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HomeMy WebLinkAbout07/23/1973 Meeting Council Chamber Eugene, Oregon July 23, 1973 411 Adjourned meeting of the Common Council of the city of Eugene, Oregon ~ adjourned from the meeting held July 9, 1973 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on July 23, 1973 in the Council Chamber with the following councilmen present: Mrs. Beal, Messrs. Williams, McDonald, Hershner, Mrs. Campbell, and Messrs~ Keller, Murray, and Wood. ~ . Council was reminded of International Co-operation Committee picnic honoring 12 Japanese students and their sponsor on Tuesday, July 31, at 6:00 p.m. atSKinners Butte Park. I - Proclamation, Canvass' of votes cast in Ju'ly 19', 1973- City election was presented and read setting forth the following results: . ' ~. Tax Levy Outside 6% Limitation - $1,968,217 For 4,735 Against 4,540 Charter Amendment re: Downtown Free Parking "5,467'" 3,824 Tax Levy for Parking District - $129,250 "4,931" 4,307 Mrs. Beal moved seconded by Mr. Williams to accept the procalamtion as presented. Motion carried unanimously. ' Mayor Anderson expressed appreciation to those citizens 'voting in favor of the measures ~ and to participants in activities encouraging a favorable vote - Budget Committee, . Council members, and interested citizens~ II - Public Hearings. A. Revocable Permit, Watchman Trailer, 2nd and Lawrence (R. E.McGowan) Staff has no obj ection to placement of a trailer for the purpose requested ; . 'However, there are problems with failure to'comply with the Building Code with regard to im- provements on the property.' Staffrecommehded 'approval of,the revocable permit for trailer subject to compliance with the Building Code and issuance of certificate of occupancy by the Building Department. ','.-Public hearing was held with no testimony presented. Res.2204 - Granting revocable permit for watchman trailer at northwest corner of ,2nd and Lawrence was submitted.- I ' _.' ,Mrs.. Beal moved sec0nded by Mr.; Wi-lliamsto' ~d~'pt. t.he _r:.~csolutiorr subject to compliance of 'improvements on the property with Building Code and issuanc~ of certificate of occupancy by,the Building Department. Motion carried -~,~, ,unanimously; , , , -" " " /. . B. Zone Change, C-l to RA, Echo Hollow between Concord and Knoop Avenue 41' Properties were described for which rezoning was initiated and recommended by the Planning Commission subsequent to review of.the'Murphy rezoning request for multiple- family 'zone,.in ,this ,area.., Planning Commission minutes. and staff notes were previously distributed to Council, and Council members viewed the properties under consideration. I ,Public hearing carried over' from July' 9;. 1973'Councildmeeting 'at the request of'"Bill , DeZeeuw'-s attorneY: ,to give' .an' opportunity for review. Notices of hearing for that ,date were not received until the day of the hearing'. Public hearing was opened. Davfd James, attorney representing 'Mr. DeZeeuw, 'c:ta..lme'ci: s'uhstantia:i change'in the area had not been shown to warrant rezoning the ~subject propert.ies for residential use. ,Nor, had the public need related to rezoning"been shown-. He noted the improvement of Echo Hollow Road and other scheduled street-'improvements in the area which he felt would decrease the value of these properties for residential use, at the same time ., . increasing their value for commercial use. He maintained use of the properties for commercial activities would serve the existing housing. Mr. James referred to testi- mony in previous hearings which was not a matter bf record and which would show that at t,he time o.f -the'Murphy rezoning people of ,the area were' -led to beLieve that that rezoning would not effect ,a change to'residen'tial zoning' on their properties. He /. added that purchasers of properties in that vicinity have the right to rely upon the _zoning in existence at time of their purchases. ,He- u~ge~_derr~~l of request for RA zoning. . 'I I \~. .1 . J ., . ..' _ _ Henry ,Baitis, r.eal tor and owner of property at Marshal'l and- Echo Hollow, said his property has been assessed according to commercial value, and that there is no instance of any zone change to a lower use having been accomplished unless upon petition of the owner:of the property.- He 'referred too to ,the impression'giv~n at time of the,Murphy rezoning ,that it would, have no effect on 'other properties 'in th'e area. He wondered what would keep the City from changing other 'unused 'commercial properties to residential 232. 7/23/73 - 1 zones. He noted that improvements are just now coming to the area which will make these properties suitable for commercial development. Mr. Baitis recited his experience of applying for a building permit for his commercially-zoned property. He said he was told _ a buildir;g permit would not be issued ~ec~use of ~he Planning Co~mission' sconsid~ration ,_ of rezonlng. He wpndered whether ~ bUlldlng permlt, could be denled under ~hose Clrcum- - . stances. Bii DeZeeuw~ 2455 Frontier Drive, said he was advised by the Planning Commission to delay development of property he purchased for future investment. Others opposing the proposed rezoning were Louie Patton, 1190 Echo Hollow Road; J. H. Sorensen, 4300 Avalon Street; Mrs. James Brower, 1191 Echo Hollow Road. Their opposition was based on the belief that the commercial zoning. would result in 'higher land value, development in the area has progressed to the point where re~idential de- velopment would not be desirable, leaving the one existing store property in commercial zoning would constitute spot zoning, ~onsideration should be given to invest~ents made on the basis of commercial zoning. Public hearing was closed. Jim Saul, planner, reviewed the Planning Commission'~ position"in .initiatingand recom- mending the RA zoning. He said that after annexation to the City and since the com- mercial zone was ,applied a General Plan. has been adopted dealing with the issue of