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HomeMy WebLinkAbout03/12/1973 Meeting Council Chamber Eugene, Oregon March 12, 1973 i' Regular meet ing of, the' Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on March 12, 1973 in the Council Chamber with the following councilmen present: Mrs. Beal, Messrs. Williams, McDonald, Hershner, Mrs. Campbell, and Messrs. Keller, Murray, and Wood. Larry Provancha, Randy Thompson, Gary Murray, and Geoffrey>Paulus - members of the McKenzie River Chapter, International Order of DeMolay - presented the flag as a service to local government in celebration of the founding of their organization. I - Public Hearings A. Code Amendment re: Jury Trials and Imprisonment of Indigents for Non-payment of Fines JCopies of proposed amendment were previouslijdistiibuted to Council' members :. : The proposed ordinance would repeal that section of the Code dealing with Municipal' ; Court procedures with regard to jury trials, selection of jury and payment of fees, i and non-payment of fines by indigent persons, and Substituting therefo;za the State ; statutes. City Attorney recommended the change for purposes of clarification in. : view of conflicts between the present ordinance and State law and recent court : decisions. e Stan Long detailed the changes proposed, stating that present procedures in Munici- ! pal Court will not change too much since it now adheres to Charter requirements 1 and thrust of court decisions. Indigents for some time have not been imprisoned , for non-payment of fines even though that provision has been in the Code. The amendment in addition will bring the Municipal Court lOC)re clearly into line with the State laws so far as selection of juries is concerned. I Councilwoman Beal questioned the necessity for the emergency clause. She said the :Legislature in its deliberations is very careful not to apply an emergency clause i unless there is a bona fide emergency to avoid the appearance of haste and lack of : time for protest. Manager said that without the clause an ordinance will not be- : come effecti ve for 30 days after its adoption. It is used in nearly every instance ! unless there appears to be a reason to expect an appeal or significant disagreement ~ ~ that could result in referendum. He added that use of the clause has no bearing I ion the deliberative process in adopting an o%'dinance. There is the same hearing I Iprocedure and tdme constraints, and the same opportunity to hold over, lacking , I un ani lOC) us consent on second reading. Use of the clause in this ordinance is de- sirable to relOC)ve conflicts before the Municipal Court starts proposed night sessions to clear its backlog of cases. Comm Mr. Williams 1OC>ved seconded by Mrs. Beal to schedule public hearing on the amend- 2/28/73 ment. !'Ioti_oE ca..~~il!.d ~u.!l~~-!lI!..~~l!(._ _,___ "_,_ __ ." __!~ub Hrng :. Mayor Anderson opened the subject to public hearing. Upon request from the audience for an opportunity to express the concerns of'Native Americans in this community for those involved in the present incident at Wounded Knee, South Dakota, Mayor Anderson explained the procedure for placement of items on the Council's agenda. However, Council members agreed to hear the petitioner at this meet- ing at the conclusion of other business. Public hearing on the Code amendment was closed with no testimony submitted. Council Bill No. 200 - Amending Section 2.785 and repealing Sections 2.790, 2.795, 2.800, and 2.805 of City Code re: Municipal Court Procedure was submitted and read by council bill number and title only, there being no councilman presen t requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only , with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. . Mrs. Beal moved seconded by Mr. Wi~liams that the bill be approved and given final passage. Rollcall vote., All councilmen present voting aye, the bill was declared passed and numbered 16731. . B; Appeal, Conditional Use Permit for Willamette Christian Center, 20th between McKinley and Hawkins Heights - Willamette Christian Center, appellant, requested postponement of the hearing on PlanningCommission's'denial of the permit. Letter was noted from Vern Gleaves, attorney, also requesting postponement. ~9 3/12/73 - 1 ";,..;;", 'Mrs. Beal moved seconded by Mr. Williams that hearing on the appeal be rescheduled for March 26, 1973 Council meeting. Motion carried unanimously. (Council meeting subsequ~ntly postponed to March 27, 1973.) (-\ \.!i _, 1 .,- II - Consent Calendar Items previously discussed in committee meeting February, 28, 1973 CRresent: MaY9r, Anderson; Councilmen Beal, Wiiliams, Her$hner, Campbell, Keller, Murray, and Wood). Minutes of that meeting appear below printed in italics. A. [Request for 'Cominltt;ee-~ Needs of Handicapped'- Jim Martin of the' "Wheels"- organiza- !. tion requested that t:he Ci t:y work wi t:h Springfield in creat:ion of a commi t:t:ee on !a metropolit:an basis to review t:he needs of the handicapped. He said t:he need for ~such a body is evidenced by architectural barriers and the recent increase in taxi i fares. Mayor Anderson said that he is prepared t:o discuss wi th the Mayor of Spring- · 'field, and possibly with the County, the need for a program, to assist the disabled. ' 'He felt that rather than keeping assistance on a voluntary basis, a committee might: , Comm help in suggesting changes, legislation, and other items which are often overlooked. 2/28/73 Mr. Murray moved seconded by Mr. Wood to authorize the Mayor to proceed as requested., Motion carried unanimously. Approve B.,Right-of-Way Purchase, Echo Hollow and Norkenzie Roads - Authorization was requested I to exercise options for the purchase of Echo Hollow and Norkenzie right-of-way: A. Delmar and Ellen Lynch, 2240 Norkenzie B. Nelson and Frances Page, l8~5 Norkenzie C. Margaret: and Earl Simmons, 2220 Norkenzie D. Daniel and Susan French, 2090 Norkenzie E. Robert and Hazel a/Neil, 260 Blackfoot-(EchooHol.low) '-- - . --'--<- F. Robert and Joan Kiene, 2190 Norkenzie $ 262.00 910.00 260.00 684.00 1,310.00 325.00 .e Mr. Williams moved seconded by Mr. Wood to purchase the properties as recommended. lin answer to Councilwoman Campbell, Public Works Director said the design for the : streets provides for bicycle paths. In answer to Councilman Williams, Manager ' lsaid the purchase figures are generally based on square foot appraisal by the city I I , pI us damages for development. He added that formal appraisal on these small pi eces , ~would -cost more than the value of the land involved. ' Co.mm ,,2!j28/73, I ' Vote was taken on the motion to approve. Motion carried unanimously. : jApprOVe ,,>..