HomeMy WebLinkAbout04/09/1973 Meeting
'~
'.
Council Chamber
Eugene, Oregon
April 9, 1973
-
.
The regular meeting 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 April 9, 1973 in the Council Chamber with the following councilmen
present: Mrs. Beal, Mr. Williams,Mr~ Hershner, Mrs. Campbell, Messrs.
Keller, Murray, and Wood-.~ Mr. McDonald was absent.
I -' Public Hearings .-
A. Planning Commission Reports
I Zone Changes Recommended
i 1. West of Goodpasture Island Road, east of Wi11amette River - Newly-annexed to AG (3/6)
: 2. East of Mill between 3rd and 4th - From M-2 to RP SR (Mrs.L.V.Witzig) (3/6)
3. South of 17th, west of ,Chambers (Tax Lot 9100) - From R-l to C-l SR (Daggett) (3/6)
;4. NE corner 3rd and Mill - M-2 to C-l SR (Shirley) (3/13)
5. West of Echo Hollow, north of Marshall - C-l to RA PD (Murphy) (3/13)
'Zone Changes Recommended for Denial ,
11. West side of Augusta, 385 feet south of 20th - RA to R-2 (Steinmul1er)(3/6)
2. East of Chase and north of Cross, RA to M-2 (Frosland) (3/6)
,3. East o~ Bailey Hill, 125 feet north of 18th -, RA to R-2 (Craiger) (3/6)
,4. East of'Pqlk, south of Cross extended - R-2 to C-2 (Chef Francisco) (3/6)
:5. East uf_Jacobs Street, south of Concord - RA (R-2 PD pending) to C-l PD (Hansen) (3/13)'
,Annexation recommended, Valley River Center, adjacent to north ban~ of the
iWil1amette River at the south end of Goodpasture Island Road - Resub~ittal of
'previous annexation action which was voi4 because of faulty procedures. (3/12)
Vacation of pedestrian way between Kennedy Jr High School and Harvard Drive at
:Paget - Denial recommended March 12,1973. COmnUssion, recommended that a chain
link fence with gates and a curb cut be constructed, fence to have wooden slats
I for screening, and that city and ,school district share cost of the fence. Bstimated
I cost to City $1300.
I
fLetter was received from Paul Hansen asking withdrawal of his petition to rezone
Ithe area east of Jacobs Street south of Concord (Item B5).
"~,..,, l /, , ,L", _ _ _ _ ..---t
Mrs. Beal moved seconded by Mr. Williams to approve withdrawal of the Hansen
request. MOtion carried unanimously.
i
.
Mr. Williams moved seconded by Mrs. Beal to schedule public hearing on the balance
of the PlanningComnUssion recommendations for April 9 Council meeting. Motion I Comm
, carried unanimously. 4/4/73
~- - ,.' .--.-.--.-. .--.------,~-.-.,-.---.-. : -. ~. . .'-. ... _.___~____E.Ub ~rng
1. Zoning to AG newly-annexed area west of Goodpasture Island Road,
east of Willamette River
Recommended by Planning Commission on March 6, 1973.
Council Bill No. '213 '- Zoning newly-annexed area west of Goodpasture
Island Road east of Willamette River to AG was'submitted and read the
first time by council bill and title only, ther~ being ~o 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 G0uncil 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 seconq. time by council bill number only.
Mrs. Bealmoved 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 16745.
2.
to RP SR area east of-Mill between 3rd and 4th
.
Recommended by Planning Commission on March 6, 1973.
Council Bill No. 214 - Rezoning to RP SR area east of Mill Street between
3rd and 4th Avenues 'i"tas'submitted._?-nd read the first time by council bili
num?er and title only, t-her~.b~i~gjn:o' :C.Ourlci1:mari. ':p~eseht, requc~-:Sting-:that it
be read-in:full. -- , . '" '"
G)@>
4/9/73 - 1
Mrs. Beal moved seconded 'by Mr~ Williams thAtthebill~bBread~the second time
by council blll number only, with'unanimous consent of the Council, and that
enactmehtbe 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 tha the bill be approved and given
final passage. Rollcall voter All councilmen present voting aye, the bill was
declared pass~d and numbered 16746.
3. Rezoning from R-l toC-l SR area ?outh of 17th ~nd west of Chambers
(Tax Lot 9100) (Dennis Daggett) .
Recommended by the Planning Commission on March 6, 1973 to provi,de
for commercial property facing on 18th Avenue'.
: CQuncil Bill N;o. 215 - Rezoning to C-l SR area south of 17th Avenue approxi-
mately. -3)72 feet west of Chambers Streets was submitted and read the first time
by council bill number and title only, there being no councilman present request~
ing 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:t;h'e- Cquncil, and that
enactment be considered at this time. Motion carried 'Uh\~r:hlnr6usly 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 16747.
.~
.
4. Rezoning fromM-2 to C-l SR area at northeast corner 3rd and Mill
(Cliff6rdShirl~y)' .,
Recommended by Planning Commission on March 13, 1973 for a proposed
grocery store.
Council Bill No. 216 -Rezoning to C-l SR area at the northeast corner of
3rd Avenue and Mill Street was-=.:s~bp1i:ttBd aI!-9-~IIS3ad the first time by council bill
number and title only, there beQng 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. ~otion carried UD_aIJ.irhou-ply, 'and the bill
was read the second time by council bill number 0nly. ..
Mrs. Beal moveq seconded 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 16748.
--
-"..-
5. Rezoning from C-l to RA PD area west of Echo Hollow Road and north
of Marshall Avenue (Ted Murphy)
Planning Comm~s~:don:~r.Bco~ended::appfoval on March 13, 1973.
William DeZeeuw, 2455 Frontier Drive, owning property 'across the street from the
proposed zone change, favored retaining the C-l zone. Louie Patton, 1190 Echo
Hollow Road, did not object to the rezoning if it ,did not apply to adjacent
property in his ownership.' Manager pointed, to location of the tract on a map
and explained that favorable action on this request would provide residential
zoning.between two sections of commercial zoning and one across the street. He
said the Commission in touring the area. expressed concern about the quantity of
unused commercially-zoned land there and decided to hold-public hearing to.con-'
sider rezoning-to a higher use. That hearing ,is scheduled before_the Planfling
Commission the first part of June. '
Henry Baitus,realtor and builder at 1192 High Street, expressed concern about
changing the commercial zone of his property northeast of the subject property.
He wanted to d-evelop that ,property for commercial use. if a change~ to residential
use is contemplated.
Joe Green, 2690 Sylvan Street, speaking for Ted Murphy', did not feel zoning on
a~jacent properties h~d any bearing on the is~u~ under, dis~ussion. ,He said
.the.:prQperty, ,ifnotprezoned f-or:x~s~d~R:t-ia~ll}se,'wo'\lld'-'p'ro,baply"slt vacant .
bacause;,~of th'e-lack of potential for'~comrirer~icH,use,-b'lit,-that PUDprocedlires..'
rec'omme:ncled by the Commission would allow- sliitable development for. housing on
that street.
""'.
~~
"v
qq
4/9/73 .- 2
e'
J. H. Sorenson" 4300 ,Avalon Street, wondered whether the residential zoning
of the, property would constitute, spot zoning. He felt a "better" commercial
zone would be more appropriate.'
In-answer to Councilman McDonald, Manager explained that improvement of
Echo Hollow'Road would be before the Council for consideration in the next
week.
Council Bill No. 217 - Rezoning to RA PD area west of Echo Hollow Road
north of Marshall Avenue, extended, 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 asked whether favorable action on this rezoning would
indicate to the Planning Commission the Council's thinking with regard to
zoning of other propert~es in that area. He said he would v0te in favor
of this particular rezoning but did not want that vote interpreted to mean
that he thinks the entire area should be rezoned RA. Manager said that
creation of an RA PDzon8 in the center of-a C-l area might have some effect
on'the Commission's consideration of the remaining C-l properties. Council-
woman Beal said that notep of the Planning Commission's consideration of
this request made it quite clear that this rezoning would stand by itself
and would not have any effect so far as further, rezoning in that area.
.
