HomeMy WebLinkAbout04/30/1973 Meeting
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Council Chamber
Eugene, Oregon
April 30, 1973
Adjourned meeting of the Common Council of the city of Eugene, Oregon -
adjourned from the m'eeting held April 23, 1973~ was called to order by
His Honor, Mayor Lester E. Anderson at 7:30 p.m. on April 30, 1973 in the
Council Chamber with th~ following councilmen pr~sent: Mrs~ Beal,
Mr. Williams, Mr. Hershner, Mrs. Campbell, Messrs. Keller, Murray, McDonald,
and Wood.
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I. Public Hearings ,
A. 'First Avenue Ramps, Washington/Jefferson' Bridge Extension
Manager introduced Robert Royer, Bill Cranford, Hal Versteeg, and
Adrian Olson from the State Highway Division. Mr. Royer summarized
the report from the State on alternatives, to removing the ramps to
and from 1st Avenue upon opening of the Washington/Jefferson extension
of 1-105 ,(copies previously distributed to Council members). He
referred to the Eugene/Springfield Area Transportation Study (ESATS)
resulting in development of ia plan published in 1967 designating a
series of streets to handle future transportation needs. The 1-105
segment under discussion is based upon that transportatiop system.
Mr. Royer said the proposed Roosevelt Freeway (Highway 126) going
west from the extension could not exist if the ramps are left in,
:and review.ed other segments of the system provtding connectLons to
the project. He noted the agreement between the State and the City
that'there would be no access points on the freeway between the
River and 6th and 7th Avenues.' He also noted the rec'ent City Charter
amen~ent which probably would require voter approval before any
agreement is entered into between the Highway Division and the City
to retain the ramps, and :environmental impact statement requirement.
Mr. Royer said the alternates set forth in tl).e Highway Division report
would require updating of the ESATS plan;'.beforeFeaeral approval, , '
and Federal approval would be required since this project falls
wi thin:,;the Federal, highway system with design based on 20-year
projeptions. Any change at this time would be difficult to accomplish.
Mr. ~oyer detailed the alternates to closing the ramps as contained
in the Highway Division Repo'rt. The ramps are scheduled"to be closed
about mid-June upon opening of the 1-105 entension. Retaining the
ramps,' changing the design at this time"he 'said, might result in
curtailing of funds for the' proj ect from the" Federal government and
place the Highway DILvision under severe financial handicap. He went
on to describe safety hazards for northbound traffic entering the
, freeway from the, ramps - sight distance, merging, stopping distance,
congestion, etc, He said the structure could be widened at an
approxi~ate cost of $350,00 to handle the situation for a short period
of time (Alternate: 2 H)'but 'it could not be considered as a permanent
installation. It would seem tooexpensive\ for a short-term improve-
ment and is unacceptable from traffic safety standpoint. Mr. Royer
added that the ramps were installed to accommodate traffic across
the Washington/Jefferson br~dge upon its opening and during construction
of the 1-105 extension and were not intended as a permanent installa-
tion.' Slides were, shown depicting traffic patterns, alternatives with
retention of the ramps, proposed connection of Highway 126, and pro-
Jections o'f traffic loads in the general area. He repeated concerns
of the Highway Division that change in the proposed design, retaining
the ramps, would not be in conformance with the existing agreement
between the State and the City and any new agreement now would require
voter approval. Overall safety in traffic movement::would also b,e of
'concern and Federal funding of transportation projects could be
jieopardized since ,prior approval must be received from Department
of the Secretary of Transportatinn of any new design.
Public hearing,was opened with the following people speaking against
clb'sing of the ramps. 'Theywere Susan.'Franklin;; 890 W~st 3rd Avenue;
Wenzl Evans, 1031 Leigh Street; Bryan Livingston, 577 Madison Street;
Owen Hodge, 108 Cross Place; Karen Johnson, 357 Polk Street; Ivan
Blood, 370 West 1st Avenue; Margaret Rosseau, 63,2 West 4th Avenue; ,
Ed St. Clair, 652 West Broadway; Vincent Myers, 763 Nantuc~et Street;
Howard Warner, 4925 Barger Drive; Dan Herbert, 4450 Hilyard Street;
Dave Brynerson, 880 Par~ Terrace). Ralph Ald~ve, 4150 Pearl Street;
Laurence'Perkins, 1925 Dogwood Drive, for School District4J; .
Steve Hewitt, 2560 Hilyard' Street; Allen Whittington, 585 Oakway Road;
Fred Manela, 88 North Madison; Bryan Somonithh, 208 East 2nd Avenue;
Mary Brisco, president of the League of Women Vo:ters.
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. Ms., Franklin:~suggeste'd', the_ i~s~e' be ./Eel'erred' tothe'R~annini' CommiE?sion
and the Transportation Planning Committee, and asked review of the _ '
contract with the State for pO?,pible renegotiation of possible alterna'-<
ti ves. Others felt closl1,re of~t;he 'ramps': would isolai:,~j;he neighbor.hood
adjacent to the ext'ension;'traffic, would have to cross the railroad
traeks to reach the River Road area and would be more hazardous than use
of the ramps; more through streets would be created; traffic delays;
businesses.~_in the neighborhood would suffer financially; transfer of
traffic from Whiteaker neighborhood through other neighborhoods; con~
gestion caused by transfer of 1st Avenue traffic to 6th,7th, and
Blair Boulevard to River Road; no consideration of ' impact on public
transportation; an, updated ESATS plan would be essential to any
decision with respect to overall transportation planning for the area
bus service to the Whiteaker neighborhoodw_ould~: p~ ,c'lir!;ailed;' pro-
jections on which ramp Q,losl1re based may not be vali,d; further detailed
study needed with input from the community itself; uncertainty of
whether the Roosevelt Freeway'will actually be constructed; adverse
effect on Skinners Butte Park because of added,traffic moving,in that
direction; effect on dOwntown area.
Mr. Warner suggested installation of an automatic gate to bar traffic
from entering the freeway from the ramps during traffic hours.
Mr. Livingston suggested retention of the ramps with barriers to
prevent their use while future of the area is 'being decided and
negotiations are carried forward for their permanent use. Mr. Herbert
suggested temporary use of the ramps with temporary traffic controls
and delay of opening the extension until Federal approval of altern a-
tives is received.
Those opposed to closure of the ramps generally favored Alternative 2 H
proposed in the Highway Department report for handling of traffic
onto the'freeway from 1st Avenue . And some felt the closure a gimmick
to ensure construction ',of Highway 126 in this area.
Public 'hearing was' clo'sed and Mr. Royer responded to questions raised.
He said there is no question about having to obtain approval from the
Secretary of Transportation on any change in design. And the State's
legal counsel had' advised that under the City's recent Charter ,
amendrn,ent voter approval would be required if any' new agreement is
needed. Environmental impact ,statement is needed if ther-e is substantial
change in impa~t on adjac~nt neighborhoods. He added that the ESATS
plan, devel6ped locally and implemented as'money becomes available, is
the only basis for State highway work although not yet adopted by the
City Council. It has been pointed out a number of times,that update
of t;l1'a:t'::-f5f$3:n.should~ be accomplished to in'clude consideration of other
valuei irt the planning process.' Mr. Royer asked that the hazardous
condition not be underestimated if use of the ramps is continued. They
were not designed for merging traffic into tpe freeway. He explained
in response to claim that sight distance illustration in the Highway: ,-',_,
report was distorted, the method of, calculation'and the safety standards
for measur~~g.:> sight distanc e in proj ect., designs . '
Manager referred'to testimony which appeared to indicate that Highway 126
alignment as shown' in' the report Was 'the final alignment'. It is
recognized that the alignment as shown is'questionable and considerable
more study will be necessary before the 'final alignment is determined,
therefore a'ssumption that Highway 126, will be in this loca'tion ifi t is
constructed is perhaps faulty.
Councilman Murray wondered' why the' proposed Roosevelt Freeway and the
ESATS plan were used to jUstify removal of the ramps. He thought tl:18
cost of widening the ramps to better accommodate mergingtE'affic might
be considered in a different light, when looking a~t ,th~ cost of'the
overall project, construction-:.of Roosevelt Freeway, or for improvements
to 6th, 7th, and Blair'if 'the ramps closed. Mr. Royer::answered that
ESATS is' the onlY' trah'sportat,i:on' plan wh~ch has been developed' and
before it is rejected, other alternatives should be studied'indepth.
There has been no direction from the City on changes desired or alterna-
tives. Public Works Director added that City/State had previously
proposed widening 6th and 7th with the idea that it sh~oi.iTd be completed
prior to the extension of 1-105. ,However, because of uncertainties in
connection with the downtown renewal project the 6th and 7th improvements
were held up. He said'aB estimate of present-day cost of those improve-
ments could be calculated for Council information.