-..._~. C.purchase of Property, 301 North Lincoln, Parks'Wareoouse - CopIes' of memo from ,Parks Depart:ment recommending purchase of this property for warehouse needs were previously distributed to Council members. Present: warehouse space on the Raup 'property will soon be unavailable because of ciearance of the propert:y in line ,wit:h agreement with HUD., Also, warehouse space in Alton Baker Park is scheduled to be removed. The propert:y proposed for puchase is adjacent t:o the Public Works ; shops and to Skinners Butte Park. It is also adjacent to Southern Pacific prop- 'erty now being considered for dedication as public right-of-way and would allow : widening of that right-of-way if desired in the future and assuming the warehouse ,use is no longer needed. . · Authorization for negotiation of a lease/purchase arrangement for the property is , : proposed, since funds are not available in the, current budget for outright purchase.! This would provide for an l8-month lease at $450 per month, the City providing in- : .- surance and paying taxes for that period of time. The City will have the option I to purchase for $50,000 with 50% of the first six months' rent to apply on the 'purchase price; the option may also be exercised during the second six months, but the rent would not then apply on the purchase price. It was understood approval of this parti cular amount of money was not being sought at this time. Mr. Williams moved seconded by Mrs. Beal to authorize staff tion and bring back to the Council a purchase agreement for North Lincoln. ,Motion carried unanimously. Comm 2128/73 to enter into negotia- i Approve the property at 301 Manager reviewed the proposal as presented at committee and explained that the lease/purchase agr~ement as presented at that time was the result of negotiation and 'the actual agreement under which the option for purchase was to be exercised. Staff recommended authorization to enter into the agreement as presented. e Councilman McDonald raised the question of making lease payments in the event the City's budget is not approved. Manager noted that the terms of the agreement would allow the City to occupy the building for 18 months; however, there would be no credit from rent toward the purchase price after the first six months. \0 3/12/73 - 2 tv, Mrs. Beal moved seconded by Mr. Williams to authorize the lease/purchase agreement on propert at 301 North Lincoln for $50,000. Rollcall vote. All councilmen present voting aye, motion carried. D.Mobile Home Sales Lot Office, 4675 West 11th Avenue, Nix - Morris A. Nix requested, juse of a llObi1e home structure for office use at his mobile home sales lot, 14675 West 11th Avenue. Manager said this request raises again the question now un- :der study of use of buildings which do not meet building code standards for other tthan watchman purposes or in locations other than llObi1e holl}S parks. Staff ~ecom- ,mended granting permission for such use with the underst~di~g that should C~ty. ':policy change with regard to temporary structures for this k~nd of use, perlRl.ss~on 'would be cancelled. IMorris Nix described the type of mobile structure he proposes to use and the sales I [lot now urder construction. He asked favorable action on the request. . :Mrs. Beal moved seconded by ifuture change in policy with unanimously. , Mr. Williams to approve the request subject to any regard to IOObile structures. Motion carried Comm 2/28/73 ir:pprove I I :Deferment of Storm Sewer Assessment, Tax Lot 300 (17-04-21) w*:st ~f Echo Hollow E. l?oad south of Barger Drive (Trans Western Investors) -Author~zat~on was ~e~uested ' :to defer the payment of this assessment in the alOOunt of $3,400 as a condi tion of fobtaining easement for the storm sewer., . Mr. Williams IOOved seconded by Mr. Wood to approve the deferment. unanilOOus1y. 'Right-of~Way to Lane County, Greenhill Road - Authorization was requested to deed F. 10 feet on each side of Greenhill Road across Amazon Channel north of Royal Avenue ,to Lane County to allow their widening the road. Easement is being retained. Motion carried Comm 2/28/73 ~prove i 'Mrs. Beal moved seconded by Mr. Williams to authorize the deed. Motion carried : unanilOOus1y. Comm 2/28/73 Apprf've .~ 5 1973 (pr sent Councilmen Hershner & williams) G.Assessment Hearing Panel Report - MarCH , e: 1. ,C. B .194 ~ Levying assessments for, paving north/south alley between Oak Street and ,. High Street from 27th Avenue to 270 feet north (72-41) :No wri tten protests on file. :A1bert Cheever, 135 East 27th Avenue, objected to paying any of the assessment ~his property on the basis that it served only the adjacent apartments and that .not use it for access to his property. He presented a map showing location of iproperty in relation to the apartments and the alley. agai~st t, he d~d :.' I' his . ;Councilman Hershner explained that the Council at the time of contract award for the ~alley paving viewed the area and decided the improvement should be made. This deci- ision was based on long standing policy of proceeding with a' project when owners of ,more than 50% of abutting properties petition the improvement. Mr. Hershner said it ,was his understanding that all properties involved, including Mr. Cheever's,are zoned i for mul tiple- family Ii ving. Ci ty Engineer confirmed that the properties are zoned 'RG (Garden Apartment Residential), and in answer to Councilman Williams said that : there is enough area in Mr. Cheever's ownership,. access, etc., which wo'uld allow :multip1e-family development should it be desired. Some discussion followed with re- : gardto development of adjacent properties and Mr. Cheever's contention that he, 'should not have to pay the entire assessment against his property if he does not _; use the alley. , I. Councilman Hershner explained further that although the improvement may not be of ibenefit to Mr. Cheever's property at this time, his property could