Mrs. Beal moved seconded by Mr. Williams that the b,ill be read the
second time by council bill number only, with unanimous~consent of
the Council, and held pending approval of PUD plans. Motion carried
unanimously and the bill was read the second time by council bill
number only, and held.
6. Rezoning from RA to R-2 area on west side of Augusta 385 feet
south of 20th (Steinmuller)
Planning Commission recommended denial on ~arch 6, 1973.
Marshall Ward, 2032 Todd Street, said the proposed,six units per acre would
create no greater density than three-and four-bedroom si~gle-family residences.
He felt a w~ll constructed mult~ple family building would increase rather
than lower property values in the area. ~
Al Tussing, 2437 Riverview Street, urged denial of the rezoning. He felt
if it was allowed on the basis as propGsed by the petitioner it would lead
to - construction of more apartment houses' and rais-e land values to the point
where single-family houses would not be financially feasible.
.
Mrs. Beal moved seconded by Mr. Williams to deny the rezoning. Motion
carried unanimously.
.
7. Rezoning from RA to M-2area east of Chase Street and north of
Cross Street (Donald Frosland)
Planning Commission recommended denial on March 6, 1973 on the
basis that the M~2_zone should not be extended farther north
until the location of proposed Highway 126 is determined.
Donald Frosland, Route 5, Box 1179, noted the 4-3 vote in the Planning
Commipsion ma~ing the recommendation to deny. He said there is no certainty
as to when Highway 126 will be constructed, and in the meantime the property
remains vacant.when it could be developed and that value added to the tax
rolls. He felt it eventually would be rezoned to-M-2 and thought it might
just as well be.now.
Councilman Hershner expressed conc,ern about halting' development in this area
because of uncertainty of the location of Highway 126, saying it appeared
that construction of that faqility would not be accomplished for some time.
Manager, said th~ Commission h0s followed the thinking that Highway 126 would
make a logical bQundary between industrial and res~dential uses. Without
its being there, there is the problem of residential properties immediately
abutting indp.strial areas. So the Commission is reluctant to extend the
M-2 zOIJ,e in that. area.
Mrs. Beal moved seconded by Mr. Williams to ~enythe rezoning. Motion
carried unanimously.
- ~\OO:"
, -', . 4/9/73 - 3
8. Rezoning from RA to R-2 area east of Bailey Hill 125 feet north of
18th Avenue (Leslie Craiger) , ' , ,,'
Planning Commission recommended denial oll'March 6, ,1973. Donald
Frosland, speaking for the petitioner, noted the multiple~family
develop~ent around the property under discussion and said ~ '" :
~~a~_g_er would l:tke to develop his property in a similar manner.
Mrs. Beal moved seconded by Mr. Williams to deny the rezoning. Motion carried
unanimously.
9. Rezoning from R-2 to C-2area.ea~t of Polk'Street south of'Cross
(extended) (Chef Francisco)
Planning Commission'recommended denial on March 6, 1973. Douglas
McCool, representing Chef Francisco, ask~d approval of the rezoning
to' allow expansion and showed sketches and photos:of the area in
question.;- , '
Mrs. Joseph Waldstein, '1270 East 22nd Avenue, owner of abutting property, reviewed
residential development in the area anda'large parking'area would -not De com-
patible with that r~sidential development.
In answer to Councilman Hershber, -Manager explained that the CommissiDn feit
there was sufficient properly zoned property in the area to allow the desired
parking.
11. Annexation, Valley RIver Center, adjacent to north bank of Willamette
River at south end of Goodpasture Island Road
Planning Commission on March 12, 1973 recommended transmittal to
the Boundary Commission for annexation. Faulty proc~dure in previ-
ous annexation action resulted in reconsideration of the annexation
request. Photos of the area were shown.
Resolution No. 2165 - Transmitting to Boundary Commission request
to annex area adjacent to north bank of Willamette River at south
end of GOQdpasture Island Road W!3,S j3l,lbmitted~,
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution.
Councilman_Keller asked 'about the area immediately ,adjacent to the riverbank.
Jim Saul, planner, said it was not discussed:but probably would be considered
when zoning and subsequent development of the property is brought to the Com-
mission.
Rollcal}>vote was taken on the m?tion as stated. Motion carried unanimously.
12. Vacation,. Pedestrian Way between Kennedy Jr. High'School and
Harvard Drive at Paget '
Easement for-this walkway was placed on the property as part of
a subdivision of~_land. A great deal of vandalism and - hardship'
to owners of abutting properties have resulted because it has
become a hangout for young people of the school grounds and '
apparently protected from school discipline. :Planning Commission
felt the ped~strian way was desirable because of the distance
around the area. However, in sympathy with residents in,the area
and after discussion with School District, the Commission recom- _
mended that the requested vacation be denied but'that the School
District and City join in in building a chain li~nk,fence on both
sides, including screening, with gates at each end to control
access. Also that a curb cut be developed at the west end for
bicycles.
,'0\
[i.-9-:r3 - 4
.A
-
.
-
'='"
_---0,
, .
~
'i3
-
.
.
;..
'.
The City's share would be about $1300, an equal amount to be
paid by the School District.
Mrs. Beal moved seconded by Mr. Williams to deny the vacation and pro~
ceea. with the fence, gates, and curb cut as recommended.
Councilman McDonald felt the School District should pay the entire cost of
the improvements, saying the problem is created because of the open campus
policy of the sehool. Manager said the pedestrian easement was placed in '
this subdivision at the time of plat approval at the Planning Commission's
insistence, so that the:City probably does have some responsibility.
Councilman Wood said that Kennedy Jr. High does not have an "open" campus,
and that the recommendation would seem to be a reasonable approach to the
problem.
Councilman Hershner recollected some previous decision not to spend City
funds on improvement of lots abutting the right-of-way in the Sheldon area.
Manager said the question in that instance was location of the pedestrian
way, some, prope'rty pwners did not want it abutting their properties. The
Commission recommended construction of fences on both sides of the easement
but that was not required of the subdivider in the final Council action.
Vote was taken on the motion as stated. Motion carried unanimously.
B. Bid Opening Public Works
April 3, 1973
Contract
Cost,
Cost to
Abutting
Property
Amount
Budgeted
Name of Bidder and Project
BIKE PATH:
Hughe's street from' HaWthorne,
Avenue to Marshall Avenue (967) "
Eugene Sand & Gravel Company.... .$2,318.25.... .-0:........ .$2,318.25... .$3,000.00
Wildish Construction Company..... 2,343.00 '
Benge Paving, Inc................ .2,466.44'
COMPLETION DATE: July 1, 1973
Cost to
City
-------~-------------------------------------------------------------------------
PAVING AND STORM SEWER:
East Half of Best Lane from _' BASIC ALTERNATE
Willakenzie Road to 500' North (902)
Wildish Construction Company....$11,315.60 ~10.,379.60- 36' Pvg
, ' $ 15.07
Shur-Way Contract,ors............ .No Bid.... .11,506.10.. .1,100.00
I Strm Swr
Eugene Sand & Gravel Company.....12,002.19..11,711.04
Benge Paving, In~.........~......15,014.21..14,787.52
Devereaux & Pratt, Inc..... ......16,257.10..15,929.83
COMPLETION DATE:, August 1, 1973
$4,270.00
F.F. Storm
---------------~~~--------------------------------~----------------------------~-
- -- -- .- .
Public Works Director reviewed the bids. Contract award was recommended to
the low bidder on Bike path on Hughes Street,' and on the low al teirnate bid
for paving and storm sewer on east half of Best ,Lane.
Mrs. Beal moved seconded by Mr. Williams to award contracts as recommended.
. .
Councilman McDonald noted the ,increase in fromt foot cost for the paving and
storm sewer, on Best:'.cLane c0rp.pa!r~d to ,front'.: c 0st',' inp'?-st- years.; ,,:
Rollcall vote was taken on motion as stated/ Motion carried unanimously.
