Loading...
HomeMy WebLinkAbout11/27/1972 Meeting " .... Council Chmber ~. Eugene, Oregon November 27, 1972 Adjourned meeting of the Common Council of the city of Eugene, Oregon -adjourned from the . regular meeting held on November 6, 19~2 - was called to order by His Honor M~yor Lester E. Anderson at 7:30 p.m. on November, 27, 1972 i~, th~ Council Chamber with ~he following councilmen present: Mr. Mohr, Mrs. Beal, Messrs. McDonald, Teague, Williams, Hershner, and Bradshaw. Mrs. Campbell was absent. I - Presentation of Flags - Mike Feig, 345 East 50th Avenue, Downtown Activities Chairman for the Eugene Downtown Association, presented a United States flag and an Oregon State flag to the City. He asked that they be flown in the central plaza of the downtown mall. Mayor Anderson expressed appreciation on behalf of the Council and City. II - Proclamation, Canvass of votes cast in November 7, 1972 election - Presented and read show- ing the following results: For Against Measure No. 51 - Establishing New Tax Base Defeated 18,420 18,783 Measure No. 52 - Street and Sewer Improvements Passed 20,358 18,993 Measure No. 53 - Parks and Recreation Passed 2 3 , 862 16,001 Measure No. 54 - Creating Housing Development Fund Defeated 15,996 22,645 I Measure No. 55 - Auditorium/Convention Center D'efeated 18,271 '22,751 Measure No. 56 - Requiring Voter Approval for Restricted Access Thoroughfares Passed 24,885 14,496 Mayor Lester E. Anderson Elected 26,830 . Leslie D. "Les" Erb 10,246 Gori Pizzella 1,889 Write-ins 18 I Councilman Ward I R. A. "Gus" Keller Elected 4,873 I Fred J. Mohr .4,399 Write-ins 2 Councilman Ward II Wickes Beal Elected 3,255 David Gwyther 2,171 Rex Newton 436 Hope H. Pressman 2,959 Write-ins 2 Councilman Ward III Terrence R. McDonald 1,931 Neil Murray Elected 3 ,0 40 A. Dean Owens 2,904 Write-ins 5 Councilman Ward IV Charles E. Teague 4,569 Robert E. "Bob" Wood Elected 4,609 . EWEB Member Ward I Gerald S. "Gerry" Moshofsky 4,551 I I John S. Reynolds Elected 4,771 Write-ins 4 Mr. Mohr moved seconded by Mrs. Beal to accept the proclamation. Motion carried unanimously. III - A. Appeal, Southridge PUD, North of 52nd and west of Willamette - Submitted by Margaret Schnabel, 25 East 48th Avenue, and four other residents of the area, appealing the October 24, 1972 decision of the Planning Commission granting final approval of South- ridge PUD Phase I on about 33 acres for 128 dwelling units. The final approval was granted on the following conditions: 0' l- One access road is desirable, rather than a split system as indicated. This single entrance road should occur where the proposed one-way exit road is situated. (This location materially reduces grade problems of the former location.) 2. Phase 1 final approval does not include any of the proposed development west of the westernmost "A" buildings or pool-recreation complex. This -- "B" buildings-parking structure area, with ancillary roads and walks must be approved separately subsequent to receipt of adequate information for staff evaluation. 3. The developer shall provide adequate intersection street lighting to City standards at his expense. ~o5 11(27(72 - 1 ..., 4. The developer shall not be required to put in sidewalks to the south line of Phase 1, except if Willamette is improved, and the principal walk down to the future bus stop must be at least 5' 0" wide and be hard-surfaced for both pedestrian and bicycle use. e 5. Fire sprinkler systems and fire hydrant locations shall be determined and specified as required by the Superintendent of Building Inspection prior to application for any building permits. 6. Private street signs and stop signs at entrance roads will be installed by the City, but paid for by the developer. 7. Lighting to the interior shall be:' installed when public transportation is available to the area. 8. All concerns of the Public Works Department must be resolved prior to issuance of any building permits. The appeal was based on the contention that there was error or abuse of discretion by the Planning Commission, and that the Commission's decision was not supported by evidence in the record. B. Appeal, BALSM PUD, southwest of Donald and west of Fox Hollow Road - Submitted by '. Paul E. Lawrence, 5426 Donald Street, and three other residents of the area, appealing the decision of the Planning Commission on October 24, 1972 granting final.approval of BALSM PUD Phase I for 42 dwelling units on about seven acres. The final approval was granted on the following conditions: 1. Entrance roads must be 28 feet wide to the first intersection. 2. Paving petitions, dedications, and necessary slope easements as may be required by the City and/or County must be submitted prior to application for the building permit. 3. Private street signs at entrance drives will be installed by the City, but paid for by the developer. 4. A preliminary subdivision plat necessary for condominiums must be approved by the Planning Commission prior to issuance of any building permits, but the filing of the final plat may be deferred until founda- tions are actually located. 5. All Uniform Building Code Chapter 70 earthwork must be done concurrently for Phases I and II along Donald Street and Fox Hollow Road - at least to the south extremity of Phase I (south of the Fox Hollow entry). Phase II . building construction may be deferred but the Fox Hollow entrance must be installed with curbs, gutters, and paving. 6. .Prior to issuance of any building permits, the applicant must submit and the Planning department and City Attorney approve a Homeowner's Association agreement assuring permanent maintenance of all on-site"streets, semi- private (group) open space and recreation facilities, and building ex- terior appearance. Ralph Aldave, 4150 Pe~rl Street, attorney representing appellants in both instances, said the burden of meeting the criteria. required by the ordinance should lie with those seeking the permits. Evidence in establishing that these criteria have been met, he said, should be competent and in such detail and of such quality to establish that the development will not cause congestion and that there are facilities to serve it. He maintained that evidence has been rath.er sketchy on these points. With regard to the 1990 Plan, Mr. Aldave claimed the developments do not meet the Plan's requirements for compact urban growth and sequential development, saying there is similar land within the City which has not been developed. These, he said, being at the extreme fringe of the City will not have police and fire protection to any extent. Neither do the developments meet the 1990 Plan concepts in that public funds will have to be spent '..' to provide utilities. Hesa~d EWEB plans to spend $141,000 during 1973 to provide services to Southridge. Mr. Aldave said the least expensive unit in the projects will rent for -. about $170 so that the 1990 Plan provision for increased low- to.moderate~income housing is not being met. Also, if the development is permitted it is taking priority over any study of the south hills area and will conflict with goals of preserving the scenic hill- side areas. The type of dwellings proposed - apartments in seven-story buildings - will be incompatible with that area. 33lo 11/27/72 - 2 Mr. Aldave said there is no substantial evidence to show that traffic congestion will not result. The decision in this respect, he said, was based upon opinion. He maintained that a certain standard has to be accepted for evidence and that the courts cannot review a case where there is no evidence against which to measure; the Planning Commission in his view based its decision upon the fact that resulting congestion from these developments ... would be no worse than in any other area in the City. With regard to facilities and ~ services, inadequate fire protection has been established, he said, by the recent election - on adding fire stations and equipment. And some of the .schools in the area are already overtaxed. Mr. Aldave argued that the developments would not enhance the living environ- ment because of the further burden on schools, traffic, shopping centers, increased noise and air pollution, and that they are not in a typical planned unit development area, being at the end of a valley with only one way out. The area, he said, would best be devoted to a park, preserving the ridgeline. Mr. Aldave said a decision on granting the PUDs should be delayed until completion of the ridgeline park study. The developments, he continued, violate many of the. goals of the 1990 Plan, do not meet the criteria of the planned unit development ordinance,.and should have been denied. Rick Cleveland, 260 East 11th, attorney representing the Southridge developers, commented on the length of time taken on these developments. He offered and asked the Council to take into consideration the entire contents of the record to date - all data, maps, charts, I models, minutes of both Planning Commission and Council - of criteria when decision was made on preliminary approval. He said all of the criteria was processed in public hear- ings and decided upon in that preliminary approval, conditions of which were met and statements entered in the record by the design team and owners as to how they were met when .'