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HomeMy WebLinkAbout03/27/1973 Meeting . '-" " - . . Council. Chamber Eugene, Oregon March 27, 1973 Adjourned' meeting of the Common Council of the city of Eugene, Oregon - adjourned from the, meeting held March 12, 1973 and postponed from March 26, 1973 - was callect,to Qrder by His Honor Mayor Lester E. Anderson at 7:30 p.m. on March 27, 1973 in the Council Chamber with the following councilmen pre- sent: Mrs. Beal, Mr. Williams, Mrs. Campbell, Messrs. Keller, Murray, and Woods. Councilman Hershner ~as aBsent~ ' I - Presentation of Plaques, Boards and Commissions . . A. Mayor Anderson presented plaques to the following inrecognition of their service to the community: Mrs. Jay Jones, A. Dean Owens, Erwin Jidlfs - Human Rights. Commi-ssion; Al.ton Lenhart - Zoning Board of Appeals; Charles Wiper, Murl Wescott - Airport Commission Others to receive plaques but not present were Stanley Vance and Ralph Cobb, Budget Committee; Mrs. Fred;Mohr and Mark Miller, Human Rights Commission. II - Public Hearings A. A eal Conditional Use Permit for Willamette Christian Center 2 th between McKinley an Hawkins Heights - Donald David, 133 }'Jladis6n Street, representing Willamette Christian Center, appealed the ~lanning Commission's denial FebruarY~9, 1973 of conditional use permit for multiple-family housing project on 20th between McKinley and Hawkins Heights. . Jim Saul of the Planning department displayed slide pictures of the area and explained that the development is under a Federal 236 Grant with controll~d income and rent to be occupied by the elderly. It is planned to construct 90 units on 6.65 acres resulting in a density of 13.5 units per acre. The formal appeal was read stating the appellant's position that the Planning Commission abuse its discretion'in denying the per- mit with regard to density, location, neighborhood facilities, funding, adverse impact on neighborhood, and transportation. Copies of staff report were previously distributed to Council ffiBm- . bers. . . Public hearing was opened. Roy Adkins,825 East Park, attorney representing the Center, said..he felt the two issues involved were provision of housing for the elderly and compliance with conditional use permit criteria. He said the Center would abide by any reason- able conditions set by the Council. He noted that services are available to the site " there is ace ess to transportation (the Center also will provide additional bus service for the tenants), there is only one other low-income housing project available in the community:,. th~ site has been approved by Federal agencies. Mr. Adkins submitted. let-:'fers from the Federal govenment indicating final com- mi:tment -on funding will not be forthcoming until all other matters are cleared, principally local zoning. He felt if the Code was interpreted to mean that this type of construction would not be per- mitted until funds are committed by.the government, then it did not appear likely any 236 projects would be completed. Mr. Adkins didn't feel density was of issue because of plaRned occupancy by elderly people which would demand less in the way of schools, public trans- portation, and recreational facilities. He said that although the Center owns the northerly part of the property, commitment had been . >...made:for.. its sale. No deed has been given but the property is not under control of the Center for a two-year period or until the deed " is accepted or tendered back. For that reason, Mr. Adkins felt use of the northerly portion of the property was not of issue. He maintained that conditional use permit criteria was met and that the question of proper density was ~ore or le~s a m~tter of opinion. \ Pastor Murray McLees of the Wil.lamette Christian Center said the Cen- ter became involved in this project because of its desire to provide housing for the elderly and had assurance from Federal people that this housing could be funded with Federal money. He could see no reason why it should not be located on the proposed site. Others speaking in favor of the project were Mrs. Fred Broders, 1905 Haw- kins Heights; Mark Millard, 2854 Villa Way; Dorothy McKee, 1790 .:West 13th; and Carl Lane, 1545 Holly Street. ",. 81 3/27/7~ - 1 'l- Manager noted a petition signed by 82 residents of the immediate vicinity opposing the project on the basis that low-rent housing .would decrease property values, view lots would be destroyed by construction of the proposed two-story buildings, traffic and parking to t.he back of the property and increase density would con- tribute to noise factor. - Vernon Gleaves, 2515 Highland Oaks Drive, speaking as a resident of the area, objected to issuance of the permit. He reviewed past Commission and Council,actiDn in denyi,ng other requests for multiple- family housing in the area with the exception of one abutting 18th Avenue which was approved. He noted that in that instance the pro- ject was granted for a 20-acre parcel on the express condition that density would not exc eed eight ' units per acre. Buffering between ":~ that project and the single-family area was to be provided w1th higher-:-valuesingle family housing. Mr. Gleaves 'calledatt_~~t.:ion_ to the present policy of not allowing more than R-l PD density south of 18th, and the area as shown in the 1990 General Plan would carry no more than 10-units per acre. Als9, that the present equipment storage yard use on a portion of the property is being phased out and there has been no indicatiDn of the intende~ use when the phase~ out has been compl.eted. Mr. Gleaves said the app,ell,ant has the bur=: den of proof that the Planning Commission abused its discretion in denying the permit and that the project would not have an adverse effect on the surrounding area. He reviewed history of rezoning denial on other:.properties on the basis of density and said.:"there was no reason why the area should not remain a single~family resi- .,':" "'dent:ta-:r_~~elt~-=-He ..n.oted the'opt~'.Qb~)3t_ill. in eiistenc.efor"possible .' use of" a portion of the Center's property for a Fred Meyer store and feared that allowing multiple-family zoning adjacent to that site would make easier commercial zoning in that area where it has traditionally been denied. Mr. Gleaves sai,d this project was reviewed by the Committee on Aging which rec.ommended denial on the basis that it did not meet the needs of the age.d. He memtioned the qrgument presented by Mr. Adkin$ that wording of the' Code prevents Federal financing prior to :~:V€e~.approval, ~and maintained that. a change in the zoning ordinance shs:nlldbe sought rather than al change in.~the permit criteria. . Mr. ''Gleaves primary concern was a density of 13.5 units per acre adjacent to a single-family district and possibility of commerical .development on the balance of the Center's property' not being used for the housing development. Others opposing the project were Lawrence Maaden, 2511 West 21st Avenue; Janet Doll, 2577 West 21st Avenue; Bob Horning, 2505 West:=, 21st Avenue; and Laura Coker, 2183 Cijz.y View. There o1;:>jegtions were based on possibility of othei than elderly eventually occupying the housing, traffic adjacent to single-family back yards, remoteness of services normally used by elderly people, height of proposed structures, and probably cbntributionto smog through increased traffic. . -- . Pub~ic . l:l~~tiFl,g was c:;Losed. ~ . _' :... 4~ . .~:.~ . . _ "'..J=~ - _ ~. ._ -. '-- , ":,.;.... _ _ __ '" .,.," Staff notes with regard to the conditional use/ permit were read. Councilman McDonalddid"not favOr the.project, referring to the policy of single-family zoning only ,south of 18th Avenue. Council- man Murray wondered i1' claims that this type of housing del!rreased values of surro1;!.nding properties could be substantiated, and whether this project woili~d be feasible based on a density 01' ten units per acre. Jim Saul, Planning department, said that the proponents claimed ten units per acre would not be feasible when the Planning Commission asked the same question. Some discussion followed with regard to development of the overall site, Fred Meyer option on-a portion of the property, and a ~ossible new look at density and parking on the basis of people.per acre _'~ rather than units per acre. Mrs,., 'ireal~,-inoved seconded by Mr. Williams that the Council... uphold the Planning Comm~ssion and. deny the appeal. / Councilwoman L.:ampbell wondered why the housing would not be finan- cially 1'easible based on ten units per acre. ;:;he said other appli~ cants proceed with PUDs after certain conditions are set even though they don't necessarily receive what was 01~iginally requested.,' Councilman Murray was interested in that point also ,saying tna't if B2. 