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HomeMy WebLinkAbout10/24/1972 Meeting : Eugene, Oregon Council Chamber OctQber 24, 1972 Adjourned meeting of the Common Council of the city of Eugene, Oregon -adjourned from the meet- . ing held October 9, 1972 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. 4It on October 24, 1972 in the Council Chamber with the following councilmen present: Mr. Mohr, Mrs. Beal, Messrs. McDonald, Teague, Williams, Hershner, Mrs. Campbell, and Mr. Bradshaw. I - United Nations Observance Mayor Anderson presented Barbara Newton, chairman of the United Nations observance, with a proclamation declaring October 24 as United Nations Day. Mrs. Newton responded with a read- ing, introduced others working on the observance, and told of co-operation of the downtown and Valley River merchants in making space available for United Nations displays. -",. II - Public Hearfngs':~ j":" A. Report, Council/Human Rights Subcommittee re: Liquor License Affidavit j - Copi.es of r th.::r subcotnmit,tee'~ report were previously distributed.to COuncil members with re- ,} : gard to Human Rights commission request for Council adoption of resolution requir- :\ . ing affidavits from non-profit private organizations disavowing discriminatorYl .- practices. The affidavit would be a requirement for Council's favorable -:ecommenda-\ tion to the Oregon Liquor Control Commission for issuance or renewal of l~quor . licenses. The subcommi ttee' s conclusion was that legal tools available at this \' ~time are not satisfactory to deny liquor licenses because of discrimination on the t basis of race in membership and serving p-:acti ce~ of pri va~e c~ ~s . . In drawing I this conclusion, the subcommittee stated ~ts bel~ef that d~scr~nunat~on on the. ! basis of race, creed, or sex is offensive, and they strongly urged elimination .' of discriminatory clauses from pri vate clubs' consti tutional requirements. . 'Councilman Williams, chairman of the subcommittee, said the subcommittee considered; ~ approaching the Legislature wi th regard to revocation of tax exemption s~atus for 1, 'private clubs which practice discrimination. The conclusion was that th~s approach \ has not been successful in the past, and that the subcommittee's charge was solely I 'to evaluate the Human Rights commission recommendation for adoption of the affi- :cavi't procedure, so it would not be proper to expand into other areas. ,He said the subcommittee did not vote formally on whether to consider another k~nd of :,activit.y. _,_..._.., ..... ... ._,. ...':..:'r\' __...._, ...---.'~d~-.-.- 'Several suggestions were advanced on course of action to achieve non-discrimination _ :t.aking strong posi tion against renewal of liquor license applications when they are :before the Council, incorporating the subcommittee's statement with regard to dis- I ,criminatory practices as a policy statement in consideration of all liquor license lapplications, possibility of approaching the Legislature on changing the statute \ ,to include non-discrimination as a condition for issuance of liquor licenses. 1 Councilman Williams said the subcommittee did ask the City Attorney whether the i ci ty could legislate against discrimination in pri vate clubs. It was the Ci ty At- \torney's opinion, he said, that such an ordinance would be unconstitutional in the ,---. 1 sense of the individual's right to assemble' guaranteed under the first amendment. e 'Mr. Williams continued that in light of recent Supreme Court decision that considera-' \ tion of non-discrimination in granting of licenses is not adequate basis for bring- ' .ing the equal protection clause into play, it would appear denial of a liquor ~ license on that basis would be subject to challenge. : Mayor Anderson returned but did not assume the Chair. Councilman Mohr suggested that the Human Rights Commission prepare draft of legisla- tion which the Council could initiate to amend the present OLCC licensing procedure ,to include non-discrimination clause. Discussion continued on possibility of City's; .involvement in question of constituionality if liquor licenses were to be de~ied i by OLCC because of Council recommendation on basis of discrimination, and question \ :of whether the privilege of serving liquor is significant enough action to infringe upon the right of free assembly. Mrs. Beal mentioned the possibility of changes in laws governing the Liquor Control ;Commission in the next legislative session and suggested referring the matter to the City Attorney for drafting of legislation which" would accomplish non-discrimina- : tion in private organi zations. Mr. Williams replied that the City Attorney's office ~was involved in the subcommittee's discussions and alternate approaches did not ap- ._pea-: promising, short of lobbying efforts to revoke tax exemption. The subcol1lll1i ttee .. dec~ded not to pursue that approach. . . - iBob Edwards, chairman of the Human Rights Commission, said the Commission plans to iapproach the Legislature through the State Human Rights Commission for legislation i in this respect. He feels howe.ver the Council should take action on the local level : to promote non-discriminatory practices in private clubs through denial of liquor license applications. ~ ----- ~--_. --.........-. ~.~~.~------ -~.:.-:.:...,} ~<:>cc, 10/24/72 _ 1 - - . ....... --~...-:..,. '--, , .-- ~-_.- ---- ..;..--- ---- ."_._---.- -~-- 'Councilman Hershner, member of the subcommittee, said his understanding of the re- ,quest was not just non-profit or private clubs but that non-discrimination would be :a criterion for the granting of any liquor license, business or otherwise. I There was further discussion wi th regard to presenting legislation at the State . level for inclusion of non-discrimination as requisite to issuance of liquor li- ,censes, possibility of revoking property tax exemptions for those institutions Iwhich discriminate in membership and services, the reasons for those exemptions, consti tutional protection of right of free assembly, method of achieving non- discrimination wi thout infringing on that right. Dean OWens, member of the Human Rights Commission, said he drafted the original resolution presented to the Council and feels strongly that it should be adopted. He said it was the intent of the Commission to put all available legal pressure on liquor licensing procedures in the community. He said he would challenge the City Attorney's opinion that Council's recol111llendation to deny licenses on the basis of discrimination would be illegal. Mr. Owens said the Commission in in- i ve.stigating guidelines for issuance of liquor permits fel.t that any applicant could be considered morally unfi t if he discriminates and therefore could be denied a license. He further stated the Council should adopt the resolution requiring an affidavit of non-discrimination to be consistent with its already adopted policy I ,of equal rights in creation of the Human Rights Commission. Mrs. Beal expressed the opinion that adoption of the affidavit procedure and recommending. against licenses on the basis of discrimination may not have legal . bearing on the Liquor Control Commission's action, but is a moral obligation on the part of the Ci ty and would in time have effect on the Liquor Commission's decisions. Mrs. Beal moved seconded by Mr. Bradshaw to adopt the original resolution submitted by the Human Rights Commission requiring non-discrimination affidavit from liquor I license applicants. , CounCilman Williams pointed- out that there- was only one vote in. the-.sUbcoriiinittee against presenting its report to the Council; subcommittee took action against adoption of a resolution which would call for legislation repealing property tax exemption for private clubs which discriminate in their membership and services. He said copies of that resolution would be made available to Council members if desired. It was understood copies of the resolution presented initially by the Human Rights Commission would be distributed to Council members.. Councilman Hershner indicated he would have to leave the meeting in view of the ! time, but asked l}.ow the Council's recommendation against issuance of a license is I transmi tted to the OLCC in the event an affidavi t is not signed by an applicant - . whether it would be confused with or detract from other reasons for recommending 1 denial. Manager said normally a letter of transmittal is forwarded to OLCC as . Iwell as minutes of Council meeting on that particular issue. I Councilman Mohr said the subcommi ttee' s report indicated its attempt to find a . method whereby the City Council would have authority to make decisions on dis- criminatory practices, not just passing its moral judgment in an attempt to af- fect another agency's decision. He suggested holding action on the motion to adopt the original resolution until the formal Council meeting. Comm 10/11/72 Question was called for and vote taken on the motion as stated. Motion carried, Pub Hrng Mrs. Beal, Mrs. Campbell, and Mr.Bradshaw voting aye; Messrs. Mohr and Williams voting no. Resolution No. 2114 - Requiring affidavit re: Non-discrimination in