be used for ;multiple-family living because of its being zoned for that purpose. Also, that be- 'yond its being the Council's policy to assess on front foot basis, that basis of 'assessment is directed by C.ity Charter. Mr. Hershner added that although a Council' subcommittee is now reviewing the City's assessment policy, no conclusion has been reached ~ Advice recei ved by the subcommi ttee to this point is tha,t probably any change in present procedure would require an amen'dment to the Ch'arter, thereby call- ing for a vot~. So there appears no alternative to assessing on the footage basis even though alternatives are being explored. Councilman Williams concurred, saying that at some future time another owner of that property may recei ve the benefi t of the improvement even though it is not being utilized at this time. He explained the complex accounting system which would be necessary were each assessment to be held until benefit is derived. Mr. Hershner. added that even though the, suhcommi ttee on assessment _policy has considered changes" it is probable that it would not affect this particular assessment because. of .the ~J multiple-family zoning on the property. _3~NJ ~ '~'" 0.. Recommendat~~n: Levy ~~~essments 'as PEop?sed. :\\ -- '---- -3(1-Z(73~j -Approve " 2. C.B.195 - Levying assessments for paving Norwood Street from Carmel Avenue to Marlow Lane (72-42) No written protests on file. No objections presented at hearing. Recommendation: Levy assessments as proposed. 3. C.B.196 - Levying assessments for paving, to Oak Hills, and paving Stoney north (72-46) 1b wri tten protests on file. , I / 7, "", v' .. '-...1 Approve . sanitary and storm sewers within 6th Addition I Ridge Road from Craigmont Avenue to 400 feet ; No objections presented at hearing. Recommendation: Levy assessments as proposed. Approve 4. C.B.197 - Levying assessments for sanitary sewer between U.S.Highway 99 and 400 feet west and between 5th Avenue and 1700 feet northwest (72-56) No written protests m file. No objections presented at hearing. Recommendation: Levy assessments as proposed. H. ~eglsLation , ~. S.B .185 - Allows City purchase of private land for public parking facility wi thout present requirement of substantial increased parking area Mr. Williams lOOved seconded by Mr. Wood to support S.B .185. Motion carried unanilOOusly. . p\.... .2-.\' i,.,; S.B.6 - Requires OLCe to abide by negativ41 recommendation of local gbvernment on issuanct3 of licenses.. . Manager said this wouJ.d apply I to renewals as well as new licenses. Hrs .Beal questioned whether the Ci ty would want the power to completely do aWflY wi th a licensed business. Mayor Anderson favored the legislation, saying the OLCC needs to be more cognizant of local governments' viewpoints. Mrs. Beal moved seconded by Mr. Williams to support S.B.6. Councilman Williams said he would rather support legislation that would require OLCC to seriously consider recommendation from local governments rather than having local authori ty to a1x;)lish a li cense. . Mr. Williams lOOved seconded by Mrs. Beal to substitute a motion to instruct the Legislative Analyst to seek amendments to S.B.6 that would require OLCC to consider recommendations of local gove.mments in issuance of liquor licenses. The-original motion-was wit::hdrawn. ;Mayor Anderson questioned whether such an amendment would have substantial : effect upon the Liquor Commission. He fel t that local governments should have i some mechanism by which they could negate liquor licenses if they felt it in : the public interest. 'councilman Wood felt it might be a desirable authority for this City but wondered about the result in smaller communities. Mrs. Beal said it was her . understanding that under the law there, is no way the Liquor Commission can take into consideration recommendations from local governments on issuance of licenses. Licenses are granted if they meet criteria unless violations to those criteria can be proven in court. : Councilman Williams said if the City does have a guaranteed right of denial of liquor licenses a detailed set of standards will be necessary by which to evaluate applications. Otherwise, he said, basis of decisions on issuance of licenses would become a matter of lOOral judgment. .Councilman Hershner favored the requirement for Commission consideration of local recommendat:J.ons. If they are still ignored after a trial period, then . perhaps more control at the local level would be desirable. Mayor Anderson repeated his argument in support of the bill, He said the procedures followed now are needless and the bill would strengthen the cities' role. Councilwoman Campbell wondered whether the affidavit recently requested by the Human Rights Commission as a condi elon of Obtaining favorable Counc.il, recom- mendation on a liquor license would be necessary if S.B.6 were adopted. Vote was taken on the "'substitute motion as stated. Motion carried, all present voting aye, except Councilman Murray voting no. ,1 3/12(73 - 4 Approve Comm 2/28/73 Approve - . '. Comm 2/28/73 Approve e Councilwoman Campbell favored support of this legislation without asking for amendment which would make permissive rather than mandatory OLCC consideration of local govern- ment negative recommendations on issuance of liquor licenses. She felt the Council would not be able to carry out a requirement for affidavit from liquor dispensers with regard to non-discrimination should S.B.6 not be passed. Councilman Murray agreed. Councilman Williams said he agreed with the editorial stand of the Eugene Register-Guard that passage of S.B.6 would be an excellent way to guarantee development of graft with- in the City since it would make the livelihood of a business solely dependent upon the moral judgment of a political body. He said he would not like to see that type of arbi- trary power established. He favored endorsement of the original Council committee action. Councilman Hershner agreed and said amendments to the bill would give OLCC recognition of City recommendations by statute, whereas now OLCC takes the position that it has no authority unless those recommendations can be substantiated in a court of Inw. He added that this l~gislation could lead to local options in the State. Councilman Murray argued that the Council could consider a list of criteria upon which to judge liquor license applications, and that discrimination could be one of those things which would be adequate cause to deny a license. He said he would like to see the Council have that tool. 