IL-
Consent Calendar
A. i Freeway Charter Amendment - Council members' were previously fu'rnished wi th copies of
:memos from the City Attorne~'s office and inf'Ormati'On from the Public Works Depart-
,ment regarding the effect of, the Charter amendment ,on limited access routes. Manager
,distributed cqpies of the Charter ~m~ndment to the Council and asked for suggestions
as to steps which might be taken to clarify the posi tion of the City. Assuming a
I friendly lawsuit w'Ould devel'Op a less restrictive interpretation 'Of the amendment, ,
'administratively it is felt the Charter would still be unworkable so far as building
limited access streets. He added that some Council members have questioned whether
there is any legal hazard to proceeding with purchase of property for the Amazon
Parkway West in view of the Charter amendment as it now stands.
~
I 0"1..
4/9/73 - 5
~-_._------....~-----------------------------~.- --- ---- -- -----~--
'Mayor Anderson fel t that any Council member who thinks the Charter amendment as it
now reads is a satisfactory document should so indicate at this point. There was
no response.
-l
Councilman McDonald asked for interpretation of the word "thoroughfare" as it appears
I in the amendment. Mayor answered that it appeared from the outline presented by the
: Ci ty Attorney, tha t defini tion would have to be determined by the courts.
,..-"
~
City Attorney expressed concern with regard to the generality and ambiguity of the
wording. He said as a matter of deductive reasoning one could conclude that the
I sponsors of the amendment intended it to be workable, if possible, and had a fairly
restrictive measure in mind. But whether they were speaking of highway, freeway,
or throughway in the sense of an expressway or a modern freeway with fairly limited
access cannot be determined by any definition in the amendment itself.
: Councilman Murray supported the amendment but recogn;J.zed procedural ambigui ties
! which need cl,arification. He favored proceeding at the earliest possible date with
. a court test if that appeared the only way to obtain clarification. Although
Councilman Williams did not agree on support of the amendment, he did feel a CXlurt
1 test desirllble ,to determine the meaning of the terms. Councilman Wood felt the
amendment sponsQ.rs,qp~rhaps were not so much concerned wi th cost of freeway-type
roads as with the sociological impact of a thoroughfare through a neighborhood.
He thought a meeting 'between the Council and the sponsors would be beneficial to de-
termine a defini tion or specifics of the original Concerns. Councilman McDonald sug-
gested the matter of interpretation should be reviewed by a Council subcommdttee.
.
i Mr. Hershner moved seconded by Mr. Keller that the' Council instruct staff. to
. commence appropriate litigation to interpret this Charter amendment in such
: particulars as set forth in the memo from the City Attorney and such others that
would help clarify the ambiguities in the amendment.
. In making the motion, Mi. Hershner stated there didn't seem to be an alternative
because the amendment is ther~ and it appears the only way to determine its meaning
is with a court test. Councilwoman Beal felt a meeting of the City Attorney with
the sponsors' attorney before authorizing litigation would be of more value.
Mr. Hershner replied that it was not the intent of his motion that litigation start
immediately without benefit of thorough resea,rgh and background work. -
Orval Etter, City Attorney's office, informed the Council that litigation could in-
volve higher than circuit court filing in t,ha absence of "crystal claar" decision
at the lowar level. Ha said the issue touchas on "what is intended" or "logic or
implicatJons of language used," and is something wrestled with for many years.
For that reason every angle will be explored to try to arrive at the proper inter-
pretation. He had the impression the proponents do not feel it is ambiguous, but
even shoulq they and City staff arrive at an agreement on the amendment's meaning,
there is the ppssibility that some single individual not involved in the clarifica-
tion'may be jJggrieved and file a lawsuit. So a court determination to give legal
basis seems desirable.
:-
......-;:--~
Mrs. Beal agreed with Mr. Etter's reasoning and suggested that he be authorized to
proceed wi th legal research. Mrs. Campbell fel t a sense of urgency because of
pending land use legislation and necessity for regional transportation planning.
She did think however that in the purchase of land for. the Amazon Parkway the City
should state that it is being purchased for that right~of-way. :She along with
Councilman McDonald expressed concern that the Council is accused of dishonesty
in its effort to resolve traffic~moving problems'.
Councilman Hershner repeated that it was not his intent to immediately file a suit
'without legal research and he would favor any effort the Council' could make to assist
in clarifying the ambiguities. But he noted Mr. Etter's doubts that extensive re-
search would be conclusive. Mr. Hershner said it is critical to obtain a decision
as soon as possible and suggested filing the complaint to get it on the court
calendar, with research to proceed in the time before the case is heard.
"
Manager thought the Amazon Parkway West was a good illustration of the problem faced _
the City Attorney indicates a very real question whether the design,of that facility
as has been envisioned in the past would require a vote under this Charter amendment.
Yet proponents of the Charter amendment emphatically say it would require a vote.
Because of tha diversity of people involved in promotion of the amendment it would
be difficult to determine who would define the proponents' intent. And there still
remains the question of procedural problems which will be encountered under-the
amendment. Public Works Director pointed up the task of constructing roads and
fulfilling the impact statement requirements in view of the time required for design,
, right-of-way purchase, and other phases which cannot be determined by vote.
ep
Ed Kenyon, Register-Guard reporter, asked if the staff has considered the possibility
of drafting legislation they felt would be workable yat which generally followed the
, desires of theorigina~ drafters of the Charter ~ndment to be submitted to the
voters.
l:
lo"3
4/9/73 - 6
'-\
'Mayor Anderson commented on the unworkability of the present law and predicted that
regardless of court tests, legal procedures, etc., this amendment would be eradica'ted .
: in time because it is so poorly written. He .had no quarrel with the intent that
I voters have an opportunity to-determine traffic patterns, environmental factors, etc.,
,but he felt everyone would benefit from immedi.ate resolution of the issue rather
than delay and risk costly litigation as well as lack of service to the public.
I Mr. Anderson suggested exploration of alternatives to clarify the amendment but
: expressed the opinion that the Council has to take the lead with whatever input
is available from both the proponentS and the public.
I.,
COuncilman Nurray was concerned that there seeme(J to be a feeling that joipt;. con-
sideration of the problems by City and the proponents Would not result in a: workable
law; he felt it 5(as voter intent that a joint effort be made. Mayor Ander~on' replied
' that to the contrary he f,eels the parties can reach, a workable situation; bu,t as
the matter now stands it is unworkable, and withou't significant changes a muph more
controversial situation will result. Councilman Hershner had no objection to the
al ternative of' finding substitute legislation.if;"i.t,''W,oUl-d,resql,ve, the.,technical and
interpretive probl ems . However , the intent of ~iii~':)fldl;;~:Pn,(:'wa:Eht~: ,cy~'c;e.+.i tigation
for which research would be a primary step. Mrs .c:BEiiitiji:e.a9#~'i.~~d ;,t!Je:~~c~i.c~l and
procedural lJroblems encountered in attempting to work' undelJ'"It-h~ ',amendment and fel t
that nothing could be done toward a solution of those problems 'Without the legal
research. But s~~,fel t concept of planni~g. and ~esigning thoroughfares 1!a~ not ''-
'changed with the change in attitudes of the people of the city. She said ahe would
: vote against the mot.ion to commence ~litigation because she felt that should be the
final step. Prior to that action, there should be complete legal research and
:possibly a substitute Charter amendment.
I Ralph Al,dave, attorney, said the Council was making a decision without hearing from
, the proponents. Mayor Anderson noted that action taken at this time would be un-
'official and in the nature of giving direction for some resolution. He added that
' there IllOllld ,be opportuni ty for statements from proponents at the formal COuncil
meeting.
,"
Gomm
3/28/73
Appove
, Vote was taken on the mqtion as stated.
'voting aye, except Mrs. Beal, voting no.
Motion carri-ed'/ all oouncilmen present
,,:1:'::\
tI'
Ralph Aldave, 4150 Pearl Street, referred ta the Freeway Amendment and said
its purpase ta all'aw citizen decisian an the raute ,of any limited access
I route was praper, t:hat voters are entirely 'campetent to decide whether
\ alternate rautes are something ta be desired. He said thase peaple speak-
' ing against the amendrtJent, appear not willing to get to work because they
I are against the 'principle. He did not feel there w~s ambiguity in the
I language with regard ta: definition ,of "freeways," thraughways," etc.,
I and added that access ta a street is a praperty right and cannat be
taken away withautcampensation. The amendment in his view really speaks
I ta contralled ,or limited rqutes ta which abutting properties do nat, have
',access. With regard to questians raised abaut cantr~cts facilitiating
canstruction, Mr. Aldave said the purpase ,of the amendment is ta prevent'
I the Stat,e:or Federal gavernment fram building freeways thraugh the City
I until that.questian has been decided,upan by the vaters; uritilthere is a
vate the City cauld nat enter inta an agreement far any such canstructian.