. requesting final approval. He said this would not seem to be "sketchy" evidence' as to com- . pliance with required criteria. -- With regard to sequential development and comp,act urban growth, Mr. Cleveland argued that the developments are within the urban service boundary of the 1990 Plan and do not create I a larger urban .service area. The EWEB expenditure referred to by Mr. Aldave, he said, I will include the cost of a reservoir and provide facilities for serving the entire area. He said there is evidence to show that the cost of schools will be more than met by resi- dents of the developments, and that the density is within the single-family zone,require- ment - six units per acre. Also the record shows testimony of a qualified traffic engineer on adequacy of existing and planned streets with regard to "congestion," Mr. Cleveland said, and he is confident that there is sufficient evidence to that effect. He protested the existence of the Southridge appeal, saying all of these issues were pre- sented before and the Council should act with full findings accommodating elements of the ordinance. He asked that the form of motion be made in consultation with legal counsel to protect the record and asked that Southridge Phase I be permitted. John Mulder, 1147 High Street, attorney representing the BALSM develppers, said the in- tent of Section 9.780 of the Code, particularly with regard to final approval, was that appeals be limited only to summary statements as to issues on record. The only issue be- fore the Council, he said, is whether the Planning Commission erred ,in making its decision relating to the planned unit development ordinance. The inclusion of new.material at this." point is outside the area of the Code and should be denied. He maintained that the re- cord is most complete in its present condition and read from minutes of various meetings of the. Planning Commission and Council at which the planned unit development permits were I considered in public hearing. . Mr. Mulder said BALSM does not contemplate building apartments, rather they will be build- ing units for sale, and they will be compatible with other development in the area. Open space to the extent of 78% of existing BALSM acreage will be created and maintained through private funds. With regard to the contention-that the development does not proper- ly consider traffic, schools, shopping facilities,fire and police protection, Mr. Mulder stated that the Code makes it the responsibility of the Public Works Department to see that these requirements are met, and the Public Works Department has on severql occasions reported to the Planning Commission and Council its findings in this respect. He referred to the appellants' contention that the Commission erred in considering the BPA easement area in calculating the number of units which could be built upon the site, and said this as well as all other issues brought.up were intensely covered as reflected by the Council and Planning Commission minutes. With regard to the request for delay of the projects, Mr. Mulder said this first came to the.Planning Commission in April 1971 as a petition for annexation of the property with .' subsequent postponements for consideration of questions raised about impact on traffic, IIIri schools, and density. In addition, several public hearings were held in connection with . obtaining planned unit development approval. He detailed action by the Boundary Commission, Planning Commission, and Council and read portions from minutes of those meetings having to do with consideration of whether traffic congestion would occur, whether schools would be overburdened, and whether impact on density of the area would be undesirable. He said ~ ~ 1 11/27/72 - 3 ~ the BPA easement area is to be used for open space and should be included in the BALSM development. Mr. Mulder concluded that a year and a half and 17 hearings to consider all of the record would not 'appear to be inconsiderate 'of the needs of the community, and that those opposing th~ projects are not considering a balance between growth and conserva- -~ tion of the environment. He said denial of the projects would injure the PUD concept. He asked denial of the appeal, saying the BALSM project in no way interferes with the ridgelinepark concept, that there is no better way to allow new living units,bas~d on a five- to six-year buildi~g program. Mayor Anderson called for comments from the audience, saying the issue is whether there are errors in findings on record on Which th~ decisions of the Planning Commission were made. Comments should.be based only on evidence which has been presented to -this point. Bob Suess, 260 East 38th' Avenue, asked when the original PUD ordinance was ado~d, and was told that it was in March 1968. Mr. Suess favored the PUD concept and said these developments would not attract the type of family which would have school-age children. He advocated permission to proceed with the projects and suggested the appellants peti- tion for City purchase of the balance of the hillside areas for park purposes if they dislike seeing re~idential development in th.ose areas. In answer to Mrs. Beal, Mr. Mulder said a firm sale price could not be given on units be- cause of rising building costs, but at this time about 103 units are scheduled to sell for about $22,000 each. Further, that the projects are privately financed, there is no Federal money involved, and all improvements - streets, sidewalks, sewers, etc. - will be privately financed. e Mr. Mohr moved seconded by Mrs. Beal on behalf of the Council to affirm the, action taken by the Planning Commission on the Southridge Planned Unit De- velopment and finds: (1) The final development plan of the Southridge Planned Unit Development conforms.to all applicable criteria and Btandards of planned I unit development regulations and procedures; (2) the plan conforms in all sub- stantial respects to the development's previous planned unit development pre- liminary approval; and (3) the Planning Commission's approval of the develop- ment's final development plan was not in error, was not an abuse of discretion, and was supported by evidence in the record. Mr. Mohr confirmed Councilman McDonald's question that the motion as stated was formed with legal counsel. Mrs. Beal said she would vote against the motion, not because the Planning Commission was in error since.:the record is clear. She said her vote against the projects is because she feels the costs of any new developments of this size and magnitude at the edge of the City have always cost the City and the taxpayer more in extension of services and new facilities than:is brought in in increased valuation. Before a development of this type is approved, she continued, these,costs should be.known then some decision can be made as to who will pay them. .' Councilman Teague asked the Planning Commission Chairman, James Pearson, if there,had been any testimony presented at this hearing which the Planning Commission had not had an opportunity to consider. Mr., Pearson replied that although he, had, not heard all of the presentation, the Commission did make new findings in fact in granting final approval of these limited first phases of Southridge and BALSM developments. What additional testimony was presented to the Commission in considering the final approval was largely repetitious, he said, and he had heard nothing this evening that was not heard in the hearings on final approval. Mr. Anderson reminded the Council the record is what is under consideration, not new testimony. Vote was taken on the motion as stated. Motion carried, all councilmen present voting aye, except Mrs. Beal voting no, Mr. Hershner abstaining. Mr. Mohr moved seconded by Mrs. Beal on. behalf of the Council to affirm the action taken by the Planning Commission on the BALSM Planned Unit Development and finds: (1) T.he final development plan of the BAf;SM Planned Unit Develop- ment conforms to all applicable criteria and standards of planned unit development regulations and procedures; (2) the plan conforms in all substantial respects to tIE development's previous planned unit development preliminary approval; and -: (3) the Planning Commission's. approval of the development's final development plan was not in error, was not an abuse of discretion, and was supported by - evidence in the record. . Motion carried, all councilmen present voting aye, except Mrs. Beal voting no. C. Rezoning - West side of Chambers between 18th and 23rd from R-l to R-3 (Mulder) Planning Commission recommended denial on. October 3, 1972. Hearing before Council continued trOJD No.vember 6 ~ 1~_~2. 338 11/27/72 - 4 Mr. Mulder asked that the petition be referred back to the Planning Commission. He said the Planning Commission felt rezoning to R-3 would be issuing a "blank check" to the 23 individual properties involved in the petition. He suggested the area might be>:oet,ter suited to a low-cost housing development and suggested that an appli- cation for that type development could be worked out upon referral. Staff opinion was that. Council had obligation to take action on the R-3 request sub- . mitted and that any future request should come back through the Planning Commission in the normal procedure. Referral to the Commission at this point would occur only if the Council differs with the Commission recommendation. Mr. Mulder called the petition unique in that it was filed by 23 applicants and involved 23 separate legal descriptions which would entail considerable time and effort if a new application were to be filed. Staff felt agreement between the 23 petitioners on an amended proposal would be no more difficult. Mr. Mohr moved seconded by Mrs. Beal to deny the r~zoning requested. Councilman McDonald said he felt the propo~al in a way does constitute strip zoning. He commented on the normal procedure of referral only in the event of disagreement on a zoning issue and felt these requirements should be met. Vote was taken on the motion to deny. Motion carried unanimously. I D. Levying Assessments - Previously exempted properties 10th and Oak Overpark District Council Bill No. 119 - Levying assessments and declaring benefited previously . exempted properties in 10th and Oak Overpark District, was submitted and read the first time by council bill number and title only, there be- ing 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 I bill number only, with unanimous consent of the Council, and that enactment be considered I 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 16658. E. Withdraw from Oakway Water District recentlyannexed-Oakway Golf Course property Council Bill No. 120 ~ Withdrawing from Oakway ~ater District the Oakway Golf Course property recently annexed tO,the City, was submitted and read the first time by council bill number and title. only, there being no council- man present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. 