criteria for commercial centers and how they would relate to surrounding areas,. Stan~ ... dards have been developed for neighborhood commercial development. Also, the Murphy 'I' rezoning to residential use, referred to in testimony, fragmented the commercially- ' . zoned properties lying along Echo Hollow Road. Mr. Saul said the current:..rezo~ing proposal was reviewed with the City Attorney's office for evaluation under the Fasano decision with the opinion from the Attorney stating there aresubstant,ial .legal:questions whether-:.:that decision could be applied in a request for, zon.i;ng to lighter use . The Fasano decision, according to the Attorney, dealt primarily with zoning to a more in- tensive use. " Mr-;Saul noted review of the rezoning proposal for conformity to':.:the General Plan which was set forth in staff notes and, ,Commission, minutes" copies of which ,wer,e mailed to Commission and Council members and to interested residents in the Echo Hollow Road area. So far as showing public need, Mr. Saul said the Comm~ssion felt if General Plan recom- mendations for clustered shopping centers were. to,be achieved there was need to review commercial zoning in the City, and this commercial property in particular in relation- ship to surrounding residential area. Other commercial zoning available ,in the general area was also taken into consideration in proposing to make this a residential zone. Mr. Saul added that the commercial zonLng after. annexation, to the City was accomplished as a part of zoning the entire Bethel/Danebo area without detailed study of individual neighborhoods, existing County zoning forming the basis for City zoning. He said the property has never been assessed at commercial value. Nor has ~he Commission felt ,spot ~~ . zoning an issue - the ,existing store is not to be ,included, in ,this rezoning. and"the IJ residential rezoning does not constitute spot zoning. He concluded by referring again . 'to existing commercial zoning within 250:0; feet of ,theproperties:;l,p. -question. Manager confirmed that a. numb,erof property owners appeared when the Murphy rezoning request was before the Council and expressed their concern about~the effect of that action on their own properties. They indicated they did not obj~ct to that rezoning so long as it did not affect their own properties. He felt in view of staff's comments at this meet ing , it might be fair to allow rebuttal. " " , 'i,', David James said staff presentation was based on conclusion, not on facts..,.: He ,felt the I Council should have before it more factual data on.whic~ to;base its decision, - whether the proposed zoning does conform to the 1990 General Plan, whether there is a public need in this area regardless of what is concluded to be the, public need ,over the entire City.. He felt more background information should be made available with regard to the change of that neighborhood and its requ~rements for services. --, . .. .. Louie Patton commented on, the testimony of citizens at the Mu~phy rezoning hearing wIth regard to its effect on adjacent properties. He added that it was his u~derstand- ing that Mr. Murphy has since sold that property. Mr. Baitis called attention to the c lack of favorable comment at any hearing on tpis proposal, all those speaking at any ~ ~ time have been opposed to the change. Mr. DeZeeuw remarke~that in view of the feeling ~ that there is too much commercially-zoned land in that area there should have been ~ less acreage added at the time the commercial, zone was, applied to the Fish prop,erty at Echo Hollow and Barger. Councilman McDonald asked if any mention of this rezoning was made at the time improve- ment of Echo Hollow Road itself was considered. He also, asked whether the Building De- partment has authority to advise citizens with regard to development of their properties ~~~ 7/23/73 - 2 . as mentioned by Mr. Bait is. Manager said he didn't recall mention of the rezoning at time of bid award on the Echo Hollow improvement. He added he could neither confirm nor deny the allegation made by Mr. Baitis with regard to the building permit since he - had no knowledge of it~ He said he could investigate to see whether it could have been an interpretation of the architect applying for the permit since the Building Depart- ment.would certainly have an obligation to inform the applicant if the Planning Com- mission at the time was considering rezoning of the property. Manager noted that should an applicant insist on issuance of a building permit after having been informed . rezoning was being considered there would be no legal basis for denying it and there- ,by having a non-conforming use before the structure was completed. Mr. McDonadl said it wasn't necessary to check it out, but it was his hope; that the Building Department was not restricting building permits as related by Mr. Bait is ~ He added that he was opposed to the Planning Commission's recommendation. In answer to Councilman Murray, Manager said the present C-l zone has been in existence for 17 years without commercial use. And Public Works Director reviewed present traffic volumes and those projected. He agreed with testimony presented with regard to future traffic routing and arterial use of Echo Hollow Road. Mr. Murray wondered about meet- ing criteria - whether the proposed rezoning would ". ..be consistent with General Plan... " and whether the assumption would be correct that in ". ..meeting the public need..." the staff's position was that an excess of commercial property in the broader community set the premise that reduction of this ,excess commercial property was in keeping with the public need. Mr. Saul confirmed that the General Plan indicates this area suitable " for low density residential use. ,He said the Plan does not attempt to determine - specific locations of neighborhood commercial zoning, only to set certain standards - consolidation of commercial development within community shopping centers of four to ten acres, supp0rted by a populationof,app~oximately 4000 people. In comparison the .w... pr.operty recommended :for, rezoning is within 2500 feet of two,~co,mmercial areas serving c the same neighborhood of some 2175 people.