'e There was further discussion with r~gard to other similar legislation being introduced, effect of this legislation on remote areas of the State, more' participation by local government in decisions at the State level, desirability of having decisions made by elected officials rather than appointive, etc. Mrs. Beal moved seconded by Mr. Williams to support S.B.6 and instruct the Legislative Analyst to so lobby. Motion carried, Councilmen Beal, Campbell, Murray, Wood, and Mayor Anderson voting aye; Councilmen Williams, McDonald, Hershner, and Keller voting no. 3.iS.B.266 - Establishes rehabilitation loans up to $1,000 per person for alco- ~ holic rehabilitation . i Councilwoman Beal suggested no position be taken in view of current review of , the entire alcoholic program. At the request of Councilman Murray it was j,a~:::,~_~~!,~ bill would be placed on a future agenda.,. ...' - '-'-""'t(~-:'" .'~_"'_____A"_""__.",,,_,_~,__ .,'__ '._._.'._'~.. ,...., ..~i~r_.,H.~._. Comm 2/28/73 Approve H.B.2745 - 10% OLCCFunds to Mental Health Division for rehabilitation Councilman Murray said'he'would like to see the Council support S.B.266. He felt this a sensible way t~ ~pproach the problem in view of the statistics on alcoholics and related traffic accidents, and the cost incurred in rehabilitation. At the request of Councilman Wood, Manager presented H.B.2745 which would appropriate 10% of OLCC funds to the Mental Health Division for alcoholic and drug rehabilitation. Hearing is scheduled on this bill Thursday, March 15. . Mrs. Beal moved seconded by Mr. Williams that if the Council supports S.B.266 arid H.B.2745 after. full discussion at its, March';!l!! committe,e meeting, that will be interpreted as' official position of the Council and so ~ransmitted to the legiSlative committees considering the bills. Motion carried unanimously. 4.' S.C.R.4 - tIn memoriam: Charles Andrew "Shy" Huntington Mrs. Beal moved seconded by Mr. Williams to support S.C.R.4. Motion carried ! unanimously. 5.!H.B.210B - Establishes the principle of State payment in lieu of property tax for fire protection to State facilities, and appropriates an in- significant amount of m:mey therefor Manager explained that the bill would authorize the State ,to make payments to cities in lieu of property tax for fire protection in those cities where the State has substantial real estate development; The bill appropriates $50,000 ; per year for those payments. Staff would like to see the principle established \ land extended to police and other services being performed for ,the State by cities,\ I but with amendment to encompass agreements between cities and . agencies of the ! : S,tate receiving protection. A ,.Comm 2/28/73 Approve. -- Mrs. Beal moved seconded by Mrs. Cazppbell to s.u.pport H.B.210B in prj.nciple. , i. ; Councilman Williams suggested that the Legislative Analyst be instructed to work for legislation providing sufficient money to reimburse ci. ties for services . rendered the State. Manager explained that initially the bill pr~vided for a larger amount of money but was limi ted to fire protection only. The League of Oregon Cities feels it is desirable to gain favorable vote on theprineiplQ of payment by the State and will continue to support this bill. 1'3 3/12/73 - 5 Councilman Wood wondered whether the possJ.bility of receiving money from the . Stat:e .would create competition among cities for State buildings in their com- mun~t~es. Manager said it would be a minor factor in decision on location of State buildings since those decisions are based usually on statutory require- ments and where State se,rvices are needed. Vote was taken on the motion to support H.B.2108 in principle. Moti.on carried . unanimously. 6;H.B.2204 - Establishes field burning fee, $1,00 per acre for fields with str w ,. 50~ if cleared of straw ,- a H.B.2205 - Extends life of committee on field burning for ~ix months' Mrs. Beal moved seconded by Mr. ,Keller to support H.B.2204 and 2205. Motion ; carried unanimously. .' ,.-. 7.H~B.2329 - Abo1ishesregiana1 air pollution control authorities. Authorizes formation of regiona,1 and local air pollution control districts at discretion of EOC for purposes of making studies and advising EOC :Councilwoman Beal strongly opposed this bill. She said that Lane County region ,has the best air quality enforcement in the ,State and a good record in disposal lof waste materials. In addition, there is no assurance that the local office :wou1d be funded or continued here under the proposed bill. 'Mrs. Beal moved seconded by Hr. Keller to take a strong stand against H.B.2329. Councilwoman Campbell suggested pUblic testimony should be taken on this legis- lation. Mrs. Bea1 didn't feel it necessary. She said the DEO proposed to maintain a neutral position, and this region would have to protect its own air quality organization. : Vote was taken on the motion as stated. Motion carried unanimously. 8. H.B. 2657 - Requires popular vote on all urban renewal projects and all revisions" thereto. Prohibits municipality ,from doing more than one project at a time. Mr. williams moved seconded by Mrs. Bea1 to oppose H.B .2657. Motion carried : unanimously. 