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Councilwoman Campbell wondere'd h0w the, $350,000 cost of ,widening
the northbound ramp from 1st would be ,furide'd and, whether a rail..,.
road underp'ass' had ev:er been con:sidered. Mr'. Royer 'explained
that if the change is accepted Federal funding maybB a possi-
bility, otherwise funds would have to come from State, County,
,or City'. Very 'few :chapges have been' approved on Oregon projects
by the Secretary of Tran'sportation, he 'said, although contact
might be made with this distrist' s congressman in an, attempt
to gain approval and fuI1iding. Mr. Royer said several alternaltives
were explored for crossing 'the railroad, but water problems'were
encountered in considering an underpass. He added, in response
to, Mrs; Carnpbell, that ,proper.design, speeds on the ramps,
proper clearance for vehicles, arid' other 'safety factors led to
the conclusion that the Roosevelt Freeway connection could not
co~exist with, the ramps. ' ' ,"
In answer to, questions ,from Councilman McDonald, Mr. Royer
explained the process for requesting permission from the
Secretary or Transportation to retain the ramps, at the same
time changing the present contract which calls for,their closure
upon opening of'the exterision. He said that approval did .not
a:ppear likely by mid-June when the ,extension is scheduled to'
open.
Councilman Hershner asked whether the ramps would be allowed
to remain 'open after the extension is opened while pursuing ,
approval of Alternative 2 H.Mr. Royer answered temporary
use of the ramps would depend upon the Federal Highway 'A~inis-
tration.
Councilman Keller asked if there would be ,a transition period
between opening of the extension and closiIlg of the ramps, giving
motorists an opportunity to change driving habits. Mr. Royer
said the ramps would not meet required safety standards.
Mrs. Beal moved seconded bj Mr~ Williams that disctission
be continued at the committee sess:>ion ori Wednesday" May 9,.
Councilman Murray felt the matter should be pursued at this time.
Councilman Williams sai~ that in conversation, with Howard Buford,
, LCOG transportation.- planner, it was pointed out that, use of ,lst "
Avenue as an arterial route would bisect the Whiteaker neighbor-
hood to a greater degree than Highway 126 would. Mr. Williams
felt more time should be given to cons~deration of 'the alterna-
tives presented. Mrs. Campbell expressed the desire forfDlmple
time at the continued meeting for full discussion, and possible
referral to the Planning Commission and LCOG Transportation
Committee and Natural Resources Committee.
Vote was taken on the ~otion as stated. Motion carried
all councilmen present voting aye, except Murray voting
no.
B. Planning Commission Recommendations for Denial (April J, 1973)
1. Rezone from R-2 and C-2SR to M-2 area east of Polk and north of
Railroad Boulevard (Frank Munn)
Petitioner requested postponement.
Mrs. Beal moved seconded by Mr. Williams to postpone
consideration of this rezoning to the May 14, 1973
Council meeting. Motion carried unanimously. ,
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Rezone from RA to R-2 area west of McMillan and south of 27th
(John Quiner)
Requested to allow multiple-family development.
Public hearing was held. No testimony was presented.
Mrs. Beal moved seconded by Mr. Williams to uphold
the Planning Commission recommendation and deny the
rezoning. Motion carried unani~ou$ly.
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3. Rezol).e from C-l to C-2 the southeast corner of Royal and Danebo
(Thomas Scheidt)
Staff felt extending the C-2 zoning farther south undersirable.
Public hearing was held. No testimony was presented.
Mrs. Beal moved seconded by Mr. Williams to uphold
the Planning Commission recommendation and deny the
rezoning. Motion carried~na~imou~~z. '
C. Withdrawal from @akway Wat,er. District .,
1. Area annexed between Goodpasture Island Road and Willamette River
South of Marist High School (Howell, Smith, Browne - Resolution 2042)
Public hearing' set for this date. No testimony was presented.
COUDcil Bill N.o .224 t Withdrawing from Oakway: District, that
area annexed between Goodpasture Island Road and Willamette River'
south of: Marist High Schoo+ wassupmitted an~ read the first time
by counci:l bill number and ' title oI11YJ~ ther,e being no councilman
present requesting that it:be read in full.
Mrs. Beal moved seconded by Mr. Williams that the bill be read the
second time by couneil number only, with.unanimous conseI1t of the Council,
and that enactment be considered at this time. Motion carried unanimously
and the bill was read the second time pycouncil 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 ~as declare~ passed and numbered 16755.
2. Area annexed between Goodpasture Island Road and Fir Acres Drive east
of Russet Drive (Hioneer Imiestment - Resolution 2112)
Because ofJ~~u,lty procedure the annexation was voided, so withdrawal
.was dropped.
II. ConsentCalendar
Items previously discussed at c-ommittee on April 11, 1973 ,CP:res~n.t': ,
~ayor AI1dB~son; CouncilmerrBeal, Williams, McDonald, Hershner, Campbell,
Keller, Murray, and Wood); April lS, 197.3 (Present: Mayor Anderson;
. Councilmen Beal, Willi<!tms, Hershner, Campbell, Murray, and Wood)'; ~..
(Ppesent: Mayor Anderson; Councilmen Beal, Williams, Hershner, Campbill,
Keller, Murray, and Wood); Minutes of those meetings appear below printed
in, italic s,.
A. Committee Report, Compensation for Mayor and Councilmen - council members were
previously furnished copies of the report and recommendations. Chairman Dushane
'reported that the committee was unanimous in its recommendation that (1,) the
'Council refer to the voters at the next City election a Charter amendment delet-
ing Section 34, Chapter VII, of the Charter which states: "The Mayor and Councilmen
shall receive no pay for their services," and adopting a new amendment which would
: provide that compensation for the Mayor and Council be set by the lay members of
(the Budget Committee, this amendment to state explicitly that the Mayor and Council
'shall have no voice in determining their own compensation; (2) that the lay members
be requested now to determine such compensation, payment to be subject to voter
approval of the Charter amendment; and (3) that compensation be considered at no
less than $100 and no more than $200 per month for councilmen, and no less than
$300 and no more than $400 for the Mayor.
[Chairman Dushane said that the committee conferred with Ken To11enaar and Herman
IKehr1i of the Bureau of Governmental Research during its deliberations and came
to the conclusion that the complexity of urban government in a metropolitan area,
time-consuming meetings, listening to problems of constituents, and necessary
inter~agency work justified a modest salary for the City's elected officials.
iHe explained the~ctio!! of~.!.h€! _committee's research and ~tud~d said the . .
committee felt the average cTtizen should be able to serve w~thout any substant~al
'sacrifice and without subsidy of the governmental unit by an employer through pay-
iment of wages for time spent on City work.
Mary Briscoe, a member of the committee and president of the League of Women voters,'
'agreed with the recommendations and said it seemed the proper concept for this com-
munity. Some discussion followed with regard to merits of voter decis~6n on re-
stricting service on the Council to the unemployed or professional groups, and
,eUection date at which the measure could be considered.
Mrs. Beal moved seconded by Mr. Williams to adopt the committee's report and request
the City Attorney to prepare a Charter amendment as outlined. Motion carried Comm
unanimously. I, /11/73
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B. ; Commercially-Zoned Land - Copies of inquiry from Councilmen Murray and Hershner
,with regard to amount of commercially-zoned land within the City were previously
;furnished other Council members.
:Mr. Murray moved seconded by Mr. Hershner that the inquiry be referred to the Plan-
ning Commission for consideration and answers to the questions put forth.
Councilman Murray explained that questions arose because of recent Council considera-
tion of commercial zoning for riverfront property, although that is not the only
'situation; it is an example only. The inquiry was pointed toward the "demand" for
: additional commercially-zoned property even though there appears to be a current
, surplus available for development.
Councilwoman Beal agreed that the questions presented need answers and thought
Council referral would give sufficient priority to bring it to the top of the
Commission's work load. Councilwoman Campbell noted her particular concern with
provision for a bicycle easement through the north bank property and for taking
of agricultural land for commercial use. Mayor Anderson stressed the importance
of staff research and availability of data with regard to the exact amount of
,land now zoned commercial prior to a meeting between the Council and Planning Com-
; mission, this to allow a discussion of economical and planning problems rather
I than one of philosophy.
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Vote was taken on the motion as stated.
Motion carried unanimously.
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Sculpture Symposium - Hope Pressman 'provided Council a roster of committee members
and a brief description of the plan for holding a symposium in Alton Baker Park
: during the summer of 1974 for sculptors of monumental works. She gave details
: of the planned project which will attract internationally-known artists and
: asked for Council support to bolster the committee's work in bringing the plan
to fruition.
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Specifically the Council was ,asked to give the City's support to the project,
authorize submission of an application for $45,000 special grant from National
Endowment for Arts for "Works of Art in Public Places," and consider funding in
the amount of $20,000 for a sculpture for the City ($15,000 for an artist, $5,000
for per diem expenses). Through the grant and funding of artists by agencies,
, individuals, and organizations it is hoped to gather the approximately $150,000
deemed necessary to underwrite the symposium. Those funding the artists will re-
ceive the sculpture created for placement in surroundings suitable to the piece. ...