Far no ather purpose is the amendment intended than ta prevent any limited
or contralled access raute until determined by citizens, ,of the cammunity.
He could nat see the reasan far warry abaut delay which wauld be caused by
this requirement since in ,his viewpaint this type raute is seldpm canstructed.
Mr. Aldave cantinued that the City wauld have ta attempt canstructian ,of
such a limited ,or contralled access raute in ,order ta,get a Court ,opinion
an'the amendment since caurtsda nat hand dawn advisary apinians. He sug-
gested that rather than criticizing it. , Mr. Aldave said 0.e wauld be willing
ta wark with City in an attempt ta salve any sartaf prablem presented in
this regard.
Scott Barlett, 3145 Partland Street, thqught any fundamental change in the
amendment shauld came from another vate ,of ,the peaple.
Councilman Murray favared the cancept ,of the Freeway amendment and said he
did not share, the reservatians with regard ta its terminalogy and ambiguities.
He said its intent was made clear fram the beginning. Mr. Murray thiriks
there is canfusian about the ,order of events r'equired by the 'amendment and
he said that was ,one ,of the primary reasans far pursuing further research.
He added that in cammittee discussion it was made clear that the matian wauld
not preclude an attempt ta seek'clarificatian with praponents in a frinedly
manner befare initiating any litigatian. And that the matter will came back
to this Council befare there is ini tiatiQn: p-r. -any'~:l~Gigatian.
-
.~
o
\04
,4/9/73 - 7
'.
Cauncilwoman Beal said she did not hear the cammittee discussian in the same
way as Mr. Murray~ She vated against the llatian in cammitteebecause she thaught
that.matian did nat fallaw the advice, ,of Attarney Etter's memo which stated five
alternatives, th'e ,'last of which would be to enter into a law suit. She said her ~
suggestion at that time was ta canduct legal research and canverse with prapanents ...
,of the amendment ta see whether all parties cauld came ta a clear understanding.
She was nat willing ta sti3.rt Ii tigatian at this time. ,Mr. Murray quated, :.',
Mr. Hershner's canfirmatian that the intent ,of his (Hershner's) matian in com- .
mittee was that full legal research and discussians with the' propanents wauld
precede any litigatian and that litigatian wauldnat praceed withaut cansidera-
tian by the Cauncil.. ,of that research and ,dil?c,ussian.
Mr. Williams maved secanded by Mr. McDanald that the Council autharize staff,
ta begin legal effarts ta clarify the int:ent ,of the Charter amendment, and
that such effarts may include thoraughanalysis ,of case law and statutes
in that area as well as attempt ta secure adjudicative clarificatian if
discussian with the prapanents is unsuccessful in resalving actual intent
,of the Charter amendment ta the satisfaction ,of the City staff.
Cauncilwaman Beal, said she wauld vate favarably an this matian since it was not
the same as that made in cammittee. Cauncilman ,Hershner said that the present
matian clearly stated his intentian in making the committee matian that litigatianl'
wauld nat cammenCe withaut apprapriate research and apprapriate endeavars ta meet
and talk with prapanents ,of the amendment. .
Vate was taken., on the IDatian as stated. Motian carried unanimausly. "
.
Mayar Andersan spake ta dispell the feeling that the City in develaping a
critique ,of the Charter amendment is infavar ,of buildingf.reeways and in gener-
al "spreading concrete aver the City." He repeated that he feels research and
clarificatian ,of the amendment are needed because ,of legal ambiguities. He
nated that he had appeared with Mayarsi Galdschmidt ,of Partland and Lindsey ,of
Salem in suppart ,of legislatian which wauld use highway funds far mass transit
purpases.
B. Election, Lane County Audi torium Association - Memo from the Finance Director was
,read stating that 5,631 of the required 5,847 signatures have been certified on
!initiative petition to 'submit the auditorium proposal to the voters. It is ex-
,pected that the balance will, have been certified before the next Council meeting.
~ At that time the Council will be asked to set an election date on a Charter amend-
ment authorizing acquisition, construction, equipment, and operation of an auditorium
center and issuance of not more than $5.5 million general obligation bonds for that
; purpose. Also, to authorize acquisition of property and entering into the neces-
. sary contracts, and to provide for public use of the center, its financing, and
retirement of the bonds. The Association asked that an election be set for
May 24, 1973 to include a ballot measu~e on the proposed downtown location vs
Alton Baker Park location.
.
Councilwoman Campbell congratulated the Association for its success in gaining
the necessary number of signatures on the petition within a month. She moved
seconded by Councilman Wood to accept the initiative petition from LCAA, set a
special election for May 24, 1973 to include authorization for a bond issue of
$5,500,000, plus a preferential vote on the choice of site for the auditorium
(downtown or Alton Baker Park), the measure to be the only consideration at thi~
election.
Councilman Williams asked if information would be available on the impact of the
operating cost of the center in view of wi thdrawal of EDA funds. Ed Ragozzino
of the Association said a report would be prepared and submitted at the April 9
Council meeting.
Councilwoman Beal expressed concern about holding an election on the auditorium
measure then possibly having to hold another election a week or two later on
: another Charter amendment or on the budget. Manager said it is known there will
, be a vote on May 1 on the Governor's tax program, then the statutory election on
May 7 for school board members and possibly school budgets. Because of work on
the City's supplemental budget staff was unable to complete regular 1973-74
budget work in time to submit it at the May 7 election. It is possible a measure
could be ready by May 24; if not, the next agreed upon date would be June 14.
He added that it is possible the Budget Committee would not want to make any
decisions until after the May 1 election because of the effect the outcome of
that election will have on the total property tax levy.
.~
Councilman Williams wondered whether it was wise to schedule a special election
on the auditorium in view of its defeat at; a general election. He felt a favor-
able vote in a special election in which a small turnout by a well-organized
.'
~:. '.
105
A/9/73 - 8
e
.
.
e
'group could decide an issue Would be - undesirible when a major portion of the
. voters had already defeated the measure. Also, he felt a special election on
I
this issue ~uld be inviting a special election on any issue whi.ch" came to' the
Council for submission to the voters; it would give the feeling that the voters
can decide only one issue at a time. He added that if the measure cannot be
delayed until a general election, other issues should be allowed on the same
ballot.
Councilman Murray was against the concept of a special election for any issue
affecting tax monies. He said political consideration was the only jusitifca-
tion for treating the auditorium measure separately and that was not adequate.
Because of the dissatisfaction of the voters with multi-elections he felt all
money issues should be handled at one time.
Councilman Hershner advised that his law firm represents the Lane County Auditorium I
Association, and for that reason he would abstain from voting.
Mrs. Beal moved seconded by Mr. Keller to amend the mption to state that an
election would be held on the auditorium issue on May 24, 1973, and if other City
matters are ready for submission to the voters at that'time they will also be put
on the ballot; if they are not, the auditorium will be the only measure on the
ballot. (
Councilwoman Campbell stressed the urgency of gaining a decision'Tn" view_of.."the ~. I
V
understanding with the Renewal Agency with regard to development of the proposed
downtown auditorium site. Bob Thomas of the Renewal Agency said that negotiations
on other development and planning for the proposed site in the renewal area are
awaiting a decision on location of the auditorium. He said an election on May 24 ~.
would give the Agency ample time but it would not be possi'ble to delay beyond
about the middle of June.
Ed Ragozzino explained LCAA's reasons for requesting a special election. Only
by considering it alone and not confusing it with other mo~ey issues can a clear
cut anSWer be given as to whether the auditorium is wanted~ He reminded the
Council that planning for the project has covered a ten-year period and that no
tax monies have been used to this point. He felt the many hours of citizen
participation in raising funds for that planning were worth s~ecial qonsideration.
Mr. Ragozzino said that LCAA was charged by the Council with the responsibility
for making recommendations with regard to an auditorium center, and LCAA's ad-
vice from that charge is to allow the issue to be resolved on its own merits at
a special election.