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 second~d 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 16659. F. Vacations l. Easement between West 1st and Southern Pacific tracks west of Grimes (Harrison) 2. Street between Bethel Drive and Pattison from Bethel Drive to Highway 99 North ( Gassman) 3. Easement on north side of Willakenzie between Coburg and Cal Young (Service Developers) 4. Easement between West Leigh and Kevington east of. Bailey Hill (Hult) 5. Easement between Judkins Road and 1-5 west of Henderson (City) 6. Easement east side of Carmel 275 feet south of Minda (Knoedler) Planning Di~ector explained that ~he easements being. considered for vacation are no longer needed and are of no value to the public. Vacation will remove the encumbrances - which are preventing proper development of the properties. Where needed, easements in other locations are being provided. The street in the Bethel Drive area has never been used as a street and is being exchanged for additional dedication for Highway 99. Council Bill No. 121 - Vacating easement between West 1st Avenue and Southern Pacific tracks west of Grimes Street, was submitted and read the first time by council bill num- ber and title only, there being no councilman present requesting that it be read in full. 3~q 11/27(72 - 5 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 16660. Council Bill No. 122 - Vacating street between Bethel Drive and Pattison Street from Bethel Drive to Highway 99 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. 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 16661. Council Bill No. 123 - Vacating easement on north side of Willakenzie Road between Coburg Road and Cal Young Road, was submitted and read the first time by council bill e number and title only, there being no councilman present requesting that it be read in full. Mr. MOhr moved seconded by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent~of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Mohr moved seconded by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16662. Council Bill No. 124 - Vacating easement between West Leigh Street and Kevington east of Bailey Hill Road, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. 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 16663. , Council Bill No.125 - Vacating easement between Judkins Road and 1-5 west of Henderson 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 the Council, and that enactment be con- sidered at this time. Motion carried unanlmously 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 16664. . .. .... Council Bill No. 126 - Vacating easement on east side of Carmel Street 275 feet south ,of Minda 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 seconq.' tiJIle 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 16665. 340 11/27/72 - 6 G. Annexation. ~ North. of Kourt Drive, 500 feet more or less west of River Road (Dillon) 2.68 acres - PLmningCommission recommended denial October 24; 1972. . Comm Mr. Mohr moved seconded by Mr. Williams to schedule for public hearing 11/22/72 at the.November 27 Council meeting. Motion carried unanimously. Pub Hrng ~ Mr. Mohr moved seconded by Mrs. Beal to recommend to the Boundary Commission ~ that the annexation be denied. Motion carried unanimously. H. Code Amendment - Hearings Official Procedure )imending- Code ie:HeaIIngs-Official-~Planni.ng--cominission November -ii, 1972re-corr,::-- ,mended approval of amendment to ci ty Code whi ch (1) establishes a posi tion. of :Hearings Official; (2) establishes procedures whereby the Hearings Official con- :ducts hearings and approves or denies conditional use permit requests; (3) estab- :lishes appeal procedures from the decision of the Hearings Official; and (4) changes portions of the Land Use Section of the Code to accommodate the position of Hearings: ,Official. Background material wi th regard to the recommendation was previOUSly ~distributed to Council members. Under the proposed procedure Hearings Official rather than the Planning COnmUssion would consider conditional use permit requests. The Hearings Official, who,would I very likely be an attorney, would be responsible for transmitting to the Planning comndssion along with his decision a written transcript of the hearing. Appeals from his decisions would be made to the Planning comndssion rather than to the City Council, thence directly to the courts. Funds have been budgeted for the position. .... It is felt this procedure will Educe the amount of routine work with which the ,., Planning Comndssion is now involved and give more free time for basic planning ,~ , acti vi ties. ,Councilman Williams questioned the procedure of bypassing the Council in t~e appeal i I procedure. Manager replied it was fel t that one appeal before a public body above :.: I the Hearings Official would be sufficient to provide the derrocratic process and ; protection for those people who feel they have been injured. Planning Director I said that the Planning Comndssion felt it was their responsibility to hear the ap- i peals. He said the Planning Commission president would be prepared to present the Comndssion's thinking on the procedure at the November 27 Council meeting. , jcouncilman McDonald asked whether requests such as the Citizen's Bank with regard J to locating a branch on the corner of Coburg and Cal Young would be eliminated from; ~l consideration by the Council under the proposed procedure. It was pointed out that, I \ the Hearings Official would consider only requests for condi tional use permits, land would not consider rezoning petitions. ' Comm 1 11/22/72 !Mr. Mohr moved seconded by Mr. Williams to schedule public hearing on the proposed Pub Hrng amendment at the_ November 27 Council meeting. Motion ,carried unanimously. ~Planning Commission recommendatinon of November 8, 1972 was read. ~ Council Bill No. 127 - Adding to and amending Code and repealing Section 9.708 re: Hearings Official and Conditional Use Procedures, was submitted and read the first time by council bill number and title only, there being no council- man present requesti,ng tlat it be read in full. Councilman McDonald asked if the hearings official will be paid for his services. Manager explained that funds were included in the 1972-73 budget for the position which will probably require an attorney. 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 ~onsidered 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 16666. I. Bids - Public Works Department (Opened November 7, 1972) _~. "Contract Cost to Cost to Amount .. Project and Name of Bidder Cost Abutting Property City Budgeted Paving Alley between Willamette and Oak from 15th to 16th (912) Shur-Way Contractors $ 5,899.54 $ 10.17 14' Pvng -. Wildish.-Construction Co. 5943.29 119.13 San Sery (1) . '. . . , Deye~eaux & Pratt 6~649.30 Completion Date: January 19, 1973 ~+\ '-\ 11(27(72 - 7 Amazon Bike Trail from 15th and Jefferson to 16th and Friendly (909) Shur-Way Contractors $ 7,172.63 - $ 7,172.63 $ 8,300.00 Devereaux & Pratt, Inc. 7,497.14 Engr Est - Wildish Construction Company 7,812.90 2,600.00 Cushing Bros., Inc. 9,652.80 Budgeted Completion Date: July 13, 1973 Sanitary Sewer On Bertelsen Road from 11th Avenue north to Amazon (90.8) Shur-Way Contractors 14,196.36 Lat 0.087 sq.ft. - Kenneth R. Bostick Construction 18,378.00 Serv 507.50 ea (5) Wildish Construction Company Bid Incomplete Levy 0.005 sq.ft. Completion Date: January 1, 1973 Between 9th and 11th from McKinley to City View (910) Shur-Way Contractors 1,362.00 Lat 0.029 sq.ft. - Kenneth R. Bostick Construction 1,535.70 Levy 0.005 sq.ft. Wildish Construction Company 2,179.00 Completion Date: December 22, 1972 Storm Sewer Between Bertelsen Road and Bailey Hill Road from 11th to 18th (880) . Shur-Way Contractors 57,283.21 Hult $10,322.00)By agreement Wildish Construction Co. 59,133.10 Jagger 12,276.00) II II Kenneth R. Bostick Construction 61,482.50 $38,985.00 $64,765.00 Devereaux & Pratt, Inc. 73,725.28 Cushing Bros.; Inc. 77,996.75 Completion Date: July 13, 1973 Within Replat of:Shasta Gardens(684) Kenneth R.Bostick Construction 14;461.60 Colburn $12,270.00 By agreement Shur-Way Cortractors 16,064.20 4,646.00 4,410.00 Wildish Construction Company 16,546.00 Cushing Bros., Inc. 18,000.00 Devereaux & Pratt, Inc. 20,179.72 Completion Date: July 13, 1973 Orr Lane Intake (857) Wildish Construction Company 6,60l.00 - 6,601.00 1,750.00 Shur-Way Contractors 6,944.00 Completion Date: January 1, 1973 Assistant Public Works Director reviewed the bids and made the following recommendations: Paving alley between Willamette and Oak from 15th to 16th - estimated cost revised to $9.60. Recommended award to low bidder - Shur-Way Contractors for $5,899.54. . Construction of Amazon Bike Trail from 15th and Jefferson to 16th and Friendly - funds