~ . ,He added that the need for residential zoning is important to implementation of the General Plan and this was also taken into consideration in evaluating the relationship of the subject property to its surrounding area. . " r.'. , - _. - ,. ~5' ~ ' -. Councilwoman Campbell asked whether people paying taxes on commercially-zoned property would be compensated if the area is zoned to residential use. Mr. Saul explained the manner in which these properties have been assessed since zoned commercial some 17 years ago. Manager noted the. $12,000 valuation,was for,bothland-ahd improvements on the Baitis property which the owner said was assessed as~commerci'al-land.' , " Mrs. Campbell expressed concern with zoning to lesser use and wondered whether it would be an on-going effort of the Planning Commission~ She felt owners of commercial properties knowing that would start,building immediately to gain-the benefit of com- mercial zoning and, doubted whether, that. was wanted. Manager said there is no con- centrated effort at this time to bring conformity to the General Plan, but that as refinement studies are commenced it is likely this type of zoni~g action could result. -- Planning Director added that as conditions change this procedure will have to be followed where the Commission sees a better use of properties than that for which it is zoned. Mayor Anderson said it. is unlikely that any commE;!rcial land would be de- veloped,merely to 'preserve the. zoning - it would have to be:economically feasible. I,L. .' Counciiman 'McDonald asked ab'~ut changing the General Plan;' whether it 'was' 'considered flexible. Manager explained the mechanism set up by LCOG through ,which official change in .. the Plan is accomplished, however he said there is nothing' .that requires Eugene to adopt any of those amendments. It is considered a legal. guideline for land use. - ,~- . ..... r Councilman Williams,refe'r'red to Mr. Saul's statement with regard to standards set by the Fasano decision in relatiop to zoning to a lesser use, and said that the opinion given him by the City :Attorney "in answer to that "specific question was that identical standards,:apply in consideration,of zoning either to lesser or'to higher'use~ Mr., Williams,~sked:whether there, was ever ,any consideration that "down "zoning" 'of property constituted "taking" of property, thereby involving a constitutional issue when rezoning to lighter use was effected without compensation to the property owner. MaBager .said the City Attorney in,answer to that, question had said'any decision of the Council 'on rezoning is.not:based.on land ,value and the Council ,does not; have the re- sponsibility for protect ing a citizen's investment. Zoning 'is a inatter of land use for. the best:development ofthe-communi~y as a whole. '. . - - . 11 Mr. Williams wondered whether the matter would follow the normal procedure of being referred back to a joint meeting ,between the Planning Commission and the Council if it is decided inappropriate to change the zone to residential use. It was decided after acceptance or denial of the Commission's recommendation. further action could be de- termined between the Planning Commission and City ,Attorney. " - 2.34 7/23/73 - 3 In answer to Councilman Hershner, Mr. Saul explained acreages involved in the Murphy rezoning (1. 5) and in the current recommendsation (4+). Mr.'Keller expressed his opposition to the Commission's recommendation for residential -- zoning, saying it seemed to be a golden opportunity to make "all" of, the taxpayers -= happy since there were 'none present speaking in favor of the recommendation. Councilwoman Campbell wondered why the Planning Commission picked~this particular area to bring consistency with the General Plan. Manager said the Commission for some time informally expressed its concern about unused commercial'land in this area. When the Murphy rezoning request was presented the Commission 'looked at the surrounding prop- erties, and that triggered the present recommendation. There is no specific long-range plan with regard to changing zones to bring conformance with the General Plan. Council Bill No. 341 - Rezoning taRA the area on both sides of Echo Hollow Road between Concord Stre~t and Knoop 'Avenue was sub- mitted and read the first time by council bill number and title only, there being no councilman present requesting that it be'reqd in full. Mrs. Beal moved secon.ded by Mr. Williams that the bill be read' 'the second , , . time by council bill number only, with unanimous consent of the Council, and enactment considered at this time. Motion defeated, Councilmen Beal, . Murray, and Wood voting aye; Councilmen Williams, McDonald, Hershner, Campbell, and Keller voting no, and the bill was held. . C. Abatement, 3815 Willamette Street (Miglioretto) Staff recommended abatement on this same property a couple 'of years ago at which hear- ing the owner indicated a desire to improve the property and asked for time to do so. Some work was done but it has not been adequate. Abatement is again recommended. Public hearing was held with no testimony presented. Resolution No. 2205 - Authorizing abatement at 3815 Willamette Street was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the. resolution. Motion carried unanimously. D. Downtown Parking Implementation Staff work is not completed and postponement to August 13 Council meeting was recommended. Chair ruled the hearing postponed to August 13, 1973. E. Bids - Public Works (Opened June 19, 1973) . Contract Cost Basic Alternate Cost to Project and Name of Bidder (Within' (On Sally Abutting Cost to Amount Storm Sewer between Salley Way Easement) Way) Property City Budgeted and Marlow Lane from Norwood Street to Gilham Road (812) Wild ish C0nstruction Company No Bid $46,1-22..00 $14.89 fr/ft $35,147.00 $30,668.00 Shur-Way Contractors, ,Inc. " 52,303.80 Kenneth R. Bostick Const.Co. " 53,857.80 Completion Date: October 15, 1973 : Held over from June 25, 1973 meeting for City Attorney's opinion with regard to 'award of bid on alternate when none were received on the basic bid. City Attorney has ad- vised the award could be made on the alternate and assessment made against properties involved.. , . Public Works Director reviewed the bids and explained basic bids were called for con- struction in the easement. However, that area has been completly filled in so con- struction is planned on the street right~of-way. 