9.S.B.l59) H.B.2424)- Uniform residential landlord and tenant act Copies of summaries of the two bills were previously distributed to . members. Councilman Williams said that because of the controversial ,the proposed legislation the Joing Housing Committee is not ready to ,position. Council nature of take a .. Comm 2/28/73 Approve e Comm 2/28/73 Approve - Comm 2/28/73 Approye Comm 2/28/73 Approve Comm 2/28/73 Affirm . ': No action was taken. Councilwoman Campbell cited various complaints of students at the University about available housing. $he hoped that there would be a recommendation from the Joint Housing Committee in time for the Council to take a stand on this legislation. CounciLman Williams reviewed actions taken by the Housing Committee in its consideration of the legislation~ Also, some CjJ?eas. of agreement and disagreement which seem apparent between landlords and tenants. He $,aid the Housing Committee wantedJIlore specific inforination on those areas so did not want t01llake a recominendation. until that was done.. CODl1cilwOJilan Real said there appeared to be nothing' ohjectionahle about the legisl'ation and it wouid provide a skeleton from which to work in leasing living quarters. In answer to Councilwoman Campbell's question as to whether the Legislative Analyst could research the legiSlation more fully, Manager said in view of the controversial nature of the bill it-;,is doubtful anything effective could be prepared in time for the March 14 committee meeting. He suggested that infoI'Jllation presented at hearings would be of benefit, and the Council would have an opportunity to go on record after that testimony is received. Some di::;cussion centered on unifoI'Jll legislation, Mr. Williams noting that the legislation before tneLegislature was rushed from committee without going through the normal procedure of $ain.ing, approvill from the Bar Association. It was 1lllderstood further information would be deyeioped for Council consideration before a position is taken. .r. OverparkAssessment, Kaufman's :"'Truae'Kaufman' Objected to'the"assessment against Kaufman's store property at 957 Willamette Street for the 10th and oak Overpark. :'She said recent changes in the downtown area resulted in very little djfference 'in distance between the entrances of Kaufman's and The Broadway to the Overpark, and that the difference in assessment rate for the two stores is not justified. 'It was understood staff rePort on the question would be prepared for future Council consideration. .'On ,+ 3/12/73 - 6 . Comm 2/28/73 'Affirm It ',.1 '1 J. : Request for Disclaimer, Prospect Park (Chambers south of 25th) - Manager ex- plained that preliminary approval has been given to Phase I of Prospect Park, a three-phase planned unit development fronting on Chambers south of 25th. A 3D-foot strip running east/west the full length of the property, north of the first phase, was deeded to the "public" by Ernest and Mabel Jones in 1958 and recorded in 1959. At that tim: the property was in the County, and any City . interest now would be because of annexation. The Planning Commission was aware of the dedication at the time of preliminary approval but did not question its legal status. However, there is no record of acceptance of the property by either the County or the City; the City became aware of it at the time of pay- ment of intersection paving costs in the Chambers Street project. Herman Hendershott, attorney for the Prospect Park developers, is requesting that the City sign a disclaimer to ,the 3D-foot strip to clear the title and allow financing for the planned unit development to be finalized. Planning Comrndssion has never considered whether the City has use for this strip, al- though both Planning and Public Works feel there should not be a street on that alignment_~ A street system has been worked out and approved for the PUD. Since 'the' 3D-foot strip has never been accepted as dedicated land, there is no re- quirement for vacation. The- i>roblem can be cleared with a disclaimer to any interest by the City. e IMr. Hendei:shott conimented on development of the property and meetings with City staff at which street pattern and access were considered. He asked favorable lconsideration of the request prior to the ,next Council meeting. r Y [Mayor Anderson said that since the Commission did not comment it could be ; as~umed there is no desire to use the property for public purposes. Manager I ' l.said that although the Commission was aware of the public dedication there was :no diSCUSsion with regard to the City's interest or whether City should divest iitselfof any interest. Discussion was on street pattern to serve the PUD ~whi.chis not in conformance with the aligiunent of the dedication in question. ) The>st:rieet pattern approved provides for entrance onto Chambers :(~r.ther north !":t;han tl}EF' dedication and other entrances from the west e~-,,'Ni:rthrough con- i nec~j.~n';is planned unless at, some futuretime--i t is fel t to be desired. l", :.. ;:-.. 'Stan'r..Qng, assistant city attorney, in answer to Councilman Hershner said that : grant.c?of.'may still have title if the gift has n~t been accepted. I , I Discussion followed with regard to possible purpose for which the dedication 'was made, relationship of owners of balance of property in the development to those who dedicated the 3D-foot strip, whether the property is on the tax roll, ownership of the PUD property, possibilities of litigation as a result, of execut- ing a disclaimer, tax status as a result of returning the property to private ownership after its not being on the rolls since 1959, etc. . Mr. Williams moved seconded by Mrs. Beal to authorize staff to execute a dis- claimer ()f interest in the public proi>ert", in return for which the City will receive a "hold harmless" agreement from lIr. Hendershott's clients that would state in event of litigation the City's ihterest would be protected and that the City would be reimbursed for any cost;' of intersection paving previously paid by the City. i Councilman Hershner raised the possibility of criticism because of releasing a I substantially large piece of public property without knowing the status of the i title and without working out reimbursement for i.ts value. )' ; Ed ~eny~n; -R~~ister-Guard, asked whether the attitude of the Jones who dedicated. : the property is known. Mr. Hendershott replied that it was of no consequence / 'because a disc:laimer was all ~h~t;.w:a.~~ nee,ded to c!.e~~the, tip~.. ... , . ' " 'i nO. . "I: - --<". ,- --, - .:r;..".~ :-.',_.~_.,....,- ."-- ......_,....'''''"_..-._;..~.:.:..-;.r_--~__._.-...:.~:'--c._-~_-'-.) ~...' -. ,- 'There was' further' dlscussion and general agreement that lOOre :!-nformation should; , ,be presented prior to action. . I , : Vote was taken on the motion as. stated. Motion defeated, Councilmen Beal and :Wil~iams voting aye; Cdimcilmen Hershner, Campbell, Keller, Murray, and Wdod i vot~ng no. . , i !It . was understood staff woul~ bring back more information wi th regard to own~r-I ish~p of the property. Counc~lman Hershner expressed an interest in knowing the' ,'purpose of the original dedicatiol) to the public. _.,,- _,~,_-_,'-,-..'