service and member- ship for affirmative recommendation for liquor license applications, was submitted. Manager reviewed presentation of the Human Rights Commission request for affidavit require- ment, referral to Council/Human Rights subcommittee, and Council action at committee-of-the- whole meeting (see committee minutes October 11, 1972 above). Bobby Edwards, chairman of the Human Rights Commission, asked adoption of the resolution, saying the affidavit requirement would be a step in eliminating discrimination in this one . area - service and membership requirements in private clubs. Molly Anderson and Dean Owens, members of the Human Rights Commission, urged adoption of the resolution. Ms. Anderson said that private clubs which allow members to bring guests and which serve weddings and receptions, luncheons, bridge clubs, etc., cannot be considered pri vate clubs, and should not be a.l?le to circumvent the law on discrimination. She said it is difficult to find supportive law in this instance, but there is no conflict with existing 307 lQ/24I12 .,... T ~ laws in requiring this affidavit. Ms. Anderson referred to the OLCC suggestion that a recommendation for denial on the basis of discrimination may be taken into consideration in issuance of new licenses and wondered how they could differentiate between new licenses and renewals. Mr. Owens stated that the Supreme Court did not hold that it is unlawful . to refuse to issue. a license on the basis of discrimination. He said any refusal of service on the basis of discrimination can be considered immoral, one of the criteria on which the OLCC may refuse an applicant's license. He said the Council would be in- consistent in its action in creating the Human Rights Commission if it were not to en- courage equal treatment in its recommendations on issuance of liquor licenses. Maynard Wilson, attorney representing several non-profit clubs, said the affidavit re- quirement would not be effective in light of most recent court decisions which hold that the Liquor Commission does not have any authority to deny licenses on the basis of racial discrimination. He said he would oppose the resolution on legalities and in- effectiveness of the requirement. In answer to Councilman McDonald's question as to basis of discrimination included in the proposed affidavit, Manager said it reads on the basis of race only. Councilman Mohr said it was his understanding that court decisions mentioned by Mr. Owens referred to State agencies as exclusive licensing authority and not to municipali; ties as the licensing agents. Mrs. Campbell commented on profit-making aspects of private clubs in the sale of liquor, and the tax exempt status due to their social services. Mr. Wilson said such "profit" e is necessary to meet operating expenses and to support programs such as eye and dental clinics and varmous other charitable services which dues will not cover, depending upon the .club and organization. He said the tax exempt status applies to those organizations because of those programs and activities, and has nothing to do with segregation or discrimination. I Mayor Anderson brought the discussion back to the major issue of whether an affidavit on non-discrimination would be requisite to a favorable recommendation for issuance of liquor licenses. He reminded the Council that the proposed affidavit would apply to both profit and non-profit organizations. In response to question from Councilman Bradshaw, Mr. Owens read a portion of the ordi- nance creating the Human Rights Commission with regard to its duties in co-operation with City officials to provide opportunity for equal treatment to all from holders of City licenses, contracts, and privileges. Mr. Bradshaw said issuance of liquor licenses to private clubs is undoubtedly a privilege, but the subcommittee was concerned about the legality of requiring the affidavit. He said there appears to be question about the OLCC's consideration of a Council recommendation on the basis of discrimination, but in making such a recommendation the Council would at least have stated its position. Councilman Mohr said the duties of the Human Rights Commission are directed to those . areas where the City has direct control and the City does.have clauses in its contracts and licensing procedures with regard to non-discrimination. But the judgment in this instance, he said, is how to move most effectively in an area where the City does not have direct control in the issuance of a license or priv~lege; whether a moral judgment ca~ be backed up with "muscle." Councilman Williams said the issue in question is one of a citizen's right to assemble guaranteed by the Constitution. He sai0. that right would be abridged if the privilege of drinking in assembly is denied, and that the proper approach if a change in the guarantee of the right to assemble is wanted is to amend the Constitution. Mrs.'Beal felt the affidavit requirement would be an extension of the Human Rights ordinance and proper inasmuch as it would apply to both private and public dispensers. She said it would at least be laying the groundwork for possible changes in OLCC laws which will probably be before the next legislative session. Councilman Hershner said it.is true the affidavit would apply to public as well as private organizations, yet throughout discussions before this Council and the subcommittee it has seemed to be aimed at private clubs such as the Elks, Moose, and others. However, he said, his concern is with the freedom to join into a group of one's own choosing, arid the effectiveness of this Council's position in its recommendations to the OLCC. If this . resolution is adopted and a liquor license is submitted without this affidavit, and there are other reasons for which the Council may wish to give the OLCC a recommendation to - deny the license, then Mr. Hershner felt the Council's recommendations would be com- pletely ineffective so far as the OLCC is concerned. . Mr. Mohr moved seconded by Mr. Williams to table Resolution 2114. Mot.ion defeated, Councilmen Mohr, Teague, Williams, and Hershner voting aye; Co'uncilmen Beal, McDonald, Campbell, Bradshaw and Mayor Anderson voting no. 30e - - ~- -- ." lOj24/72 ~-.-,3 .e; Mr. Mohr moved that Resolution 2114 be held over to the meeting of Novem- ber 27, 1972. Motion died for lack of a second. Mrs. Beal moved seconded by Mrs. Campbell to adopt Resolution 2114. In answer to Councilman Hershner, Attorney Wilson said that the quota under which liquor . licenses in Oregon are issued applies to.private clubs as. well as to public dispensers. Councilman Bradshaw said hi;s~:concern is with the issuance of liquor licenses only; he has no desire to infringe upon or deny anyone the right to assemble within the City. Councilman McDonald stated that the City Council does not issue liquor licenses; they make recommendations only to the OLCC. To clarify the affidavit requirement, Manager read the proposed document which would provide that in the event there is no affidavit given to the effect that discrimination on the basis of race is not practiced, the Council shall recommend against issuance of a liquor license. Councilman Mohr suggested the affidavit should be broadened to include not only discrimination on the basis of rac, but also sex, national origin, creed. He said the affidavit itself has never been the subject ofdiscussiori by the Council and that his motion to hold the issue was to give an opportunity for discussion and perhaps bring the language more in line with the Human Rights ordinance. Mayor Anderson explained his vote against tabling the item was not necessarily a 'vote in I favor of the resolution. He said he had reservations about this method of ending dis- crimination, but at the same time did not wat;lt the Human Rights Commission to construe the tabling as meaning the proposal was a dead issue. He said he thought the Council would like to see further examination of the proposal to determine steps which would be . more effective. He suggested the Human Rights Commission might outline their intentions so far as State legislation is concerned or plans in conjunction with other Human Rights groups. He expressed disappointment at the lack of a second for Councilman Mohr's motion to hold until November 27 to give the Council opportunity to meet witn the Com- I mission to more clearly determine the direction to take. I Councilman Mohr suggested referring the matter back to the Human Rights Commission for discussion on the basis of the subcommittee's report and issues pertaining to the Human Rights ordinance. Councilman Williams, chairman of the subcommittee, said the dominate number of votes in the subcommittee were from the Human Rights Commission and it was de- termined that this particular proposal should not be presented to the Council. When that decision was reported to the Council, he said, the Commission leadership wanted to present the resolution requiring the affidavit anyway. He could see no significant point in referring the matter back to the Commission. Mr. Mohr moved seconded by Mr. Williams to amend the affidavit required by Resolution 2114 to include in the language as