I
"
f
I
, Vote was taken on the amendment. Motion defeated, Councilmen Beal, Williams, and
I Keller voting aye; Councilmen Campbell, Murray, and Wood voting no; Councilman
, Hershner abstaining.
Vote was taken on the main motion as stated. Motion carried, Councilmen Campbell,
** Murray, and Wood and Mayor Anderson voting aye; Councilmen Beal, Williams, and
1 Keller .voting no; Councilman Hershner abstaining.
i. __. .,..~ _ ._ ____ _ "~_
Councilman McDanald nated decisians made ta attempt ta~cansalidate'
elections and said he felt any bud~et electian shauld be an the ballat
the auditarium issue. Dates praposed far halding variaus gavernmental
electians were discussed. .
Camm
4/4/73
Apprave
with
agency
, *~auncilman Murray asked carrection ,of vote recarded on carmhitteeminutesaf
April 4 ta show that he vated "na" an the final illation and that Cauncilman
Keller vated"aye".
Cauncilwaman Campbell cammented'an the petitian received requesting a special
electian an the auditarium'center and the number of people interested in the
praject wha have warked on it aver a 10-year periad. She felt the Cauncil
wauld have ta take thase facts inta consideratian in cansidering whether
ather measures shauld be put an the May 24 ballat.Ed Ragazzina, praject
ca-ardinatar far' the auditorium, representing the Lane Caunty Auditorium
Associatian' Baard, reparted that a feasibility study ta reflect the audi-
tarium"slte impact - dawntawn or Baker Park,-wauld be ready during the ,
first part ,of May. He presented copies ,of a statement fram the Associatian
which he read requesting, a special electian an the auditarium because:
The petitiaD requ,esting the election cauld be c0nsidered a ma,ndate ,of the
people and nat raised by the LCAA itself; and ,only th~augh ~ vate on.the
specific issue ,of the auditorium itself can it be declded wlthaut belng
canfused with ather issues whether there is need far such a, facility.
Mr. Ragazzino urged the Cauncil to let the auditarium stand alane on the
May 24 ballat.
. I
\O~.
" 4/9/7.3
9
Lee Bishap, president ,of the LCAA, read a portian ,of the initiative petitian and
nated the citizen effart put inta gathering the necessary signatures. He cam~_"
mended an the impartance of a decistan because ,of the camplex situatian 'with
regard to the dawntawn site and the Renewal Agency praject.
Paul Haffman, 3248 Bryceler Drive, expressed cancern,.abaut the number ,of elec-
tians. He said the issue naw is different than the ,one vated an previausly in
that the present measure cancerns a revised cancept, a revisedmethad ,of financing,
and different lacatian. Henry Scatt, 650 Pearl Street, favared a single-issue
electian an the audi tarium (and urged Cauncil ta "keep the faith") .
Archie Weinstein, 666 Willamette Street, said he appased the band issue far
practical reasans and nat because ,of the lacation ,of his business an ,one ,of the
sites prapased far the structure. He said higher taxes wauld result and he
taak issue with the cast stated in the measure,saying interest casts an the
bands would dauble the tatal cast afthe,cyenter. Mayar Andersan braught the
discussian back ta the issue ,of whether a special electian shauld be held.:
Mr. Wein~tein continued that City funds shauld nat be spent for a special elec-
tian an the issue when it had previously been defeated.
.
I
Others speaking in~~v~af a single ballat measure on the auditarium were
Edna Amidon, 65 West JOthAY~DU'e; Mack Fallmer, 37 Elwaad Caurt;' and Helen
RubensteJiu, 2806 Arline '-Way;; . SteVe Galdschmidt, 2467 University Str~et,' said
the issue is whetner there shauld be a singleballat and the Cauncil"must decide
whether the auditarium cBRter ~ill be the only issue, nat an whether there is a ..~
mandate ,of the people ta vate far ,or against it. He maintained the people shauld
decide the issue ,of whether the auditorium ista be built
Mr. Weinstein taak issue with halding the electian while the University is in
session. He presented a capy ,of the ,ordinance levying transient raam tax and a I
list ,of statements and contributians made t,a LCAA fram that rax and questianed I
the legality ,of allocatiaris fram that fund to LCAA. Mr. Weinstein alsa challenged
Cauncilwaman Campbell' sright b.eing a member ,of the LCAA, to participate in the
discussian. Lee Bishop explained that the Assaciatiafi has spent na tax funds
for auditarium campaign purpases, expenses have, been covered entirely by funds
fram summer shaws praduc.ed by the Assaciatian. '
=-....
,Maggie Barclay, 1445 East 19th Avenue, and Linda Welsh, 67 Carsan Hall, argued
that students at the University are majar financial c:ontributars ta the cammunity,
and same maintain residences in the, city year raund~ They nated the amount ,of
wark aver a 10-year peri,od ta bring the auditoriumcancept ta this phase and
expressed cancern aver the passibility that it wauldnat be campleted.
Cauncilman Williams questianed whether infarmatian wauld be available to the
vaters with regard ta the ecanamical impact of the ,center, and expressed
cancern abaut use of funds allacated ta the Assaciatian by the Raom Tax
Cammittee. Mr. Ragazzino said a statement will be availavle abaut the
first ,of May which would shaw incame and expensel@'sed an the last cancept "-J
accepted by the Cauncil. Mr. Bishop explained that Raam Tax funds have been
used far planning and 'ather specific purpases" nane far campaign purpas.es ,or
pramation ,of the center. He'said a 'strict segregatian ,of funds'. and accaunt-
ing has been fallawed and that ex'p,ens'~ ,of the campa:i!gn ,office and the cam-
paign itself have been met with proceeds from the summer shaws., '. '
Mr. Williams asked if the statement as written'bythe:Assaciatian"...planne~
aver a periad of 10 years..." withaut spend~ng a nickel, ,of the'6ity's tax
dallar". . . was a fair statement. Mayar Andersan':declared the questian aut ,of
order and braught the discussion back ta the ~ssue of electian d~te. Cauncil-
men McDanald defended the Cauncil's pasitian invating an whether a single
ballat measure should be considered, . saying there was no bias with regard ta
whether it is ,one-measure ballat. Cauncilman Waodfavaredasing~e~measure
ballat.
.
Cauncilman Murray taak issue with charge that those appased to ,a, special ,
electian were. appased becaus~ ,of a,mandate fram the vaters, and the idea that
the Cauncil is under abligatian.ta .pravide a special electian.~ He felt there
was basic difference ,of apil'iion between the advacates ,of the auditarium and.
those believing all maney' issues'should' be considered by the vaters at one
time. He maintained that aIr the vaters are paying taxes so'there shauldbe
na separatian ,of th~ audit,orium issue fram ot~er maney issues.
-,
WI
Cauncilwoman Beal nated priar .cammitment ta Eugene peaple t'a cansolidate .
electians and meetings with schabl baards in an effart ta hald fewer electians.
Councilman Keller said he would favor a special election; Councilman Williams
said he cauldn't see haw it cauld be said the auditarium center daes nat fit
inta ,or 'share in the' priarity sel'ectian} and' Cauncilwoman Campbell cammented
, . 4/9/73 - 10
'0' ,
e
that the initiative petitian canstituted a referendum, the people
telling the Cauncil'what is wanted.
A vate was taken an whether ta apprave cammittee actian ese-to May 24, 1973
electia~ day an the auditarium, autharizatian far $5.5 million band
issue, .and a 'preferential vote on locatian, the measures ta be th~ ,only
consideratian an the ballot). Motian defeated, Cauncilwaman Can~bell
andCatincilmen Keller and Wadd voting aye; Cauncilwaman Beal, and
Councilmen Williams, Mcpanald and Murray vating na; Cauncilman HershBer
abstaining.
.
Councilwoman Campbell asked that hervat~be recarded with the majarity
sa that she cauld ask far recansideratian. She said if the Cauncil's
cancern is far the taxpayers' maney the LCAA shauld be asked if they
are prepared ta reimburse the City for this type ,of expense and far
a jeab they were asked ta da. Mayar Andersan ruled a vate wauld be in
,order an whether ta recansider the actian. Vate was taken and recan-
sideratian defeated, Cauncilwaman Campbell and CauncilmenKeller and
Woadvating aye; Cauncilwaman Beal, and Cauncilmen Williams, McDanald,
and Murray vating na; Cauncilman Hershner abstaining.