Mrs. Pressman said permission has been obtained for use of Alton Baker Park for
the symposium, and the County has expressed an interest in having a sculpture in
the Park itself. Also, the Renewal Agency has expressed interest in choosing a
site for a City sculpture. She added that the Arts Commission has worked with
the Room Ta,: Allocation Committee which would probably be the natural source for
funding an artist for the City. She realized City budget restrictions but felt
the need for City support in terms of promoting the concept of the program.
'Mr. Williams moved seconded by Mr. Keller that the Council express its approval
, and support of the International Sculpture Symposium to be held in A1 ton Baker
: Park and authorize the Mayor to request National Endowment Foundation funds and
that he may do so in the name of the Council if so desired, and suggest that
application to the Room Tax Allocation Committee as the most appropriate area in
which to seek artist fundi~g.
. Councilwoman Campbell did not want to rule out entirely the possibility of pro-
viding funds in the City's budget should the Room Tax Cbmrndttee fund only a portion
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i of the requested money. 4Y11/73
~ Vote was taken on the motion as stated. Motion carriedunanimous;l.y. Approve
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D. : Affidavit of Non-discrimination, Favorable Recommendation on New and Renewal
I 'Liquor License Applications - Council merribers previo'usly received copies of letter
from David Jordan, chairman of the Human Rights Commission, wi the' other information
concerning court decisions, current legislation under consideration, and excerpts
of the Federal constitution and local ordinance relative to affidavit procedure
recommended by the Commission. Mr. Jordan said that the Human Rights Commission
maintained its position that the City should express its disapproval of public
sanction of discrimination by requiring an affidavit of non-discriminatory prac-
~ices for favorable ,recommendation on applications for liquor licenses, ~ither new
or renewal.
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Ron Couser, member of the Commission, could see no interference wi th the first
amendment to the Constitution by adoption of the affidavit requirement, which he
said appeared to be the reason for previous rejection of the Commission's request.
He said granting of licenses to private clubs having discriminatory policies con-
dones those discriminatory practices.
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Molly Anderson, member of the Commission, stated the Commission's belief that the
affidavit requirement would in no way infringe upon the right of members of private
club~ t~ meet, and in no wai;'}s the Commission advocating a law which would prevent
people from assembling. Councd.~lman Williams said that it is clearly evident if the
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thesis is taken that the State shoul"d;in no way act to permit any discriminatory
group to operate, then failure to act can be r~~tricting the right of assembly.
It would hinge on a judgment a,s to what in fact Ts~~ailinfringement of right of
assembly. Other than that, he 'said it would appear that refusing to grant a
liquor license w0l-ld/be~dealing in the area of what can be done in assembly,
rights and privileges of individuals when assembled, and whether that is of con-
stitutional violation is not known. With regard to grantinga'liquor license,
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Mr. Williams noted court decision~.sta, ti~ng that ~.'t is below the Lev~. Onf _ State
action needed to bring the first amSiidiiient-lnto_play. . ~ '
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Mrs. Anderson said that more recent decisions handed iow.n have held that a license
may be refused on the basis of discrimination. She added that Oregon liquor
licenses are issued on a quota basis and issuance of licenses to private clubs
takes away from the public sector in the sense that there are fewer licenses
which can ,be issued to public accommodations. She noted that the City does not
hesitate to deny contractual arrangements with groups practicing discrimination.
Wi th regard to inclusion of sex and religion as well as race in,the-affidavi t,
Mrs. Anderson called attention to the provisions of the Code and State laws,=go-yer~
ing public accommodations and maintained that when private clubs serve the pubii~~
they should be governed by these laws. The Commission felt a more solid case
could be built to end discrimination if full force q~f the affidavit were centered
on racial bias rather than broadening the opp6;i~on by inclusion of sex ana re-
ligion.
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Mayor Andersonpoi11ted--';;~legislation currently under cO!lsideration (S .B.475
and S.B.6) which would give the local governing bOdy authori-fY'to deny liquor
licenses. As it is now the Council can only make recommendations which the
LiqHor Commission does not have to take i~to consideration. So it wou~d seem
that efforts should be directe'd toward passage _o:E~tnis legislation rathet:' than
going through the affidavit process knowing that the Liquor Commission will dis-
regard recg.IrlJTlend~ons. Mrs. Anderson rel?l:f:ed that a~~~it;i!~te~nt by the
Council aft;inst discri!!Jination-.....wj.l;J>i-nefi;'ctcnange the law. That is what the
~n is working for at this time. ~
Mr. Murray moved seconded by Mrs. Beal to adopt the concept of non-discriminatory
affidavit in recommending the granting of a new or renewal of liquor licenses
and instruct the City Attorney to prepare an affidavLt=prQcedure for Council
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In making the motion Councilman Murray ~Jfpressed strong~opposit-Jon,A;o- any form
of racial di~c.rimination and sa,idhe would not personally co-operate by voting
I in favor -Of gratit~ng~ige~~es ~o those organizations having discriminatory policies.
~. Mrs. Campbell referred to the previous affidavit form presented by the Commission
and its inclusion of both private and public concerns. Mr. Murray said his motion
did not drop the public sector; it included both.
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Councilman Williams ,did not feel the issue of discrimination on the basis of sex
and religion w~atisfactorilY dealt with. He maintained that if the Code in-
cludes sex and religion, they should also be included in any further action of
the Council. He moved seconded by Mr. McDonald to amend the motion to include
sex and religion as grounds for discrimination as well as on the basis of race.
Councilman 'McDonald said he would not vote on the issue because of his membership
in a fraternal organization which could constitute conflict of interest. In answer
'to Mrs. 'Beal, Mayor Anderson 'ruled that> Councilman McDonald's second to the motion
would stand regardless of any conflict. Mrs. Beal did not favor the amendment,
saying she saw it as a gambit to defeat the proposal.
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ICouncilman Hershner also declined to vote on the basis of conflict because of ~ember-
:Ship in a fraternal organization. Mayor Anderson noted Council policy that indi-
vidual Council members should determine whether there is conflict and they are
free to consult with the City Attorney in questionable cases. The only question
~t:he Mayor saw was that one's position could be challenged because of conflict.
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iCouncilman Keller asked if "religion" was pointed toward the Knights of Columbus,
and Mrs. Anderson answered that it was a private club. She agreed that it raised
a difficult question. William Wolfe stated that he was a member of the Elks and
also a member of the Human Rights Commission and had found no conflict in belong-
ing to both. Bob Edwards, Commission member, commented on the Comrndssion's reasons
'for excluding other than race from the affidavit. He said they felt outright
discrimination because of race could be attacked first then more subtle types
settled later.
Councilman Williams felt that basing the affidavit upon race would be a moral state-
:ment only and would not influence in any way the equal treatment desired. He re-
peated his 90ntention that the affidavit if adopted should be based upon race, sex,
and religion.
Mayor Anderson 'emphasized that discriminatory practices should be faced on the
basis of priority and that the real problem here is racial discrimination. Reli-
gious and sex discrimination are not critical at this time.
Councilman Hershner felt there should be some distinction between membership in a
private club and the serving of minorities so far as premises are concerned. He
said perhaps what should be sought is the elimination of discrimination in refus-
ing to serve minorities brought to private clubs as guests rather than that of
joining together in memberShip itself. Some discussion followed with regard to
;public accommodations vs private membership, privilege of State licensing of
. private clubs wherein a profit is made, and irr~levancy of religion to this
particular issue.
Vote was taken on the amendment as stated. Motion defeated, Councilman Williams
voting aye; Councilmen Beal, Campbell ,Keller, Murray, and Wood voting no; Council-
men McDonald and Hershner abstaining.
~ Vote was taken on the main motion as stated. Motion carried, Councilmen Beal,
Campbell, Keller, Murray, and Wood voting aye; Councilman Williams voting no;
'and Councilmen McDonald and Hershner abstaining.
E. Room Tax Allocation Committee Report - Copies of the report were prevlousJ,.y
distributed to Council members. It recommenaed:
A.
B.
I, ' C.
D.
I E.
F.
Young Artists Competition
Summe~ Workshop and Music Festival - University of Oregon
Heinrich Schutz Festival - University of Oregon School of Music
Committee for Community Ima~es - Requested $2500
Artist in Residence, Parks & Recreation - R~quested $5,017
Roll On Skating Rink - Requested $28,750 for feasibility study
$ 200
2,500
2,500
Tabled
Postponed
Postponed
Further action on Items D, E, and F is expected at the April meeting.
At the request of Councilwoman Beal, it was agreed the report would be acted upon
to give indication whether allocation was approved for the Heinrich Schutz Festival
for the University School of Music, with the understanding action would not be
official until the April 23, 1973 Council meeting.
Mrs. Beal moved seconded by Mr. Williams to accept the report of the Room Tax
Allocation Committee. Motion carried unanimously.
F. Hearing Panel Report, April 16, 1973, for Council consideration of
recommendation to levy assessments as proposed. No written protests were
received and no requests to be heard.
