pE;ctoP-J:lE;plied'tE~p..Ei; ot-h.er pr~x,~i-e:,sewe'r_?:lines UilcIer~agrieeinents-"pr6~ec::~?rg'ctIie' city-c in thai - connectiorl<<-mUst . D~-~o'mp'iete<fwh~I;' 'per~anent sewer lines are construbtgd, and assesSments can then be made against the properties. o..~ -.::; B. Mobile Office for Bank of Pacific, 13th and Patterson Request for temporary facility during construction of permanent building. Approval recommended subject to proper installation and utility connections. C. Segregation of Assessment - Park Manor Medical, Richard N. Getty to separate property on McLean Boulevard. Amount assessed against portion to be separated of $781.57 has . been paid leaving a balance of $257.45. Staff recommended approval. n:Sale"City~wnedpt>6pet>tyat-s01:i-thw-est'corner-D6Iialdartd-F6Xf16ll6w requested for portion of BALSM PUD. This is narrow strip of property acquired for right-of-way (500'x50' widening to 90') of Donald and Fox Hollow intersection, and is included in BALSM pXanned unit development approved by the Planning Commission and now awaiting possible appeal before the Council. Proposed sale price is $6,250 based upCn value of land to the de- veloper in his ability to arrive at number of units in the development. Inclusion of this property will allow five additional units. City has something like $5,844.30 in- vested in the property, which cannot be developed by itself. E. Class B Dispenser's Liquor License (New) - Feed Mill Restaurant in The Granary Build- ing at 259. East 5th Avenue (partnership). OLCe and staff investigations indicate no objections. Otto-Potichacitedthe need for good restaurants ih the City and said that a liquor license is a requisite for a good restaurant. Mrs. Beal moved seconded by Mr. Teague to approve Items IV-A through IV-E. Rollcall vote. , All councilmen present voting aye, motion carried. V - ORDINANCES . Council Bill No. 58 - Calling hearing September 25, 1972 re: Vacation alley between 22nd ~ - and 23rd from Patterson east (YMCA), 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 I vote. All councilmen present voting aye,the bill was declared passed and numbered 16599. Council Bill No. 59 - Calling hearing September 25, 1972 re: Vacation easement east of Augusta Street between 20th and 28th (Weaver) was submitted and read the first time by council liill number. and title only, th.ere being no councilman present .-requesting that it be read in full. Mrs. Beal moved seconded by Mr. ~ague 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. Roll- I call vote. All councilmen present voti~g aye the bill was declared passed and numbered 16600. Council Bill No. 60 - Paving 18th Avenue from Bailey Hill Road to 1050 feet west was sub- mitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Teague that the bill be read the second time.by council ~ill.num- b onlr with unanimous consent of the Council, and that enactment be consldered at thls tlme. er , . . b . 11 rob. 1 J:1otion carrie'd unanimously and the bill was ~4.he secohd tlme by councJ.:l l nu er on y. " . . . . - \d. 8/14/72 - 15 ~ \ 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 16601. Council Bill No. 61 - Adopting plans and specifications for paving 18th Avenue from Bailey . Hill Road to 1050 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 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 ohly. 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 16602. Council Bill No. 62 - Construction of storm sewer on 18th Avenue from Bailey Hill Road to' 1050 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 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 16603. \ Council Bill No. 53 - Adopting plans and specifications for const~uction of storm sewer on . 18th Avenue from Bailey Hill Road to 1050 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 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 15604. Council Bill No. 64 - Construction of storm sewer within Replat of Shasta Gardens was sub- mitted and read the first time by council bill nuWber.and title only, there being no councilman present requesting that it be read in full. I 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 tt- vote. All councilmen present voting aye, the bill was declared passed and numbered 15505. Council Bill No. 65 - Adopting plans and specifications for construction of storm sewer within Replat of Shasta Gardens 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 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' vot e . All councilmen present voting aye, the bill was declared passed and numbered 15605. VI - RESOLUTIONS Resolution No. 2091 - Authorizing amendment ORE OSA-5(G), Open Space Grant - Deleting Washington/Jefferson right-of-way from contract, was submitted. Mrs. Beal moved seconded by Mr. Teague to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. " Resolution No. 2092 - Authorizing application to State and Federal for participation in signals and widening Amazon Parkway, 29th to Hilyard, and 30th, Hilyard to east of Alder, was submitted. Public Works Director explained the scope of the project and said this resolution authorizes City to request State to provide funds and allow participation in preparing environmental impact studies, etc. Mrs. Campbell questioned whether this has a higher pr~ority.~hanthe 29th and ~ t.J.l 8/14/72 r Willamette intersection. Public Works Director replied that it has. However, this project has been worked .out. under the TOPICS program so that.. applicat.ion can be made for. Federal..funds. The 29th and Willamette intersection, he said, will be budgeted totally at City expense. Mrs. Beal moved seconded by Mr. Teague to adopt the resolution. Rollcall vote. Motion carri~d, - all councilmen present voting aye. . Resolution No. 2093 - Calling hearing August 28, 1972 re: Withdrawing from Oakway Water District the Miles/Bendix property annexed to the City, was submitted. ... Mrs. Beal moved seconded by Mr. Teague to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. . . . , .-. Resolution No. 2094 - Authorizing payment of bills, claims, and progress payments for period July 24. through August 14, 1972, was suqmitted. ,.. 0_'. .- Mrs. Beal moved seconded by Mr. Teague to' adopt the resolution. Rollcall vote. -All councilmen present voting aye, motion carried. Upon rrotion duly made, seconded, and carried, the meeting was adjourned to Monday,. August 28, 1972. ~/)t. . Hugh McKinley .City Manager I ~. I - .. " ayr