basis of discrimination in addition to race the words "sex, national origin, and creed." In making the amendment Mr. Mohr said it was offered to bring ,the broadest possible reach for'the affidavit and bring it into line with the entire scope of.tae Human Rights . ordinance. Mr. Hershner and Mr. Williams said they would vote for the amendment, but that w~uld not necessarily mean they would favor the main motion to adopt the resolution. Manager explained that the amendment, if approved, would change the scope of the proposal and would make it appropriate to hold further public hearings before final action. Dis- cussion followed in clarification of the motion with. regard to its necessitating public hearing at a later date and its inclusion of religious discrimination as a basis for determining whether to make a favorable recommendation on issuance of liquor'licenses. Mrs. Campbell said she would vote against the amendment because she would like to see the resolution adopted requiring the affidavit in its original form - discrimination on the basis of race only - since she felt the amended form would not be approved. She felt adoption of the original form would give the opportunity to do something effective with regard to discrimination against blacks. Councilman Mohr commented on the idealistic vs pragmatic approach and said that the Council should take the most far-reaching position and do everything it can to accomplish what it stands for in view of its public policy. Further clarification of the amendment was made with regard to public hearing at another time, Mayor Anderson stating that approval of the amendment would substantially change . the thrust of the proposal. Other groups would be interested in the introduction of other bases of discrimination - creed,sex, national origin~ They should be given an opportunity to be heard. Councilman Williams repeated his opinion that the question involved is the right of assembly and what kind of restrictions the Council feels it should make. Councilman Hershner agreed, saying the issue is exactly the same as in the original proposal. 30? - - lQ!24:172..,.,- 4 -' Vote was called for on the amendment. Motion carried, Councilmen Moh~, Teague, Williams, Hershner, and Bradshaw voting aye; Councilmen Beal" McDonald, and Campbell voting no. e Mr. Mohr moved seconded by Mr. Teague to hold Resolution 2114 for public hearing at the November 27,1972 Council meeting. Mrs. Beal called for point of order, saying there was a motion on the floor. The Chair ruled the motion in order, the previous motion to amend changing the substance of the main motion. Vote was taken on the motion to hold for public hearing. Motion defeated, Councilmen Mohr and Teague voting aye; Councilmen Beal, McDonald, Williams, Hershner, Campbell, and Bradshaw voting no. Vote was taken on the main motion as amended. . Motion defeated, Councilman Beal and Campbell voting aye; Councilmen Mohr, McDonald, Teague, Williams, Hershner, and Bradshaw voting no.** ** Corrected to show Bradshaw voting aye (see Noyember 27, 1972 Council minutes). B. Appeal, Women's Transitional Living Center, 1191 West Broadway - Planning Commission September 12 granted conditional use permit for Women's Transitional Living Center at 1191 West Broadway (R-2 zone) with the conditions that (1) the permit will be reviewed in six months; (2) there will be 24-hour supervision and a pass system at the Center; (3) only six girls and a supervisor will be allowed to stay in the facility; (4) the . Women's Transitional Living Center will submit a copy of operating rules and program when completed to the Planning Commission; (S) residents of the Center except the resident manager will not be allowed to have automobiles at the site; (6) th.e structure and grounds will be maintained in a state of good repair; and (7) Building Department requirements will be complied with. Appeal from the Planning Commission action in I accordance with the zoning ordinance was received signed by about 20 citizens living in the vicinity of the location, and was read. Council members were previously given Planning Commission staff notes, operating rules and program of the Center. A letter was noted received from Sharon Rogers, 761 East 17th, supporting the Center. Russ Sadler, 372 West Broadway, although favoring loeation of, the Center as proposed, spoke for neighbors living in the immediate vicinity, saying they had left the meeting during the previous hearing. He .said the neighbors he was speaking for were elderly and were afraid, and there was no way to minimize their fear because of a general in- crease in housebreaking, burglary, etc. He felt it was improper to associate such incidents with the people who would be living in the Center, nevertheless they do associate it with them. He analyzed the situation in that neighborhood with regard to zoning and revitalization of the area. John Meyer, 10S4 VanBuren .Street, said he and other people living near the proposed location did not object and could see no reason why the Center could not operate with- e out interfering with the quality of the neighborhood. Catherine Eaton, chairman of the Center's board of directors, called attention to docu- ments explaining the program and concepts of the proposed Center. She said they were anxious to get the program underway and asked for the Council's denial of the appeal. Others speaking against the appeal and in favor of the Center were Martin Acker, con- sultant to the Center; Bob Streicher, 864 VanBurem:Street ; Mary Briscoe, president of the League of Women Voters; a Berniece Kilder; and, Sister Janice Jackson. Manager said the Code is very specific with regard to what must be determined by the Planning Commission in granting conditional use permits. The Council would be required to consider those same specifications - Section 9.702 (a) , (b), and (c) - and any motion should include findings on them as well as upon conditions imposed by the Planning Com- mission. Councilman McDonald called, attention to the size of the lot for which. the facility is proposed - 4,240 square feet - and said that amount of space is less than required for a single-family home. He felt it important to remember in the future that this facility was proposed to house ten people on only 4,240 square feet of property. . Councilman Teague said he could not support the facility at its proposed location in view of the obj ections of so many neighbors living close to it. He said he had called on some of those elderly people and they were afraid. - Councilman Hershner said is was his understanding the occupancy would be limited to six people including the manager. Mr. McDonald repeated that his main concern was with the square footage of the property and precedent of allowing multiple occupancy on such a small lot. 3/0 - - 10/24/72 - ,sF Councilman Williams favored the concept of the Center and said he felt the people in the penal system would closely supervise the facility to ensure its success in view of the desire to improve the transition from prison to worthwhile pursuits. Councilman Hershner asked what relationship there is between the group proposing to - operate this facility and the State Corrections Division, and the degree of supervision '" . by the State. Jim Saul, Planning staff, said a non-profit corporation was formed which has a contract at the present time for one year with the Corrections Division, Human Resources, for operation of the Center. There will be supervision by the State to the extent that representatives of the Corrections Division in Eugene will be monitoring the Center's activities. Councilman Williams said he was. concerned with the operation and its relationship with the Corrections Division. He said he thinks the Corrections Division has the proper tools for control of the operation and will use them since they want this type facility to be successful in the community. Councilman Mohr noted that it will serve not only as a transitional center but will re- ceive people sentenced locally from the Circuit Court. Mrs. Beal said she and Mrs. Campbell inspected the entire house and felt it was very spacious for the use intended. Mrs. Campbell noted there have been no complaints with regard to a men's transitional I dwelling located in Eugene and said the Planning Commission in granting these conditional uses is keeping in mind dispersal of. this type facility throughout the community without saturating any one neighbo~hood. She said there will undoubtedly be further requests e of this nature because of the decentralization of services formerly provided by the State. Councilman Bradshaw expressed his approval of the proposed Center, saying he had several calls favoring the concept but all wanting to locate in another neighborhood. He said he feels there is enough provision for review to give adequate protection to the neigh- bors. r Mr. Mohr moved seconded by Mrs. Bealto deny the appeal and uphold the Planning Commission in its findings in granting the conditional use permit for the Women's Transitional Living Center at 1191 West Broadway in accordance with Sections 9.702 (a), (b), and (c), subject to conditions set forth in the Plan- ning Commission decision of September 12, 1972. Motion carried, all councilmen present voting aye, except Mr. Teague voting no. Mayor Anderson wished every success to those who will be operating the Center and said it would be one of their main responsibilities to quell some of the apprehension among neighbors in the immediate vicinity. C. Vacations - Recommended by Plannin Commission August 7/14, 1972 1- Easement at 24th b~tween Washington and Lawrence Estola 2. Monroe Street between 28th Avenue and Lorane Highway (Public Works) . Council Bill No. 107 - Vacating easement at 24th A~enue between. Washington Street and Lawrence Street was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill.be read the second time by council bill number only, with unanimous consent of tl).e 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. Be~l that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16637. Council Bill No. 108 - Vacating Monroe Street between 28th Avenue and Lorane High- way was submitted and read the first time by council bill number and title only, there being no.councilman ~esentrequesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only"'; with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council . bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16638. 