'This aCcounts for the $14.89 per front foot cost compared to $9.70 when the project was put to bid two years ago. Award II', of the contract to the low bidder was recommended. Publfc hearing was held with no testimony presented. Letter of protest from Theodora N. Salmon, 2179 Marlow Lane, was' read~ And. letter from Linda and Wayne Bush was noted which was written at the time tiling of the drainage ditch in the easement was to be considered. Mrs. Beal moved seconded by Mr. Williams to award the contract to the low bidder. Rollcall vote. Motion carried, all councilmen present voting aye. 2..'35 7/23/73 - 4 F. Code Amendments l. Section 9.254 - Amending definitions of service station and repair garage 2. Section 9.708 - Authorizing Hearings Official to grant variances in conjunction . with conditional use permits Public hearing was held with no testimony presented. Council Bill No. 352 - Amending City Code Section 9.254 re: Amending definitions " of service station and rep~ir garage was submitted and read . , .. I' t' ',.. ,.. .' . by council bill number and 'title orily';t~erebeirig no' councilman"present requesting that 'it be read in full. " " ' ',' " ' , ,. '. ... Councilman McDonald said he had received calls in which concern was expressed whether this amendment would prevent work outside structures of independent stations. Manager felt no problem would be created, as a practical matter there will 'be some such activity such as tire changes, etc. Mrs. Beal moved seconded by Mr. Williams that the bill be:read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared - passed and numbered 16886. Councilwoman Campbell brought up the subject to restruction on the number of service stations in the City and wondered how action of that type could be taken. Manager said restrictions could be imposed, however such a move has not been launched by either the Planning Commission or Council. Council Bill No. 353 - Amending City Code Section 9.708 re: Authorizing Hearings Official to grant variances in conjunction with conditional use permits was submitted and read by council bill number and title only, there being no councilman~present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the secon? time by council,bill,number,?nly. -, . Mrs. 'Beal moved seconded by Mr.Wil1:iamsthat the bill be' approved and given final . /.. .'. .' '. ,"'" -' . '. -, ~ passage. 'Rollcall vote. ' All coutlc1lmen present voting aye,' the b1ll was dec~ared It passe'd and numbered' 16887. ;: ' '" III - Consent Calendar Items acted upon with one motion. Previously discussed in committee on July 11, 1973. I Minutes of that meeting are printed below in italics. A.iproposal for Senior Citizens to Upgrade 1)eteriorating Housing - Councilwoman ~ :Beal had distributed to the Council ideas from the last public budget session, ,and she suggested a recommendation to the Joint Housing Committee. The Senior [Opportunities and Services had mentioned using retired persons to make needed irepairs on housing for the elderly. It would accomplish two things: Supplement : the income of retired workers and restore houses in need of repair. She ireferred to the points mentioned in the recommendation, which included: Identify: : housing occupied by elderly citizens that is in need of repair; identify senior : citizens with skills in the necessary areas; set aside a portion of funds allotted for housing for elderly and use the money to pay wages and purchase 'materials; solicit donations; enlist the aid of Lane Community College and the University of Oregon in supplying plans, workers and skills; purchase inexpensive flots for construction of small houses; keep all costs as low as possible; exempt ,from reappraisal any improvements that are made. i '- r Councilman Wood corrected from $175,000 to $150,000 the figure referred to in the memo as the amount set aside to pay for housing for the elderly. ( Councilman Wood moved seconded by Mr. Williams to refer the proposal to the ; Joint Housing Committee for consideration. .. . ,City Manager hoped that the referral would be understood in the form of an inquiry rath~~~han a recommendation as there are legal considerations involved ---'--.;;~, .-- -.- . ... ~-~._----------' 2.'3b 7/23/73 - 5 regarding contr~~ts, -hiring, etc. It was felt the-joliiF Housing' Commi ttee would certainly look at all legal aspects. Councilman Murray mentioned the concern that analysis should go into the division of the $150,000 as it is a small amount. Mrs. Campbell hoped that the housing committee would also explore using Comm ." a portion of the monies for subsidizing rent for the aging. I '7/11/73 Vote was taken on the motion, which carried unanimously. Approve In answer~o Co~ncilman McDonald, Manager confirmed the understanding that the proposal would be inthe'riature of inquiry at this time rather than a firm contract because of the legalities which would be involyed B. Co~til1Ua-tiori-of-D1.scussl~n're: ' , Code'Restrictlon Prohlbltlng'Persons under 'Age of 21 to Sell Merchandise to Dealers in Used Merchandise- City Attorney opinion had ,been distributed to counci-T' explaining that legailrj an amendment would be acceptable 'that would lower the age to 18. City Manager indicated that the Police Department does not resist that