for construction budgeted on basis of asphalt surfacing. Parks subsequently recommended concrete surfacing on which basis the bid was called. In view of effect on the balance of this bicycle route, review by Bicycle Committee was recommended to determine whether to call new bids on asphalt surfacing or reject. Sanitary sewer'on Bertelsen Road from 11th north to Amazon - petitioned by contract pur- chaser, and.no firm agreement on who will accept the assessment. Recommended award to low bidder - Shur-Way Contractors for $14,196.36 - subject to owner's acceptance of cost. Sanitary sewer between 9th and 11th from McKinley to City View - recommended award to low bidder ~ Shur-Way Contractors for $1,362.00. Storm sewer between Bertelsen Road and Bailey Hill Road from 11th to 18th - recommended award to low bidder - Shur-Way Contractors for $57,283.21. vStorm sewer within replat of Shasta Gardens - recommended award to low bidder - Kenneth E. Bostick Construction Company for $14,461.60. Orr Lane Intake - considerably higher than budgeted because of relocation on account of easement problems. Considered a problem spot for winter drainage. Recommended award to - low bidder ~ Wildish Construction Company for $6,601.00. - Letter of Protest to the paving of the alley between 15th and 16th, Willamette and Oak was read from James Allen, Pendleton, Oregon. Councilman McDonald asked with reference to the bid on construction of the Amazon Bike Trail if the item would come back to the Council for further consideration if it is re- fer-red to the B:t..crcle CO!Drrd,.ttee. He also s,uggested viewing :,=he s:,=orm ir:take .proposed on Orr Lane because of the difference between the budgeted funds and the bld prlce. ..3-+2- - 11/27/72 - 8 Manager explained that there is $12,000 budgeted for bicycle paths, and the portion of the Amazon trail bid would take about $7,000 of that amount were it to be constructed with concrete surfacing. It was felt the Bicycle Committee should lllake a recommendation as to whether they would prefer proceeding with concrete and deleting some of the other bike projects from the total budget year, or whether they would prefer to rebid with asphalt surfacing. With regard to the Orr Lane Intake, Manager described the drainage . problem and work encountered by City crews in clearing private storm drains (50-gallon drum construction). It is felt the cost of constructing a proper storm sewer would be more than offset by savings in maintenance and crew costs as well as developing a proper storm sewer system. Councilman Hershner asked for staff comment. on the claim by Mr. Allen in his protest to the alley paving between 15th 'and 16th, Oak andWillamette, that because construction is being done during winter. months it will cost more. Assistant Public Works Director said the cost was compared to that on projects completed earlier in the year and were found to be comparable. In answer to Mrs. Beal, he said the frontage represented by Mr. Allen's ownership is 187 feet out of a total of 668. Manager said the paving would, probably improve marketability of Mr. Allen's property which is commercially zoned, this in answer to Mrs. Beal. Mr. Mohr moved seconded by Mrs. Beal to award the bids to the low bidder on each project, except that the Amazon Bike Trail bid be referred to the Bicycle Committee for recommendation, and that bid on Bertelsen Road sanitary sewer I from 11th to the Amazon be awarded to the low' bidder subject to agreement on payment of its cost by owner of abutting property. Rollcall vote. All councilmen present voting aye, motion carried. . IV - Items., Considered With One "Motion Previously discussed at committee meetings on November 8 (Present: Mayor Anderson; Councilmen Mohr, Beal, Teague, Williams, Hershner, Campbell, and Bradshaw) and November 22, 1972 (Present: Mayor Anderson; Councilmen Mohr, Beal, McDonald, Williams, Hershner, and I Bradshaw; Councilman-elect Murray ). . Minutes of those meetings appear below printed in italics. A. Community/School Program - Copies of a proposal for a pilot community/school pro- gram in the Eugene area were previously distributed to Council members. Judge Edwin E. Allen, 3140 Nob Court, chairman of a co-ordinating advisory cOnmllttee comprised of representatives from the City, School District 4J, Bethe.1 School District, LaneCommunity College, and Lane County, reported on activities of the committee with regard to presenting the proposal for implementation of a program which would make community/school buildings and playgrounds availahle for use of the general community which surrounds them. The program would not exclude use by the general overall community, but major users would be those in the smaller neighborhoods and would be within the bounds of financial resources. Priorities would be determined by members in the neighborhoods interested in using the facili ties. The Advisory COnmllttee is suggesting a program to be patterned after that in . existence in the Bethel area funded by Federal grants or those made available through' school district budgets. Before entering into discussions about financial arrangements it was felt important and necessary to have overall administrative control because of the overlapping of governmental entities in each of the areas in wpich facilities are located. It is not felt desirahle to create another entity for the sole control of this program; it was felt desirable. .to decide upon . the administering agency and have agreement by all agencies involved to that agency's administration prior to discussing specifics of the program, which it is anticipated will involve an initial annual budget of $183,000 for 10 locations. ' Because of Eugene's experience in parks and recreation area and administrative organization, theCouncil was asked to authorize the city of Eugene as administer- ing agency, .then other governmentaluni ts involved will be approached for agree- ment on that arrangement. 'Judge Allen said no financing arrangement has been reached and will not be considered until a decision is made as to whether the City will be willing to administer the program. Manager agreed that the most logical choice for administration of the program would be the City because of its organizational and administrative structure. He said if the program is funded. and the Ci ty is reimbursed for any costs, there appears to be no reason why it cannot be administered under the City's existing structure. -- In answer to Councilman Hershner's question with regard to whether the City. would be administering those areas outside the City, Judge Allen said it would. He said it would be necessary, probably under a contractual arrangement, in order to avoid creation of a new agency or administration of the program by several small separate uni ts. '343 J 11127172 - 9 In answer to Mrs. Campbell's question as to whether funds would be taken away from other necessary programs such as Planned Parenthood, Health, Child Care, etc., e Judge Allen said there are no financial proposals at this time; it is necessary to set up an organization first and the governmental enti ties involved 'will be responsible for setting priorities. Manager said the question is whether the City would be willing to operate the program if it is funded for an overhead fee covering costs without any comndtment to its funding at this time. Dave Pompel, Parks staff, and Councilman Bradshaw remarked on the program in existence in the Bethel area administered by the Ci ty through grant funds :.... - its success and acceptance by that neighborhood. Councilman Williams expressed concern about authorizing administration of a pro- gram before giving permission for its implementation and asked if details of the Bethel program's operation could be made available. I Mrs. Beal moved seconded by Mr. Williams that if further examination of details of this program prove it worthwhile and if the City decides to fund it to a modest degree the Council would be willing to authorize the Parks Department to manage the program. In answer to Mrs. Campbell, Judge Allen said it is not contemplated to involve LCOG in the functioning of this program. e Councilman Bradshaw invited Council members to a grand opening ThurSday, Novem- ber 9, of the branch library in the Bethel area which he said is a result of the community/school program there, and said people in the Bethel schools would welcome visits and questions from Council members on details of the program. Comm 11/8/72 I Vote was taken on the motion as stated. Motion carried unanimously. Approve B. Mall Photography Permit - Eugene Downtown Association - Eugene Downtown Associa- tion applied for permit to allow a commercial photographer to take pictures of children visiting Santa Claus on the downtown mall from November 11 through December 23. Council authorization is required for commercial activities on the mall. Staff sees no reason to object other than possible questions from people who may wish to compete for the opportunity to engage in the photography opera- tion. Time element is involved in that proper equipment must be acquired and arrangements made with a photographer. Mr. Williams moved seconded by Mr. Teague to approve the permit as requested. Mike Feig, speaking for the Downtown Association, answered Mrs. Campbell's question with regard to method of selecting a photographer. He said special equipment is required and people have to be contacted who will be willing to .. do the work. He said bids could be asked for but it would crowd them for time. Councilman Hershner asked whether the EDA will receive any part of the profit from the sale of pictures and whether the charge is made at the discretion of the person who undertakes the work. Mr. Feig replied that there will be about 259 per picture profit after paying the expense of film, mailing, and assistant to take orders, etc., which profit will go to charitable organizations; EDA will receive nothing from the operation. In answer to Councilman Williams, Mr. Feig said there would be no interference with parents wishing to take pictures, nor would there be any selling. The service will be for those wishing pictures who do not have cameras with them. Comm 11/8/72 Vote was taken on the motion to approve the permit. Motion carried unanimously. Approve C. Auto Wrecker License, Gunderson White Trucks, Inc., 2200 West 6th Avenue - Re- quested renewal of license, staff has no objection. Comm Mr. Mohr moved seconded by Mr. Williams to recommend approval of the license. 