3/27 /73 ~ 2' . - .ten units per acre were not feasible he would like to know whY'(1 Mayor Anderson said that the applicationUnder,q~s~~ssion is based on 13.5 units per acre. If th~ applicant feels ten units per acre would be satisfactory and stands a better chance of approval, an application should be filed on that basis. Financial feasibility , . and the number ofuni-qs to mak~ it, so would not enter into this consideration~ Discussion continued on other,'developmerits of this nature and privilege of applicant to submit ano'ther proposal. Ap- proval of the general concept of providing ~ousing for the elderly 'was given if plans were supmitted in line wit-ll the General Plan. . (J . Vote was taken on the motion to uphold the Planning commission and deny the appeal. Motion carried unanimously. Mayor Anderson acknowledged the concern of the Center for provid- ing housing for elderly people and the critical need in the community f~r such housing. He said concern of the City is demonstrated through many activities, involving the Committee on'Aging in providing recreational facilities and a housing program. He explained that. even though the Council is concerned with these prqblems, it is also faced with established criteria for permits of this nature and judg- ment is made on that criteria, not upon the endeavor to provide the needed housing. He expressed the.. hope that other projects would be forthcoming reflecting the concerns exhibited during this discussion. . B. 1. ! Annexation.38 acres on ea,st side of Calvin Street north of Harlow Road - BltQIJ ; F. O'Donnell - Planning Commission recommended approval on January 29, 1973. l , 2. , St~et Name Change - Planning CollJlllission on February 13, 1973 recommended street name change for 177 feet of Chase Street south of Pattison Avenue to "Bemtzen 1 Road." Planning Commission Recommendations ^, Resolution No. 2159 -Trans'mii:;tJ"ng-=,io .the . Boundary Commis$'ion a request .i'or"a:nnexati6n 'of .38 acres on east' side of. Calvin. Street north of Harlow Road,..was submitted. L" ._ Mrs. Beal moved seconded by Mr._WiJ.liams to adopt the resolution.' Motion 'ca'rried e 'unC!-nlfnously. " '. ,. . Resolution No. 2160 - of Chase Street south submitted. Authorizing street name chaAge on'a .portion of Patterson Avenue to "Berntzen Road" was . Mrs. Beal moved seconded by Mr. Williqms to adopt resolution. Motion carried unanimously. 3.' Rezone from C-2 to C-2 SR area between Belt Line and Echo Hollow south of Barger- , Planning Commission - Approval recommended by Planning Commission on E:ebru4ry 6,1973. ...-------------;:--- ~- C,pllpc:Ll. B~ll No. 206...., 'Re'zoning tOC;.-2 Sit :ar'ea'betweEiri"'B~tt. Line arid. Echo Hollow south of Barger.was submitted and read by coun~llbill'number and ~~tJ.e only, there being no ~p~ncilman present ~equesting that it be read:l.'.n f.u.ll.' . ""." ". '. >. . -.-.. . . . ~. . ~ " .' . Mrs. Beal moved seconded ,by Mr. Williams that the bill be 5reaa=the~second time by council bill number only, with unanimous consent of tneco~mcil, and that enactment be considered at, this time. Motion carried un8.nimously and the bill was read the' second time by council bill number only. Mrs. Beal moved s~conded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen pres~nt voting aye, the bill was declared passed and numbered 16739. Council Bill No. 207 -. Zoning' RA newly-annexed area along Hawkins Lane fron:r:,'Hawkins Heights Boulevard south about . 3750 feet. was subml tted 5lnd read _ by.council bill number and t'itle only, there being. no cou:q.cilman present,re":"-~\ questing that it be read in full. . B~ 3/27/73 - 3 ! At C<.;mncilman .McDonal'd' 8.request a map :.of the Hawkins' Reights ar,ea was: $hown and bQundar;ies of .the -annex.ed area to be z~oned pointe,do'ut. '., . i Mrs . Beal moved seconded by Mr. Williams that the bill be read the .,. second time by council bill riumber ,only, with unanimous consent of the' I Council, and that enactment 'be considered at this t'ime. Motion carried unanimously'andthe bill was read t'he second time '.by :council bill'num- 'I ber only.' . . I I I :..,;. ,- Mrs. Beal moved.seconded by Mr. 'Wil'liams that the"bill'be approved and i given final.passage., Rollcall vote. All coun,6ilmen present voting aye:, the bill was declared passed and numbered'16740. " . , 5~,vac;:itioii'of a11ey'between1ith andi3th~irom";;dd-biock alley east to Wi11amette i: ; Street - Eugene Hospi tal & Clinic - Planning Commission reconunended denial on i January 29, 1973. , . '., " ..'..... . . . .' . I . Peti tionE~d by tli~ .Eugene .Hospit;al. &, 'Qlinj,.G .',to p'errp.i t" use.'of the southP"i':iJ,,-. entrance to their building as a publlC entrance wlthout l-nterference ~~\,>~ fro~h]..,.flow:. of.. (raffic . requested vacatiod. i i Mrs. Beal moved seconded by Mr.. Willlams'todeny the . Motion carried'unanimously. . v .- - .'. '.,_ A" '. ,.....- T' ;_'- - . _ _......~. 6.Ann~x~tion 6.5 acres south of Ch'ula Vista Boulevard opposite Spring Boulevard ~ 'i ,; Obs~d~ans and John and Sandra Harland - Planning Commission on February 13, 1973 re.commended deni~l. ~'. . .'. . '". .: .' f ~~~~li,t}"'~~e t~Il~~d~~dt~ l~~~i~~s~~~I~~i~nb}~l~"~h~t~e~~~~~t~ ~~ii~~~~~~~:~~:. ~c ,tton pr~mature' becau,se of lack. of' ,availapil:itOy .of' any Ci ty ~ facili t,ies 'to the area.' .~ Clarenoe ':'Tf~rfa:e~s~,'I9'64 ~.East '~+~th~~A~en1ae, representing the applicants, said. the 'anri-exat'iDn 18' requested in ord~rto -reduce the Obsidians insuranc.e premium on 'the property. They "do, not;interidto .:develop the property, therefore are not asking for,-public facilities. Archie Hammond, 2'200 East 29th Avenu'e, did not oppose the annexation bu.-tdid not.wish his pro-pe;rty to.be"includE2d.if the'a..rea :isannexe'd. '~-_..- Mrs. Beal, moved seconded by Mr. Williams to deny the 'requested annexa- tion. Motion carried unanimously.. ._~- ._.-._."..".-~~'",;,~.",:"~'.!...;--:.' .'-... .... .. .~. 7;. cQde Amendment re: Residential-Profession41. District - Planning ClJ1l11I1I.sSion . : reconmended approval on February 6, 1973. Copies of proposed amebcnr.,nt prfivious1!1i . . distributed to Council members. ! \_~ . t ~, The amendments redefine and'rini:t.:c','sI0mewhat uses. permitteq.-- i?-.i;Jle exist- .ing":g?d'e.~'_~:..~:..:'..>....'-. ' ' , " "".'j' '~~,";-'- .. ., --?-. ^ Co~n~il' Bill' No ~ .208 "-AmEirfdlng' Re'sidentlal"';Professlonal- District was :J:3ubmitted. and. read b;x;}council bill number and title only, there be~ng no councilman present requesting that it be read in full. Pu?lic. .hearing ,held with no comment made.. Counc'ilman Williams asked if a :use permitted and in. existence in-an RP D;Lstrict under present: Code would have to "phase oui". after two yetfrs'- if it is not a permitted use under the amendments." Jim Saul, plann~r, replied;~hat, in some instances non-confirming'uses. would be consi.dered appropriate, depending upon: the. location. and 'surrounding u.ses. Ov.er the n,ext few yea'rs the C:ommiss.ion will- be reviewing all . districts, trying~o bring existing, uses more dlosely in ac~ord with the General Plan - there may be some changes. He affirmed Councilman Williams statemen~ that it could in effect take an existing use with no require!llent for compensation if done on a phase-out basis. . ~ - . James Pearson; president of Planning Commission, explained that the zoning ordinance does require the Gorpm.ission to establish the period of amor.tization and the:::orily ones which have been establish.ed are for :industrial~;us'es inre:$ideritial areas. H.esaid in setting these periods consideration is 'given to iife of a structure, type of. business, etc. He felt it unlikely that the COmmission' would recommend an amortiza- tion schedule short of-the--llsefLll life of a structure or that the ....." .'. '. .....",~~ .. I f>4 ':(~ 3/27/73 - 4 , e e . . Commission would be getting into the area of commercial uses in RPDistricts.' '. Councilman Murray noted elimination of any reference to "light commercial," replacing it with "professional office uses." He,asked whether that would rule out development of large....;,scale senior citizen facilities, including service facilities such as grocery, medical' clinic, etc. He' wondered if t{lOSe kinds of facilities were allowed whether they would have just as much external impact upon a neighborhood. as "light commercial," and why "professional officeluses" shouldn't be desingnated as "light" also. Mr. Saul replied that any large-scale residential developIDBDtwould probably be under PUl) procedures, so conceivably commercial. use could be provided. There is no provision at this time for dealing with size differeY:ltiating between "light" and "heavy" in professiDn<?,l uses would not be appropriate because that type of comparison is based upon degree of external impact - visual, noise, vibration, etc. In talking of pro- fessional uses consideration is given to nature of the operation. Mr. Murray felt it important that the.term be qualified if the intent. is to limi t those..;kinds of develop,~ents that would have a heavy exterhal impact. IVlrs ~ Beal moved seconded by Mr. W::i-lliams that the bill be read the second time by council bill number only, with: unanimous consent o~~he Council, and that enactment be considered at this time. ,."" ,,- ---,~ .