Mrs. Beal maved secanded by Mrs. Campbell ta set electian an'auditarium
issue far May 24, 1973, the ballot ta include any ather Ci~y matters
which are ta be vatedupan. '
Cauncilman Williams wandered whether the electian shauld be held an
May 24 ,or on dates.previausly agreed upan by the Caunty, Schaol Districts,
and City. He said' if the budget is ready for vater cansideratian by
May 24 it would remove same abjectian? but it wauld nat remove the
questian of whether to fallaw thraugh with agreement made with the
County and Schaol Baard.
Mrs. Beal mentianed that the initiative petiti6~presented by LCAA did
ask far the May 24 date and the matian befare the Cauncil wauld permit
ather issues ta be considered at the same time. She asked whether
the budget ,or .atherCharter amendments wauld be ready by that time.
Manager said deliberatians" ,of the:- BlidgetCommittee will determine
when the'budg'et is TeadY:"f.Qr ':voter cansideration. The next date
after May 24 "agreed upan between the agencies is June 14 and that
wauld appearta be late far a City budget electian. Outcame ,of the
May 1 statewide election an praperty tax/schaal financing measure
will mare ,or less determine whether 'a May 7 date will hald far lacal
schaal budget elections, and in arty event it is unlikely that the
City's budget wauld beready by that time.
Discussian fallo'wed an intent~',of the matian (ta call electian on
May 24 and place an the ballot all City measures which may be ready
far presentatian ta the voters at that time), individual preferences
far auditarium election ,only ,or inclu~ian ,of ather maney measures,
likelihaad ,of budget preparatian being campleted in time ~'0 place
an a May 24,ballat, etc. Councilwaman Campbell reminded the Council
that if an electian is nat set by the Cauncil on the initiatiwe
peti tian, then the City Recarder is legally bo.und ta set "i t.
e
Vate was t~ken on the motian as stated. Matian carried, Cauncilmen
Beal, Campbell, Keller and Waad voting aye; Cauncilmen Williams,
McDanald, and Murray vating na; Councilman Hershner abstaining.
,J::1 Nei~hborhood Recognition 'procedure -,Copies ~.t s:atement of p6i~cy with regard to
. , neighborhood organizations were prev~ously d~str~buted to Counc~l members. It out-
: lined the r~quirerne!lts for recogni tion as a nei9hborhood o~~zation, func.tions
; and responsibilities for both the organizations and the City, and recommended
,procedure for establishing a neighborhood organization.
, Mr. Murray moved seconded by Mr. Wood that the Neigborhood Organizations Policy
be ,referred to the Planning Commission and returned with their comment.
.
. Councilman Murray explained background and intent of the policy, supported by
officers of existing neighborhood organizations with sli<;[ht reservations that it
would benefit by more City staff input. He felt that referral to the planning Com-
I mission would allay that reservation. He said the policV would not be a radical
, departure from present policy but addresses ,itself to requirements needed to be
recognized by the City and start an advisory relationship. It would try not to
restrict the organizations from being flexible in form and interests, at the same
time try not to place unreasonable demands on t~e City in light of budgetary con-
siderations, staff time, and work expectations.
-..,- ~- - ------.--- --...----y----
\o~
4/9/73 - 11,:'
In answer to Councilman Wood, Mr. Murray explained that defini te boundaries are
required to remOVe generali ties in identi~icc~tion of neighborhoods. It would not
exclude anyone from participating who has',~an" interest in a specific neighborhood.
Vote was taken on the motion as stated. MOtion carried unanimously.
, Camm
4/4/73
Apprave
,.
D.
Audit Agreement, 1972-73 - Copies of proposed agreement with Lybrand, Ross Bros. &
Montgomery were previously distributed to Council members. The pro~sal refle~t~
an increase in costs of $1.00 per hour for a,udit supervisor and aud~ tors. Adm~n~stra-
,tion feels the proposal is acceptable.
Mrs. Beal moved seconded, by Mr. Williams to approve the agreement as presented.
,Motion carried unanimously.
Cahrrn
4/47173
APP,F,0<Y;E3-
E: Mobile Home for Nightwatchman, 1010 West 1st Avenue - Requested by A1' sTowing
Service. Staff recommends approval, location meets criteria for location of
mobile homes.
Mr. Williams moved
unanimously.
F '3)
. ,~
seconded by Mr. Wood to approve the request. Motion carried
Camm
4/4/73
Apprave
Jlmending Code re: Safety Procedures in Public Rights-of-way - Copies previousLy
distributed to Council members. The amendment would establish standards of
traffic control devices and signing on construction projects in the public
right-of-way.
Camm
4/4/73
Apprav$
~2J
Amending Code re: Bicycles - Copies previously furnished Council members.
The amendment COvers safety regulations for the oper,a'tion of bicYCles.
-.
, It was understood both ordinances would be included on the April 9 Council agenda
in the ordinance section.
Camm
. 4/4/73
" Apprave
proclamation on EarthWeek to be issuea
The BRING organization asked Council
in the recycling drive scheduled for
G. Proclamation, EarthWeek - Copies of proposed
, by the Council were previous.J.y distributed.
support to encourage ci tizens to participate
the week of April 8-15, 1973.
Councilman Williams questioned the fifth"Whereas" which'states that -reCycling
".. . lessens the consumption of power.. .." He felt in a number of instances power
consumption would be increased although the depletion of natural resources would
be alleviated.
Mr~. Beal moved seconded by Mr. Wood to approve the proclamation. Motion carried
unanimously.
Camm
4/4/73
Apprave
: It was understood there would be an attempt to gather further infoI71lation with
regard to power consumption in the recycling effort.
H. Li uor License A lications
:;1 Dari-Mart #9, 801 West 28th Avenue - Adding partner (PB)
Howard, Gladys, Jock, Michael, Warren Gibson and Jeanette Davis
~.
\~;)
Louie's Village, 947 Franklin Boulevard - New (RMBC)
Margaret F., Tim, and Betty Louie
Staff has no objections and OLCC reports no protests.
Mr. Williams moved seconded by Mr. Wood to recommend approval of the applications.
Motion carried unanimously.
Camm
4/4/73
Apprave
I. Easement, SCS ]J.-3 Drainage Channel - Between Bel t Line Road and Danebo Avenue.
ITo be purchased from Everett Olsen for $~800.
Mr. Williams moved seconded by Mr. Wood to authorize the purc~ase.
unanimously.
Camm
Motion carried '4/4/73
~ppro1e
J. Mall Permits,
-i} Roger Rix,
.. basis.
;i.} Paul Bahren, Jr.,
in poster form at
Commercial Uses
1020 River Road, requests permission to sell carnations on a roving
2105 South A, Springfield, requests permission to sell poems
the corner of Broadway and Olive.
-
reminded Council of the highly controversial nature of commercial uses
i o'F . . 'Ell 1 , particularly uses in competition with existing businesses. In anSWer
to ItNC2:.1!men Williams, Manager said the permits were requested for on-going
activi:ties, not for a specific period of time. counciiman Williams asked if the
permits could be issued on a revocable basis, not as to ~ength of time particularly,
\oCJ
4/9/73 - 12
but to give an opportunity to rescind these permits sh~~ld there be a flood of
similar requests. There was no response other than that legal review would probably
be necessary.
.
councilwoman Beal favored the idea of selling' flowers on the mall. She suggested
a fee for commercial permi ts to cover the oost of increased maintenance and to
lessen complaints from established businesses. She wondered whether the legisla-
tion under which the existing popoorn stand was established was broad enough to
permit rental of any space in the mall. Manager said Parks,Department did not
recommend permit fees; they felt permits for mall USe would not create an increase
in maintenance costs.
Mayor Anderson left the meeting and Counc~l president_ ~eal .assum~d the .Ch,air.