11/22/72 Motion carried unanimously. Approve D. 'Commercial Permit, Downtown Mall - Request was received from Marsha Reinertson, - Route 4, Box 246, for permit to sell mistletoe in the mall on Saturdays from November 25 to December 23. Manager suggested blanket authorization to permit - :this type of traditional activity rather than considering each request individuallY'i Mrs. Beal asked whether this authorization would permit Saturday Market type : :merchandise to be sold on the mall. Manager suggested restricting the permits to I 'the sale of traditional Christmas type items to allow better control of commercial activities in the mall. ~- .----.----.,.----:~'".-::.:--- ...,....'""; .::--. 344 11/27(72 - 10 -- . ~.-._----- ~-- .-- -- __4_---... _ ._. - ---- .'-'-- - Mr. ,Williams ~ved seconded by Mr. Mohr to authorize the Manage.r: at his discretion Comm to ~ssue perrru. ts during the Christmas season for sale of tradi tional Christmas 11/22/72 items. Motion carried unanimously. . Approve . eJ. Funding, Planned Parenthood Association - Councilman william;'-~~piained the program of the Planned Parenthood Association and said activities in that area will cease unless financial assistance is forthconUng from the community. Copies of the program together wi th budget information and letters of endorsement from other agencies in the community were previously distributed to Council members. Approxi - ( mate1y $6850 is needed by the Association to carry its activities through J'une 30, 1973. The City is asked to provide $3500 on a l-for-l matching fund basis, $1000 to be paid immediately upon 'approval by the Council, the balance to be paid upon I notice of receipt of funds by the Association from other agencies to make up the total of about $6850. It is felt this arrangement will allow continuation of the Association's services to the community and an opportunity to put themselves on a more practical financial basis between now and June of next year. Michael Chulada, executive director of Planned Parenthood Association, explained the alternative budgets presented, and said the Association could not continue its I services without support from the community. He said this is the only private agency in the community providing this type of service and that LCOG had identified ifanU1y planning as a high priority community health problem. Councilman McDonald expressed concern about services provided by the Agency in dis- ; - ;persing information and referrals on contraception. He asked whether the request J was reviewed by the Budget ComnUttee. Councilman williams replied that it did not go through the normal budget process because at that time the need for funds was , unknown. It was referred to LCOG as the normal agency to assess social welfare programs and LCOG supports the Association's program. I I ,Councilman Hershner remarked that the letter from LCOG endorsing the program is ,very general and wondered whether a recommendation should be more specific with re- gard to whether the City should provide funds. Manager replied that LCOG at budget ,time has analyzed and made firm recommendations with regard to community health prog rams . Mr. Mohr suggested asking LCOG for a recommendation in this instance to be made available for the Council meeting November 27. Councilman McDonald said he felt the request should go through the budgeting process ,and stated his opposition to the entire program. I : Councilman Hershner said that without commenting on the desirability of the programs : themselves he would have reservations about the use of public funds in support of ,private eleemosynary or social goals programs, especially in a situation where the ! City is losing a certain degree of control on how the money is used. He said too , it seemed in effect to make contributions for the people of Eugene without their Mr. Williams commented about City involvement in drug control, the . permission. ~. iShelter House, alcoholism, and other social services needed in the community, and , said the prevention of unwanted children should be of highest concern. He said ,funding cannot wai t until the next bl.u'!get is- prepared and is needed now if the I 'services are to be continued. , iMr. Williams moved seconded by Mr. Mohr that the Council tentatively appropriate ;$3500 to the Planned Parenthood Association on a l-for-l matching fund basis, ~$l090 to be paid immediately upon approval and upon receipt of priority ranking 'and recommendation from LCOG, the remaining $2500 to be paid upon receipt of !evidence of matching funds being provided by the Association. i ' ! I fM"': Mohr commented that q~estlons always seem to be brought up when funding is ! ',rEwuested for soc~a1 serv~ce types of programs, never when funds are requested for i var.ious kinds of civic programs. He felt each program should be considered in ,terms of necessary support a City nUght provide. Councilman McDonald reiterated his objection to the entire Planned Parenthood :pro~ram, saying he felt it a moral and spiritual responsibility to oppose support i 'of' it. I (Councilman Hershner said it was his understanding the Charter amendment initiating ! - 'the room tax was adopted with the idea that allocation of those funds would be for the types of programs for which they have been used, but his concern is when it is proposed to use public funds for general requests. He favored having a direct recommendation from LCOG rather than only an endorsement of the program. 3\\5' 11(27(72 - 11 Manager explained that there is an administrati ve procedure whereby control is provided over grants to pri vate groups. Contracts spell out responsibili ties as I to use of money, kinds of services to be provided which could not be provided by 'the City otherwise, together with an auditing procedure. ~MaYOr Anderson questioned Mr. Chulada as to the sources of income for the Associa- :tion and amounts. He said he supports the program but feels future obligation \ should be clearly defined to be sure if this request is approved that it is a one- I 'time funding and not necessarily on a continuing basis. Mr. Chulada said about '60% of their income is from the Lane County Health Department, the balance from com- : munity solicitations. They have applied for funds through Private Foundations of Oregon and will be approaching the Lane County Medical Society, the university, ci ty of Springfield, and other local agencies. It is expected that matchin,g funds :will come from these solicitations. The Association's major objective at this I ,time, he said, is to acquire funds to enable them to continue until June and to give time to plan a future program to match their funding capabilities. I I :Councilman Bradshaw commented on the value of the Association's program to the Bethel School District and the help the services have been when all other agencies have failed. Mr. Hershner said because the request is of an emergency nature, he ;' : would vote to approve, but he does feel the Council ~hould be concerned ~i th the i I role of city government and the use of tax revenues ~n the support of pr~vate I social type obligations. :1 I' In answer to Mr. McDonald, Mayor Anderson clarified the source of revepues for t . the $27,662 budget of the Association - about 60% from the county, the'balance r C , orrun - from solicitations in the community. '11/22/72 Vote was taken on the motion as stated. Motion carried, Mr. McDonald voting no~ Approve I Phil Schnabel, 25 East 48th Avenue" objected to the use of City funds in support of the planned parenthood program. Ellen Lyford, 2635 Lincoln Street, asked where the funds for this purpose would come from in view of the "bare bones"City budget and wondered if it would be legal to make such a contribution to-a non-profit organization. She said that if it is legal it should be considered in the light of setting precedent, since it would probably mean other non~profit organizations coming to the City for funds. Manager said the Charte~ spells out the purposes for which City funds can be spent, and health service is one of those believed to the a legal function of the City. Funds are appropriated by the Budget Committee for the Council to use in its discretion to take care of emergencies which may arise. Money from the Emergency Fund could be used for this purpose. Council has similar kinds of contractual arrangements with other private charitable organizations whereby certain services are provided, so that there would be no precedent in the proposal under discussion. Les Erb, 610 East 39th Avenue, wondered if there is general knowledge that tax monies are funding non~profit or non-governmental organizations. Mr. Mohr replied that it should .'