3/J -- - -- 10/24p2 "'-::- 6- -- " D. Rezoning from R-l to R-2 4.4 SR area at southwest corner Harlow Road and €herry Drive (Culp-McBride) - Recommended by Planning Commission September 5, 1972 . Rezoning Southwest Corner Harlow Road and Cherry Drive - Planning COnmUssion Septembe~ 5, 1972 recommended rezoning this area from R-l to R-2 4.4 SR, the site review to ensure access from Cherry Drive to the property located in the northwest corner of the site and screening of the proposed development from the R-l zone to the south. Planning Director explained that the suffix "4.4" is being used fo,: the,first time ,to limit units to 4400 square feet each (10 units per acre). Zoning I ord~nance prov~des for use of unit area limitation in R-2 zones and Planning Com- mission recommended it in this instance to maintain a density less than the maximum allowed. \ I I Councilman Williams questioned the proposed rezoning as it conforms to the Willakenzie Interim Plan which limits R-2 zoning to within 150 feet of arterials. Planning Di- l 'rector explained that this is a specific situation where the limitations imposed :. were felt desirable for development of the property since it is adjacent to R-2 zoning! on the west and is different from the R-l to the east. I Comm : 10/~8/72 i Mr. Mohr moved seconded by Mr. Williams to schedule a public hearing on the request Pub/ Hrng ~~_t_. the October 24 ,-1_9?~Council meeting. Motion carried unanimously. ' ~ -"""';:,-- ~ -,- --~-~ -- - - ... . '~"4'_"'T-"_"'_'" _ __...._4.._.__....~.._..____.,_ ___.~ ._. .___._ __~.",""',,,""_ Council Bill No. 109 - Rezoning to R-2 4.4 SR area at southwest corner of Harlow Road and Cherry Drive 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 I 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 16639. E. Annexation of area between River Avenue and Belt Line Road east of River Road (Frosland) - 3.07 acres. Recommended by Planning Commission September 25, 1972 Annexation, 3.07 acres between River Avenue and Bel t Line Road east of River Road (Frosland) - Planning COnmUssion September 25, 1972 recommended annexation subject to an agreement with the Donald Froslands that City sewers will be provided only ati such time as the City finds it can extend service. Manager explained that Ci ty and! iCounty Planning COnmUssions have agreed that this general area should be rezoned tOI :industrial uses and annexed but only on a piece-by-piece basis as decision by prop-; . ;erty owners is made to put the land into use. Comm 10/18/72 . Mr. Mohr moved seconded by Mr. Williams to schedule public hearing on the request Pub Hrng ,fE_~__t.~~._O~t=.ob~!._u~~' 1972. ~ounci1 mee~in~ M.~~~!?_12 carrie?__ '!!2_a!?3l!Y:)_usl!! .____._ - _.~ -- -,- - . -.. '",-.._-~- - .~- . .. . Res:~iution-\;No. -2115 - Transmitting to Boundary Commission request to annex area be- tween River Avenue and Belt Line Road east of River Road was submitted. Councilman McDonald' questioned staff with regard to automatic access to City sewers upon ,annexation of the property. Manager eXplained that even after annexation sewers(will not be available and the Froslands have agreed that the. City will not be required to provide sewers until it decides it can. Although connection to a sewer from the prop- erty could be made without further Council action, construction of sewers to which the property can be connected cannot be accomplished without Council action. In answer to Mrs. Beal's question with regard to the reason for the annexation petition, Mr. Saul of the Planning staff said the petitioner. proposes warehousing use of the property and was advised by tne County Sanitarian that septic tank approval would not be given without assurance that sewers at some time would be available. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. . Councilman Williams asked whether sewers for that area are in the process of being de- signed. Manager replied they are not at this time. He said a private sewer system -- is serving the general area, however there is no authority to connect to that system. The County Sanitarian's position was that without annexation to the City there is no potential for future sewer service. With only warehousing use on the property it would appear that septic tank would suffice for a time. 3/2- 10/24/72 - 7 J1;rE.! Real CLueE.ti-oned the a.cceptahili-tyof taking areas into the City which need septi c ta.nk. s.epy:i,;..ce.a.hd~a.5Jl--th,e,re.~~ no :i;nfor..mi3,t:i"on with. regard to. costs to the City for ~tJ1ee.t:s;.J . ~igIitS;J; etc, :Sfie,~u$ge~ted.-h.oldihguntiJ., costs. to the City for extension of sterrvices: are -develol!led.. .1?layor. An'deri:>ort.: s-aid1T1ahY' areas Ila:Ve:neenanriexed which. cannot be served i1Tl1TlediatelY'~Ifes:aid tnis-a1"ea is within the urnan serVice noundary of the . 1990 Plan and qual if'ie s for anriexation; -With regard to Obtaining costs of providing services such as transportation, streets, sidewalks, sewers, street lights, prior to annexation, he said it would be extremely difficult to obtain exact costs for each property. Mrs. Campbell said it was her understanding a priority system for sewers is a part of the 1990 Plan. Manager said it is included but there is no time schedule, however it is not known at this time which agency will serve the regional sewer system. This particular annexation, he said, is a very small parcel and will not affect the feasibility of the regional plan. In answer to Mrs. Campbell's supposition that areas within the City served with septic tanks will have priority on sewer service when available, Manager said geographical location and density problems are the most important factors for service priority. Vote was taken on motion to adopt the resolution. Motion carried, all council- men present voting aye, except Mrs. Beal voting no. I F. Levying Assessments Council Bill No. 87 - Levying assessments for sanitary sewer between Blackburn Street . and 160 feet west of Warren Avenue from Kevington Avenue to the south line, extended, of Lot 6, Block.4, Cherry Lands Addition (72-2), submitted and read the first time on September 25, 1972 and held over for proper notice of. assessment t.o. be given owners of ~ffected properties, was brought back for consideration with no written protests on file. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill nurriber only, with unanimous consent of. the Council, and 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 dec1:ared passed and nllJJlhered 16:6.40.. . . .., ... ' CoUncil Hill No~'> 88 - LevYing assesSmentsufor storm sewer between Coburg Road and Luella Street frolTI Bailey Lane to 450 feet north (72...;5) submitted and read the first time on September 25, 1972 and held over for proper notice of assessment to be given owners of affected properties, was brought back for consideration with no. written protests on file. Mr. Mohr moved seconded by ~s. Beal that the bill be read the second time by council bill number QJlly, 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 1664l. Council Bill No. 89 - Levying assessments for paving alley between 6th Avenue and 7th Avenue from VanBuren Street to Tyler Street (72-11), submitted and read the first time <;m Septelllbe]:'.25,;.,~~7~an:cL-heldover for proper. notice of assessment to be given owners 'of affected properties-;--was-brought back for consideration with no written pro- tests on file. Mr. Mohr moved seconded by ~s. Beal that the bill be read the second time by council bill number only, with unan~mous consent of the Council, and that enactment be con- sidered 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 16642. Council Bill No. 90 - Levying assessments for paving, sanitary and storm sewers . within Poplar Park Subdivision (72-13 & 17), submitted and read the first time on September 25, 1972 and held over for 'proper notice of assessment to be given owners of affected properties, was brought back for consideration with no written protests on file. 313 10/24/72 - 8 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 con- sidered 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 16643. Council Bill No. 91 - Levying assessments for special sewer levy in Augusta Park Planned Unit Development (72-49), submitted and read the first time on September 25, 1972 and held over for proper notice of assessment to be given owners of affected prop- erties, was brought back for consideration with no written protests on file. M:r. Mohr moved seconded by Mrs. Beal that the bill be read -t:he~ secon-i1ime -'-bY~:CQ@eil-_-' .' . -. ,....... .