-.' . Councilman 'Williams said the issue of this ameridment is one of appropriate buffering or residential districts from. high density thoroughfares, such as encountered in the establishment of Citizens Bank at the corner of Gal Young and Coburg Roads. The position in the past has been that appropriate buf- fering is multiple-family housing but experience with'tl)at'typedevelopment along heavily travel$d street with noises generated therefrom has proved to be a point of conflict in thecoli~iunity. Although there may be some objectionable features in the present RP uistrict as contained in the zoning, ordinance, the light G'ommerical/professio:q.al uses seem to be the least offensive method of buffering residential areas near high density tho'roughfares. Mr. Williams felt the amendment would remove that buffer- ing tool and would make the RP zone useful only for transitional purposes between major land uses. He found it difficult to agree that the zone should include doctors' Offices, churches, schools, etc., but not barber and beauty shops; he felt th'e impact would be similar. Further, .he thought traffic noises from vehicular travel to schools would be far.greater than that to banks and other establishments now permitted. He urged rejection of the. am.endment, saying the tool now provided for buffering residential areas should not be given up. . I \ Mr. Pearson explained, that the Co~ission felt the present RP District classification was not working. Some uses permitted which would allow certain signing, overhead lighting, and which generated traffic were objectionable to residents, and were incompatible to surrounding uses. Commission and staff thinking is that because of the Citizens' Bank development there may be applications from other financial institutions for use of this zoning; so.Commission is anxious f'or the revision.' They feel the changes recommended will provide a u'se-fli 1, planning tool and will receive more acceptance by the public. He added that schools and churches under the amendment would be permitted conditionally, given the right are~ and condition$ which would make an appropriate development. In answer to Councilman Murray about elimination of H.~ zone as a buffer- ing .zone, Mr. Pearson said it is not being used for buffering now. Very few requests for RP Zones have been received because of the questionable uses permitted. Under, the amendment, he said, uses would be a little more limited but the buffering potential would remain intact, in fact would enhance utilization as a buffering classification. Councilman McDonald stated he was in favor bf the amendment, saying it would give the Commission something to work with. Mr. Williams repe'ated his contention that, although it' would give a;~suitable zon~ for transition be- tween major land uses, the amendment -d&es:tlot "fa:cidres~' the' problemofbuf"':' feting reside:htialareas from major thoroughfares. It was his feeling that uses calling for objectionable signing~ ~ighting, etc. could.be controlled under PUD procedures, and that it was a mistake to restrict the uses now permitted in the RP zones. .Mr. ~'i11iIur,raf' move.d seconded by Mrs. Gampbell,to insert the word "light" before the term "pro1'essional office uses" in Section 0.392 of the amend- ment. p' es 3/27/73 - 5 Mr. Murray was concerned that a flood of requests for RP zones w?uld come with attendant hassles because the term as now stated sems lncon- sistent with the intent. Councilwoman Beal was against re~riting leg- islation on the spur of the moment. She suggested'discussion'in com- mittee, saying any chamge should be reviewed by the Planning Corr~ission prior tb becoming:eff~ctive.' I .>1 With consent of the seconds, Mr. Murray withdrew his motion, and .' Mrs. Beal withdrew the motion for'second reading. Mrs. Beal Moved seconded by Mr. Wil~iams that the bill be tabled. Motion carried, all voting'aye except McDonald voting no. Manager asked if the intent of the;mbtion was to allow consideration and recommendation from the Planning' Commission regarding the concern about limitation on quantity and extent of professional offices'rather than to table. Council agreed that purpose of the motion was to allow Planning Commission review of buffering techniques and staff comment. Mr,s .~13ea'+::::r'~stat'ed themoY"Qn s econC1ed. by :fvt:r<'Willia;;ms~-tha t the c,oUnc-i'i -Dill be rel'errea to the Planning Gommission for comment on buffering resi- dential areas adjacent to highly traveled thoroughfares. Motion carried unanimously. . Mayor Anderson left the meeting and Counc.il President, Beal . assumed the Chair. . , .;\ III - Consent Calendar Items previously discussed in comrtlittee meeting MatQh J.:c*'?~_I9J:J.,., '... .cPr~sent: Mayor Anderson ; Counc'ilmen Beal, Williams,. IVlcDonald, Hershner, 'Campbel;L K~ller, . Murray, and Wood; City Manager and staff; and others;) and March 21,. 1973 (present: Mayor Anderson; Councilmen Beal, McDonald, Campbell, Keller, and Wood; Assistant Manager and staff; and others.): A. I ~intrrients, Boards and' .Commissions - pointments: Airport Commission - . .- ....-.--.-.-1 Mayor Anderson announced the following ap- \ Jan Amun~son (Mrs. John), 938 East.22nd Avenue Replacin,g Murl Wescott, resigned, for the balan~e of the term ending January 1, 1974. Boxing Commission - Reappointment of W. W. Porter, 1351 Jefferson Street Frank Riggs, 2040 Agate Street DOnald R. Barker, 2065 Law Lane Hugh Luby, 1730 West 28th Avenue Dr. Leland Stauffer, 661 Sterling Drive . =- Bicycle Committee - Laoni Davis (Mrs. Robert), 3015 Emerald Street . The Mayor recommended reappointment of James Mitchem, ~6l0 Cal Young Road, to the 'Electrical Board for the three-year term ending January 1, 1976. 'Mx5: Beal moved seconded by Mr. Williams to approve the reappointment of James . . Mitchem as recommended. Motion carried unanimOUSly. B.' Proclamation, Week of the Young Child- Council was requested to join in pro- . claiming the week of April 1-7, 1973 as The Week of the Young Child in recogni- ; tion of the need for quality care and educati on of the young. Comm 3/14/73 .} Appr:Qye i ?!: .,[ I . Mrs. Beal moved seconded by Mr. Williams to approve theprocla1T}ation. Motion carried ~animously. , ..... ! . Comm 3/14/73 Approve c.Stat~s Report, Bicycle Facilities - Councilman Williams moved seconded by Council- man Wood that a written status report be prepared within 14 days on efforts to . . make sidewalks available to the use of bicycles by altering the curbs. He did not intend that the report cover specific recommendations for.the' alterations, , ,rather to give an u~4er~tandi~g of what.has be~n done arid .the p~o~.~emgencountered. 13/1Ei. Vote was taken on the motion as stated, and motion.carried unanimously.; Approve _ . . , .... ..._" ~,......_...._...r. .._ D.Proclamation, Federal Regulations re: Private Funds for ADC - Council members were I furnished copies of a proposed proclamation urging deletion from proposed Federal regulations the stipulation that donated private funds or in-kind contributions cannot be considered as the State's share in claiming Federal reimbursement. The proclamation and covering statement were prepared at the request of the Council at its March 12, 1973 meeting. e<o 3/27/73 - 6 . Councilman Keller questioned the number (500) mentioned in the covering statement. He noted that the information presented at the March 12 meeting covered 700. ! ,Unda Wil t ADC co-ordinator, explained the 700 referred to those invol ved in the scholars hi; training program; the 500 were those who had completed training and had left the welfare rolls. Mrs. Beal moved seconded by Mr. Williams to adopt the statement and proclamation and transmit them to the appropriate Congressional people. Motion carried unanimously. C oinm 3/1ft,i73 Appryove _0 E. Statement, Wounded Knee Incident - Council members were furnished copies of a statement with regard to the Wounded Knee incident. The statement was prepared i at the Council's request ap a result of the Native American presentation at the "'--' March 12 meeting. Councilman Williams suggested deletion of the word "meager" in the next to last paragraph making it read "The fact that the ... efforts up to now do not meet these cri teria ~ . . ." Mrs. Beal moved seconded by Mr. Williams to adopt the statement, deleting the word "meager," and transmit it to the Oregon Congressional delegation. Motion carried unanimously. , p',.'