-= be well known, Council members are well aware of the non-profit charitable groups receiv- ing funds from the City. He named Buckley House~ Shelter House, Halfway House, White Bird Clinic~ Eugene Chamber of Commerce, Eugene Symphony Orchestra, etc. Manager pointed out that some of those named are supported by funds from the Room Tax which are ear- marked for those kinds of purposes. Michael Chuladq, 921 Country Club Road~ explained that the Planned Parenthood Association is supported by funds' from Federal, State, and County gover-ments. He .said the types of services being provided are sought, not sold. A significant difference between this and government services is that family planning ,is provided for low-income groups. Mrs. Tom Nugent, 2095 Polk Street, said she didn't believe the program is desirable because the community has not responded to the public plea for funds. She said other private organizations have gone to the people for funds with success. , Charles Dallas, speaking as a member of the Eugene Active 20/30 Club, said the Club will be considering a request for funds from the Association at its January meeting. Dan Blume, 2635 Taylor Street,objected to the use of tax money to fund the program and suggested there may be some question as to the constituionality of the program with re- spect to abortion. 4IIl~ Manager read a letter received from the Comprehensive Health Planning Committee of LCOG _ in which the Committee recommended that City funding as requested be approved. Hesaid the matter was referred to the Committee since it is the co-ordinating agency for health planning and makes recommendations as to which kinds of requests should be seriously honored by the City Council in order to avoid duplications pnd to have a procedure whereby the value of services can be given some consideration by people who are knowledgeable in the field. In answer to Councilman McDonald, Manager said the recommendation came from 34b 11/27/72 - 12 tfua Healtli.:Plannihg Cominittee, a cli.tzens-'adv.i:so1"Y' co.mm.ittee in. one of th.e seven areas of plannihg under LCOG, . and, not' from tIle Soard itself~ ~r. McDonald suggested the recommendation should come from the Board of LCOG. Mayor Anderson said that except in rather unusual instances the Boa,rd does not review individual . requests for.reeon'rrnendations. It would be the same as a.recommendation on trqffic, , a'treets, etc., going to the cOmmittee involved in that particular area. ~. Mr. Mohr moved seconded by Mrs. Beal to approve the committee action. Rollcall vote. Motion ,carried, all councilmen present voting aye, except Councilmen McDonald and Teague voting no. F. Christmas Music on Downtown Mall - Eugene Downtown Association requested permission to provide amplified Christmas music on the Downtown Mall from November 24 'to December 23. Manager reviewed Council action taken on May 25, 1970 approving in- stallation of the conduit in conjunction wi th mall construction. The Council in approving installation of the conduit at that time reserved the right to control its use. Smeed Sound Service has been requested by EDA to install the sound equipment. Staff takes no position, although there is no objection to the; tradi- tional type music. Charles Wickizer, speaking for the Downtown Association, said the object of the I request was to provide a Christmas atmosphere and that the music would be heard in the street area only. Glenn Smeed explained that the service would be accom- 'plished by running a small wire on structures in the mall area so that it could be taken down quickly. Enough speakers will be installed so that the music will not ., be loud, and connected to a time clock so that it can be turned off. He said Mr. Wickizer will "police" it to be sure the sound is not too loud. In answer to I >- Mrs. Beal, Mr. Smeed said use of the conduit is not necessary, the advantage in using it is so that the wiring will not be visible. In answer to Mr. Williams, Mr. Smeed said the basic request was not for use of the conduit, but they were advised if the condui t is used the Council would have to give its permission. He II said it would be more complicated to use it, and they would just as soon run the wires through the air. Mrs. Beal reviewed action taken by the Council' in' approving installation of the conduit in the mall, saying it was felt at that time to be less expensive than having ; to install it after construction should it be required. However, it was understood i at that time it would not be used to provide amplified music. Manager said, the .; Council motion did not say the conduit could not be used to provide music, simply ! that the Council would have to give permission. i, , Councilman Williams had some reservation about the use of public conduit for pri- vate lines and about electronically amplified sound of any type on the mall. However, he said, since it has been allowed in other instances, it would seem appropriate to allow Christmas music unless all types of music are stopped. ' Glen Stadler, ~hai~man of the salva:ion Army. Bo~rd of Directo~s, invited cc:uncil ,A members to ded~cat~on of the Salvat~on Army Chr~stmas tree wh~ch has been ~nstalled .. on the mall. Mr. Williams moved seconded by Mr. Hershner to allow music to be played quietly on Comm the mall from lbvember 24 to December 23, but to deny use of the conduit :lor that 11/22/72 purpose. Motion carried, Mrs. Beal voting no. Approve G. Liquor License, Spaghetti Warehouse, 725' West 1st Avenue (New) - Request ror Restiuirant ,Class "A" license from Wayne H. Henninger. OLCC report indicates contacts in the r ; neighborhood resulted in three objections, six no objections, and no response from , four. Staff takes no posi tion other than that adequate off-street parking be pro- vided, which requirement must be met to comply with building code. Mr. Mohr moved seconded by Mr. Williams to recommend approval of the license. . Comm Motion carried unanimously. 11/22/72 l).pprove ~. Sale of Land, EWEB Transformer Site -EWEB requested authorization to sell for $1000 former transformer site no longer needed and located between 19th and 20th, Agate and Emerald. OWner of abutting property is purchasing the land to be added to his ownership. Maps of the area were previously distributed to Council members. . Comm . : Mr. Williams moved seconded by Mr. Mohr to approve the sale. Motion carried 11/22/72 -~ - unanimously.' Approve I. : Segregation of Assessments, Portland Federal Savings and Loan - Assessments have i been paid against various parcels in the ownership of Portland Federal Savings '! a~d Loan, Oak and Broadway, to be segregated. Breakdown, on individual lots are Ion file in the Finance Department. ~ l\ 1 " ' -' 11.127172 - 13 - Mr. Mohr moved seconded by Mr. Williams to approve the segregations. Motion car-- Cdmm ried unanimously. ,11/22/72 Approve J.' Notice of Hearing, PUC, Regulating Cable Television as Public utility - Copies of . the notice were previously distributed to Council members. Hearing is scheduled 'for December 13, 1972, 9:30 a.m. in the State Office Building in Salem, Oregon (Room 36) and is for the purpose of investigating whether the Public utility Co~ missioner should regulate cable television as a public utility. The City's acti vi ty in this area is franchise of cable television provi ding for review of rate structure and it is felt any effort to regulate by the PUC would not remove the City's ability to franchise. Staff takes no position - occasional complaints on the inability of the cable system to service areas or about quality of service have usually received successful attention. Consensus was that before final action is taken by the PUC there will be further notice of intended action and an opportunity for the City to act if de.emed neces- , sary, but that it would be appropriate to follow the proceedings. Mrs. Beal moved seconded by Mr. Williams that staff direct communication to the League of Oregon Ci ties asking that they observe the proceedings on behalf of Comm the city of Eugene and present a City position regarding the rentention of fran- '11/22/72 chising authority. Motion carried unanimously. Approve K. Application for City Use of BankAmericards-., Memo from the Finance Director was read ~ recommending use of.BankAmericard by Ci ty personnel for purchases under $50 rather , -_ than the present system of Field Purchase Order. The recommendation was based on the increasing volume of work in the accounts payable and purchasing divisions, better control of small purchases through use of BankAmeri card, and savings in time and money. i Mrs. Beal moved seconded by Mr. Hershner to adopt a resolution implementing use I of BankAmericard as recommended. Councilman Williams questioned the legal liability of the City in the use..of BankAmericard. Manager replied it would be the same as in the present use of : field purchase orders, once the order is signed the Ci ty is obligated for the I . purchase. Finance Director further explained, in answer to questions from Council members, I ' that there is no finance charge involved if accounts are paid within 25 days, discount lost on the types of small purchases made under this procedure would be I , negligible and more than offset by the savings in the accounting process, vendors i , contacted appear to favor the change since they will recei ve their money more ! Comm qui ck1 y than under the Ci ty , s payment schedule. I 111/22/72 , Approve Vote was taken on the motion to approve. Motion carried unanimously. I '-. .- . . - -. -. .-." -- '----<;>...-- -. ..,---~..~.