change. John Rutledge of the Police Department explained that, if the provision calling 'for a second-hand store, to hold goods for 7 days were to be deleted or reduced as to time span, the Police Department could not operate with that provision. There would be no objection to reducing the age limit, however. . Councilman Wood wondered whether it is appropriate for the Council to restrict a .' person's legal rights. Art Johnson of the City Attorney's office said that is 'not uncommon; for instance, public policy determines the age for driving. The Council of course could determine that there are valid considerations for not allowing minors to deal in used merchandise. Such a restriction would then be constitutionally valid. Mrs. Beal moved seconded by Mr. Williams that the Council request the City Attorney to draw up an ordinance change lowering the 21-year limit for buying and selling Comm merchandise to 18. 7/11/73 Ap;prove Ed Kenyon of the Register-Guard wondered whether the 7-day restriction would ~.. i - ~ , apply to swaps. City Attorney advised he did not think it would apply to swap ,---- si tua tions . The original ordinance was concerned with a person under 21 not being' able to give good title. Vote was taken on the motion, which carried unanimously. Councilman McDonald inquired about transfer of title to merchandise in swaps which might be made by ,someone ,under 21. ,He felt ,this ,situation would open the dOQr for trading of any type merchandise. Manager answered that merchandise owned by an 18-year-old and swapped would presumably constitute a firm contract. It would 'apply: to used merchandise -' only. ,- -" ... C. Deferred- income -piar;'loT-ci't:.':i._~ul?erviso'ijj__EmplolJ~es -';'-'Manager explained' tbe" new deferred income plan for supervisory employees. He stated that it is necessary for the City Council to adopt a resolution authorizing the City to implement the program. Comm Mrs. Beal moved seconded by Mr. Williams to adopt such a resolution at the next 7/11/73 Iregularly scheduled meeting. Motion carried unanimously. Approve D. Planning Commission Recommendations (June 18,and 25, ,J,,9,?,~) l. Vacate utility easement north of Larch, east of Larkwood - Call hearing Approve 2. " " " west of Conger, north of West 10th- Call hearing Approve E. Liquor Licenses l. Change of Ownership, New Frontier Market, 1101 West 8th (PB) Approve 2. New Outlet, Chef Francisco, 1400 Cross Street (Industrial Alcohol) Approve Manager pointed out addition of hearings to be called on Planning Commission recommenda- tions and liquor license applications as listed, both received since July 11 committee. F. 'Parade' Route -problems'- Cou'ncilman Murray ~~ivfsed th~t 'h~ hils 'recelved'compla'ints .' . 'involving parades, particularly the Rodeo parade held last Saturday. The complaints fall into two categories: Before and after the parade, horses are ,wa~~ed to and from their destinations on residents' sidewalks, leaving piles of/ ev~i!!f!nce. He feels that any law on the subject should be enforced; and, if no " law exists, one should be considered; the other problem has to do with the ' Comm parking of cars on parade routes, blocking the view of those sitting on curbs.': 7/11~73 A parking prohibition should be considered. ' Aff~rm 2.37 7/23/73 - 6 . G. Ecological ReEort on the South Hills Density Study - Councilwoman Campbell 'reported that the Planning Commission had contacted a group at the University ,of Oregon on the ecological portion of the South Hills Density Study. Their -; ifindings will be made available at the AIA meeting July 12 at the Feed Mill. ; The July 6 report on the meeting had not Comm The Council is invited to attend. ,as yet been received by the Mayor and Council. Planning Director John Porter ,7/11/73 ladvised that it was sent to the Joint Parks Committee first before being sent \ File to the Council. Mrs. Campbell asked if the report could be given next Wednesday. Mayor Anderson advised the Council would wait until receiving copies of the ,report but could consider themselves alerted now. H. Track Team Storming Spencer Butte - Councilwoman Campbell reported she had had one protest against the Oregon Track Team running up and down Spencer Butte. :Mrs. Beal reported she has also had calls on it. It was felt the Parks Department Comm should look at the butte for possible damage and take it into consideration 7/11/73 for any future events of this kind. Parks Director Ed Smith advised it wou1d not File be an annual event. --....--...--..., - .__~...-l '. -. ~. -, ~... .~ I. Council Meeting Videotape - Councilman Murray was approached last week by a Comm University of Oregon student who wants to videotape the next regular Monday 7/11/73 ~meeting. No objections were voiced b'i ~ounci~.!!!~l!!!>!!,~~:_ File - ~ - - ~ -- - . ,--.~ . . J. Discussion of _?on~~lL ChaI]5Je Requi_~!!!!!...1'!ts Resul tiT}Lfr~ Supreme Court Decision in Fasano Case - City Manager asked Jim Korth from the City Attorney's office to answer :questions on the interpretation of the Fasano decision, which had previously been ,distributed to the Council in a memo from the City Attorney's office. The Fasano decision is a landmark decision. The noteworthy feature is that, prior to the case, rezoning was looked upon as a legislative act by councilor commissioners ,and therefore a presumption of validity existed. The Supreme Court has abandoned ,that theory and says that a rezoning is an exercise of administrative or judicial authority and therefore becomes subject to complete judicial review. The court in : this case set Gown factors which must be affirmatively found before a zone change can ' be granted: The change must be in conformance with the comprehensive plan; it must be shown that there is a need, that the potential impact was carefully considered; the more drastic the change, the higher the burden of proof; it must be determined if the property satisfies a need and satisfies it better than other prope~ties would., I Mr. 