_ :L~ ConUn 3/14/73 Approve - F~ Sewer Assessment, 11th Addition Edgewood (C.B.16l) (Project 72-22 and 23) - Scheduled for reconsideration by Council at its February 26, 1973 meeting re: Assessment against property owned by Real Estate Development, Inc., represented by Robert W. Hill., attorney. Originally considered by Hearing Panel on January 29, 1973 and dis- cussed by Council on February 14, 1973. Copies of Public Works memo were distributed to Council members with regard to a$sessment policy and background report on this project. Basically the memo suggests consideration for other approaches in the future which wou~d not be available on this particular assessment because determina- tion would have to b,e made prior to proceeding with the project in order to be fair to all those assessed. Alternatives are to proceed with the assessment, withdraw at this time.and collect a connection fee at the time the property is used even though this sewer may never be used by that property, or assess and defer collection until such time as the property can be developed. i ,I . Councilman Murray asked if staff concurs with Mr. Hill's statement that State law specifically prohibits assessment except "when a property benefits. If so, does this property benefit and how. - Manager replied that definition of "benefit" could be I arguedbeca4se of time frame - there may be future benefit because the sewer is there / and can be used, land may benefit from availability of sewers to adjacent properties. The question of benefit to this property is really' a policy decision. Public Works Director said that the property does benefit from the sewer not only from the stand- point of policy set by the City but as a matter of law in decisions on sui ts challenging other assessments based on that policy. He added that this property does not meet cri teria set for defEirment of an assessment, and even though the Council can change I that policy, staff recommends against i t.1ooking to future problems it would incur. Director said that the property in question can be used for many things so it is the degree of use which comes into the discussion. Councilmen Hershner and Wood commented on the unique si tuation and the inconsistency of the Ci ty , s preventing effecti ve development of a property on one hand, and on the other, assessing for facilities to serve that property. ,I Councilmen McDonald, Williams, and Beal favored following the present assessment policy, generally agreeing that the sewer is~of benefit to the Real Estate property ~ - , ~ 'even though it will not be used at this time. Manager noted that limi tation on use of the property is desirable both from the' standpoint of planning and from the owner's desire for the roost effective development. . Councilman Wood thought there should be a policy change-., He said that the assessment would be inequitable if levied as now proposed. Mrs. Beal felt any change would set up di fferent regulations for different si tuations . In answer to Councilwoman Campbell, Attorney Hill said that, when his clients purchased the property plans were that it would. be developed from the north rather than from the south. Public Works Director verified that understanding. I I I . , . J seconded by Mr. Williams to proceed with the assessment as proposed. ;f~---r Councilmen Beal, Williams, McDonald, Mur~ay and Mayor Anderson votin$/\:,-C_I-o~m l Hershner, Campbell, Keller, and Wood vot~ng no. j, 1:4 f3;~ ._"-"- -.-.-__ _. -AP-Pl'ov:e Mrs. Beal moved Motion carried, aye; Councilmen 81 3/27/73 - 7 \. Councilman Wood stated that he still supported deferment of the assess- ment against Real Estate Developers' property. G rspri~gpruni~g ~ickup program'- c~uncil m~mb~rs -previ-;u~l-y' rec~ived c;p~es-~-;-~~ l from Public Works Department analyzing dispoal problem for tree and brush trimmings._ Several communications have been received from citizens requesting reconsideration of the backyard burning .aan to permi t burning for a short period to dispose of the trash accumulation resulting from the past winter's freeze. Staff estimates a cost of $9300 for a. one-time pickup during spring vacation, but doubts a thorough cleanup can be accomplished on that basis. Trash pickup on a permanent basis is-not recom- mended unless it is budgeted as a needed service. Councilman McDonald suggested allowing backyard burning during the balance of March and April. He could see no difference between that type of burning and the use of : fireplaces for burning trash. ! Councilman Hers.hner asked why the ban was placed on backyard burning. Mrs. Beal answered that the chief reason was the City's feeling that if it was going to insist that a ban be placed on field burning, the ci ty would have to prohibi t trash burning within its own limits. She added that the action was taken over the opposition of the Fire Department; they felt accumulations of debris would result thereby causing fire hazards. Mayor Anderson thought relaxing the burning prohibi tion would be a :.1 poor political move by the City. - In view of economic hardships placed on the grass - seed industry by the burning regulation to take effect in 1975, allowing backyard burning in Eugene would encourage seed growers to ask for an extension of time. 1 Mr. Murray moved seconded by Mr. Keiler that a spring pruning pickup p~ogram on a j one-time-only basis_be allowed the week of March 26, 1973. I Mr. Murray recognized the difficulties which would be faced but felt it in the best interests of the pUblic because of the unusual freeze and special problems it caused. '11 He did not advocate allowing any period of burni'ng., but he felt leaving the trash --.... , . with the idea that property owners themselves would take care of disposal would . create unsightly accumulations. e. There was concern about adequacy of a program extending for only. one week and at this particular time of year. Mr. Murry restated the motion with Mr. Keller's second that a spring pruning pickup program start the week of March 26 and .not be confined to the one week. #0 Assistant Manager said that based on the leak pickup prograrnthe minimum period of time to accomplish the work would be three w$elts, during which time the entire maintenanpe staff pl us extra help would be - irlnoring normal maintenance 'Schedules. . '. - ---- Councilman Hershner asked if the South WillarnetfEf' '!ump would .geopened for a dis- posal site, whether statistics were available on volume and charges for use of the si te. Publi c Works Director answered that the County favors opening the South Willarnette si te for disposal to save space in the Day Island landfill. However, there seems to be no agreement on the best time for a cleanup program; some feel March is too early to gather an appreciable: amount of discarded trimmings and shrubs. He commented on the major problem anticipated this summer in street repair because I . of the freeze damage now becoming apparent. One possibility under consideration by . \-. the County is making available a disposal site in the Delta/Belt Line area. General discussion followed on permitting backyard burning for a limited time, -suggestion of asking publi c to help neighbors to remove trimmings, cost of leaf pickup program, possibility of any pickup program's continuing for, an extended period or time, etc. Mrs. Beal favored encouraging garbage collection companies to work out a program for pi ckups at reasonable charges. Whitney Scobert, 440 Blair Boulevard, suggested making a site available to which people could haul trash. Then under very restrictive conditions the City cduld issue permits I for burning the trash at that location~at scheduled times. . --~~._-,".~~----------;.,-- . ,.-'-'-.- Vern Adkison, director of Regional Air Pollution Authority, strongly opposed relaxing the burning ban, saying that action would onl,y'transrex'c .tlie problem froms.oli,d;;.waste to air pollution. He said a plan to open a disposal site in~the-~Delta' Highway area I is under consideration and, given time, a reasonable solution can be worked out. . Councilman Hershner wondered if the money it is estimated a pickup program will cost I could be used to subsidize an arrangement wi th the garbage haulers allowing them to pick up .trash at lower rates. Public. Works Director answered that the money estimated is not available :in the budget', it would still have to be appropriated. In answer to Mayor Anderson's question whether it would be possible to .work out s'uch a program, ee 3/27/73 -8 Manager said if the Council wishes to provide the funds something probably could be worked out. The practicability of this type of arrangement would have to be explored first. . Mayor Anderson repeated his opposition to relaxing the backyard burning prohibition. Manager said that if the motion does not pass, staff will continue to watch the situation and if crl.tical problems arise the matter can be brought back to determine the role of the City. . Vote was taken on the motion as restated. Motion defeated, Councilmen Beal and Murray voting aye; Councilmen Williams, McDonald, Hershner, Campbell, Keller, and Wood voting no. e Councilman MdDona1d moved that backyard burning be allowed March 26 to April 2, 1973. There was no second. :"'.-... .--,-...---.--.-.. -,,;.- - -.. - __1..____ .. _~~~J Councilman Murray did not think there was adequate response to the existing circumstances with regard to accumulation of dead shrubbery and tree trim- mings. Clyde Kelley, community relations officer, explained problems encountered by,the g~rbage haulers in picking up this type of trash. ever, they assured reasonable fees if trash was accumulate in several bundles. Mrs. Beal moved seconded by Mr. Hershner that staff consult with the' Garbage Board i on ways in which it, could be made easie:: for ci~izens tc: have thei,r prunings ~~c_ 1ected by garbage d~sposa1 people. Mot~on carr~ed unan~mouslY., J3/1V..23.: '" -...ApRrove during the week of '-"-~ How- Mr. Murray moved to reconsider the spring pickup program. second .;'d. See pagel6. There was no H. Vacation of street, Chula Vista Boulevard and Union Avenue, south of East 27th Camm and west of Central along north and east edges of Laurelwood Golf Course - City .3/14/73 Planning Commission recommended approval on January 29, 1973. Call hearin~.:__AP1TOVe ~. ' 1.' Clear Ti tl'e to Foreclosed Properties - Copies of Finance Director's memo were previously distributed to Council members. A proposal was negotiated with the County on a number of lots foreclosed over a period of time for non-payment of taxes or assessments where both the City and County have an interest. Agreement was reached to clear the County's interest of $12;196.88 for $9,619.23, doing away the need for negotiating with both County and City in disposing of the properties. I Staff recommended buying County's interest so that ci ty can sell the lots if the opportuni ty arises. Appraisals have been made and staff feels over a period of time investment in street and sewer improvements and cost of clearing County liens can be recovered. with .. Mrs. Beal moved seconded by Mr. Williams to authorize the purchase as . 