~~-, -~....... - -~:bJ..1:rnumber only, with unanimous consent of the Council, and that- enactment be con::. sidered 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 16644. Council Bill No. 92 - Levying assessments for special sewer levy in Village Oaks Planned Unit Development (72-50), submitted and read the first time on September 25, e 1972 and held over for proper notice of assessment to be given owners of affected prop- erties, was b~ought back for consideration with no written protests on file. 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 con- I sidered 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 16645. Council Bill No. 93 - Levying assessments for special sewer levy in Fairfax North Planned United Development (72-51), submitted and read the first time on September 25, 1972 and held over for proper notice of assessment to be given owners of affected prop- erties, was brought back for consideration with no written protests on file. 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 con- sidered 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 16646. Council Bill No. 94- Levying assessments for special sewer levy in Oakpark Planned Unit Development (72-52), submitted and read fhe first time on September 25,1972 and held over for proper notice of assessment to be given owners of affected properties was brought back for consideration with no written protests on file. 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 con- sidered 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 16647. III - Items Considered With One Motion . Previously discussed at committee meetings on October 11 (Present: Mayor Anderson (dur- ing portion); Councilmen Mohr, Beal, Williams, Hershner, Campbell, and Bradshaw) and October 18, 1972 (Present: Mayor Anderson; Councilmen Mohr, Beal, McDonald, Teague, - Williams, Hershner, and Bradshaw). Minutes of those meetings appear below printed in italics. 3/'1 10/24/72 - 9 - ,.--,' - ~ -. A. Kaufman Property 'purchase - Manager asked ?uthorization to proceed with agree- \ ment to purchase from Gertrude Kaufman for $90,000 land on which her former home .and an adjacent home are located. Mrs. Kaufman has offered to the City the two buildings as a gift (appraised value $88,000), and it is felt they are very de- 'sirable for use of senior citizens as well as for headquarters space for service . ;agencies serving the elderly. Planning Commission has granted a permit allowing conditional use of the property for that purpose. The proposed agreement cover- .... ing purchase of the land provides for payment of the principal at the rate of $2,000 per year plus interest on the unpaid balance based on prime interest rate of First National Bank. Principal payment plus interest is calculated to be about $7,000 per year during the agreement period. In the event of Mrs .Kauf- man's death prior to full payment, the agreement will terminate, any outstanding principal balance canceled, and at that point the land comes into City ownership. 'Staff recommended approval of the proposed agreement. Councilman Mohr commented on the need for space for senior citizens' programs and the fact that this location would seem to be ideal because of the neighbor- hood's high population of older people. He fel tit would also serve as a focal point for a neighborhood development plan. Mrs. Campbell wondered if Retire Senior Volunteer Program and Volunteer Services Council would have the opportunity to use space in the buildings. Parks Director I said various agencies are now being contacted with regard to space requirements 'with the idea of using the "annex" for office space. The Kaufman house itself would be used for a recreational center for senior citizens. In answer to Councilman Hershner's question about source of funds to meet the . payment, Manager said it is expected there will be some rent payments from the funded volunteer services, and that it i,s not such a large aIrount that during the 'year there will be funds available from other sources to cover the payment when it is due. I Mrs. Beal moved seconded by Mr. Mohr to proceed with the contractual arrangement I for purchase of the land from Gertrude Kaufman. Mrs. Campbell asked about furnishings in the buildings. Parks Director said there will be some left, but Mrs. Kaufman is still in the process of moving to her new home and exact inventory is not known at this time. Comm , 10/11/72 ,vote was taken on the motion as stated. Motion carried unanimously. Approve - . _. _ . ':,.Ic;::-.',.- c ' ;,- ~ . B. Environmental Impact Statement, Expioratory Oil Driiling. - Mich~el Dotten, repre- senting Oregon Student Public Interest Research Group, read the resolution which I OSPIRG is asking the Council to adopt, endorsing their posi tion that environmental ! impact statement be required prior to any exploratory drilling for oil in the I \, Willamette Valley area near Eugene. He said it appears Mobil Oil Company has no ~specific plans at this time, but the OSPIRG feels more should be known about the - 1: results of any drilling which may take place through impact statements for each I test drilling prior to issuance of blanket permits. I I ,Mayor Anderson left the meeting. Council President Mohr assumed the Chair. In answer to Councilman Williams, Mr. Dotten said they feel there may be damage to ithe environment from placement of roads, test holes, and mud pumping in this par- i ticu1ar area which would not be covered by a National requirement for environmental impact statement. Local statement requirements for each test drilling would en- able the Department of Environmental Quality to seek an injunction against further development until it is known there will be no damage to the environment. Mr. Dotten continued that their group intends to approach the County with the same request, this in answer to Mrs. Campbell, who expressed the opinion that the Director of Environmental Qua1i ty should have local support in his efforts to make an .impact statement a requisite.for -drIlling permits. Mr~. Dotten said-there. is no time element involved since there is no development at this time in the Willamette Valley, other than possibility of some precedent which could prevent . the Director from taking action should drilling occur. ,Manager referred to preamble of OSPIRG' s request in whi ch they ask for impact a statement prior to "issuance of leases" and the general broadly based lease of I i1arge areas without determination as to where a particular test drilling will \ occur. Mr. Dotten said the resolution itself refers to issuance of permits for ,"drilling" rather than leases, in which case Manager asked if it wouldn't be the responsibility of the oil company or Bureau of Land Management to file environ- Imental impact statements. 3/5 10/24/72 - 10 Councilman Hershner suggested Mobil Oil Company and Bureau of Land Management be . advised of the request in view of specific reference to them in the resolution brought to the Council for consideration. It was understood copies of the resolu-' tion would be distributed to interested parties prior to the October 24 Council . meeting. : Councilman Williams said the Council might want to consider precedent in requiring, l . impact statements wi th regard to roads, test holes, mud pumping since they would .\ be significant activities in any type of development, not just oil drilling. Mr. Mohr answered that the Council is not determining whether to ask for a state- ment, but encouraging DEQ in its efforts. Mrs. Beal said the Council is being asked to adopt this statement in support of the DEQ Director's efforts to enforce Federal and State laws. It would require only consideration of terrain, water , sheds, etc., for significant impact report prior to start of any drilling. Councilman Bradsh~w asked if an~ thought has been given to control should oil be found in view of drastic effect on headwaters, fishing, quality of water in this :general area. Mr. Dotten replied that the purpose of requiring the statement before drilling begins was to ensure that no damage would result. Further conversation took place with regard to need for individual impact state- :ment when an overall statement might serve, and whether i twould b~ proper require- ment without knowing what a general statement would contain. Mr. Mohr suggested 'deletion of reference to Mobil Oil Company and BLM in the statement. Mr. Dotten said that would be agreeable, but he would not like a statement so general that ~ .it would not address itself to test drilling in the Willamette Valley. . Manager suggested rewording the statement to make it read test dri lling "coul d" .constitute significant activity rather than "would," and to support the acitivities of the DEQ Director without insisting that Federal agencies obey Federal law. :Council members felt this would be satisfactory, and Mr. Dotten agreed. f I ~ Mrs. Beal llOved seconded by Mrs. Campbell to bring the res 01 ution wi th the sug- .gesteq rewording for Council consideration at the October 24 meedng. Motion carried unanimously. Comm It was understood representatives of Mobil Oil Company and Bureau of Land Manage-lO/ll/72 ment would be notified that the resolution will be considered by the Council. ~pprove ._.,.._~._-.._---_._._._....._..