__....,........J . ~L. Csuncil Minutes as circulated - October 24, 1972 Councilman Bradshaw asked correction of the final vote on adopting Resolution No. 2114 - Requiring affidavit re: Non-discrimination in service and membership for affirmative recommendation for liquor license applications (page 5, October 24, ,1972). The corrected vote will show: Motion defeated, Councilmen Beal, Campbell, and Bradshaw voting aye; Councilmen Mohr, McDonald, Teague, Williams, and Hershner voting no. Mr. Mohr moved seconded by Mrs. Beal to approve the October 24, 1972 Council minutes as corrected. Motion carried unanimously. M.Election Results - Mayor Anderson recognized the presence of Neil Murray, newly elected councilman from Ward III, and expressed appreciation to Ken Higgins for his work ,as chairman of a group working for passage of City ballot measures. Mr: Anderson suggested an orientation session to acquaint new members with Council Comm policies and procedures, and it was agreed to schedule the session for Monday, 11/8/72 December 4, 1972, 7:30 p.m. Affirm . N. Council Meeting, December 25 - It was understood the second Council meeting in Comm December, which would fall on Christmas day, will be held on December 18. 11/8/72 e Affirm -7 o. Proposal for Labor Relations Advisory Corrmdssion - Irving Fletcher, secretary- treasurer of the Lane County Labor Council, AFL-CIO, presented a recommendation - from the Labor Council's Executive Board that the City Council establish a Labor Relations Advisory Corrmdssion to act as an advisory group to the Ci ty Council in all matters affecting labor relations with the City, the composition of the com- mission to be so apportioned as to fairly reflect the interests of labor, manage- . ment, and the pUblic interest. Mr. Fletcher said the proposed corrmdssion would ~. " 3tt-e 11/27/72 - 14 afford an opportunitlj' for la1io:r input toth.e Council witbouthaving tOdpetition for hearings at separate Cotinci11l1eetingsr and that it would be similar to the Planning COmm2ssion and Human Rights Commission, advisory only in matters per- taining to labor problems. ' Mrs. Beal expressed the opinion that such a comndssion would make a substantial . contribution on the part of labor and would better public relations as well as labor relations. Councilman Mohr suggested scheduling time at a committee meeting for discussion. Manager said before discussion is held it would be helpful to have some informa- tion about the petitioner's concept of the comndssion's operation and responsi- bilities and the petitioner's role in this relationship. Mayor Anderson expressed reservations about the proposal unless specific duties are spelled out, his primary concern involving the collective bargaining process and whether it is the intent that the proposed commission actually enter into the bargaining process, grievances, etc. Mr. Fletcher said he did not see it as intervening at any particular stage in negotiations between the Ci ty and its em- ploye unions, rather as advising on possible ordinance changes, Charter revisions, sharing cost of arbitration, etc. He said the Central Labor Council is composed .' of 39 different unions in Lane County and they would be able to use a Labor Rela- tions Commission as an advisory comndssion. The comndssion could be used, he said, I to implement legislation such as prohibiting importation of strikebreakers, or pre- clude the existence of any particular union. Mrs. Beal saw it as an opportuni ty for dealing wi th matters of broad general poli cy . which would reach the Council, a clearing house to take care of detail and gi ve representation to a wide community point of view. Ci ty Attorney asked if";the proposal was modeled after any existing board or panel I in any other city. Mr. Fletcher didn't know of any and felt it to be unique. It was understood the proposal would be scheduled for discussion at a future com- mittee meeting after Mr. Fletcher has contacted Manager to arrange for time on the agenda. Manager sai d it would be helpful to have minutes of the Labor Council's discussion in adopting the recommendation. Mr. Fletcher suggested his office's Comm drafting an ordinance creating a Labor Relations Comndssion for City Council con- 11/8/72 sideration. It was understood the matter probably would not be scheduled for the Affirm November 15 commi ttee meeting. P. policing Curbside Parking Areas - Mrs. Beal asked for staff report on the feasi- bility of policing areas where cars are being parked at the curb for long periods Comm in the vicini ty of the campus. It was understood a report will be brought to the 11/22/72 Council. Affirm Q. Recommendation, Ballot Measure No. 56 (Requiring vote prior to street construc- . tion) - Manager suggested preparation of staff recommendation with regard to intent of Ballot Measure No. 56 to give Council information on which to base adoption of official policy in defining a method for proceeding on. construction of limited access streets. Of particular concern is Amazon Parkway for which there now ap- pears to be money available for purchase of right-of-way but probability that an election will be n~eded on alignment or.route, and possibility of another election before start of actual construction because purchase of right-of-way, design, and bid process will take more than a year. In answer to Councilman Teague, Manager said the money available for right"'of-way purchase could be put into a sinking fund explicitly earmarked for use at some future time for Amazon Parkway, or it could be shifted to some other use. Mrs. Beal said -thatin~talking with proponents of the successful ballot measure that she had the impression they would be willing to work with the City in draft- ing an amending measure which would clarify the Charter amendment requiring a vote Comm on freeways, throughways, tee., so it would be easier for the City to operate and 11/8/72 still satisfy the aims of the proponents. File R. Revenue Sharing - Manager explained that staff will now start an intensive ef- fort for consensus on where rrrmies from the Federal revenue sharing progiam '_ should be applied. As soon as a recommendation can be presented to the Council, it would be desirable to start the budgeting process if those funds, which must be allocated under the local budget law, are to be used during the present fiscal year. The first revenue will be recei ved during the first part of December and it is felt desirable that the Budget Committee go through the public hearing pro- cess to ad9pt a supplemental budget, as required by the State Division of Audits. 3~~ 11/27(72 - 15 Councilman Mohr inquired about the process to be used by organizations request- ing a portion of the "revenue" funds - such as senior citizen groups'- and was told requests should be addressed to the Manager's office. It is important too to be present during the public hearing process before the Budget Conmrrttee. . Manager continued that Council guidelines as to use of the money would be preferable prior to consideration of individual requests. Mrs. Campbell asked whether the "revenue" funds could be used for property tax relief. Manager replied that there are few exclusions for use of the money; it primarily will be used for ordinary and necessary kinds of services. Councilman Hershner asked about the time schedule for Budget Committee hearings. Manager said meetings could start at the end of November and hopefully decisions could be made shortly thereafter because of the need to have some general plan to cover the five-year periOd for which the program is in effect plus a more specific plan for the current year. S. Traffic, South Willamette - Councilman Teague called the Council's attention again to the problems with noise, traffic, squirreling, etc., in the Willamette/Portland Comm Street area. He suggested taking proposals to the next leqislative session for 11/8/72 legislation to cope with the problem of enforcement in thi~ regard. File T. Planning Review - Planning Director and Jim Sugaya, Planning staff member, pre- sented a detailed review of work in process under a comprehensive planning pro- gram authorized by the Council and funded through the City budget and Federal e grants. Planning Director cited studies authorized and explained how they were being carried on - working with neighborhood planning organizations, updating neighborhood analyses, ridgeline and south hills density studies, updating planned unit development ordinance, maintaining current information for data proc:;essing information system, working on housing dispersal plan and information housing- I base system study, work with the Urban Area Natural Resources Advisory Committee with regard to the 1990 General Plan, reviewing alternate routes for Highway 126, arid drafting an ordinance amendment to implement the hearings official process. Mrs. Campbell wondered whether people interested in the preservation of historic buildings in Eugene could be included when areas in which they are interested are Comm under study in the hope that their ideas could be given to the planning staff 11/8/72 rather than coming through Council members. File U. Parks and Recreation Workshop - Council members were invi ted to a workshop at Sheldon Community Center, December 2, beginning at 9:00 a.m. The workshop is designed to assist elected officials in providing more practical and sound park and recreation programs through discussion of problems of the working professional people, staff, lay members of conmrittees, etc. Parks Director explained that it is a one-day affair and will be conducted by the executive director of the national parks and recreation organizat . y: V.Governor's Congress, Land Use Planning - Notice of the. Governor's 5th C9pserva- tion Congress on Land Use Planning was passed to Council members. It is scheduled Comm for November 20-22 at the Portland Hilton. Council members interested