'Motion carried unanimously. /",Comm' ,";j "'-I. recommendedPHf}.D73 : Appove J" Assessment Segregation - Requested by Mrs. Phyllis Braun, 2180 Ohio Street, on. sewer assessment against [I'operty at Dakota and Burnett Streets. Finance Depart- ment reports necessary payments have been made. Mr. Williams moved seconded by Mrs. Beal to approve the segregation. unanimously. Motion carried Comm 3/14/73 Approve , K.j Legislation I S.B.266 - Establishes rehabilitation loans for alcoholic rehabilitation. H.B.2745 - Appropriates 10% of GLCC funds to Mental Health Division for alcoholic I and drug rehabilitation Mrs. Beal moved seconded by Mr. Williams to support H.B.2745. Motion carried ; unanimously. I No position was taken on S.B.266. --...~- ..... Comm 3/14/73 Approve ~ . L. Assessments Hearing Panel Report - March 19, 1973 - Copies of the report on atsseCssmenlts cmbovered bTYhC.B.201 and 20~ (Projects 72-25' and 72-47) were distributed .1 o ounci me ers. ere were no wr~tten protests and no objections were re- , cei ved. Recommendation was to levy the assessments ~s proposed. No written'protests are on file~and no objections were received with regard to the following proposed assessments: Il" C.B.20l - Levying~assessments for sanitary sewer on .Bertelsen Road from . SPRR tracks to 5th Avenue I, ~-.......--~._.. eCJ .. 3/2,7/73 ~ 9 '--- ~_._----.,._,- ;~C-.B---: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 . Cornm 3/2):/73 Approve M.: Purchase Mathers Property, 16th between Grant and Hayes - Sta:(f recommended ac- quisition of this property, lying in the path of the proposed .Amazon Parkway Westr with general funds to hold in fee for future public use. Development of the property is about to begin under site review procedures, and staff is concerned whether , this development should be allowed to occur or the Ci ty should acquire'. If it is : needed at a later time f~ right-of-way, any longer delay in ~cquiring the property will result in substantial increase in cost because of the development. If it is not needed for right-of-way, there is the possibility of its use for parkland, bike paths, or the value could be reco,:!2f.ed~<th~oughsai'e. It is proposed not to use bond money nor to dedicate the land for street purposes to avoid 1egal'cha11enges. Recommendation: Levy a~sessments as proposed for both projects. In answer to Councilwoman Bea1, Assistant Manager said the owners are asking in ex- cess of $35,000. Since that figure was quoted there has been some investment in the property. There is substantial difference between the City's appraisal of value and that of the owners. Assistant Manager pointed out on a map location of the two lots in relation to others purchased over the last ten to fifteen years for the projected right-Of-way. Mrs. Beal asked whether the road, if built, would be paid for from City, funds or State/Federal funds. Assistant Manager answered that it is assumed at this time City funds will be used; however, financing will be sought wherever it appears to be 1ike1y.- There is no major source of funds available at this time. Staff 1s asking direction in an effort to minimize the public cost of acquiring the property for pUblic purposes. In answer to further questions from Councilwoman Beal, Assistant Manager added that possible uses for the property if it is decided the Parkway is not to be constructed are park sites, bicycle routes, etc. He said that although property values cannot be guaranteed the City should be able to re- cover the value of the lots if they were to be sold. City Engineer estimated 20 to 30 j?-arcels have already been purchased along the Amazon Parkway projected alignment. Income is derived from those upon which there is habitable housing. Mrs. Bea1 said she would want assurance if the fUrchase were authorized that the City would not be ~nalized s~ould the road not be built. 'Councilwoman Campbell asked what assurance the City has that-this situation will not ~- recu~ ~:i..th r9;Jard to other properties needed fdr the right:::of-way. Assistant , /--- ~--, Manager answered that- a number of ownez:~ are Weli ting for a decision on the Parkway in the desire to be co-operative, and staff is considering each property as it be- comes necessary. ~. Dick Getty of Getty Real Estate said the owners are willing to grant an easement across the property to allow construction of a bi;cycle path, pedestrian way, _and-Tel'iited landscaping. The only restriction imposed would be tha't no lOC)tor vehicles would be allowed on ~e easement except for construction and maintenance; that the bi*ewa9~be co~s~tructed' away from a possible patio encroachment upon the easement; and that the easement would be conveyed at the time of issuance of bui1d- \ ing permi ts for development on the property. There would be no expense to the Ci ty other than that incurred in preparing the easement papers. Mayor Anderson explained that the Council was in no position to negotiate in a public meeting. He asked Mr. Getty to con~act staff in that regard. The Mayor said the City has committed itself to the construction of the Amazon Parkway West to the point Mere several properties have'been purchased for that purpose. To de- I cide at this point not to proceed, he felt, would be a fundamental decision that there would be no Amazon Parkway constructed. Mr. Anderson felt the Council should go ahead with the idea that alternate uses would be possible should the road not be constructed, and that it would not appear value of the land would depreciate. Mike Safley of M~M Development thought the development and easement were both possible, I that the building site could be adjusted so as not to jnfringe upon the roadway. Assistant Manager sai d that if the roadway is developed it would not leave the ability to make improvements on the site. Staff need5:~uthorization to negotiate for purchase and failing ability to negotiate, authorization for condemnation to keep development from occurring. '10 3/27/73 - 10 .- . . :e I ! r e . '. ,f: '- - ~ Mr. Getty commented that in view of the owners' willingness to gi ve an easement for bike path, pedestri an way, and landscaping, it appeared the Ci ty , s purchase of the I property would be solely for the purpose of building the Amazon Parkway West. Mayor Anderson verified that intent, saying it is on record and evidenced by past purchases of property for that purpose. Assistant Manager cautoined the Council against defin- ingproposed use of the property since other public uses are also envisioned, even I though the major use could be the Parkway. The owners have the right to develop the land and unless the City is prepared to acquire it a suit for inverse condemnation could result. Mr. Getty said that at no time in discussions with the Planning or Public Works staffs was there inference that the property would be used for parks. Planning Director said that property to the west of the Mathers property was acquired for park purposes even though not yet developed. He added that because of the popula- tion density in the area many open-space uses would be desirable for this property~ He said it would be better to keep options open as to the proposed use. Mayor Anderson also noted the Council had within the recent past discussed other public I uses for the land previously aC<;1uired for the Parkway. Councilman Wood moved seconded by Councilman Keller to authorize staff to negotiate for the purchase of the Mathers property. Motion carried, Councilmen Beal, Campbell, Keller, and Wood voting aye; Councilman McDonald voting no. /. For purpose of clarification, Assistant Manager asked if it was the Council's intent I to authorize condemnation if negotiation is not successful. Councilman Wood said , that in making the~otion it was not to be interpreted that he was supporting con~ , struction of the Amazon Parkway West, only to accomplish its construction in the most economical manner should it be supported by the voters. He said he would. like to investigate the matter further prior to formal Council action at the March 27 meeting. Manager reviewed discussion and action taken in committee. He added that the property might be used for right.....of-way f~or Amazon Parkway if. and when that project is developed. However, it cann6t be developed without'.a vote under the present City Charter, and such a vote cannot be presented to the people until an environmental impact. statement 'is presented and considered. The property is about to be developed for multiple-family use and if it 'is .to be acquired f6i future gene~al public use then it woulds~em appropriate to acquire it befor:efurther investment is made. For, this reason authori- zation was request'ed to negotiate for its purchase. If negotiations ar~. unsuccessful, then recommendation would be brought back to drop it or consider c ondernnation proc edure. . . . Bruce. Anderson,. 