__._._._-- -----~._.__._'._--_.._. '"-'-'- --_..._~- ..'. - ~"---_.- -- _._--_._-.. . ----_. ... -.'.-._.,------_.~--~ C. RMBCLiquorLicens~,LaUr~lW60dGOlfCOurse - Delmer D. and Bonnie M. Hicks (New)- Comm It is planned to sell bottled beer in paper cups, service to cease when the golf 10/11/72 course closes and no later thanll0 :00 p.m. Approve Councilman Teague asked whether issuance of this license would result in the same type of problems encountered under previous licensing. Manager said it is planned to sell bottled beer in paper cups through the pro shop only while it is open (10:00 p.m. closing during = summer season). It will not be a tavern operation. OLCe staff has contacted neighbors ._ and the only objections were one who is opposed to any form of liquor sales, and anoi?her who felt the previous operator was unfairly treated. D. :Appea1, Northland PUD - Appeal was received from Marvin P. Brabham, 1709 Minda . Dri ve, from the Planning Commission approval of a planned uni t development located east of Norkenzie Road and south of Minda Drive (Northland PUD). The appeal was based on the contention that the Planning Commission failed to conform to require- Comm ;ments of Sections 9.768 through 9.792 of the Code relating to planned unit develop-10/18/72 m.~n..t_s..:._S~lJ,?dule h~C!ril1g_NQYl.e.mber 6,.1972..._._.__._.___...._.... h. r. _. .__. _Approve E. UNItEF. Plans for Halloween - Mrs. John deJung aSkegCtzq.uncil dedication of October 31 as official UNICEF Day in Eugene to give support to their "trick or treat" program. Children carrying "official cartons" will collect money which accounts for about one-third of the UNICEF budget. She explained the general UNICEF program and other sources of revenue for carrying on their efforts to help the underfed and crippled children of the world. ..'"' ~ Comm Mrs. Beal moved seconded by Mr. Williams to dedicate October 31 as UNICEF Day and 1'0/18/72 adC?p.,t a resol uti.."-12 1:9 -E.~Cl~ effect"_ ,l!ot,i o'L_ c...~E!..~~~ _Uf!arlimously. . ,. Approve l,,;;' '. .;t;.:- . .';' , '1"1~" ... F.: Ordinance, Defining Ci viI Emergency and Providing for Emergency Curfew - The proposed .. ordinance would permi t 1imi ted declaration of curfew in the event of ci viI ~mergency - which in the judgment of the Mayor, or in his absence the President of the Council, , or in their absence the City Manager, is felt necessary to preserve the safety of I the community. Copies of the first draft were presented to the American Civil Liber-' ties Union who responded with the feeling that the draft was not acceptable and with the general' feelingi:hatthey are oPlX?seq _ to~z;!r .1e[~_s.1at_ion of this nature. The ..... -, ' , -. '. ..- , . - -- .-,- 31 b 10/24/72 - 11 . ''''~I~\.~~ ,jI'....,. - .....,... . ACtu-takes .-fh-e po.si tio.n- th~t'-any-- such ordinance Could lead- to vio.latio.n o.f the in- : di vidual's rights, and that there are sufficient existing laws to. deal with any ; pro.blems which may arise. Co.pies o.f their respo.nse will be distributed to. Co.uncil : members. Manager said from administratio.n' s viewpoint it wo.uld be desirable to. have such an . o.rdinance sho.uld o.ccasio.n arise. It wo.uld appear to. be very rarely needed, but if an o.ccasio.n did o.ccur, it wo.uld then be to.o. late to. call the Co.uncil to.gether far passage o.f the curfew and the City wo.uld be dependent upo.n the Go.verno.r and state ,law enfo.rcement wi th the pro.babili ty in the event o.f an emergency o.f such size that the State's peo.ple wo.uld be burdened already with meeting their respo.nsibilities. , FurtherIlKJre, it is felt such emergencies can be met IlKJre expedi tio.usly because it wo.uld pro.bably be mare o.f a lo.cal concern. ,Manager said this type o.f regulatio.n wo.uld have been helpful in the Octo.ber 12,1962 sto.rm because o.f hazards to. the public in traveling certain streets and, altho.ugh there are no. anticipated needs, it is a to.o.l which wo.uld be helpful in general emergencies. He said the City Atto.rney painted aut that its applicatio.n is limited to. pro.perties dedicated far public use (city streets) and wo.uld no.t affect private pro.perties o.r publicly-awned private pro.perties, such as the University campus. It wo.uld restrict the sale o.f alco.ho.lic beverages, gaso.line o.r ather flammable liquids, ammunitio.n. I Mr. Mo.hr IlKJved seconded by Mr. Williams to. schedule the pro.po.sed o.rdinance far public : hearing at the No.vember 6,1972 Co.uncil meeting. ! Mrs. Beal referred to. the Octo.ber 12 sto.rm and recalled many peo.ple trying to. get . : to. restaurants because o.f lack o.f co.o.king facilities. She asked who. suggested the o.rdinance. Manager replied that .it has been under co.nsideratio.n at the administra- , tive level far same time and that his o.ffice is in agreement with the po.lice Depart- i ment and Public Wo.rks Department that there are times when this co.uld pro.bably be I ,used. With reference to. the Octo.ber sto.rm he said that under this o.rdinance there I . could have been a limited curfew in certain areas, especially in areas where there 'were electrical lines dawn which were a definite hazard. Citizens co.uld be kept I fro.m the streets thro.ugh bro.adcasts an emergency radio. equipment and fro.m po.lice lo.udspeakers. Co.uncilman Mo.hr stated his aversio.n to. making criminal law at the municipal level. He said he wo.uld no.t want to. see individuals arrested an a charge resulting in their being jailed simply far walking an a street clo.sed by a curfew. Carom 19/18/72 Vo.te was taken an the IlKJtio.n to. schedule public hearing. Mo.tio.n carried, Mrs.Beal .' 'Appro.ve voting no.. , Co.uncilman Williams suggested deletio.n in Sectio.n 4.760 Definitio.ns (1) (A) o.f the wards "Rio.t; which means..." if it did no.t substantially change the intent o.f the o.rdinance. It was his tho.ught that that deletio.n wo.uld pro.tect citizens in terms <' o.f insurance co.verage because o.f the exclusio.n o.f co.verage far rio.t damage fro.m . mast policies. Mr. Williams wandered too if the pro vi si an far terminatio.n o.f a ; . . curfew sho.uld be extended to. include the Co.uncil as well as the Mayo.r, Co.uncil President, and City Manager. Manager said the suggested changes wo.uld be checked. .. G. Vacation, Easement an east. side of---Carmel Avenue '275 feet so.uth o.f MIiida Drive (Kno.edler) - Planning Co.mmissio.n September 25, 1972 reco.mmended appro.val. Easement is lo.cated between two. privately awned pro.perties and is no.t needed far utilities. Carom ,Mr. Mo.hr lOOved seco.nded by Mr. Williams to. call a public hearing an the vacatio.n 10/18/72 : request. Mo.tio.n carried unanimously. Appro.ve H~Liquo.r License Applicatio.ns '1.:; Jaqk's Tavern, 24 West 8th - Marian E. Nixo.n requests Retail Malt Beverage Class C Co.mm , license, greater privilege, which will allo.w sale o.f wine as well as beer. No.w 10/18/72 has RMBA-PB license. Appro.ve 2~ Machine Gun Alley, 730 Willamette - Marian P. and Genevieve Nixo.n request Res- taurant "B" license, greater pri vi lege , which allo.ws dancing and entertainment. (; OLCC repo.rt includes review with adjacent property o.wners - two. abject, two. have " no. o.bjectio.n. Building Department repo.rted pro.blems with meeting building co.de requirements, which has no. particular bearing an granting greater privilege, Co.mIn .~ i Manager said, and the o.peratio.n wo.uld no.t be allo.wed to. pro.ceed until building :{..0/18/72 t co.de questio.ns are reso.lved. Appro.ve Manager explained that the greater privilege requeste~ (Re~taurant B) far Machine Gun Alley will allaw live entertainment, music, and extend claslng tlme to. 2:30 a.m. 317 10/24/72 - 12 ...-..... .;"'~-I 3.Nine-T-Nine Tavern, 20 Highway 99N - Richard and Margaret Mola request Retail Corom Malt Beverage Class C license, greater privilege, allowing wine in addition to 10/18/72 beer. Approve . , .4. One 0' Clock Market, 698 West 6th Avenue - Change of ownership to Barnie and Mary McCaskill for PB license. i Mr. Mohr moved seconded by Mr. Williams to place the requests on the consent calendar for the October 24 Council meeting. Mrs. Beal wondered whether a public hearing on the Machine Gun Alley license application would be in order to give opportunity for the owners of adjacent businesses to be heard. Manager said they would be notified of the meeting. Comm Vote was taken on the motion to leave the items on the consent calendar. Motion 10/18/72 Approve carried unanimously. :E. Segregation of Assessment - Against property at 1455 Bailey Hill Road for sewer on , Bailey Hill Road between 11th and 18th. Requested by Louis F. Bonson for John Steinmuller and Fidelia Bowers. Payment for the portion segregated has been made and staff has no objection. Corom . 