'Korth is awai'ting an opinion from the attorney general's office which hopefully I will shed some light on the matter and enable them to set downguj..delines in considering zone changes and procedures to'be followed. The deci$ion-making body must be impartial; no ex-parte contacts are allowed. In answer to questions from Councilman Murray, Mr. Korth,answered that it would be inappropriate for a council member to be an observer at a meeting where a particular zoning issue is being discussed even if not actively engaged in the .~ : discussion. This opinion, however, would not extend to discussions on zone changes in general where a specific change is not being discussed, nor would it apply to condi t;~.ona.l use permi ts, etc. Additionally, it is best not to attend Planning ,Commission hearings until clarification is received from the Attorney General. I Planning Director advised H. B. 2965 was passed which would allow City Council to appoint,hearings official to conduct quasi-judicial hearings. He said he was : trying to get a copy of the final bill as passed. --.- __r,.. _ . ___', ., .......,'... ,-,_.- ~.-_._---- ,- - - -~ ~_.- ,~ ,In answer to questions from Counci 1 woman Campbell, Mr. Korth advi sed it is up to the applicant to meet thebuiden of proof required. If the Planning Commission " initiates zone changes, they are subject to the same burden. Talking to another council member on a zone change is not an ex-parte contact as such and would i probably be acceptable. I I 'In answer to Councilman Williams," Mr. Korth advised a council tour of a si te I I , ,would be similar to a jury view and is allowable, as long as whoever is demonstrating) the site confines remarks purely to identification and does not give definite 'I iopinions. If a council member is familiar with the site and people involved but I rhas not engaged in any discussions on it, it would not be regarded as an ex-parte i ~contact. I . I ! In answer to Mr. Wood, Mr. Korth advised procedures and policies regarding initiating! < zone changes could be given ,to 'individuals who call council persons regarding such j imatters. i I IResponding to Mayor Anderson, Mr. Korth advised a council member could accept a petition from interested parties as long as it is then made a part of the record. I I ,The, council member is simply a condui t. 2.3!> 7/23/73 - 7 " -, --._-- -- - ___.._ ~_d _ Regardi~g discussing of' zoning-issues at Committee of the Whole meetings, Mr. Korth fel tit would be out of order as it would not fi t Council procedures. When a tour is held, the matter is placed on the Committee agenda simply to get it on the \... ensuing Monday night agenda. Directing questions at the Committee of the Whofe ,would be out of order unless the questions were general in nature. A specific question could be raised and then not resolved until the Monday night hearing. :Planning Director stated that, in the staff notes, both sides are presented. Staff I notes are now labeled "preliminary" because, at the public hearing, there might be testimony that would change a position. He feels a predicament has arisen where the City Council would be the only body that could hear zone change matters and he does not feel the court has the understanding or urban planning expertise necessary to allow council to operate properly. There are matters that need to be worked out, and it will .be a learning process for all. -Jim "Sheppa.ra~'realtor, wonderedliow -the - Fasano case restricts him in his conversations with officials. He was advised that conversation-wise, he can talk to the Planning staff but not the Planning Commission and City Council. Mr. Wood questioned allowing a council member to read planning notes but not to attend commission meetings. Mr. Korth advised this may be too conservative but lit is simply the recommendation at this time. He is uncomfortable with one lor two members going to meetings and getting a different slant. Too, sometimes 'an issue is continued at a subsequent meeting. '. :Councilman Keller wondered what WOuld happen if council members do discuss :particular issues. Mr. Korth felt it was a question of prejudicing a party. He (supposed it would be incumbent upon the person prejudiced against to prove it. l lThe main point seems to be that, in order for all parties to get a fair hearing, ,it is necessary that both parties should be represented when any information is ~conveyed and that all council persons be uniformly notified. If an individual Comm :should call a council member, that council member could ask the person to submit 7/11/73 ,his ideas in writing and they would be added to the public record. The general i File 'consensus was that, until the Attorney General clarifies all the issues in question,: mum's the word. Councilman Murray asked about proposed State legislation having to do with planning com- missions' definitions and procedures. Manager said the legislation was adopted and will become effective October 5, 1973. It permits the use of a hearings official in place of a commission on some of its responsibilities, makes the Council the appeal body, defines to some extent vocations of commissioners, and provides for appointment of com- missioners by the Council. It was understood copies of the legiSlation would be obtained for distribution to Council members. There was further discussion with regard to effect of , the Fasano decision upon actions ,. of the Council with the understanding additional information will be brought to the Council to give an opportunity for more detailed discussion. K. ,Newly-Adopted Chapter '172'> O~"egon ~w~~_19?d~e1at.ing to Open PUblic'}~ee-tings - Ci tfj--- iManager advised it does not appear that this new open public meeting law will create :any problems. City Attorney's office can review and provide answers if any questions !should arise. .Comm I 7/11/73 L. ,Subdivision Ordinance - Copies distributed to Council, which included platting File ,'standards