4240 Hilyard Street, expressed concern about the public's . knowing the purpose for which the property was being purchased:. He' said the Councll should make a statement so that it. would be clear.that the primary. public use will be for West Amazon Parkway if approved by .the voters, with consideration to be give~ to alternative us~' a~ park land or bike path. He ?uggested that Council was practicing subterfuge in making a general statement that the property is to be used for public purposes. He said. too the source of. funds should be definitely. stated. He agreed that had been done in staff's.recommendation to General Fund money rather than bond revenues. -. I . Larry Brown, 777 High Street, attorney for Mr. Mathers, sa;i..d his client's position is one of owning property along a proposed right~of-way being acquired on a piecemeal basis. Conditional approval"~as been given for development of his property and if tpe City: does not {Q'gy---- it and the .Parkway is approved, the cost to the City will be a great deal more. He asked that the Council make a decision with regard to the Parkway before allowing negotiation for purchase. He could see no immediate need of the property for park use, and an easement would be provided should a bike path be desired. Mr'. Brown wondered if purchase of other properties would be delayed until development has been started or., whether owners would be told now that street will b.e constructed. Before any alternative park use is considered determina:tiion should be made as to whether there is already sufficient acreage available for that purpose. He said all these conc:erns should be before the Council prior to any acti'on on negotiation for purc.hase of the Mathers propery. Ralph Aldave, 4150 Pearl Street,- said' that the City in purchasing the Mathers property would be breaking faith with the public because of the Charter amendment approved by the voters removing decisions on greeways from the Council's province. He felt purchase of this property was"impro- per before determination on whether the Parkway will be constructed be- cause not only would it tie the City to that. particular route, but would ~I 3/27/73 - 11 cost more if owners .of other properties along that alignment decided to develop them. He noted that environmental impact state~ents are yet to be made with regard to the proposed route of the Amazon Park- way, and it would appear unwise to commit the street to a route then find the impact too great for that location. ' Dick Getty, 1478 Willamette Street, realtor, called attention to adja- cent acreage alt'eady'~ 'available for park use and questioned whether the Council would consider the purchase of one additional acre for that purpose. Bruce Anderson elaborated on Mr. Aldave's statement with' respect to requirement for environment impact statements. He said the Council would be taking a legal risk in purchasing the land without filing a statement on the proposed route and then offering it to the voters to decide whether a freeway should be constructed in that location.' He suggested the Council somewhat dishonest in saying the property might be acquired for park use if Mr. Getty's statement was correct with regard to park land already available. He repeated his contention that if the Mathers property is being sought for right-of-way use, the . Council should so state. . . Councilman McDonald asked whether the proposed route was defined as a freeway or an expressway such as the Pearl Street extension. Manager answered that Amazon Parkway West WB.S not a freeway in terms of a traf- fic handling facility with KI'.aQ8; s<eparation at intersections. It was deemed an ~xpressway which means ~here 'are some limitations on local access to use by.'aQuttingprop8rtie~1 assuming a,bi.ittin'g propeJ2ties' are .'m pr:ivate ownership. But intersections would be at grade with controls provided by. stop signs and .signals. He said the Council could also consider develOping a difficlitlt type facility such as .a local street if it. is deemed nec eS9'ary i:p.' t:qis location. There is no question in the'mirids of the' technical' people who developed ESATS' that a facility of some kind will be needed. Manager .added that the ques~ionremains 'whether the Council wishes to authorize negotiation for purchase of the Mathers property so that a. recommendation can be' brought to' purchase on a negotiate~ basis, proceed to::::,condemnation, or' drop the matter alto":", 'gether., Assistarrt' City Attorney Xorth :on' questioning by iVIanager .s(?id he coillct. see no legal reason for not; 'proceeding with negotiation. . Discussion followed on type of Council action required to. authorize negotiation, statement of purpose for which,theproperty would be:p-ur.-:- chased, desired for broader discussion after. interpretation of the Charter amendment, 'nec essi ty' for a decision prior to furth~r develop- ment of the prop~rty, review of reasonsfor,chQice of the p~oposed alignment~ and lack of funds forcing purchase of the right~of-way a, piece at a time. 'It was brought out that 33 of the 90 parcels :qec'8s- sary'to' the rout'e' 'have been purchas$d. Manager selid that the Mathers property is the first one proposed for acquisition since adoption of the Charter 'amenqrnent,' and that was proposed to save publ:i.cfunds . because of pending develop~ent. Staff felt it bette~ to acquire the property to preserve it without development until an impact statement :'., i.s Tilade a~d the route is approved by the voters.. If it is not ,apprOVedj ~hen a decision can be. made with regard to us~ or disposal of the pro- perty. " : .... . Mr. Williams 'mov~d se'~orrsted' by Mr~ Wood to. approve Item M and to autho- I rize negotiation for purchase of the Mathers property for public pur- 'poses' as discussed by staff using general fund~ only. In answer to Councilwoman Campbell, Manager said there would be, a short. period of time un'tll an election can .be held to determine whether the facility will be built. He didn't anticipate a lengthy period'of time for negotiation. C.o~ncilwoman Beal; .said she would vote agi?-inst the motion because she would prefer a broader discussion of the Charter amendment ,and s.ome clarification of, the Council's obligations.. Vote was taken on the motion as stated. Motion carried, all voting aye except Mrs. Bealand.Mr. Murray voting no. - --, -, ........ r- ,. N. Purchase Norkenzie Road Right-of-Way ,property from Noble and Miriam Bond, ing Norkenzie Road. - Authorization was requested to purchase 1590 Norkenzie Road, for $879.00 for widen- :Mr. Wood moved seconded by Mr. Keller to authorize' the purchase. Motion carrit!id unanimously. ;~ 'lz. 3/27/73 - 12 .- '. .' . . Ca"'.....~ 3/211_ Approve Comm 3;21./73 Approve -- o. Disclaimer on Property Through pro~pect Park PUD, - Planning Commission recommended , gi ving disclaimer 10 any interest ~n 30-foot str~p through prop~sed Prospect par~ . PUD since there is no record of the City's having accepted the ~nterest at the t~me : it was given (see February 28,1973 committee). . Mrs. Beal moved seconded by Mr. Wood to' auth"rd.~e the disclaimer. . una{limously. : .~.~-t ~~} __,c._~..._ ~__-_____ ~....:... ~_"'" _~ _ ___~ P. -Legislation: - 6.B.4 - Removes priva~~ club lice~ses from popUlati~n quota.LR!9.!!:~biE~~ . dis'cri.mi~ati.on~and prohibits sale to other than members and guests.; ,i C orr:rrn .3V21/73 Motion carrled:":--Approve Mrs. Beal moved seconded by Mrs. Campbell to endorse S. B. 4 in principle, particularly the portion having to do with discrimination. In answer to Councilman McDonald, Mrs. Beal said in view of Civil Rights and Equal Opportunity ordinances of the City she felt that S.B.4 carries out that aspect of the local laws. Councilwoman Campbell added that the State is extend- ing a privilege in the isst1.ance of. licenses to private clubs practicing .discrimina- -- ,.,. ..,..... -- . ~._- -_.. .-- --, . . -. . -; -' ------- . - "', - - - -,- - .~ tion and this bill would remedy that. Mayor Anderson said the legislation is not precedent setting ,rather a matter of local government having. a tool to prevent discrimination. Councilman McDonald did not agree on supportil)g thfi legislation in its entirety . - Legislative Analyst read portions of the bill having'to do with private clubs and it was understood copies of the bill would be made available to Council members. , .- Vote was taken on the motion to support S.B.4. Motion carried, Councilmen Beal, Campbell, Keller, and Wood voting aye; Councilman McDonald voting no. . Comrn 3/21/73 Approve Qr H.B.2308 I lJ.B.23l0 - Requires new and renovated public buildings to meet standards to be set by State .FireMarshal. Requires uniform signing of entrances to public buildings which meet standards. ~ I C omrn support H.B.230'8 and if~B:23l0. Motion i3/2l/73 . \ ' Approve ~..--.---.__.....~ -_.- _.---~- -'--~- -..-- -.-. --.-- -~._"~- _~~...