G.. Legislation, Amendment to Federal Aid Highway Act - Council support was re-
quested for Congressman Glenn Anderson's amendment to the Federal Aid Highway
Act of 1973 which would allow $700 million in urban system funds from the
Highway Trust ,Fund to be used for either bus or rail capital programs.
Mr. Williams moved seconded by Mrs. Beal to support the Anderson amendment.
Motion carried unanimously'.
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H. Transfer Jail Operation, City to County - Assistant Manager explained agreement at
staff level on. transfer of jail operation from Ci ty to Lane County, as set forth
in memo previously distributed to Council members. He said County Commissio~ers
and County Budget Committee favor having supervision of the jail because the County
pays the larger portion of operating costs. And Sheriff Burks feels its super vi _
sion is his legal responsibility. The agreement for transfer was based on the
recommendation that (1) the present 50/50 sharing of capital costs continue;
.J...?L~h~ pr..esent c1assifict'.ti:J]'1 of p::isoners as "city" or "county" continue;
. '
Comm
4/11/73
Approve
Comm
4/11/73
Approve
Comm
4/11/73
Approve
Comm
4/11/73
Approve
,1.,
4/30/73 - 7
;--(j}- a .-reasonabl.e per. "ilieiii- fee-~be 'esfiibl-ish-ed rather- than continuing the present
prorating of costs on annual prisoner population because of fluctuation in number
of City prisoners; and (4) each agency continue paying medical costs for its own
prisoners.
.-
Police Chief Allen and Sheriff Burks both expressed approval of the proposal. The
. Sheriff added that County is prepared to budget for continuation of the oorrections
program at the.jail.
Councilman Williams asked whether the goal of c~ating a public advisory co~ttee I
would be pursued by the county. Police Chief answered that that goal was not met
because of difficulty in determining proper makeup of such a group. Further, an
advisory committee was appointed by Lane Council of Governments which is considered
the primary source of citizen input although there are still problems in determin-
ing that committee's role. She~iff Burks added that he would have no objections
to the concept of an advisory group in operation of the jail; certainly a great
deal of citizen :input will be required should a new facility be constructed.
Councilwoman Beal inquired about transfer of City employes' benefits and whether
,there would be a posi tion wi th the Ci ty should the employes not be satisfied under
County supervision. Assistant Manager explained that presen~~ersonnelat the jail
consist of correctional officers Q there are n~ so the jail woulcib-e- ,the-
'dnly place for employment. County has given assurance that reasonable time will ~',
Jbe allowed to determine satiSfactory performance of personnel. Transfer of retire-
,ment rights and other benefits are covered by statute, and Sheriff Burks said com-
'pliance would be ensured.
-'
'-
Councilman-Hershner il1guiredabout the perpetuatio.n of the 50/50 basis for capi tal
funding.' Manager ......said that under the present contract between the Ci ty and the
County eith~r party has the right to buy the other's interest at appra:j.sed~prlbe_____ _.
and acquire full ownership, but at this time it doesn't appear either is interested.
1
,I Councilwoman Campbell asked Sheriff Burks what part the City would play in funding
,a new facility. Mayor Anderson brought the discussion back to transfer of the
operation itself, saying any decision on funding anew facility would be a deci-
,'Jion of the Commissioners -and the Council.
Mrs. Beal moved seconded by Mr. Williams to authorize preparation of agreement
covering transfer of the jail operation from the City to Lane County. Motion
carried unanimously.
, Comm
I
4/1S/73
Approve
-
Mayor reported a call from District Attorney Pav Horton re'ql:lest':t~his state-
ment -be entere&':in-to-:::the r,eeord-.- -t't?-c.'tt:edthe trend toward correctional insti- I
tutions rather than penal'institut~ons. He endorsed the proposed City/County
transfer keeping_i~ mind the present corrections system::dn Lane County .
I. Health Care poii;i--:::: Clty/county Jail':' Copies 'of policy statement were pre;~SlY ,_
furnished Council members with regard to medical care of prisoners at the City/
County jail. The statement has been adopted by County Commissioners. Council was
,asked to adopt the same sta.tement to clarify obligations of both the Ci ty and
County in this respect.
Mr. Williams moved seconded by Mr. Wood to adopt the statement as presented. Motion
carried unanimously.
Comm
4/1S/73
Approve
J. Appeal, Edgewood West III - Planning Commission gave approval to the first of five
phases of Breeden Bros. Edgewood West III planned unit development. Appeal to the
Council was based on desire for approval of all five phases rather than just the
first. Applicant believes proper decisions cannot be made on the first phase un-
11ess it is known that the entire development will be approved.
:Mrs. Beal moved seconded by Mr. Williams to schedule public hearing on the ap~al
,at the May 14, 1973 Council meeting. Motion carried unanimously.
~ K. J PlI~ahase Mathers Property - Manager reported impasse in negotiations on purchase,
. \ of);he Don D. and Jimi Mathers property. City offered to buy for $27,000; Mathers
~ofrered to sell for $36,000. City Attorney has reviewed the City's position on
value and expressed the opinion that it is valid, and that City probably should
proceed to condemnation to resolve the issue. Further legal opinion will be pre-
pared for Council consideration at the April 23 Council meeting.
I Comm
4A'lS/73
Approve
,
Mr. Williams moved. seconded by Mr. Wood to authorize condemnation proceedings on
the Mathers property. Motion carried, all councilmen present voting aye, except
Mrs. Bea.~ voti,lg "n,
Comm
4/1S/73
Approve
\ "Le
4/30/73 -'~,S
.
Manager reported that agreement on price was reached with the Mathers on purchase
of their property. However, legal assurances requested by the Council have not
be received. No action was recommended until these assurances are available.
In answer to Mrs. Campbell, Manager said the property has not been purchased
and will not be until Council has an opportunity to consider legal issues.
J ,
L. I Public Works Improvement projects - Council was previously furnished wi th copies of
'memo from Public Works Department listing arterial improvements for Council initia-
tion to allow bidding and public hearing on the projects. Streets included were:
A. Norkenzie, Cal Young to Belt Line - 44' paving w/sidewalks
B. Oakway Road, Oakmont to Cal Young - 44' paving
C. West Amazon Drive, Snell to Martin - 36' paving
,D. Martin, West Amazon Drive to Center Way - 36' paving
:E. Polk, Railroad Boulevard to north of Polk Court - 36' paving
, Nanager explained funding, partially from bond issue approved in November 1972,
b~Uance to be assessed against abutting properties. Result of,poll of property
; owners showing those for and against the projects was included, in the memo.
-
, Councilman Murray wondered about the large percentage of property owners not re-
'sponding to the poll on the Norkenzie Road and West Amazon Drive projects, and why
: Echo Hollow Road project was not on the list. There was no explanation for the
, type of response other than with regard to Norkenzie Road, the City has been pur-
: chasing right-of-way for that project for some time a}'~4Jt. is. felt property owners
alongdthat street ;re aw~;e that the project~ill:g; ahea'd. ItfNaSe~~l'ained
that the Echo Hollow project has already been initiated and bids called with
public hearing scheduled for the April 23 COuncil me~ting.
I '
,
!Mr~ Williams moved seconded by Mrs. Beal to authorize staff to proceed with design
:of projects listed, but that work does not commence until a 'decision is reached on
th~ Echo Hollow project.
, :::r~ making the motion Mr. Williams explained that he did not feel there was any
!point in proceeding on these projects in view of the opposition until a decision
is made on Echo Hollow. Manager wasn't convinced the projects under consideration
; should be decided as one issue because of different factors - p~blic acceptance of
: the Norkenzie project is much greater than it would appear, opposi tion on the Oak- ,
'way project to a great extent is because of assessing for street. paving on both
, sides of corner lots. Public Works Director informed the Council that in all
: probability ~hey will be asked to authorize condemnation on four properties for
: Norkenzie right-of-way, referring to the 24% opposing the project in the poll.
;Mr. Williams felt the fundamental issue was whether to inflict cost of street con-
istruction for the good of the entire community upon owners of property abutting
I those streets who do not want the improvement. He felt when the Echo Hollow deci-
sion is made, an answer about whether to continue on these projects would become
clearer.
le
: Vote was taken on the motion as stated. Motion carried, Councilmen Williams,
'Hershner, Wood, and Mqyor Anderson voting aye; Counci lmen Beal, Campbell, and
Murray ~C?!ing no . ""'-,., ,,_______
Comm
, 4/18/73
Approve"
Allen Whitting~on, 585 Oakway Road, said he was not opposed to widening Oakway
Road but he did object to the ,curb design and allowance for bicycle path and
removal of parking. He fe~t bicycles should be behind the ~urb, separated from
auto traffic. He also suggested use of revenues from bicycle'licenses to offset
some of,the cost of arterial street.improvements, thereby lessening the cost 'for
arterials borne by abutting properties. , Mr. Whittington thought':the 't'raffic frbm'
Oakway 'toCoburg should be carried on a merging lane rather than stopping,
thereby preventing conflict with pedestrians and bicycles. Manager noted that
abutting propertiE?s will not' be assessed for the width to accommodate bicycles
on Oakway Road. And Mrs. Beal called attention to the",,9:tudy on assessment
policy now underway .~.. '.