10/18/72 Mr. Mohr moved seconded by Mrs. Beal to approve the segregation. Motion carried , unanimously. ' Approve . . r____ e J: Abandoned Cars on Private Property - Councilman McDonald asked if there was any response to his inquiry about coping.with the problem of removing cars abandoned on private property. Assistant Manager said the matter is being revie~ed with the City Attorney's office with regard to limitations and channels ava~lable to Corom ,owners of private property, short of the City's becoming an agent in the removal 10/18/72 of abandoned cars. A report will be brought to the Council after the City At- Affirm ~or.n.ey' ~.o~fice !~y'~ew of th~ 'pz:ob~em. OF _ . ---. -~ ." ~ ~ .' K. Parks lOlicy, Tennis Court Availabili ty - In answer to Mrs. Campbell,' Parks ~ '. Director confirmed the Parks Department policy of keeping one tennis court Corom open for public use at any time, and that signs to this effect are posted 10/11/72 :on the courts. File . .... ~ 1,;"" L. Summary Statement, Mahlon Sweet Field Master Plan - Copies of the summary Were Comm previousLy distributed to Council members with notice that the full report is I 10/11/72 , available for. Council members who wish to review it. File - .... ." ....-. ._:,,-_-.J,..::_ .t.:.._--~ .~.. . M.' Air Pollution - Mrs. Beal called attention to the pollution buildup over the entire .~. upper Willamette Valley, saying it may reach an "alert" stage. The situation has become serious in Portland and if the inversion continues without wind in this area, Comm ,she said, there may be a more serious condition here. 10/~8/72 N. Municipal Court Study, YWCA Group - Mrs. Beal wondered about the status of the File Municipal Court Study report and said she would like to have comments on it from the Court. She also asked whethe~ formal thanks had been forwarded to those who participated in the study. Manager said Council action at the time the study was presented was to discuss it when report is recei ved from the commi ttee ap- : pointed to review the Criminal Code. No Council action was taken on the YWCA Corom report itself. Mayor Anderson said he personally acknowledged and thanked the group upon receipt of the YWCA study, indicating therein Council members' ap- 10/18/72 preciation also. File , , O. Ballot Measure Statement re: Streets and Sewers Bond Issue - Mrs. Beal expressed I concern about wording of this statement in view of a recent letter to the Register- I i Guard Editor stating a portion of the funds raised would be used for limited access \ . streets. Community Relations Officer said that wording in the section indicating \ Comm , projects on which. t~e funds would bE; spent had_ been changed to read".. ,..for right- 19/1,8/72 Of-way for al ternab ve route~, such as Amazon Parkway, to' relieve< highly congested c, 'File stree~s,"anf/..win' appear thittway intbe.v.ote:r;'$C'pamphlet. Mrs.B~al's' concern 'w~s that\ ,the C~ ty would be accused of attempting to "hide" projects since the major por- '" . tion of the funds in that section is intended for right-of-way purchase for the I ~mazonParkwaY_West. ,. - . ". ----.I - P.Ballot Measure re: Bond Issue for Park Land Acquisition - Mr.McDonald expressed concern about voters' confusion with regard to this measure. He asked whether areas annexed to the City provide a certain amount. of that annexed land f.or park ! purposes. Manager replied that there is no requirement now that any annexation, large or small, include Pr..opeEt.'i.!9...~p'ar~p.u..rPo.ses. If parks exist wi th~n an . . , L______ "---'-'---'-'~'_.~---~.__.-- . ...., ,... ,...._..____ ...__.__ 0_._.... 0 _< ~ ____....---..._~___".,."...-- 3/8 10/24(72 - 13. 'area annexed,- then 'that continties--;;; park properEy .---OfherwIse;-property for : that purpose must be purchased. He explained that this measure would provide . funds for purchase of. lands for future park use. A small fraction will be used for development at the present time, but the major portion is for buying land . and holding for development as money is available and as population demands the use. Comm . Mr. McDonald felt there should be more publicity on this point to dispel con- 10/18/72 , fusion in the voters' minds thereby gi ving the measure a better chance for approval. File Q';,Gree'tJngs,Oregon Association oj'Child Care - The AsS.oci~i:.ion i~. holding its 'annual conference at the Country Squire on November 2,1972 beginning at 1:30,p.m. Comm . and asked ,for someone from ;he co~ncil to extend a welcome. Council members were 10/18/72 asked to ~nform the Manager s off~ce if anyone could be present. File . . R. Lea~ue of Oregon Cities Meeting, November 12-14, 1972 - Council members were asked to ~nforrr: the M~ager's office of any suggestions they have for program items for . the meet~ng. C~ty vehicles will be traveling to Portland each day if anyone wishes. Corom to attend only part of the meetings. Reservations are being made through the 10/18/72 Manager's office. ' , '1 -F~ e Mr. Mohr moved seconded b:>: Mrs. Beal to ap~rove ~ affirm~ and file as noted Items A through R. Rollcall vote. All councllmen present votlng aye~ motion carried. I IV ~ Ordinan ces ...,.--. . :ouncil BilLNo.9.: "" Re.~n4'i?g, tnfo;rnl~tLon:orRmtiness. and ,,0 ccnpat ion Taxation . _ (Parklng Program} ~'s1ioou.tted ald read the TlX'st tnne on October 9, 1972 and held for In- _ formation from City Attorney's office ~ was brought back for consideration. Mr. Mohr moved seconded by Mrs. Beal that the bill be read the second time by council bill I number only ~ with unanimous consent of the Council, and that enactment be considered at ! this time. Questions asked at the Octoher 9 weeting w:ithregard to Pacific Northwest Bell's operation were answered by City Attorneyts offi6e:The franchise provides that any payments by the Company under its frnachise with the City would be credited toward any license of occupancy tax~ which would mean that this occupancy tax would be productive only if greater than the franchise fee. Under PUC ruling~ payments of any proposed tax by Pacific NOrthwest Bell would have to be billed back to customers. City Attorney feels there would be no problem of protecting confidentiality of reports given the Finance Department. Manager said the Downtown Development Board recommended deletion of the requirement for reporting of gross sales by professional occupancies~ leaving in the requirement for re- jpo;r:>t ing of gX'o&.s. squa;r:>e fOGtage oioffi-oe&. and nl1lIlhe;ro.f .~loy€!s;., The RQard _ feels.. gross ~les. would not he.. an ap,pJ'op.:i?tat e.,~~~~, fox' de.te;cil.:tn.tng; parking t de:mandof professional of.fices:~ . In answer to Council1llan Hersnnerts question. about problems . Pacific Northwest Bell antici-. .: pated in reporting gross sales because of accounting procedures ~ Manager said under fran- chise requirements they keep the necessary records on local sales; their question was how to keep track of long distance calls. Mrs. Campbell asked if ail professional people in the downtown area will be exempted from any proposed tax by deletion of the gross sales reporting requirement. Manager replied that the Board does not feel use of gross sales is a good basis upon which to develop a formula for their portion of a tax. Some other type of measurement will be developed for professional people. Councilman McDonald left the meeting. Councilman Williams suggested that the ordinance provide for the maximum penalty allowed for release of confidential information and that it should clearly state such to be the penalty. Orval Etter of City Attorney's office explained that the Charter provides the maximum penalty is $500 and incarceration. Mr. Williams moved seconded by Mr. Hershner that Section 3 Subsection (2) of ~he proposed ordinance be changed to read: "Any person who divulges confidential in- formation in violation of this ordinance may be fined up to $500 and incarcerated ~ .'