Other Cquncilmen felt allowing the permits would establish precedent and call for
judgment as to type of businessey which would be allowed. Mr . Williams thought
if serious oonstderation was~to be given to commercial uses on the "mall, a policy~ ~-
statement with regard to those uses should be prepared and submitted to,public
hearing.
Mr. Keller moved seconded by Mr. Williams to deny the applications for permits
for commercial use~ on the mall.
.
Councilman Murray didn't disagree with expressed reservations but he did feel the
type of activities mentioned would enhance pedestrian use of the mall. Council-
woman Beai referred to an article in an issue of Nation's Cities entitled "How To
Bring A Dead, Dull Mall To Life" and its suggestions for increasing USe of pedes-
trian malls. She suggested that the Mayor be asked to appoint a committee of
downtown business people and Parks Department people to investigate the possi-
bility of renting space and charging fees, following the outline of the article
mentioned. She thought such-a committee mght create an interesting program which
would be attractive and helpful to the business people,~'arid~the-fees--charged there-
for could be earmarked to defray some of the parking charges:, against individual
downtown businesses.
Councilwoman Campbell and Councilman Hershner left the meeting.
There was favorable reaction to the ~ecommendation but general agreement that
action should be taken now on the Rix and Bahren permit requests with the idea
that they could be resubmitted should r~gulations be established to allow com-
~ercial uses on the mall.
Vote was taken on motion to deny the permits. Motion carried unanimoUSly.
Councilmen Keller and Williams left the meeting.
--
Mr. Murray moved seoonded by Mr. Wood to request the Mayor to appoint a oommi ttee
to work with staff on the basis of the Nation's Cities article referred to by
Councilwoman Beal. Motion carried unanimously.
.._ -t~ -~,,--~ ~ ....
LCOG Co-ordinating co;;nittoo, Schoo[Site Planning '- Mayor Ande'xson almounced the
appointment of Councilman Wood as the City's representative on the joint oommittee. \
, K.
Legislation - S.B.826, Councils qf GOvernment' - Mayor Anderson asked for expression
of support from the Council on this legislation . The pill would not significantly
affect the present operation of the yane Council of Governments. It was under-
stood a copy of memo from LCOG outlining the legislation and a copy of the ,bill
i itself would be forwarded to Council members before the April 9 meeting.
M. Petition - Paving, sanitary and storm sewers within Schaller Estates Subdivision -
'Petitioned for streets entirely within the subdivision except for 180 feet to be
assessed against property not represented on the petition. In answer to Council-
, woman Beal, Public Works Director explained that the portion to be constructed out-
side the subdivision will be a 'connection of two paved streets. He added that. that
: portion was not paved in conjunction with the previous' subdivision but at some time'_i
; will have to be paved and assessed.
L.
~-
!III'
\ Manager suggested acceptance of the petition to allow engineering work to proceed
I and public hearing at time of contract award. Councilman Williams said he would
, like to see a poll of owners of the property-abutting the lBO-foot section, and
it was understood inquiry would be made to deternUne whether they do wish the im-
,provement. Councilwoman Beal thought the 'poll should be taken before engineering
work commences in the event of a negative reply. Public Works Director felt that
iifpetitions for street improvements filed as a routine matter with the filing of
" subdivisions __~.re no,~ hg!2(;)E..~,!,th.e.]} subdivision filiT!~ sho~ld !!_e stoI!ped. Manager
\\0
4/9/73- 13
\
",
:~,;'"C-amiiJ
C-'~]/4l7~\
/ . ApppaYf:l
'Comm
4/4/73
Affirm
Camm
4/4/73
Affirm
,.i
cominented on the probable amount of traffic over the unimproved section because of
its being a connection between two paved streets.
Camm
4/J+/73
Affirm
'.~,
N.
It was understood that a poll of the property owners would be taken and possibly a
tour of the pxoject.
, *.. . .... . . ,,' .. ~ -
'Advisory Committee, Needs of Physically Disabled with Mobility Problems -
,Mayor Anderson announced that a committee of seven people, all having mobility
problems, is drafting an informal set of bylaws and will be working with the
.Council and staff on problems encountered by the physically disabled.
"
I ,C'omm
J!2'8Y73
File
o. Calls re: Cats - Councilman McDonald noted a numbe,r of telephone calls from
people registering complaints about the nuisance of cats running loose. Some
of those calling suggested institution of a $5 license fee and a fee for re-
trieving impounded cats. Manager said there is a continual flow of calls with
regard to this problem but there has been no acceptable solution. Mayor Anderson
said the matter would be taken under advisement.
Comm
3/2'8173
File
P. : Scrap Metal Yard, Highway 99 North - Councilman McDonfl-ld reported oomplaints re-
ceived about the appearance of the scrap metal piled at'this location (Eugene
'Salvage and Equipment Co.). Manager said history of zoning this area has been
reviewed a number of times. Verbal commitments, were made with regard to screen-
; ing the area but there is no l_egal tool to force any type of correction.,
, Visibility from the overpass makes the' situation more noticeable, and it is
doubtful that the State Highway Department would allow screening on the shoulder
of the overpass itself to better hide the scrap. Public Works Director said
investigation is in progress on special legislation relating to junk yards be-
cause of this specific si te.
Comm
3/28 '/73
. I.
File
.
Q.,
Bicycle Committee Report, Bike Use of Sidewalks - Copies of report were distributed
to Council members for review before a full report to be made'by the Bicycle
Committee Chairman at committee meeting, April 4, 1973.
_ "omm
3/2~/73
--~ File
R. :Taxicab Service Standards - Brought for discussion at Council's req~est at time of
consideration of fare increase. Letter from Terry Joan Strong, 1893 Villard Street,
was read citing several experiences in use of taxi service and claiming inconsistent
rates, discourteous service, and possible dishonesty on the part of drivers. She
~suggested posting of drivers' licenses or some other identification wi th a picture
fand the name, and rates for both in-city and outside travel in the cabs where they
: would be plainly visible to passengers riding in the back seat.
,Aviva Sainz, 1841 High Street, noted her complaint against Terminal Cab Company,
which also oPerates Yellow Cabs, registered at the time of rate increase hearing.
She recommended that cab companies be prevented by law from starting the meter
before passengers enter the cab. AlSO, that cab drivers be required to ring the
, doorbell or knock to inform a customer of arrival rather than honking the horn, and
; that they be required to carry at least $10 in change.
, Effie Faulkner, 255 High Street, wondered if the City could control operation of
c~ companies during bad weather. She was unable to contact taxi companies during
the past winter's exceptional freezing weather, and bus travel was not chosen be-
i cause of sidewalk condi tions.
'.
;' Councilman Williams reported a telephone call from a Mrs. Gurdy at Ya-Po-Ah Terrace
asking ,that her experience with taxi service be related. She had recently called
a taxi for transportation while ill and had to wait 20 minutes before it arrived
after being told it would be there immediately.
lbn T,aylor, manager of Terminal Taxi ,and Johnnie Miller, owner of Eugene/Springfield
Taxi Service, thought the present regulations were sufficient to govern cab drivers.
Mr. Taylor said the drivers do have their licenses posted in the cabs, and the
Police Department has the privilege of withdrawing licenses on the basis of bona
fide complaints. There is also consumer protection through the District Attorney's
office. Mr. Miller referred to the complaint about failure to answer calls during.
the freezing weather.' He explained that his taxi service was operating almost around
the clock and they found it impossible at times because of heavy demand for cab
service to answer all the telephone calls.
Fred Dyer, manager for the Lane Transit District, commented on the importance of
taxi service as a part of public transportation, and that the Transit District is: .
not capable of providing the same type service provided by cabs.
'.~.~.
'-= .=-
Police Chief reported that only one complaint, and that of a secondary nature, had
been received during the past 13 months wherein it was claimed an indirect route
, \\
4/9/73 - 14
''1':
e
" was taken by a driver. He added that there were 95 drivers during the l3-month
: period and no violations were observed with regard to display of rates or licenses.
Accuracy of meters was not checked.
General discussion followed concerning method of posting rates and licenses, check-
, ing meters for accuracy; reluctance of cab companies for drivers to carry large
amounts of money for change, recognition that taxi service is not franchised in tbe
city, manner of handling fares when change is not available, possible incentive for
I drivers to take indirect routes, company policy with regard to running meters before
passengers enter the cab, etc.