M.
Legislation .
1. Response Time re: City Position - Copies of memo from Jim Luce, legislative
analyst, were previously distributed to Council members. Mr. Luce pointed out
the problem of not being'able to state the City's position on legislation in
hearings because of Council's recent resolution requiring its approval of
statements on behalf of the City. Time does not allow participating at hear-
ings in Salem because of delay in getting to the Council for discussion. It
was suggested a Council subcommittee could meet weekly, possibly on Monday
afternoons when copies of bills arrive, and give a tentative position subject
to later Council approval or veto. The League of Oregon Cities looks to
Eugene as a leading ci ty invol ved in the legislati ve process in Salem and in
this session the city has not been able to fulfill that role.
e
\l.~
4/30/73 - 9
" .- -
Councilman Williams recognized the need for more quickly considering legisla-
tion and stating a position, at the same time still supporting the intent of
the Council's resolution asking Council approval before statements are made in
the City's name. He moved seconded by Mrs. Bea1 that the Mayor appoint a
Council subcommittee to review legislation and authorize that subcommittee
to state a City position to be reported to the full Council; if any two members
object in writing to the position taken, that position would be held until
formal Council consideration; if no protests are rendered wi thin 48 hours,
the position can be construed as that of the City.
.
'--
Councilwoman Bea1 expressed her approval of the proposed procedure. Council-
man Wood felt it would defeat the purpose of the resolution requiring prior
Council approval of statements made oni ts-beha1f, and that it would 1i~t con-
sideration of legislation to just a. few members' of th~ Council. He felt limita-
tions on Council members' time would prevent proper consideration by all Council
members. Mayor Anderson explained that many of the bills are of a mundane
nature and could be handled by ~ subcommittee. However, any major piece of
legiSlation he was sure would not be passed on until discussion by the full
Council. He cited the land use bill as one upon which Eugene could have had
. more voice if a position could have been taken more speedily. He favored use
of a subcOmm~ttee' to act with greater speed and to take care of routine legisla-
tion, saying alternative procedure could be worked out if this is not successful.
Councilwoman Campbell wondered about the suggestion in Mr. Luce's memo with re-
gard to the proposed subcommittee's doing some of the lobbying in ,Salem. She
favored shifting some of that responsibility to the staff because she felt only
one or two Council members would be able to respond. Others felt appearance
: and statements of elected officials would have rrore impact in the Legislature.
Mr. Luce noted that the League of Oregon Cities in many instances has been
handling the lobbying, if a posi tion has been taken by the Ci ty. However, un,der
present procedure any effect Eugene may have had upon legislation has been non-
existent. Mr. Wood in clarification of his protest said his reservations were
also that only one or two Council members would have the time to devote to
this task.
.
Vote was takel.1 on the, motion as stated. Motion carried unanimously.
Comm
4/18/73
Approve
- .' .._, .,. ,- "."
Mayor Anderson appointed Councilwoman Beal to chair the subcommittee and COuncil-
men Williams and Wood as the other two members. It was understood the sUbOom-
'mittee would meet late each Monday afternoon to consider bills before the Legis-
lature at that time.
N.
S .B.15 - Requires that all meetings of governing bodies of public bodies be open'
to the public
Bill has passed the Senate, now in House:oommittee. Amended to delete the exception
pertaining to public bodies' meeting with counsel. Staff feels there are times
when that privilege of privacy is very essential, and would like to oppose the
amendment. Support of the bill otherwise was recommended.
.
Councilman Williams wondered about the Council's legal position with regard to
any action taken in a private meeting. Consensus was that occasions when it is
felt essential to meet with City Attorney without public knowledge would be in
the nature of meetings between an attorney and his client and confidential. In-
formation from such meetings could prejudice the City's position.
Mr. Williams moved seconded by Mrs. Bea1 to support reinstatement of the exception 'b
to S.B.15 which would allow private sessions between a governing body and its
..- .- - i _._-
counsel, and to support the bill itself if not amended to delete that exception.
Motion carried unanimously.
, .lComm
4/18/73
Approve
o.
, S.B.826 - Creates Planning Districts, Councils of Governments
Memos from Lane Council of Governments and copies of the bill
vious~y forwarded to Council members.
itself were pre-
Mr. Williams IOOved seconded by Mrs. Bea1 to support S.B. 826. Motion carried,
all councilmen present voting aye, except Councilwoman Campbell abstaining.
Comm
4/18/73
Approve
P.
Council Chamber Remodeling - Manager showed sketches of suggestions for r~mode1ing
the Council Chamber in line with memo previously distributed to Council members.
The remodeling would provide a different seating arrangement for Council, office
space, canopied entrance on the south side, and wheelchair ramp on the north side.
Modification of the existing Council table to allow better communication between
Council members themselves was estimated to cost $7,200. provision of offices
in the two south corners of the Ch~~ber, a canopy over the south entrance to the
.
I'~o
4/30/73 - 10
-
.
--
.
'\
Chamber, and a ramp at the north entrance to provide access to the Chamber for
, people having to use wheelchairs were estimated at $17,000. Addition of $6,700
for fees and contingencies would make the total remodeling work amount to about
$30,000. At the Mayor's suggestion; possibility of dropping the dais and sloping
the audience floor was explored, and a cost of $8,500 estimated for that arrangement.
There was general agreement that the office space could be used by others when not
used by Council members and could be justified, as well as the ramp. However~ the
expense of reconstructing the Council table and covering the sou~h entrance d~d not
meet approval. Councilwoman Bea1 wondered whether a less expens~ve arrangement
could be found to alter the Counc41's present seating arrangement. There ~as
further discussion with regard to possible change in the present type of m~cro-
phones and provision of more microphones for the audience, insta11at~on of a
signal system from Council to Mayor and to record votes, and suggest~ons from
news media for unifonn lighting and prqvi<sion for connection to the sound ~ystem.
Mayor Anderson suggested proceeding with combination office space and meet~ng rooms
in the two south corners of the Chamber, and perhaps consideration of the balance
of the remodeling at another meeting.
Mr. Wood moved seconded by Mr. Williams to authorize staff to pr~ceed on provision
of office space as suggested as well as construction of whee1cha~r ramp to the
, north entrance to the Chamber. Motion carried unanimously.
Cornm
4/18/73
Approve
Q. Liquor Licenses - PB
PB
DB
New Deli, 365 Coburg Road New outlet
7~11 Store, 2777 Friendly Changing partner
Ming's 44 East 7th - Change of location,
Greater privilege
Laurelwood, 2700 Columbia - Renewal
Apprqye
RMBB
Manager called attention to request for recommendation on
renewal, for the Laurelwood, added to the Council agenda.
woman Campbell, Manager explained that the license allows
pro shop.
RMBB liquor license
In aswer to Council-
sale of beer at the
R. EWEB Property Transactions
1. Quitclaim Easement - Agri-Pac, parallel and south of 1st east
of Wallis
2. Sale to ERA - Steam plant between 8th and Broadway, Willamette
and Olive
----~--.. - -,"'"
Approve
S. Purchase Right-of-way - Thomas and Colleen Jones, 1835 Norkenzei - $335
AppY;'ove
T. Road Alignment, Alton Baker Park - Planning COmmission on March 26, 1973 reconunended
transmittal of the following statement to the Lane County Commissioners:
During the duration of the conditional use permit or until such time
as a permanent road alignment, within the don text of the Alton Baker
Park Plan, can be brought before the public, it is recommended that
the landfill operation be serviced by the relocation of Lay Island Road
farther south of its present east/west location, running parallel to the
River, curving in a northerly direction prior to passing under I-5, run-
ning then parallel to the Freeway until such point as it intersects the
existing Day Island Road, then passing under I-5 on the existing roadway,
thereby leaving intact the natural, wooded waterfront area to the east
of I-5.
Council toured the area of the proposed .,[bada1ignment. Paul Beiste1, director of
County Parks and Recreation, pointed out the former route proposed and that recom-
mended by the Planning Commission. His understanding was that the recommended
route would pass under I-5 south of the present Day Island roadway. Mr. Pearson
corrected that statement, saying that the Commission felt the proposed road was
for temporary access to the landfill area, therefore they recommended its turning
north from the riverbank area to pass under I-5 on Day Island Road's present loca-
tion. The Commission recognized the need for access to the area but did not
favor a through route.