----J Mrs. Beal moved secOnded by Mr. Wood to carried unanimously. ',:.' R~I S.B.396 I - Authorizes $150,000,000 for non-interstate improvements for safety purposes. Would provide $13,875,000 for-i-mprovement to Lane county. . This legislation is pointed toward safety on non-freeway type roads where engineer- I ing can solve problems in those areas indicated by accident records. Legislative Analyst said that jJ; is coIlsidered a trade-off to the highway people opposing use of highway funds for mass transi t. Hayor Anderson called attention to HJR 7 providing for use of highway funds for mass transit. ha,ving the support df Oregon's three major cities and the League of Oregon Cities. He said the two bills would provide the voters of the State an opportunity to express them- selves with regard to further development of highways as opposed to mass transit. .- Mrs. Beal moved seconded by Mr. Keller to support S.B.396. Councilwoman Campbell wondered whether the City would be able to avail itself of State funds as well as any Federal funds which may be appropriated for mass transi t . It was fel t both sources coul d be used. Vote was taken on the motion to support S.B.396. Motion carried unanimoUSly. Comrn 3/2~/73 I , ApPjY'ove I S 'j. H ..B. 2274 - Exempts from property tax variotzs airport located enterprises if . r I revenues from these enterprises go to support the operation of the airport. ~ ./ . Staff recommended support of this legislation wi th reservations. AS now wri tten exemption is cut off for airports serving 300,000 population. In view of the I>O.ssibi1ity of Mahlon Sweet Field's serving as a regional facility, it is L concei vable that tax exelllpt status would be lost. I providing it is amended / r/omrn or more population. 3 2; 73 Approve .-,,~...,.J Mrs. Beal moved seconded by Mr. Wood to support H.B.2274, so as not to delete exemption for airport serving 300,000 Motion ca~ried unanimously. 'l3 3/27/73 - 13 .'.~ --~-_. -'--------.--------------- ---.-----.-- .-- ----I T~~ 1./H.B.2507 - Permits City-owned non-contiguous annexations. Assistant Manager cited Spencers Butte Park and Airport as examples of proparties i i ~hich would be affected. I J I Mrs. Beal lOOved seconded by Mr. Wood to ent/oJ-se H .B. 2507. Motion carried unanimously. <: J -- Comm 3/21/73 Approve ul Liquor Licenses l.. "13arribooP~vilYon, ."1275. Alder -' Ghange of ownership . .:. . . Glarence.;/and:Kimwah M0Y (fo'rme:r:'ly.Au<stin;'.and:~l'1ajori'e Colcord) _ PB 2. ,Side,Pqc~~t ~C!:.vern.,846,1~est 6~h -.Jf_dd~~g p'a.rtn'eE~':~':"-~:',.,, . '.__ . _~~" Con;Lln D1St:r:J-blJ..t.<?.rs, Tnc., addlngRaJ.ph P.Mohle;:r.,:",~!1aJoP<?-, ,-Inc.,.. -:---RlVl 1:) v .~ .. '_~l:::,~l'.~;': -" - _, - .""-"' .:-'">"__~~--'1~~.~-~~'.....=-""", . __.'. "-" .J Manager-:'G-ai'J,:B~d:,',a:t t:en:t:=1:9tl(,"(;.o .,the.'~a~dj.-~4~nl; ~'fc:iwo:it--e~-~~-t.~ t9-~'_ea:le'?d:ar whie'h'.: Approve WE:y'e nbt~discu8.<fed_ j~1 c:b~mitt_~e'" """-liqu0 r licehs-e S RUn b 00' ~Pay~:Q:9U:~r:(r~i-9:e Fbcket Tavern:'. - - - ' ~ - - "- -,~"-.. . - . Vt: Council Minutes - F-$brua.ry '12' and ,26, 1973 - as-~irculatf~a>-:" '. .. ,...--'-.--...- --....,. _n. .~-- ---..~--._-.~.-~._-....-'----'~~;.."....--..::-:--.-- :'.....'r' i Approve W.k,council Bylaws - Mayor Anderson 'requested Council consideration of its bylaws ' . . wi thregard to introduction of-neW> business at the formal Council meetings. He said there was no immediate need but he felt definite regulations should be set forth. He felt that the Manager should be allowed to introduce business which in his judgment would expedite administrative affairs of the City. e It was agreed the Council would meet on WedneSday, March 21, 1973, in the noon committee-of-the-whole meeting. for discussion of the byla~s at 11:30 a.m. Mayor's office then adjourn to the regular. --~.: .--_..... _. - .... ""': X. tTaxicab Service - Councilwoman Beal reported a call from Mrs. Aviva Sainz asking :when the Council would discuss taxicab service in Eugene. It was agreed the item would be scheduled for the March 28conmrittee-of-the-whole meeting and that notices would be given representatives of cab companies in both Eugene and Springfield, :as well as the public. Y.; Legislative Conference, League of Oregon Cities; Rescheduling of Council meeting, , March 26 - Scheduled for March 25 and'26, 1973 in'Salem to provide opportunity for! : involvemeryt of city and county officials in legislative activities. Director of . the League of Oregon Cities has requested some of Council members to act as hosts to Lane County delegates. It was agreed to reschedule the regular Council meeting for Tuesday, March 27. . -~... .;",,;,.:-... - z.- Alley Assessment Policy - Council members were previously furnished with copies of recommendation from subconmrittee for change in method of assessing for cost of alley improvements. That change is based upon weighted factors based on zoning districts. However, Counci lwoman Beal was not present at the s ubcommi ttee meeting at which the : final recommendation was reached and did not feel the policy change presented was what was :intended. Mrs. Beal asked that considEtration of the report be, delayed to . give her an opportunity to discuss it with staff. It was understood the subcommittee. ~would be reconvened if necessary and the report resubmi tted to the Council at a later date. AA.Sculpture Symposium - Mrs. Hope Pressman requested time to ask for support of the projected monumental sculpture symposium to be held in Eugene in the summer of 1974. i 'However, because of an emergency she was. called from the Ci ty, and she asked that I the item be rescheduled for March 28 committee discussion. It was 'understood it would be scheduled at that time unless prevented by tooc!o'?!a.e,d_..a~ _agenda.. ." _._ ~'._".__ ..",. ._~ u ( BB.' Legislation !A. S.B.27 - Lowers drinking age to 18. ~ S.B.3 - Lowers liquor by the drink outlets from 1 per 2000 people to 1 per 1500' . l'OPt.zlation. Consensus was that support of these two bill!> would be a matter of individual opinion, not that of the Council as a whole. No position was taken. \- CC..S.B.157 - Places community antenna television systems under regulatory jurisdic- I H.B.2375 - tion of Public utility Commissioner. . The legislation is a major issue in those communities where franchise agreements ; are making substantialdemands on cable companies for publi c channels. It pro- vides that Public utility Commissioner would exert control as on power and 1 telephone franchises. Councilman McDonald felt any television franchise arrange- ;ment should be investigated by a Council committee. No position taken. Q4' 3/27/73 14 Comm 3/J:.1j;/73 A:ffirm Comm 3/1l/73 :Affirm Comm 3/14/73 Affirm "I C. 3/14/73 Affirm Comm 3/21/73 Affi'pm Comm 3/21/73 Affirm '. Comm 3/2~/73 Affirm DD'.H.B.2l53 Prescribes m~n~mum State standards regarding obscentiy. Authorizes stricter local ordinances. - I No position was taken on H.B.2l53. EE+ Traffic Safety Commission Legislation Council members were previously furnished a list of legislation upon which the Traffic Safety Commission requested Council authorization to state a position.' Traffic Engineer explained that the COmnUssion in the past has lobbied legisla- tion having to do with traffic safety. However, in this session they have not, I been able to follow this procedure because of Council action requiring its authorization for any position given as that of the City. Mayor Anderson suggested endorsement of the Commission's posi tion as shown on the list of legislation unless any particular bill is segregated for further discussion at the Mar 27 Council meeting. It was understood any Council member wanting further information could contact Traffic Engineer prior to the formal meeting. Comm 3/21/73 :Affirm I e Mrs. Beal asked about bicycle legislation. Traffic Engineer said discussed deals primarily with traffic safety. Assistant Manager major bicycle legislation will be forthcoming at the State level. will be brought to the Counci,l in the next week or S9. the legislation Comm added that 3/21/73 Local ordinances Affirm l':~ _~_ --~-.~ , FF. FAA Grant - Mayor Anderson announced approviil or an FAA Grant for $69,000 for land I Comm I acquisition, eonstruction of roads, and installation of fencing for Mahlon Sweet 3/14/73 I, _Fidd.' .' ' ., .' ' . . ,~', F'ile GG. Wine/Beer Service, Laure1wood - Councilwoman Campbell inquLred about City policy I ; with regard to service of beer and wine at the Laure1wood building. Parks Di- , rector said that only beer is allowed and only in the downstairs portion of the ~ building. Because of inquiries from various organizations 'renting the upstairs and other Ci ty recreational facilities, Parks Department is investigating and a recorrunendation on how to handle the situation will be prepared for Council con- si derati on. ;.--- __.~ __ _ '.