Both cab company representatives commented on the high turnover of drivers and
acknowledged the p,ossibility of taking indirect routes because of unfamiliarity
with street patferns. However, they ~id not feel any such occurrence would be in-
tentional and offered refund of fare ~or any longer than necessary distance traveled.
Mr. Taylor explained that a few minutes are allowed for passengers to enter the taxi
before the meter is started, however, there must be some cutoff time to prevent
tying up the cabs for longer periods of time. It is company policy to help handicapped;
people to and from the cab and e.lderly people wi th groceries. He explained also
that the companies try not to double up on passengers although they do that at times
during bad weather. Fares charged each passenger when they are doubled up are
charged on, the same basis as when riding a~one.
.'
Councilman Keller felt there might be need for some correction in type of service
offered by the taxi services in view of the complaints registered. He suggested
the companies give more attention to training of new drivers to avoid a larger
problem. Also, some action should be taken with regard to apparent inconsistency
in charges for city-to-airport type travel. Both taxi service representatives com-
mented on the difference in fares ~or travel to and from the same points because of
, varying routes caused by the one-way street patterns. Mr. Miller said outside travel
is supposed to be on a meter reading, 50C per mile.
Mayor Anderson suggested no action by the Council at this time to give the cab com-
panies in the area an opportunity to improve their services. He commented on the
apparent serious shortcomings of the taxi services and said if ther~ are further
complaints forthcoming in the next 90 days to six months, the City may be forced
to take some more direct action. He added that every effort would be made through
the Police Department to check on qomplaints with the possibility of Council review
_at,!,,! )~t,f#~.time~_..,- L
S., Calls re: Shelter House,' 2308 Willamette - Councilman Keller
. calls with regard to the operation at the Shelter House, He
tio~ was. being investigated.
reported several
was told the situa-
,
T.icorrespondence - Copies of responses from Legislators and Congressmen to Council
posi tion on various i terns of legislation and the Wounded Knee incident were
passed to Council members for their information.
-
u. A intment, Committee on Needs of the Ph sicall Disabled With Mobilit Problems-
,Mayor,Anderson announced the appointment of the seven-member committee: Dennis
:Celor~e, 5115 Imperial, chairman; Merle JOhnson, 3415 Onyx, vice chairman. and
Jerry Havlina, 296 Lakeview; Larry Craig, 851 F ,Springfield; Greg Long 1201
! McLean; Jim Martin, Route 1, Box 3, Mt. Vernon Road, Springfield; and P~t Langan,
2650 Balfour. Copies of a statement with regard to the committee's organization
) and purposes were distributed to Council. '
V.:Bicycle Committee Report - Ruth Bascom, chairman of the Bicycle Committee,- int~oduced
!committee members: Ben Pascal (not present)~,Tom Poage, Irv Berman, John Etter,
Laoni Davis, Bob Jensen, and Ken Taylor. Th~i),.reviewed progress of the oommitte~ to
date and showed proposed,bike routes with maps and sketches - West Amazon, Coburg'
Road, Hilyard, Echo Hollow Road, Amazon Park, and'Skinners Butte Park. Bids have
been received on a bike trail from Marshall Avenue 'to Hawthorne Street, and the Echo
Hollow project has been put to bid including extra width to accommodate bikes. In
answer to Councilman Wood, Mrs. ~ascom said that no parking will be eliminated on
Echo Hollow Road because no parking is allowed on that street now. Copies of pro-
posed program for the next three years were distributed to Council members - South
Bank Wil1amette River having top priority, inclusion of extra width to accommodate
bicycles on any street widening project with 29th Avenue and Bailey Hill Road having
first consideration, ,and working with citizens to determine their desires as to
points of concentration for improving bike travel. Slides were shown of va~ious
sidewalk treatments for bike travel, and radio tapes promoting bike traffic safety
were played. Report on bike count on the trail.through Alton Baker Park was submitted.
.
Al Williams, traffic engineer, congratulated the Council on i~s selection of
Mrs. Bascom as chairman of the Bicycle Commi ttee. He said her interest and effort
were responsible for keeping work of the commi ttee on course., Mayor Anderson commented
on the energetic and enterprising work of the Committee and expressed the hope that
; resourceS would be available to establish the bicycle as a real means of transporta-
,_tion in ~h~!_E~ty~ _u_ _~_ ___ __ _________. . ______ u________._ ~__
\\~
4/9/73 - 15
-'t
Camm
3/28/73
File
Camm
4/4/73
File
Camm
4/73
'File
I
I Camm
4;{4!73
~iFile
. C amm
4/4/73
I Fil'e
------ --"- -
w. Overpark Assessment, Kaufman -Mrs. Trude Kaufman requested relief from Overpark
assessment against the Kaufman store property in view of the tower assessment
against the Broadway store property. Copies of memos from Finance and Manager in
this regard were previously distributed to Council members.
'~
-
, Councilman Williams felt that the question of application of Zones 3 or 4 because
, of structural change was irrelevant and said that any chapge in assessment would be
, complex and difficult. Manager said about the only way a change coul.d be made would i
, be to provide general Ci ty funds to meet the cost of any reduction in assessment; i
, any attempt to reduce the lien on one property and increase it on another at this
time would be impossib:le._
i Councilwoman Campbell reported that Mrs. Kaufman's main concern was that The Broad-
, way was only ten feet from Kaufman's store yet paying a lesser assessment, and~that
the two properties should carry the same assessment. Mayor Anderson offered to
appoint a chairman of any committee caring to tackle establishment of a new formula
for assessment. He said this situation will continue to arise as development pro-
ceeds in the downtown area.
X. Garbage Baard Repart re: -Spring -Pn~,nings'~P:(..ckup --~Capies, were. dis":",~
tribut'ed ta members ,of the Council.' - ,
Camm
4/9/73
File
Camm
4/9/73
File
Mrs. Beal maved secanded by Mr. Williams tha,t. Items C through X be appraved,:~_
affirmed, and filed as n,ated,. Rallcall vate~ Mation carried,~ aJ,,,~<[lleI!![:)e;r's'
present vating aye. .( See actian abave far items A and B ) .
No action was taken. It was understood the item would be placed on the consent
calendar for filing at the" April 9 CounciL meeting.
"
--
IlL.' Ordinances
Cauncil Bill Na. 218 - City Code Amendme~t re: Wark Safety Pracedures
in Rights-of-way was submitted and read the first time by 6auncil bill
Numb~r and title ,only, there being na cauncilman present requesting that
it be read in full.
Mrs. Beal maved secanded by Mr. Williams that the bill be read the secand
time by cauncil bill number anly,with,unanimaus canseht aY the c(1).cil,and
that enactment be cansidered at this time. . Matian' carri'ed unanimausly
and the bill was read. the secand time by cauncil bill number ,only.
Mrs. Beal moved secanded by Mr. Williams that the bill be appraved and
given final passage. ;Rallcall vate. All cauncilmen present vating aye,
the bill was declared passed and numbered 16749. '
Cauncil Bill Na. 219 - Cade amendment re: Bicycles was submitted and
read the first time by cauncil bill number and title ,only, there being na
cauncilman present requesting that it be r.ead in full.
Mrs. 'Bea~ mbv~d;_,secon9-~d:: 'by Mr.,: Williams that the bill be read thesecand
time by council bill number only, ,with.unanimaus consent ,of the cauncil, and
that enactment be considered at this' time: Matian carried unanimausly
and the bill was :readthe secand'~imeby council,bill number ,only.
.
Mrs. Beal maved secanded by Mr. Williams that the bill be appraved and
given final passage. Rallcall vate. All cauncilmen present vating aye,
the bill was declared passed and numbe~ed 16750.
IV. d~Resalutians
Resalutian Na. 2166 - Autharlzing payment ,of bills, claims, and pragress
payments far peri ad March 27 thraugh April 9, 1973, was submitted and read.
Mrs. Beal maved secanded by Mr. Williams ta adapt the resalutian. Rallcall
vate. All cauncilmen present vating aye, matian carried.
Matian was duly made, secanded and carried ta adjarn ta Manday, April 23, 1973.
.
\\~
4/9/73 - 16