, Mr. Beistel explained that the County Commissioners at this time are involved only
with making a decision on the Master Plan and land uses of the Park. No action
will be taken until all agencies involved have reviewed the plan. In answer to
Manager's question with regard to the landfill operation and time element in de-
termining road alignment, Mr. Beistel commented that any delay in policy decision
,_~ffects af~tual construction anc!_~r~a.Ees,,~~effi~i_encif!:s in the total planning: '
\ ~\
4/30/73 - 11
-- with" regard to the questIon of locating "both 'the road 'and a proposedwatez'Way
on the present Day Island Road route, Mr. Beistel felt it would be difficult in
view of the planned 35-foot width of the waterway and width necessary for a two-
lane road.
.-
Councilman Williams asked whether the proposed road could be eliminated. Mr.Beiste1
commented on the projected use of the Park and the anticipated traffic flow to and
from Autzen Stadium making an alternate route out of the area necessary. In answer
to Counci~man Murray, Mr. Beiste1 explained the proposed uses of different areas of
the Park and proposed access and provisions for automobile parking. Mayor Anderson
said the amount of space. devoted to parking seemed out of scale wi th the type of
park desired. He thought the density of park use should determine the amount of
automobile parking to be provided. Also that ai tern ate modes of transportation
should be considered. Councilman Wood suggested the use of a scenic tour train
with turn-arounds at Autzen Stadium and the west end of the Park. Mr. Beiste1
said that had been considered but determined impractical in view of the projections
of vast numbers of people who would be using them. It could be used as one mode
of transportation; transit system will be another. Use of regional parks such as
Alton Baker Park demands automobile storage, and he felt it wise to recognize the
scale of the problem. In answer to Councilwoman Bea1, Mr. Beiste1 pointed out
proposed pedestrian paths and explained planned Construction which will remove con-
flict between biCYCle and pedestrian traffic.
Mr. williams moved seconded by Mr. Wood to transmit to the Lane County Commissioners
the recommended statement, adding the .statement that the Council seriously questions
the desirability of bisecting the Park with a road ahd urging that it be eliminated
if possible so that no relocation is necessary.
.
MIs. Bea1 asked that the COmmissioners also be asked to consider the amount of
space tentatively reserved for parking and determine whether that much is necessary.
Manager commented that it could be suggested to the Commissioners that the actual
construction of such a roadway should not be accomplished prior to final decision
on whether there is to be a road in that location; if a temporary roadway is neces-
sary prior to final decision, then follow the Planning Commission's recommendation.
Hr. Williams agreed that was the intent of his lOOtion. COuncilman Wood suggested
that if the road was for access to the landfill only, it could terminate at the
underpass on the east side of I-5, and access could be provided to the landfili
from the west.
Mayor Anderson questioned the need for a through route for relief of heavy
traffic to and from Autzen Stadium only six times a year. He felt the time taken
on those occasions was a worthwhile trade-off for preservation of the Park area
in a natural state. Mr. Williams said he would rather see Centennial widened
than two lanes through the Park.
Ed Smith, City parks director, hoped before a firm decision was made with regard
to road alignment there would be an opportunity to explain land uses involved.
He felt a decision on road alignment alone without consideration of the total
Park plan and uses would not be proper.
-e
Councilman Williams declined addition of Councilwoman Beal's suggestion that
the motion include County consideration of amount of parking space to be pro-
vided in the Park, saying he felt it was an issue separate from that of road
alignment.
Vote was taken on the motion as stated. Motion carried unanimously.
Comm
4/25/73
Approve I
I
Council Minutes MarcD 12, 1973 -,As circulated
~. ,- -"---'-__'___'r _____... .' .
AppOintment Human Rights Commission - Mayor Anderson announced the appointment
of Donald Low, 211 Woodland Drive, Springfield, personnel director for Eugene .
Register-Guard, as a member of the Human Rights Commission ~ Mr. Low will serve:
for the three-year term ending January 1, 1976.
Approve
Comm
4/11/73
Affirm
u.
v.
w.
Committee, Mall Space Rental - Councilwoman Bea1 presented the Nation's Cities
article "We Can Bring Our Dull-Dead Malls To Life" referred to in're1ationto
,creation of a committee to consider the possibility of renting space for com-
mercial activities in the downtown mall. It was understood that copies would
'be made for distribution to other Council members.
Comm
4/11/73
Affirm
'.
x.
Reschedule Council meeting, May 28; 19J3'- Because Memorial Day, a legal
ho~y, falls on May 28, 'the regular Counci~ meeting date, Council rescheduled
that)neeting for Tuesday, May 29.
Affirm
.,,-\-
, '32..
4/30/73 - 12
r
Distribution '
1':" Pubi'ic W~-rks memo,d-crt;edA:p~ii lEf, ] g73 re: Pa'Virig,'sid~walks and storm
, ~~wers' ori: ~~ho'H6116~ Road
2. Memo from Pal'ks',;r:e,:~~ Fee increase at Laurelwood
3. Proposed Bylaw Redraft re: Agenda problems for officials
'-meetings t 13
Y.
'..-
j Appointments, Boards and Commissions - Mayor Anderson announced appointment
Bonnie Speilberg (Mrs. C.T.), 2386 Brittany Drive, as a member of the Human
: Rights Commission for the balance of the term ending January 1, 1976; and
Arthur W. Jarr, 2752 Malibu Way, as a member of the Airport Commission for
: term ending Janu~ry 1, 1977.
._,-~ -. ~ '-"
of
.
the
z. Conflict of Interest - Councilman Murray took issue with letter recently re-
ceived from Archie Weinstein, Eugene Surplus Sales Store, 666 Willamette Street,
reflecting his opinion that there was conflict of interest on part of Council
members in its action on calling an election on the auditorium center, and
I especially Councilwoman Campbell as the City's liaison with the Lane County
: Auditorium Association. Mr. Murray said however that it did raise the question
, and he wondered if some guidelines could be made available. He felt Council
members might be restricting their actions too much in this area.
Mayor Anderson felt that whether there is conflict is a matter of personl con-
science. The City Attorney can be consulted for assistance. The Mayor sug-
gested that the Attorney's office could explain at some future meeting what is
involved in this area. Manager explained that Mr. Weinstein's letter had been
referred to the City Attorney for opinion as to whether there is any legal
conflict. The question of any philosophical conflict would be more difficult
and one which calls for individual decision. It was understood legal guide-
lines would be made available for Council members.
- ..1..' __
-
'A.A.
!Lane County Auditorium Association - Councilwoman Campbell wanted the record to
,show that she was not a member of the Lane County Auditorium Association until I
issued an invitation about a month ago, this in connection with recent considera-I"
tion of calling an election for the purpose of deciding whether an auditorium
center would be constructed. She has however been the City's representative,
,but in that capacity does not have a vote. Mayor Anderson confirmed the very
effective liaison with the Association provided by'Mrs. Campbell as a member
of the Council.
"'-
.. ..
BB~ Correspondence
1. Memo dated Ap:ril 2, 1973 from Traffic Engineer regarding increased rates
for parking in the Overpark.
2. Memo dated April 5, 1973 re: Joint staff agreement between City and County
on transferring operation of the jail to the County. Now under considera-
tion by County Commissioners and will be brought back for Council discussion
on a future committee agenda.
e
3. Announcement that Eugene Finance Department earned a Certificate of Con-
formance awarded by the Municipal Finance Officers Association, a national
organization, for quality of the City's audit report. The audit was the
first prepared by the City's staff, reviewed and approved by Lybrand, Ross
Bros. & Montgomery, earning an award given to only two other Oregon govern-
mental units - Lane County and Eugene Water & Electric Board. Sherman
Flogstad, finance director, and Maurice Mitchell, ass.istant finance director,
were commended for the quality of work performed.
.. "
4. Letter dated April 4, 1973 from the Federal Aviation Administratian infarming
that Mahlon Sweet Field has met security standards for both police and fire
protection. Call was also received from the person, in charge of. ,the FAA
certification program commending Robert Shelby, airpart manager, for his
marvelous co-operation and praductive efforts.
CC. ~ Property Tax/School Financing LegiSlation - Annauncement was made of Governar
,Tom McCall's first appearance in Eugene in support ot his tax refarm pragram to
I be voted upon May 1, 1973. The Governor will speak at an .open meeting sponsared '
,by the Metro Civic Club on Wednesday, April 18, at 8:00 p.m. at the Thunderbird \
~Mbtel. Dinner precedes the meeting and anyane interested was asked ta call
, Mary Milhaupt of the Metro Club. Councilman Waad called attention to an infarma-
~ ti,!.n center now .open to answer questions about the tax plan. : :
..
DD. Mall Rental Committee - Councilman Murray expressed the hope that a committee
; would soon be appointed to bring back a recammendation on possible rental of
1 mall space forcommercial activities, in,line with the Nation's Cities article
recently 'distributed. Mayor Anderson said he intended to appoint the cOmnUttee
as suggested by Council, also inviting participation by others who might con-
tribute ideas.