on streets. Council was advised that if, in reviewing the matter, there iare questions elaboration will be provided by the staff on the ordinance. Comm 7/11'/73 M. ,Withdrawal of Appeal of Planning Commission Action Re: Edgewood West Planned Unit File !Development - Manager advised that, as of this date, the issue is laid to rest, as iMr. Richard L. Unruh, Architect, has indicated his desire to withdraw his appeal. Comm I 7/11/73 . N. iRelocation of Road in Alton Baker Park - City Manager referred to a letter from the File ;Board of County Commissioners thanking the Council for their recent action regarding the relocation of a road in Alton Baker Park. Comm , 7/ll/73 File . Mrs. Beal moved seconded by Mr. Williams to approve, affirm, and file as noted Items A through N. Rollcall vote. Motion carried, all councilmen present voting aye. 2-'3' 7/23/73 -8 .." IV - Ordinances Coun~il Bill ~o. 348 - Amending City Code, Sections 9.676 - 9.68~ r~: Procedures and Bases for Zone Changes, read the first time on July' 9, 1973 and held, lacking unanimou~ .... consent for second reading, was brought' back and read 'the second time by council bill ... number only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All counciimen present voting aye, the bill was declared passed and numbered 16888. Council Biii No. 354 - Rezoning to C-2 PD area east of Day Island Road and south of Centennial Boulevard (Bartel) - replacing C.B;8947 submitted on July 28, 1969 and held pending approval of 'planned unit development- - 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. - Mrs. Beal moved seconded:by Mr. Williams that th~ bill be read the second time by council bill number only, with unanimous con$ent 9f the Council, and that enact~ent becconsidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seco~ded by Mr. Williams that th~ biil be appro~ed'and given final passage. Rollcall vote. All councilmen prese~t voting aye,' the bill was declared passed and numbered 16889. - ,., Council Bill No. 355 ~ Rezoning to PR,PD area located south of 11th Avenue east of City View Street (McKay) :- replacing C.B.9011 submitted on October '27,1969 and held" pending approval of planned unit developmetit - was submitted and read the first time by council bill number arid title only, there being no councilman present req~esting 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 "thistime-. 'Motion carried unanimously- and the bill was read the second time' by council bill number only. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All~councilmen-present'yoting'aye,'the-bill was declared passed and numbered 16890. ... Council Bill No. - 356';::' Rezoning to 'RP' SR - area located south of 2nd Avenue and' east of Mill Street (Moreland) - replacingC.B.9044 submitted on December 22, 1969 'and held pending approval of planned unit develdp~ent - 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. - .. - - . . , tit Mrs. Beal mov~dseconded>by Mr. Williams that the bill be read the second tim~ by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously'and the bill was read The second time by council bill number only. I Mrs. Beal moved seconded"by Mr. Williams that the bill be approved and given, final passCage. Rollcall vote~ All councilmen present voting aye, the bill was declared passed and numbered 16891. Council Bill No. 357 -'Rezoningto'PR'PD area located at northeast corner 'of Hilyard Street and 30th' AvenU:e (Citizens Bank) :- repla:cing C.B.9326 submitted"on DeceInber 28, 1970 and-held'pending approval-of planned-unit development - 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." . , - .. - - '.-. _ _ _. .J . ... _ . _ _ _. _0_ Mrs. Beal"moved seconded 'by Mr.-Williams that the bill be read'the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only . ,,'- -, - - - -. -' . . ......... . - - - .. Mrs. Beal moved seconded by Mr. Williams that the 'bill be approved and given final 'passage. _ ~ Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16892." . ,~- . -. ~'" -Council-'Bill-No.-358'.= Rezoning'to'-R.;;;.2-PD area-located south-of-Amazon Creek and east of Oak Patch Road (Wingard) - replaeing C.B.9550 submitted'on December 27, 1971 and held pending approval of planned unit development - 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. ' , A. ; . , ._ .. ~4J() 7/23/73 - 9 ~ Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the. bill was read the second t,ime 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 16893. Council Bill Nq. 359 7 Rezoning to R-2PD area located east of Coburg Road and south of Willakenzie Road (Manley) -replacing C.B.9613 submitted on, March_27,,1972 and held pending approval of planned unit development - was submitted' and read the first .first 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 ,Mr.. Williams that the bil~ be read the second tiNe by council bill number only" with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously.and theb,ill was read the second time by counc::il 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 deGlared passed and numbered 16894. Council Bill..No., 360 - Rezoning to R-2.PD area located west of Oak Patch Road, and south . of Amazon Drainage Channel (Becraft) -replacing C.B.9623 submitted on Apri,l 10, 1972 and held pending approval of planned unit development'7 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. 