~ ...... (l" HH;Legis1ation - Councilwoman Campbell asked whether individual councilmen had the ,responsibility for lobbying on State legislation on which the Council had taken ia stand. Manager explained the present procedure of transmitting the City's posi- r :tion to each of ~e Lane delegates, listing each bill separately with the Council's :position stated thereon. Only when legislation is felt to be of critical importance ,are people sent to Salem to speak for the City. The legislative Analyst 'kee~track of those bills which the Council wants to follow but does not normally attend ---- hearings in Salem. Bills are'a1so followed through the League of Oregon Cities legi~lative program. In answer to Councilman McDonald, Manager explained that , the Legislative Analyst is paid by the City on a part-time basis. II~WCPosition, Tax Bill -' Cou~cilwoman 'C~mpbel1 asked if the League of Oregon Cities had taken a position on the Governor's tax bill. Mayor Anderson answered that the League would remain neutral since the legislation relates to education. . ~ c::::' - ~~:lii - J~ Demolition Party, Skinners Butte Abandoned Reservoir - Council was invited by Jaycees to watch the onset of destruction of the abandoned reservoir on Skinners Butte at noon on Saturday, March 24, 1973. Comm 3/14/73 File Comm 3/14/73 File Comm 3/21/73 File I Comm \ 3/21/73 ---' File , relief for \ I \ \ " KK. H.B.2309 - Requires Fire Marshal to set standards and provideS tax privately-owned buildings renovated to meet standards. Legislative Analyst explained that H.B.2309 had been tabled in committee. LL.H.C.R.5 - Establishes Oregon rain beetle as offici~l State insect. LegiSlative Analyst said that',H.C.R.5 had been tabled. e J.Vl1V.U H.B.239B - Authorizing $200,000,'000 in tax exempt revenue bonds to finance the construction, sale, and rehabilitation of 14,000'low- and moderate- income housing units. Council previously authorized support of this legia1ation (see committee January 24, 1973). _ -~-_. _ ._- ,- -~--~-_._--------------.- --,---- \. ')5" 3/27/73 - 15 Comm '3/21/73 File Comm 3/21/73 File Cormn 3/21/73 File ->--- ~---- -- NN.H.B.2849 - Field Burning j:LegiSlative Analyst advised that hearing on H.B.2849 is scheduled for Thursday, .- i March 29, 8:00 a.m. in Room 409. He said ,it was different legislation t1han that Comm which Council supported in recent action. Councilwoman Beal asked that she be 3/21/73 contacted wi th regard to any hearings on field burning legislation. ' File -"L~, ' _..' ~ 'Mr. IWilli~s.moved-'se-;ondedbj-0r:.){IcD~na;:Ld that Tt.ems',A through NN,:e~cept Iterfrs' G (sprip.g. prilriin:g -: pic~up)...: and JYI (Mathers_p'ropE3r'Gy purch?-se)be approyed, aff:trmed, . and' filed "as ~_:noted. -_Rol,lcall ;" vot'e-':M.9t~.on carr'iep., all councilmen present voting aye. ** Assistant Manager said that in discussing possible use of Delta site for dumping trimmings, which was not approved, County indicated the impact on the Day Island site would not be too great and it could be used. Councilman McDonald expressed disagreement with cornrni ttee action which effected no change in present policy on prunings pickup. Mr. Williams_ moved seconded by Mr. McDonald to approve Item G as noted. Motion carried, all' councilmen presentt voting aye, except Councilman Murray voting,no. ** IV. Ordinances Council, Bi;Ll No.lql - .LE2vying assessments for paying and sewers w~ thin ~dg~WoqCl.J,;s,ta.tes 11 th Adsiit~iono C~nc:IU:.q,'ing':.pea.es:tF1J#n way):-" sa,n~i_ta.,:r::Y__ s!3~e:r :wl~l11n lQ() fee.tof.s~uth boy-ndar.y- llth',Add~tion to".Edgewood Estates ; and wlt!J-ln' J.,60 feet. of ,nort.hwest .comer of. plat ,of- IlthJ\.dsi~~1o.Il, to Edge~ wood 'Kst'ates (72-22 and./72-23) ~w:assubruitted 'and read th'e:>Jrirst4ime on J ahuary e, 1973 and r:~ferr'ed to\-He,ar:tng' PaAel Gn:.;-J a:nua~y 29, :'19'73~ was -r~adt,the ~,econg. time, by cOllneil bill, nvmper oniy~()~ -Fe~ruary~ 12,1973, ther..e beingn0>.;:> councilman presen.t- rEiqtiesting'that it-be-.read'ili--full.:,.(See Committee March 14) Mr. Williams moved seconded by Mr. McDonald that t'he'bill be approved and given final passage. Rollcall vote. All councilmen voting aye, except Councilman Wood voting no, the bill was declared passed and numbered 16741. Council Bill No. 201 - Levying assessments for sanitary sewer on Bertelsen Road from SPRR tracks to 5th Avenue (72-25), read the first time on March 12, 1973 and referred to Hearing Panel on lVlarch 19, 1973, was read the second time by council bill number' only,.,there being no councilmen present requesting that it be read in full. - , . Mr. \fllilliams moved seconded by Mr. lVlclJonald that thE3c.~b.;LU be approved, and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16742. .c ...... , Gouncil Bill No. 202 - Levying assessments for st:orm sew'er !between Gilham Road and Norkez.sie B.oad (lUUU feet more or less,west of Gflham Road) . from Brewer Avenue to Belt Line Road (72-47), read the first time. on March~c12, 73 'aIld.~referredto Hear:i.ng Pa:rel:::()n:M~rcf119 ,1973, , W53-S; rea.d~. the second time by 8Ayncil bill number only, there being no councilman'present requesting that it b~ read in full. . , , Mr. Williams moved seconded by Mr. McDonald that the bill be approved and given final passageoc Rollcall vote. All coun~i1men present voting aye, the bill was declared passed and numbered 16743. Council Bill No. 209 - Levying assessments, for paving, sanitary and storm sewers within Somerset ,Hills 'Subdivision and 160': feet adjacent to said ,subdivision; pedestrian ways as required within the Somerset Hills Subdivision '( 72-36) ,was submitted and read by council bill number and title only, there . being no councilm&n present req~esting that it be read in full. . Mr. Williams moved seconded by Mr. McDonald that the bill Qe referred to Hearing Panel for April 16, 1973 and brought back for Council consideration of Panel recommendations on April 23, 1973. Moti~n carried unanimously. '. , Council Bill No. 210 - Levying assessments for paving, sanitary and storm sewers within Summit Side Park Subdivision (72-57) was submitted and read by council bill number and title only, there being no councilman' present requesting that it be read in full. Mr. Williams moved seconded by Mr. McDonald that the bill be referred to Hearing Panel for April 16, 1973 and brought back for Council consideration' 'lb 3/27/73 - 16 . of Panel recommendations,pn April 23, 1973. Motion carried unanimously. Council Bill No. 211 - Levying assessments for paving alley between Willamette and Oak from 15th and 16th (72-61) was submitted.and read by council bill number an~ title only, there being no councilman present requesting that it be read in full. Mr. Williams moved seconded by Mr. McDonald that the bell be referred to Hearing Panel for April 16, 1973 and brought back for Council consideration of Panel recommendations on April 23, 1973. Motion carried unanimously. Council Bill No. 180 --Levying west side Coburg - Club to Oakway (72-27) council bill numger and title only, there requesting that it be read in full. assessments for paving sidewalk was submitted and read by being no councilman present This assessment was challenged previously on the basis of improper legal notice. Construction itself was not at issue. City Attorney advised starting the assessment process again by 'referring to Hearing Panel; owner of the property, Ed Pape, will then receive proper notice. . Mr. Williams moved seconded by Mr. McDonald that the bill be referred to Hearing Panel for April 16, 1973 and brought back for Council consideration of Panel recommendations on April 23, 1973. Motion carried unanimously. Council Bill No. 212 - Calling hearing May 14, 1973 re: Vaca- tion of street, Chula Vista. Boulevard and Union Avenue, south of East 27th and west of Central along north and east edges Laurelwood"was submitted and read the first time by council bill number and title only, there being no councilman presentreques~ing that it be read in full. Mr. Williams moved seconded by Mr. McDonald 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. Williams moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vbte. AI~:councilmen present voting aye, the bill was declared passed and numbered 16744. V - Resolutions . .. Resolution No. 2161 - Calling hearing April 23, 1973 re: Withdraw- ingfrbm Oakway Water District area between Goodpasture Island Road and Willamette River south of Marist High School (Howell, Smi~h, Browne - Res. 2042) was submitted. Mr. Williams moved seconded by Mr. McDonald to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. ,~esolution No. 2162 - Calling hearing April 23, 1973 re: Withdraw- ing from Oakway Water District area between Goodpasture Island Road and Fir Acres Drive east of Russet Drive (Pioneer Investment - Res. 2112) was submitted. .. Mr. Williams mov$d sec9nded by Mr_. McDonald to adopt the resolution. Rollcall vote.. ',Mot'ion_ cEirEied; 'all 'councilmen. pri?sent voting aye. .....;>'Res61utio~. No. 2163 - Transm:L tting to Planning Commission for hearing on April 3, 1973 various rezoning requests was submitted. Mr. Williams moved seconded by Mr. McDonald to adopt the resolution. -Rollcall vote. Motion carried, all councilmen present voting aye. Resolution No. 2164,- Authorizing payment of bills and claims for period March 12 through 27, 1973 was submitted. , On Question from Councilman McDonald, Manager explained that the $9,427.50 payment to attorneys was for City's legal fees in the Montag suit. Mr. Williams moved seconded by Mr. McDonald to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Upon motion duly made, seconded, and adjourned. 97 ca;~ie /~~t, h; ..2. - '~c, H I McKi ey City Manager .s /27/73 - 17