. or the maximum penalty provided by City Charter ($500 fine and 100 days imprison- ; :ment) . Mrs. Campbell said it was her understanding only the Finance Director would have access to the information reported under the ordinance. Manager said it would be reasonable to antici- pate others than the Director would be doing calculations, but it would be someone re- sPQnsih.;!.e qn~ the ~for.mation WQuld be very closely guarded. '3/9' 10(24(72 - 14 .Vote. was .taken on the motion to amend the proposed ordinance. Motion carried, all councilmen present voting aye, except Mrs. Campbell voting ..no ,Mr. McDonald absent. . Vince Farina, co-chairman of the Downtown Development Board, said there is some urgency in having passage of the ordinance since the Board cannot proceed with its free-parking program without information it will require. In answer to Mrs. Campbell's comment that it would seem the professional people in the downtown area will be exempt, Mayor Anderson noted that this ordinance is to gain in- formation only upon which to base some form of payment. Manager said the Board is looking to the use of a formula of some type based upon the square footage of space occupied and the number of employes in determining a. lic~nse fee for professional people. Councilman McDonald returned to the meeting. In answer to Councilman Mohr's question about .conflict between Oregon State statutes and this ordinance with regard to public records, Mr. Etter said State law provides for certain relationships the policy of preserving inviolate confidential information, therefore a public officer shall not allow examination of information given in confi- dence when the public interest would suffer by disclosure. Vote was taken on the motion to read the bill the second time by council bill ~umber only. Motion carried unanimously, all councilmen present voting aye, and the bi~l e was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the b~ll as amended be approved and given final passage (to provide for maximum penalty allowed under City Charter - Section 3, subsection (2) - and .deleting the requirement for reporting of gross receipts under the';~professional" category of businesses. Rollcall vote. All councilmen present voting aye, the bill as. amended was declared passed and numbered i6648. Council Bill No. 110 j Calling hearing November 27, 1972 re: Vacation of easement on east side of Carmel Street 275 feet south of Minda (Knoedler) was submitted and read the first time by council bill number and title only, there being no councilmen 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 given final passage. Rollcall vote. All.councilmen present voting aye, the bill was declared p~ssed and numbered 16649. . Council Bill No. III - Construction of sidewalk on west side of Cheryl Street be- tween Bonnie View Drive and Crescent Avenue adjacent to Lots 1, 12, and 13, Block l, Lakecrest Park Subdivision, was sub~itted 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 con- sidered at this. time. Motion carried unanimously and the bill was read the second time by camcil bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved andgi~en final passage. Rollcall vote. All councilmen present voting aye, the bill was declare~ passed and numbered 16650. Request for Bid Waiver - Charles C. Lake request waiver of bid process for con- struction of sidewalk on Cheryl Street between Bonnie View Drive and Crescent Avenue. The contract is in the amount of $2,001. Staff has no objection. Mr. Mohr moved seconded by Mrs. Beal to approve the request for bid waiver. .. Rollcall vote. All councilmen present voting aye, motion carried. - . V - Resolutions Resolution No. 2116 - Supporting efforts of Director. of Department of Environmental Quality to obtain environmental impact statements prior to exploratory oil drilling was submitted. --- 326 10/24/72 - 15 Letter received from Joe Dose, district manager of Bureau of Land Management, was read stating the BLM in Oregon will prepare environmental impact statements for oil and gas leasing which will include exploration, roads, transportation and storage of oil, if found. Manager called attention to change of wording in the resolution, at the request of Mobil Oil Company, to make it applicable to any' oil company and dele:ting particular . reference to Mobil Oil Company's proposed test drilling. John Eliassen, OSPIRG, read testimony 9f ASUO Survival Center and OSPIRG with regard to potential hazards connected with drilling based on geological survey .data. Councilman Williams noted that the requirement in the resolution for BLM impact :statements would probably not be necessary since they have stated impact: statements will be made. Mr. Dotten said there is still the question of whether the statement will cover the Willam- ette Valley or only Eastern Oregon. BLM's letter was read again and it was noted that it did not mention whether there would be a statement for the entire State or for each drill- ing. Richard P. Reiter, local representative of the DEQ, said it is DEQ's understanding the BLM will file an impa,ct statement for the entire State January 1, 1973. Immediately ,. thereafter they will prepare one specifically for Eastern Oregon - thls is where drilling is set to commence ~ following which one wlli be filed specifically for Western Oregon. If oil is located, he said, the well would be .immediately shut down and an impa.ct statement would be filed for the particular finding of the impact of that well on the environment. In addition, Mr. Reiter continued, each drilling will require waste water discharge and I solid waste permits. ;rhese requirements will apply to private as well as to public lands. He said there is no intent on the part of DEQ to.discriminate against BRM In requiring the impact statements, but it just happens their lands are where the present oil ~ril~~ng is proposed to take place. . Mrs. Beal wondered whether the staff could be instructed to work with Messrs. Dotten and Eliassen and send. congratulations to .Mr.. Day expressing approval of the Department's action in protecting this area from the possible impact of any oil drilling. Mr. Reiter expressed the opinion that the DEQ Director is satisfied with the proposed impact statements to be I filed by BLM for Western Oregon. Manager suggested deleting that clause in the resolution I stating it is not likely the BLM will issue impact statements on oil drilling for the area surrounding Eugene. Mr. Mohr moved seconded by Mrs. Beal to adopt Resolution No. 2116 as reworded deleting specific reference to Mobil Oil Company and deleting the fourth paragraph referring to BLM's impact statements for the Eugene area~ Motion carried unanimously. Resolution No. 2117 - Dedicating October 31 as UNICEF Day was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resal.ution. . .Rollcall vote. Motion car- ried, all councilmen present voting aye. Resolution No. 2118 - Changing authorization re: Safe Deposit Boxes from Berman P. Hendershott to A. K. Martin was submitted. r . Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollca:j.l vote. Mot ion car- . . ried, all.councilmen present. voting aye. Resolution No. 2119 - Calling hearing November 6, 1972 re: Withdrawing from Oakway Water District that area recently annexed on Calvin Street north of Harlow Road (Kehoe) was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. Motion car- ried,all councilmen present voting aye. Resolution No. 2120 - Authorizing payment of bills and claims for period October 9 through 24, 1972 was submitted. Councilman Williams questioned the first item on the list of accounts payable over $1000 - Chicano & Native American Affairs Center for surv~y in the amount of $1,233.10 - asking if that much money fqr. that purpose. was approv~d. Manager said the money is available as part of the Human Rights Commission budget. Mr. Williams wondered h0w much more money would be needed for this type survey and to what use such surveys will be put by the City. Councilman Mohr said LCAP was to provide $900 toward a survey of the American Indian in urban centers to be conducted by the Chicano & Native American Affairs Center. He said that alloca- ~.. tion would not be granted if the City is funding the survey. Manager suggested holding pay- ment of this item until a report could be returned to the Council on the allocation. In answer to Mr. McDonald, Manager said the report would include information on the amount of money budgeted for the Human Rights Commission. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution, holding the payment of $1?233.10 to Chicano & Native American Affairs Center. Rollcall vote. Motion carried? all councilmen present. voting aye. .32./ 10(24(72 - l.6 (As a matter of record the following was distributed to Council members with committee agenda of November 1, 1972, and the payment in question was thereafter released. ".. . The 1972-73 budget contains $4000, entitled Special Research Proj ects for Advisory Committees. The survey did not show as a line item but was explained when the budget item was discussed. The Human Rights Commission made the decision . to proceed with the survey and authorized a contract for $2,670. Contract was signed by Manager on the 11th of September. The contract was limited to the Ci ty limi t8. LCAP money was appropriated to include the urbanized area outside the City. The scope of the project was to identify members of both minority groups, location, type of housing, employment and economic status, job oppor- tunities, educational status, and. their perceptions of their own needs and com- munity problems. It is proposed that the survey will develop a report to the Mayor and City Council.") Mrs. Campbell said several people have asked her about the City's policy with regard to drinking on public property, referring to Autzen Stadium. Manager replied that the Stadium is University property and is not the City's responsibility. Upon motion. duly. made, seconded, aI)d. carri~d, . the meeting was adj ourned. e . . ~ .. ./~~ Hugh McKinley City Manager . -- -. 3J..~ 10/24/72 -11 /~- -