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 b~ considered at this time. Motion. carried unanimously and the bill was read,the second time by council bill number only. ~~s. Beal,moved seconded ,by Mr. Williams ,that the bill be approved and given final passage. "G. _ . . . _ ~ Rollcall vote. All ~ou~cilmen present voting aye, the bill w~s_ d~clared passed and numbered 16895. Council Bill No. 361 - Rezoning to C-2 PD area on east side of Oak ,Street extending 450 feet south from corner of 28th. Avenue and Oak Street (Wilson) - replacing C.B.56 sub- mitted on August 14, 1972 and held pending approval of planned unit development, - was spb- mitted and read the first 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 Mr. Williams that the bill be read the second time by council . bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved,seconded..by Mr. Williams that the bilJ,. be approved and given final pas~age. Rollcall vote. All councilmen present voting ,aye,. the bill was declared passed and numbered 16896. Coun,cil Bill No. 362 - Amending City Code re: Lowering to 18 years the age limit for sale or purchase of used merchandise, was submitted and read the first time by council bill I number and title only, there being no councilman present requesting that it be read in 'full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the ,second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. :M~s. Beal moved seconded by Mr. Williams that the bill be 'approved and given final passage. Rollcall vote. All councilmen present voting aye, except,. Mr. McDonald voting_no, the bill was declared P?ssed and numbered 16897. :. Council Bill No. 363 - Calling hearing August 27, 1973 re: Vacation of utility ease- ----- ment north of Larch Street and east of Larkwood Street (James-Doble) was submitted and read the first time by council bill number and title. only, ther.e being no councilman present re- questing that it be read in full. ~' Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by ,council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. '2. .q. I 7/23/73 - 10 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 16898. . ..' .- Council Bill No. 364 - Calling hearing August 27, 1973 re: Vacation of utility easement west of Conger Street and north of West 10th Place (VanFossen) was submitted and read the first time by council bill number and title only, there being no councilman present re- questing that,it be read in full. -, Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and'that enactment be considered at this time. Motion carried unanimously and the bill was read the second:time by council bill number only. ~, . . .. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcai~ vote. All councilmen present voting aye, the bill was declared passed and numbered 16899. Council Bill No. 365 - Paving alley between 13th Avenue and 14th Avenue from Ferry Street to Patterson Street was submitted andread.the first time by ,council bill number "and title only, there being'no councilman pr~sent' ~equesting th~t it'be read'in full. Councilwoman Beal asked for further information with regard to properties which would be . assessed. She was concerned that it was another instance of private property's being assessed for the benefit of commercial users and said she would vote "no" on second read- ing if it .was. Public Works Director noted that maintenance of the alley had been a '~matter of controversy f.or some time and agreement was reached with owners of abutting commercial properties to maintain it last winter if'paving this year were allowed. Manager suggested passage of the ordinance ~ubject t~ presentation of a report at the Wednesday" July 25, committee meeting with regard to ownerships which would, be assessed. This would'~liow engineerin~ work to'proceed without waiting until the August 13 Council meeting. If after the report is presented Councilwoman Beal still wishes to withhold unanimous consent for second reading, the matter will be held until August 13. Mrs. Beal agreed to give unanimous consent ori that condition. " Mrs. Bealmoved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill nu~er 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 16900. e' Council Bill No. 366 - Adopting plans and specifications for paving alley between 13th Avenue and 14th Avenue from Ferry Street to Patterson Str~et 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. 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 CQuncil, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16901. Council Bill No. 367 - Paving south half of alley between Pearl Street and High Street from 3rd Avenue to 4th Avenue 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. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered '.- at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16902. ~,t, Council Bill No. 368 - Adopting plans and specifications for paving south half of alley between Pearl Street and High Street from 3rd Avenue to 4th Avenue 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. 2..4-2- 7/23/73 - 11 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 consideped at this time. Motion carried unanimously and the bill was read the second time by council -. - "bill number only. Mrs. Beal moved,seconqed 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 16903. , , V - Resolutions Resolution No. 2206 - Authorizing' Implementation of Deferred Compensation Plan for Supervisory Employes was submitted: In answer'to COllncilman:Hershner,' f1cimager explained--that the ,resolution would authorize contract between the'City and ICMA covering a deferr~d'compensation plan fop~ some super- visory employes who have chosen to postpone receipt of a portion of their salaries as a tax advantage. , " Mrs. Beal moved seconded by M~. Williams to adopt the resolution. Rollcall vote. Motion carried,,' all' councilmen' present voting' aye. " Resolution No. 2207 - Authorizing payment 'of' bills and claims for period July 9 through 23, 1973 was submitted. -. Mrs. Beal moved seconded by"Mr. Williams to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Mayor Anderson asked councilmen to':contacthimif any wish 'to represent the City as a member of an'adyisory committeeto'the County which is being created'to concern itself with development of a long-range capital improvement plan'- Vision20bQ~ .' . . ~ J ~ Upon motion duly made, seconded, and'carried, 'the meeting was adjourned. ~ 57t!:: - H~/ McKinley City Manager .--~ ~- .. .~...... A.;J:::,. , , , , . .. . , " '\.- " ' . ~,:- ,., -' "'- -~ I' 2..43 7/23/73 - 12