-...- -----,-.-~._---~._'.~~,. --. _. .._~- -,-"_. ....-- ._-.~~.--, ~---._--.-~~---.- 15 3/12/73 - 7 , ',. i I I \ I i . Comm 2/28/73 Affirm K. I Operl House-,iihe Shop" :'-council~~;'s w~~ i.;~ited to an open ho~~- f~;'-;'The Comm ,Shop" at 9:00 a.m. on March 1 in the Center Building at Lane Community College. 2/28/73 : The Shop is an organization of exconvicts who are trying to help other exconvicts : File : make the 'transition from prison back to the community. L. . Eugene/Springfield Ambulance - Bill Leonard invited the Mayor and Council members ,Comm to view a cus'tom built ambulance, put together in Eugene for the Eugene/Springfield File Ambulance Service. He said it is the only one of its kind in the united States. 2128/73 ., ,e Mrs. Beal moved seconded by Mr- Williams to approve, affirm, and file as noted Items A through L, except Items C, H.2: and H.3 (see individual action above). Rollcall vote. 1'1otion carried, all councilmen present voting aye. III - Ordinances Council Bill No. 194,... LeJ7Y-ing'iissessments, for paving north/south alley between' Oak and High from .27th to-,270 feet north (72-41), read the Eirst time on February 26, 1973 and referred t? March 5, ~97.3 hearing panel, was brought back ~ f~r consideration of recommendation to levy as pr@pos'ed< 'T0-e 'bill -Y.I'as -read the second t~me by council bilLnti.mb:er -only" there being no,. councflman,:rpresent 'r,eq:ues,ting that it ~be r-ead in full. , , " . Councilwoman Beal said she would vote against passage of this assessment becCJ:~se_~,she felt it' unfair that oWners of residential properties are forced to pay for improvements 'primarily benefiting large apartment developments; She recognized the Council has no choi~e other than to levy on front- footage basis under present law. e Mrs. Beal moved seconded by Mr. Williams that C.B.194 be approved and given final passage. Counci~an H~rshner noted'!hat.the Counci~ subcomm~ttee !o study assessment policy was fQ)?JDed :wnJDed:-a:=elr." folloT.i1.ng 1JJlple~entat1.on of th1.S proJect and protests registered by Q\ineX',of.re~J"dent1.al.l?roperty fr~nt1.ni on the alley but not-using it. Also, the Panel was aW.aPe y!Jr :ch1.S 'pr~b-lem'-'arE;!a;bllt 1.t' was felt t~ere was ho choice other than to- levy unless JDoney" Was taken r.:r>oJD the ~ Geriel'al. ..fund. COlmcJ.lwoma,n ,Real, hoped that the assessment. and w.oJ?k, on the alley. would 'be delayed: until :the ~sUb<iio.mmittee: haa.; de'cidecif~Q)Ii:amethod :Qf: . ass:ssment~hich woU1dnotpen~ize owners Or residential properties adjacent- to TImltiple- fam1.ly ho~socng. Manager expla1.ned that the alley had been paved and the contractor paid. The levy 1.S necessary to collect the money or secure bond applications so bonds can be sold for money to reimburse ~he ~ity's funds. The subcommittee has presented a report on a ~ethod of assessment wh1.ch 1.S scheduled for Council discussion March 14. However, even 1.f that procedure is set up it would have no effect upon this particular assessment because the propert~ is zoned for mu:tiple-family use. Mrs. Beal said the procedure agreed upon by the subcomm1.ttee and th~t wh1.ch the Public Works Department was requested to work out would have taken care of th1.S assessment. She didn't feel the effort to find a new formula would be worthwhile if it wouldn't apply DO this type situation. -R9~~call,v0~~-was taken on the.motion asstated.=~Motion carried, all councilmen present votuig - aye, except Councilwomen Beal and Campbell voting no, and the bill was declared passed and numbered 16732. Council Bill No. 195 - Levying assessments for paving Norwood from Carmel to Marlow Lane (72-42), read the first time on February 26,1973 and referred to March 5, 1973 Hearing Panel, was brought back for consideration of recommendation to levy as proposed :~]!1-~?btll was ,reag:the second time by council bill number only, there being no councilman present "requesting that - it be read in full. ~i:... . Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16733. Council Bill No. 196_.-, LeY'jing1assessments .fo)? paving,sani tary and storm sewers within 6th, Addition to Oak Hills, and paving Stoney Ridge 1\0 ad from Craigmont Avenue to 400 feet nopth (72-46), read the first time 'on Tebruary26, 1973 and referred to March 5, 1973 Hearing Panel, was brought back for consideration of recommendation to levy as proposed. The bill was read the second time by council bill number only, there being no councilman present re- questing that it be read in full. Mrs.Beal,moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16734. e Council Bill No. 197 - Levying assessments for sanitary sewer between U. S. Highway 99 and 400 :feet Nest and between 5th Avenue and 1700 feet northwest (72-56), read ,the first time on Febr~ary 26, 1973 and referred to March 5, 1973 Hearing Panel, was brought back for con- 'f~ .,tp 3/12/73 - 8 . sideration of recommendation to levy as proposed. The bill was read the second time by council bill number only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be appro~ed and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16735,. Council Bill No. 201 - Levying assessments for sanitary sewer on Ber.telsen Road from SPRR tracks to 5th Avenue was submitted and read the first time by council bill number and tit~e only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be referred to Hearing Panel for March 19, 1973 hearing and brought back for Council consideration of Panel recommendation on March 26, 1973. Motion carried unanimously. Council Bill No. 202 - Levying assessments for storm sewer between Gilham Road and Norkenzie Road (1000 feet more or less west of Gilham Road) from Brewer Avenue to Belt LIne Road was submitted and read the first time by councilbili number and 'title only, there being no councilman present requesting that it.be read. in full. - Mrs. Beal moved seconded by Mr. Williams that the bill be referred to Hearing Panel for March 19, 1973 hearing and brought back for Council consi~eration of Panel recommendation on March 26, 1973. Motion carried unanimously. Council Bill No. 203 - Paving Echo Hollow Road from Royal Avenue to Barger Drive was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16736. Council Bill No. 204 - Adopting plans and specifications for paving Echo Hollow