~--'__n_~.._ '_H .___ "___
EE. '
-~..,~_. '~"'_-'""_- --O--~!, __~_
4/30/73
Cornm
4/1$/73
Affirm
Comm
4/18/73
Affirm
Cornm
4/11/73
File
Comm
4/11/73
." F'ile
Cornm
4/11/73
File
Cornm
4/18/73
File
13
Mrs. Beal moved seconded by Mr. Williams that District Attorney Horton's statement
be made a part of the record and that Items A through EE, except K be approved,
,affirmed, and filed as noted. (No action was taken on Item K) Rollcall vote. ~
All councilmen present voting aye, motion carried. .;,
III Ordinanc es-'
_ ____. _._,__'_'_'_"__~ "____-. _"y___.____.__~___..______T.__.
. -----....------.----...-... -
Council Bill No. 180 - Levyi~g assessments for sidewalk on west side of
Coburg Road to Oakway Road was read the first time on March 27, 1973 and
referred to April 16, 1973 Panel hearing, brought back for levy of assessments
as proposed and read the second time by council, bill number only, no council-
man pres~nt requesting that it be read in ~ull. '
Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given
final passage. Rollc,all vote. ::Ali:.G'ound_;lmen: pr~sent- 'Voting aye, th:e bill
was__ declared passed and numbered 16756. '- ,- .
Council Bill No. 209 - Levying asses~ments for paving, sanitary and
storm sewers within Somerset Hills Subdivision and 160 feet adjacent to
said subdivision; pedestrian ways as required within Somerset Hills Subdi~~_~
vision was read the first time on March 27, 1973 and referred to April 16,
1973 Panel hearing, brought back for levy of assessments as proposed and
read the second time by council bill number only, no councilman present
requesting that it be read in full.
Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given
final passage. Rollcall vote. All councilmen present voting aye, the bill
was declared passed and numbered 16757.
Coune.il Bill No. 210 - Levying assessments for paving, sanitary and
storm sewers within Summit Side Park Subdivision was read'the first time
on March 27, 1973 and referred to April 16, 1973 Panel hearing, brought
back for level of assessments as proposed'and read the second time by
council bill number only, no councilman present requesting that it be read
in full.
e
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 i?assed and numbered 16758.
Council Bill No. 211 - Levying assessments for paving alley between
Willamette'Street and Oak Street from 15th Avenue to 16th Avenue was read
the first time on March 27, 1973 and referred to April 16, 1973 Panel Hear-
ing, brought back for levy of assessments as proposed and read the second
time by council bill number only, no councilman present requesting that it
be read in full.
--
Mrs. Beal moved seconded by Mr. Williams that the bill be approved and
given final passage. Rollcall. vote. All councilmen present voting aye,
the bill was declared passed and numbered 16759.
Council Bill No.';z2.5 - Levying assessments for sidewalk on west side
Cheryl Street between Bdnnie View Drive and erescent Avenue adjacent to'Lots
1, 12, and 13, Block 1, Lakecrest Park Subdivision was submitted and read the
firs:t time by council: ,bill. rrumb~r_~and:title. smly" there bein,g no~.c011ncilman
present requesting that it be read in full..
Mrs. Beal,moved seconded by Mr. Williams that the bill be referred to May 21,
1973 Hearlng Panel a:n'ctl.:'?'brought back for consideration of Panel recommendations
on May 29, 1973 . 'Motion carried unanimously. '
Council Bill No. 226 - Levying assessments for sanitary sewer between
9th Avenue and 11th Avenue from McKinley Street to City View Street was
submitted dnd read the' first time by council bill number ap.d:" tit'le:'9rily~ th'ere
being n.o- gouncilman pr~s~:qt re'q~~e.s.tingth~t~i.tJe~i~ad-in ful1~ -, - ,'- - "
Mrs. Beal moved seconded by Mr. Williams that;the bill be referred to May 21,
1973 Hearing Panel and brought back for consideratiun of Panel recommenda-
tions on May 29, 1973. Motion carried unanimously.
*Council Bi~l No. 227 - Calling City Electipn May, 24, 1973 re: Charter
Amendment for Auditorium Center was submi~tted 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.
.
*See discussion on page 17.
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4/30/73 - 14
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Mrs. Beal moved seconded by Mrs. Campbell 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., All councilmen present voting aye
except Mr. Hershner abstaining, 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 except
Mr. Hershner abstaining, and the bill was declared passed and numbered
16760.
Council Bill No. 228 - Placing on May 24, 1973 City ballot an Advisory
Measure indicating preference on site for auditorium center - Downtown or
Alton Baker Park was submitted and read the first time by council bill number
and title only, there being no councilman presen~ requesting that it be read
in full. '
e
Mrs. Beal ,moved seconded by Mrs. Campbell 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. All councilmen present voting aye
except Mr. Hershner abstaining, and the bill was read the second time by
council bill number only.
Mrs. Bea~ moved seconded by Mr. Williams that the bill be approved and given
final passage. Rollcall vote. All councilmen present voting aye except
Mr. Hershner abstaining,- and the bill was declared passed and numbered 16761.
Council Bill No. 229 -Paving Norkenzie Road from Cal Young Road to Belt
Line Road was submitted and read the first time by counc,il bill number and
title only, there being no councilman present requesting that it be read in
full.
Mrs. Beal moved seconded by Mrs. Campbell that the bill be read the second
time by council bill number only, with unanimous consent of the Council, and
that en~ctment be considered:at this time. All cQuncilmen present voting aye
and the hill was read the second time by council billriumber only. .
e'
. .
Mrs. Beal moved~' seconded by Mr. Williams that the bill be approve-d and given
final passage. Rollcall ~ote. All councilmen pr~sent voting aye, and the
bill was declared passed and numbered 16762. '
Gouncil Bill No. 230 - Adopting plans and ,specifications was submitted
and read the first time by council bill number and title only, there being no
councilma,n present requesting that it be read in full.
Mis. Beal moved seconded by Mrs. Campbell that the bill be read the secon.d
time by council bill number only, with unanimous consent of the Council, and
that enactment be considered at this time. All councilmen present vo,ting aye,
and theqill 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 pr~sent voting aye, and the
bill was declared passed and numbered 16763. "
Council Bill No. 231 - Construction of sidewalk on :Norkenzie Road from
Cal Young Road to Belt Line Road was submitted and read the first time by
council bill number and t'i tIe only ,there being 'no councilman present requesting
that it be read in full.
.
Mrs. Beal moved seconded by Mrs. Campbell that the bill be. read the second
time -by council bill number only, with unanimous consent>:.iof the Council, and
that enactment be considered ,at this time. All counciTmen present voting aye,
and the' bill '^fas read ,the second time by c,ouncil billnurriber only.
Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given
final passage. Rollcall vote. All councilmen present ,voting aye, and the
bill was declared passed and I).umbered 1676~
Council Bill No. 232 - Paving Oakway Road from Oakmont Way to Cal Young
Road ,was submit,ted and read the f.irst t:ime by council bill number and title
only, there being no councilman present re.questing that it be read in full.
Mrs. Beal moved seconded by Mrs. Campbell that the bill be read the second
time by council bill number only, with unanimous consent of the Council, and
that enactment be iconsidered at this time. All councilmen present voting aye,
and: the bill was read the second time by council bill number' only.
4/30/7-3_ .:-.. ::1.5
'15
,-- -'.~h. ":~.
Mrs. Beal maved secanded by Mr. Williams that the bill be appraved arid given
final passage. Rallcall vate. All cauncilmen presentvating aye, and the ,bill
was declared passed and numbered 16765.
Cauncil Bill NO'. 233 - Adapting plans and specificatians was submitted and
read the first time by cauncil bill number and title anly, there being nat cauncil-~
man present requesting that it be read"in full.
Mrs. Beal maved seconded by Mrs. Campbell that'the bill be read the secand ,time'
by cauncil b111 number anly, with unanimaus cansent af the Cauncil, and that
enactment be cansidered at tbis time. All councilmen present vating aye, and the
bill was read the second time by cauncil bill r:umber anly.
Mrs. Beal maved secanded by Mr. Williams that the bill be appraved:and,given final
passage. Rallcall vate. ',All cauncilmen present vating aye, and 'the bill was
declared passed and numbered 16766.
Cauncil Bill NO'. 234 - Paving West Amazan Drive fram Snell Street to' Martin
Street was submitted and read the fi,rst time by cauncil bill number and title anly,
there being nO' cauncilman present requesting that it':;.be read iri f,ull. '
'.
Mrs. Beal maved secanded by Mrs. L:Campbell that the bill be read the secand time
by cauncil bill number anly", with unanimaus cansent af the Cauncil, and that
enactment be cansi'dered at this tlme . All cauncilmen present vating'aye, and the
bill was read the secand t'ime bycauncil bill:! number 'anly.
Mrs. Beal maved secanded by ~r. Williams that the bill be appraved and given final
passage. 'ij.allcall vate. All cauncilmen present vating aye, and the bill was
declare~ passed and numbered, 16767.
Cauncil Bill NO'. 235 - Adapting plans and specificatians was submitted and
read the first time blf cauncil bill number and title anly, there being nO' cauncil-
man present requ'esting that it be read in full.