in attend- 11/8/72 ing should contact the Manager's office for registration forms. File w. Code Amendments re: Disorderly Conduct - Copies of proposed amendments' to sec- Comm tions of the Code with regard to disorderly conduct,. indecent touching, public 11/22/72 indecency, and resisting arrest were distributed for Council review. File X. Petition and Report re: Hawkins Lane Annexation - Petition was received from residents- in the Hawkins Lane area opposing annexation of area added at the recom-: roondation of the Planning Conmrrssion and Counqil and approved by the Boundary Com-' mission but with no public hearing to allow an opportunity for the people to be heard prior to annexation. Withdrawal of that area was initiated to afford an :opportunity for pUblic hearing. That public hearing was held at which tiroo the Boundary COmnUssion voted 4-3 against withdrawal. Manager said there is no real 1 response to the people objecting to having their properties annexed other than < " to inform them the City will provide services. He suggested a neighborhood meet-i COmIn ing in the area to discuss with the residents any needs which they feel might be 1'11/22/72 answered and to make them welcome. I~ ,. File . Y. qorrespond!1nce , - 1. Lettel: from West Lane Chamber of Commerce urging early construction of High- i way 126 - Manager reported a rooeting was held with Highway cornrndssion staff I and that they still do not know when an environmental impact team will be ,-; -_~_,,____~_~--.....___ - _~~ _~ .-...,..__._ .__ ~_ _. _~_.""... -.....0' .- ~.... 350 _1J./27/72 -,,16 .._._ -0 - It has been-suggested contact with-top adndnistrators in the Com- available. mission might' help move the project 'forward on the schedule. State staff has said disciplines on their team will be forthcoming. Manager said that at the last staff meeting it was agreed that it is now appropriate for the City's e comnattee to be appointed. Consideration can now be given to alternative routes which have been discussed. Some background work is to be accomplished prior to actual development of the impact statement itself. Information will be brought to the Council with request for appointment of the local group. Mrs. Beal wondered whether Highway 126 will come under provisions of the Comm recently adopted Charter amendment requiring voter approval of freeways and 11/22/72 was informed that it would. File 2. ': Letter from L. B. Day, Director of DEQ, expressing appreciation for support Corom on environmental impact statements re: Oil drilling. 11/22/72 File 3. Letter from Burlington Northern giving notification that the ICC has approved abandonment of railroad trackage on 5th Avenue east of Almaden Street. Comm ;Ll/22/72 4. Letter from John and Shirley Swezey expressing appreciation for the City's File //outdoor recreation programs. , ./~ - I Z. (Noise Pollution - otto Becker, 36 West 30th Avenue, read from the National :portions of an article with regard to the effect of noise on physical and mental 1 well-being. He asked that fines for noise violations be increased and that. a de- ftermination be made whether mufflers on cars which are stopped for noise violations . ,are ~reall fault!/._ or whether they have delibe-rately been altered to produce noise. ~ -~ .' {Mrs. Beal remarked on efforts to enact legislation at the State level 'to cdpe' wi th noisy mufflers and on the impracticality of decibel ordinances because of enforce- ment problems. - . I Councilman Mohr pointed out that the Council's plan for controlling noise in the . 29th and Willamette neighborhood was rejected by residents of that area. He took exception to the implication that the Council was not responding, because it was proposed to close off one of the streets to reduce the noise, and fines were in- creased for violations. Mr. Becker replied that the residents who rejected the Corom Council's plan were those living farther away from the source of the noise. He 11/22/72 said he was asking that cars with faulty mufflers be designated in violvation of File State law thereby drawing a more severe penalty. Mr. Mohr moved:;seconded by Mrs. Beal to approve, affirm, and file as noted Items A through Z (except Items E and L on which action is noted following those particular items); Rollcall vote. All councilmen present voting aye, the motion carried. V - Ordinances Council Bill No. 128 - Levying assessments for paving Jacobs Drive from Pattison Street . to Concord Street (71-27) 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 referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimously. Council Bill No. 129. ~ Levyingasse.Ssments for paving, storm sewer, and side~alk on Cen- tenntal Boulevard from Centennial Loopwes-t to'Saafeet eaSt of Centennial Loop East (72-01) .~ was sufimitted and read t1ie fi-rst tUne Ey- council EillIiurnDer and title only, there being no councilwan present requesting that it De read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimously. Council Bill No. 130 - Levying assessments for paving streets within Chase Park Subdivi- sion (72-15) was submitted and read the first time by. council bill number and title only, there bEdgg~no councilman present requesting that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be referred to Hearing Panel for considera- :e tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimously. Council Bill No. 131 - Levying assessments for paving and sanitary sewer in alley be- tween 2nd Avenue and 3rd Avenue from Mill Street to Ferry Street (72-19) was submitted and read the first time by council bill number and title only, there being no councilman present reques,ting that :i..t be read in full. 35\ 11/27/72 - 17 Mr. Mohr moved seconded by Mrs. Beal that the bill be referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimous,ly. -- Council Bill No. 132 - Levying assessments for paving and sanitary sewer in alley between 3rd Avenue and 4th Avenue from Mill Street to one-half block east (72-20) was submitted and read the first time by council billnumber 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 referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimously. Council Bill No. 133 - Levying assessments for paving, sanitary and storm sewers within Loma Vista Park (including the pedestrian way)(72-29:and 30) 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 referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimously. Council Bill No. 134 - Levying assessments for sanitary sewer on Roosevelt Boulevard from Garfield Street to 900 feet east (72-32) 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 referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendatio~ on December 18, 1972. Motion carried unanimously. Council Bill No. 135 - Levying assessments for paving and sanitary sewer on Jeppesen Avenue between Newford Park and Goodpasture Park to serve Tax Lot 4201 (72-37) was submitted and read the first time by council bill number and title only, there being no councilman present re- questing that it be read in full. Mr. Mohr moved seconded by Mrs. Beal that the bill be referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- mendation on December 18, 1972. Motion carried unanimously. Council Bill No. 136 - Levying assessments for special sewer levy in Knutson Bros. Planned Unit Development - Norkenzie and Belt Line (72-53) 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 referred to Hearing Panel for considera- tion on December 12, 1972 and brought back for Council consideration of Hearing Panel recom- . mendation on December 18, 1972. Motion carried unanimously. VI- Resolutions Resolution No. 2126 - Authorizing sale of EWEB transformer site (19th and 20th, Emerald and Agate) to Urquhart was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2127 - Authorizing application to First National Bank for BankAmericards was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2128 - Transmitting to Planning Commission for hearing December 5, 1972 various requests for rezoning and zoning newly annexed Cal Young/Oakway area was submitted. Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All ,councilmen present voting aye, motion carried. .'>1 -- Resolution No. 2129 - Transmitting to Planning Commission for hearing December 12, 1972 various requests for rezoning was submitted. - Mr. Mohr moved seconded by Mrs. Beal to adopt the resolution. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2130 - Authorizing payment of bills and claims for period November 6 through 27, 1972 including progress payment to Benge Paving Company for $29,300.13 was submitted. '. . ~ . . '- . . 35 Z 11/?7 /72 ""' 1 R Mr. Mohr moved seconde:d by Mrs.' Beal to adopt the resolution. Councilman Williams questioned the item of property taxes to be paid by the City. Finance Director named certain rental properties acquired through right-of-way purchases which have not yet been removed from the tax rolls. . Mrs. Beal asked about the annual parking lot payment. Manager explained the terms' for the purchase made several years ago of the Johnson property at the southwest corner of Broadway and Charnel ton. The payment this month is about the fifth and includes interest on the un- paid balance. The property is used as a parking lot and revenues from that use nearly fund the annual payments. Rollcall vote was taken on the motion as stated. Motion carried, all councilmen present voting aye. Council was reminded of orientation session scheduled for December 4, 19-72. Also, that Council meetings in December are scheduled for the 11th and 18th. Upon motion .duly made, seconded, and carried, the meeting was adjourned. I . I I ~.~,..----~- . '. e 15"3 11/27/72 - 19.