Road from Royal Avenue to Barger 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. ". ~, Councilman Williams wanted to know the nature of specifications for construction on 'Echo Hollow Road as they relate to use of bicycles in that area. He noted that a report request on use of sidewalks for bicycles had not been received. He said he would not be interested in engineer- ing objections to use of rolled curbs because' of drainage, and that unless there was an al terna- tive methoq ofconstpuction w?ich would permit transition of bicycles from sidewalk to street, he would vote against this proj ect . Public Works Director explained' that the plans fOr the street provide for a five-foot path on each side designed to accommodate bicycle use. Bids will be called on basis of the extra width giving the Council an opportunity to decide whether funds should be included for the bicycle path construction on the project; He added that the Bicycle Committee is working on a possible change in specifications at intersections which will allow bicycle travel from sidewalk to street level;' After further discussion of type of ramps 'and curbs planned, Manager said staff would not agree to construction of rolled curbs along the side gutter. He added that the Bicycle Committee has in mind a ramp arrange- ment at intersections to facilitate bike use of sidewalks. Councilman Williams 'said he de-' cided to pursue the subject because of the sidewalk construction on Coburg Road with bike off- ramp at one end only. Public Works Director noted that bids will be called for correcting that use and for ramps to the walks along Hilyard and South Willamette. Mrs. Beal moved seconded by Mr., Williams' that the bill be read the second time by council bill number only, with unanimous consent of , the Council, and enactment conside~ed at'this time. Motion carried unanimously and the bill was read the second time by council bill number only. . Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen presentcvotifig aye, the bill was declared passed and numbered 16737. Council Bill No. 205 - Construction of sidewalk on Echo Hollow Road from Royal Avenue to Barger Drive was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by'Mr. Wiliicl:ms that the bill be read the second time by council bill number only, with unanimous consent of the Council, and'that enactme~t be consid~red. at this ti~e. ~oti9n carried unanimously and the bill was read the second t1me by counc1l b1ll number ~nl<. "1 3/12/73 - 9 Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16738 . IV - Resolutions Resolution No. 2154 - Authorizing deed to Kenneth and Patricia Bostick, one lot on west side of Prairie Road at Irvington Drive(EWEB) was submitted. . Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. All council- men present yoting aye" motion. carried. Resolution No. 2155 - Authorizing deed to Eugene Renewal Agency, one lot northwest quarter- block between 10th and Broadway, Lincoln and Charnelton (EWEB) was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- ried, all councilmen present voting aye. Resolution No. 2156 - Authorizing agreement with Southern Pacific Transportation Company re: Crossing gates at High, Pearl, Lincoln, Lawrence ,Madison, and Monroe was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- ried, all councilmen present voting aye. Resolution No. 2157 - Authorizing agreement on easements with Southern Pacific Transporta- tion Company re: Crossings at Lincoln, Lawrence, Madison, and Monroe was submitted. . , / ~ Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall. vote. Motion car- ried, all councilmen present voting aye. Resolution No. 2158 - Authorizing payment of bills, claims,-and progress payments for period February 26 through March 12, 1973 was submitted. In answer to Councilman Hershner, Manager said the $12,000 payment to Merle L. Russell was an installment payment on the 12th and Oak parking lot property. He explained to Councilman McDonald that the $2,78,8.71 payment to Joe Romania Chevrolet was for a new truck for the, Public Works maintenance division. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- ried, all councilmen present voting aye. V ~ Aid to Dependent Childr~n Request - Linda Wilt, ~n officer of the ASUO ADC, explained that new Federal regulations would delete the use of private funds for matching money at the local level. She asked Council suppoi~t ~p an effort to r,etain that provision.. , Mayor Anderson noted that the ADC program has been most successful in Oregon, and its impa~t on this community very helpful. He suggested careful consideration by the Council. I~ ~ Councilman Williams thought the logical way to control expenditures on these programs would be to appropriate an amount equal to that granted by the Federal government. He moved that the Council indicate its support of removal of Section 22~~62 from the ,Federal regulations. There was no second. . Councilwoman Beal questioned the manner in which indication of support was to be brought to the attention of the Federal government. She made a substitute motion to instruct staff to work with Ms. Wilt in preparing a presentation to Congress indicating strong support of the ADC Association and of its program, and of the Council's agreement with the ADC in their stand against passage of these restrictions. There was no second. Mr. Williams would not accept the substitute motion, saying he did not favor going on record with regard to sending a letter prior to the Council's knowing how the message read. Mrs. Beal suggested a Council member be delegated to work with the ADC people in. preparing a letter for consideration'at the Council's Wednesday meeting. Tentative Council approval could be given now to allow its transmittal to Congress if the presentation is accepted on Wedqesday. Mayor Anderson invited suggestions from Council members in preparing the statement as well as from any others desiring to participate. Mrs. Beal moved seconded by Mr. Williams that the Council through its Congressional delegation seek removal of Section 22l.62 and that a letter be prepared by staff in co-operation with Ms. Wilt and a member of the Council for presentation at committee- of-the-whole meeting, and pending approval at the committee meeting of its contents, the letter would