Mrs. Beal maved secanded by Mrs. Campbell that 'the bill :be read the second time
by,cauncil bill number anly, with unanimaus cans'ent af the 'Caunc,il, and that,
enactment be cansidered at this time. All cauncilmen present vating aye, and the
bill wa's read the' secand time bycauncil bill number anly.
Mrs. Beal maved secanded by Mr. Williams that the bill be appraved and given final
passage. Rallcall vate. All cauncilmen present vating aye, and the bill was
declared passed and numbered 16768.
Cauncil Bill NO'. 236 - Paving Martin Street tram West Amazan Driv8,ta Center
Way was submitted and read the first time by cauncil bill number and~;title anly,
there being nO' cauncilman present' re'qu'e'sting that it: be read in full.' '.
Mrs. Beal niovedsecan'ded by Mrs. Campbell that t'he bill :be read the secand time',
by cauncil bill number anly, with unan'imaus cansent af the Caunc'il, and that
enactment be cansidered at this time. All cauncilmen present vating aye, and the
bill was read the 'secand time 'by cauncil bill number anly.
.
Mrs. Beal maved::: sec anded' by Mr. Williams that the bill be appraved ;and given final
passage. Rallcall vate. All cauncilmen present vating aye, and the bill was
declared passed arid numbered 16769.
Caunci:l Bill NO'. 237 - Adapting plans an'd ,specificat'ians was su:bini.tted and
read the first time by cauncil bill number and title anly,.there bein~ nO' cauncil-
man present requesting that ~ t be, read in full.
Mrs. B~eal maved secanded by Mrs. Campbell that the bill be -rea-d:.,t,he' secandtime by
cauncil bill' number anly, with unanimaus consent af the cauncil, and that enact-
ment be cansidered at this time. All cauncilmen present vating aye, and the bill
was read the secand time by cauncil hil~ ~umber,anly.
, ,
Mrs. Beal maved secanded by Mr. Williams that the bill be appraved and given final
passage. Rallca~l vate. All cauncilmen present vating aye, and the bill was r...",
declared passed qnd numbered 16770.
Cauncil Bill Na.' 238 - Paving Palk Street tram Railra'ad Baulevard to' narth af
Palk Caurt was submitted and read the ,first time by cauncil bill number and title
anly, there being nO' cauncilman p,resent requesting that it be read in full.
, ,
Mrs. Beal moved secanded by Mrs. Campbell that the bill be ,read 'the secand time
by cauncil bill number anly, ,with unanimauscansent af the, Cauncil" and that
enactment be cansidered at this time. All cauncilmen present va:ting aye, and 'the
bill was read the secand time by cauncill~~l:numher only. 4/30/73 _ 16
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Mrs. Beal'moyed s'econded by Mr. Williams ,that the bill be approved . and given
final passage. Rollcall vote.. , All ~ounci,lmenpr~s~nt voting aye,- and the bill
was declared ,passed and numbered 16771. ,
Council Bill Nb. 239 - Adopting plans and specifications was submitted
and read the finst time by council bill number and title only, there. being no
councilman present requesting that it be read in full.
Mrs. Beal moved seconded by Mrs.Campbell that the bill be read the sec:ond time
by .council bill number only, with unanimous consent of , the Council,a.nd that
enactment be considered at this time.. All councilmen present voting aye, 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, an~ the bill
was declared passed and numbered 16772.
Council Bill No. 240 - Placing on May 24, 1973 ballot a measure re:
Charter amendment on Co~ncil pay ~.was submitted and read th~ first time by
cuuncil bill number and title only, there being no councilman present requesting
that it be ,re~d in full. ' ,
Mrs. Beal moved seconded by Mrs. Campbe'll 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. All councilmen present voting aye,
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 votw. All councilmen present voting aye, and the
bill was-declared passed and numbered 16773.
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4/30/73 ~ 17
levy. They objected to the proposed increase of some $300,000 over the previous
year's levy in view of availibility of, revenue sharing funds, and the apparent
atti tude held by the Budget Committee to expand City government and its expendi--. ~,'
tures. Examples cited were the original position to support the highest recom~ .
mended range of pay for Council members and giving highest priority to a $275,000 . '
interest-free loan proposal forylow-rent housing on the rev:enue.s:na:r~ng, list.
, '
Councilman Hersh~er expressed agreement with the statement so far as reference to
the housing issue 'and pay for Council members. He did not altogether agree with
possible inference that revenue sharing funds'are,to offset property taxes only.,
He thought one of the' main purposes of revenue sharing funds was to enable cities
to take care. of needs they were unable to accQmplish because of lack of funds.
He didn't feel it was proper to ask voter approval of a leby outside the 610
limitation by some $2 million without knowing at this time how the revenue sharing
funds were going to be used. He said he would vote to place the levy on the
ballot because he felt that. before the May 24 election Budget Committ;,8,eaction
will designate use of revenue sharing funds so that the voters will know how the
levy will be spent. He recognized delay in the budget. process because of inclusion
for the first time of rev:enuesh~ring monies., '
Councilwoman Campbell' said she would like to hear the reaction of the Budget
Committee to the statement presented. She felt some problems may h~ve stemmed
from a desire for voter consideration of the budget levy on th~sameballot with
the auditorium issue. Councilwoman Beal regretted presentatiOn-'of the statement
at ,this. time, 'feeling any problems could have been worked out in either the Budget _
'Committee or a Coupcil work session. ...
Councilman Williams explained thafthis'was th~ first available opportunity to
present objections since Budget Committee action was taken. He"r;xpressed deep
concern about measures to appear on the May 24 ballot and said an ~ffort'had been
made to hold the matter at the Budget Committee level. Discussion followed with
regard to consideration of budget items in Budget Committee meetings. Mayor
Anderson asked whether opposition was to the total cOl1licept of pay for Council,
members or to amount recommended only. Mr. ,Williams answered that theyendoreeq
the concept of ,v.olunteerism in Council, serviGe ..as opposed to financial hardship, '
but Budget Committee discussion did not consider voluntary service and relative ,"'~'
compensation. Those making the statement feel strongly that,," servic eon the Council
should be voluntary without financial ,hardship. ,He added that these six members
of the Budget 'Committee did not agree with the 'majority decision and felt the '
only proper way to resolve the problem is ,to ask voterqonsideration.
Mayor Anderson asked if Couuncil would be willing to ask for consideration by the
Budget Committee,. He felt the proposal measures an unusaul departure from
normal expenditures and thought reconsider0tiDn might bring some resolution rather
that'taking measures to the votErs with a 'substantial minority of the Budget Com-
mittee opposed. ' ~
.
Councilwoman Beal said her impression of purpose of Federal government in making
revenue shraing funds available was not to reduce property taxes" rather to,"" '
strengthen city governments and pickup Federal programs being curtailed or
dropped. She felt if those funds are used only to offset property taxes, the
Federal government may not support revenue. sharing in the future.' She said she
didn't agree with the way the housing :f)rogram is to be implemented, 'but revenue
sharing'does provide a method of meeting local social needs. Councilman Williams
replied that the statement read does not argue that revenue sharing funds are to.:
be used to reduce property taxes. ,It does argue that submitting a proposal to
increase the property tax by some $300,000 is inapproporiate.
, I'
IV. Resolutions
Resolution No; 2168 - Authorizing Quitclaim Deed re: Easement parallel
and south of West 1st east of ,Wallis Street - Agril~Pac (EWEB) was submitted.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall
. VotB. All councilmen' present voting aye, motion carried.
--'-"'.~-------~-~._-~-;;._ - - - -. - - ~ '0 _ - .
~ '.-,Re~o:Lutiori. No :2169~~,. A].lthorlzing Bargain ,and Sal._~,J1eed' to Eugene_.~,
Renewal Agency on Stearn Plant beTwe-en 8th 'Ay~mie :arid Broadway ,"Oli ve and
Willamette (EWEB) was submitted.
:.'
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall
vote. All councilmen present voting aye, motion carried.
Resolution No. '2171 - Authorizing placing on May 24, 1973 ballot an
Advisory Measure indicating preference on site for auditorium ceeter - Down-
town or Alton Baker Park was submitted.
~
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4/30/73 -:- 18
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Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. All councilmen
present voting aye except Mr. Hershner abstaining.
Resolution No. 2172 - Authorizing placing on May 24, 1973 ballot a measure re:
Charter amendment - Compensation was submitted.
Mrs. Beal moved seconded by Mr. Wi~liams to adopt the resolution. Rollcall vote. All
councilmen present voting aye, motion carried.
Resolution No. 2173 - Authorizing placing on May 24, 197.3 ballot a measure re:
Levy $2,055,439 outside 6% limitation was submitted.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. All
councilmentpresent voting aye, motion carried.
Council was reminded of Budget Committee meeting scheduled May 3, 1973 at 7:30 p.m. in
the McNutt Room.
Motion was duly made, seconded and
meeting.
Hugh McKinley
City Manager
'~9
4/30/73 - 19