be sent to the Congressional delegation. . e Councilman Wood said that after a discussion with Congressman Dellenback on aid to education and various other programs, he was under the impression this ,particular section was no \~ 3/l2/73 - lO 'e longer of concern, that,the matter had been resolved. Ms. Wilt knew Congressman Dellenback was working on the program, but she understood it had not been resolved. She said contact with HEW indicated the section was still a part of the new regulations. Further conversa- tion between Councilwoman Campbell and Ms. Wilt centered on whether another motion was necessary to answer the problem of scholarships and the use of matcmng funds therefor. Vote was taken on the motion as stated and seconded. Motion carried unanimously. Councilwoman Beal was appointed to work wlth\the ADC and staff in preparation of the letter. ~- \ VI - Native Americans, Wounded Knee - LarrYBUdlong, 2396-1 Patterson Drive, and Greg Lui-Kwan, 855 East 32nd Avenue, requested Council endorsement of resolution they presented with regard to the confrontation at Wounded Knee, South Dakota, between Oglala Sioux Indians and the Federal Government. The resolution asked for a Congressional investigation of treaty rights and Federal dealings with the Indian Nations. Also, a United Nations investigation in recog- nition of the sovereignty of all Indian Nations. They asked the Council to support their request that Federal agencies be removed from Wounded Knee and all Indian reservations. They asked for material support for the pEOple at Wounded Knee through a pledge of 1% of the City budget for medical supplies and food. . ~n answer to Councilman McDonald, Mr. Lui said the United Nations w.as brought into their re- quest to gain recognition that Indian Nations are alien countries within the United States. Mr. Budlong added that because of the many efforts to gain action from the Federal government, it appeared the choice was to "pick up arms 11 or take the matter to the United Nations. Mayor Anderson noted that many Chiefs in attendance at a Tribal Council held in Eugene recently were not in complete agreement on issues mentioned in the resolution. He questioned whether the Council should take action without full hearings to gain information from all sides of the situation.:. He suggested that the adoption of the resolution presented would be unwise in view of the many conflicting reports regarding the Wounded Knee incident and without apprisal of all issues involved. There was consensus on support of the Native Americans in their plea for better conditions on the reservations, but Councilmen felt that more information would be necessary to allow proper consideration of the request. Mr. Lui cited statistics with regard to living condi- tions and mortality rate among the Indian people. Mrs. Beal moved seconded by Mr. Williams to postpone discussion pending presenta- tion of more detailed information and corroborating facts from others who have investigate the situation, and possibly another meeting wi th:those making the presentation. '. Mr. Budlong and Mr. Lui stressed the urgency for immediate action to bolster their cause at Wo.unded Knee. They offered preparation of the required facts if the Council would call an emergency meeting to give them consideration. Mayor Anderson felt there was little effect this Council's action would have on the situation at Wounded Knee and noted the undesirability of taking action in a hasty manner. Sara Saltzman, 1661~ High Street, declared the matter urgent and vital to the people at Wounded Knee. She couldn't understand hesitancy on the part of the Council in giving its support to the Native Americans. Manager suggested the Council might want to consider a statement of concern for a peaceful solution to the confrontation at Wounded Knee which could be transmitted to the proper authori.ties. Then a review of treaty rights and requests of a long-range nature could be given careful consideration after enough information was given in support of those requests. Mayor Anderson said a statement could be prepared for distribution to Oregon's Congressional delegation for adoption at the Wednesday committee meeting (March 14, 1973). The state- ment would reflect the dramatization at Wounded Knee of seeming impasse in relationships with Native Americans and urge that a solution be given high priority in Congress. Then if development of a program is desired or a resolution with regard to the balance of the requests, that can be given the proper consideration. Council agreed and the motion was withdrawn. . Mrs. Beal moved seconded by Mr. Williams that a statement be drafted on the Wounded Knee confrontation for submission to the Council for action .at the Wednesday March~'14, 1973 committee meeting, and forwarded immediately upon approval to the Congressional delegation. Motion carried unanimously. VII - Hearing, 1st Avenue Ramps - Council agreed to hold a meeting on Monday, April 10, 1973, for the purpose of public hearing on removal of 1st Avenue Ramps at the Washington/ Jefferson Bridge interchange. e, ,q 3/12/73 - 11 VIII - Contract ,":Police Patrolmen's Association.,.. .Manager annolll1ced agreement with the Police Patrolmen l s' AssociErHon"'in 'conformance' with statement previously distributed to Council members. , - Mrs .Beal moved seconded by Mr. Williams to authorize staff to' sign contract with Police Patrolmen's Association as presented. Motion carried unanimously. Councilman Williams raised the question whether Coun~il approval of labor contracts is necessary. There was some discussion with regard to delegation of ~anager as Council's agent or continuing the practice' of bringing negotiated settlements to the Council for" authorizatioR to sign. Mr. Williams moved seconded by Mrs. Campbell that Council continue to approve contracts. Motion carried unanimously. IX - Joint Committee, LCOG/Plannin~/School Districts - To discuss future plans of the jurisdictions. James Pearson has been appointed as the Planning Commission's repre- sentati ve. 'Any Council member wishing to serve as the Council' srepresentati ve was asked to contact Manager. Upon motion dul y made, seconded, and carried, the meeting was adj ollrned to Monday, March 26, 1973. ~~y City Manager 80 3/12/73 - 12 ., ~, -- . . .