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HomeMy WebLinkAbout08/19/1973 Meeting Council Chambers Eugene, Oregon - August l~, ,1973 . The regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on August 13, 1973 in the Council Chamber with the following councilmen present: Mrs. Beal, Mes~rs. Williams and Hershner, Mrs.Campbell, and Messrs. Keller, Murray, and Wood. Councilman McDonald was absent. I - Public Hearings A: Implementation; Downtown Free Parking District Manager rev~ewed co~ncil bills which would imp~e~ent the Development District to provide free parking for the downtown area. Mayor opened public hearing. " Bob Rubenstein, president of the Downtown Development Board, asked favorable Council action on the bills to enable the development _of the parking program to proceed. Public h~~ring was closed, no further test~mony being presented. Council Bill No. 369 - Amending City Code adding Sections 3.700, 3.705, 3.710, " " 3.715" 3.720, and 3.996 providing for taxing businesses and p;6fessions in Downtown Development District was submitted and read by council bill n~er 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 seconp 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 16904. Council Bill No. 370 - Classification of properties and levying ad valorem tax in Downtown Development District in the amount of $129,500 was submit.ted and read by council bill number and title only, there being no councilman pr'esent,requesting"that it be read ,in full. ' .'...~ '.. ...., -. . -------, . --- "- -- - .- .... Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by I 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 16905. Council Bill No. 371 - Adopting budget forDowntownDeve~opment District ,in the amount of $287,825 was submitted and read 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. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote., All councilmen ,present ~oting aye", the ,bill was declared passed and numbered 16906. '''' c .. , .. B. Planning Commission Recommendations - July 2, 1973 1. Rezoning from C-2 and,RA toC-2SR,area,betweerr Country Club Road and Club Road "-" "south of I..,105 (J.A.Rodman)- Planning Commission recommended approval ofc:2SR _...J __ _ .. _ ... _ __ . ZOning on this property to be developed under site review procedures with. regard to .~ design, appearance, and traffic. Public hearing was held .with ,no testimony presented.. . ,', '. ,"\ " -,' Council Bill No. 372 - Rezoning to C-2 SR the area between Country Club Road and-Club Road south ofI-l05 wassubmitted,and read by council bill number and titie only, there being no councilman present requesting that ,it be read in full. 211- 8/13/73 - 1 Mrs. 'Real 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 16907. ' - 2. Rezoning Recommended for Denial - North of Willamette River west of Valley River Center - From County AGT to C-2 (Valley River Center) - Planning Commission recom- mended denial'- Copies of Planning 'commission minutes and staff notes were previously distributed to Council members and are on file in the City Recorder's office; Jim Saul, planner, presented background information and reviewed zoning on properties , in the aJ?ea surro~nding Valley,River Center. He said that all of the commercial .....- properties immediately adjacent to Valley River were zoned by the County prior to annexation to the City, and that the property under consideration at this hearing was the first in that area to be reviewed by the City prior to development. It com- prises about 20 acres west and south of the existing Valley River development. Com- mercial zoning is requested to allow about 13 acres to be used for a Montgomery Ward store and Valley River parking. There is no definite proposal for the remaining seven acres at this time. Slides of the area were shown. Public hearing was opened. Veru'Gleaves, attorney representing Valley River,' presented and read' a prepared .' statement in_support of the C-2 zone requested. The statement set forth Exhibits 1 through' 19 which were accepted by the Council and made a part of the record (on file in City Recorder's office). They were 6ffered to substantiate Valley River's con- tention that public need exists for the pr~po~ed additional development, that the zone change is in conformance with the 1990 General Plan, and that this property needs to be used for commercial purposes as opposed to other sites now zoned for commercial use. Others speaking in favor of the rezoning were: Brian Oble, 1612 West 28th Place, president of Lane' County' piann'ing Commission Wayne Shields, 1313 Li~coln Street, one of the owners of Valley River Center Irwin Shapiro, 2825 East 14th, Oakland~ California, attorney representing Montgomery Ward Edwin Steidle~ 620 S. W. 5th, Portland, Oregon, representing Mei'er [, Frank Duane Soltau, representing Dayton Hudson, headquarter~din,Minneapolis, Minnesota (Lipman Wolfe) :. ~len Odell, ~613 Cascade Building, Portland',Oregon, consulting engineer Richard Hansen, 2744 Donald Street-, manager of Valley River Center Craig Robinson, 2170 Elk, president of Lane Mass Transit District Board -. Wes Morgan, 2101 Monroe Street Willa Smith, 420 Maxwell Road Ms~Blomfield, manager of Home Interiors and Gifts Lois Reece, 328 Jonquil Fred Dyer,' 833 Lariat Drive, manager Lane Transit District Dick Sim, 3383 Marvin Drive William Eggleston, 241 Jonquil Avenue Ken Scoville, 26~0 Norkenzie Road Nils Hult, 401 East 10th Avenue Jim Golla, 190 East 24th Avenue Alan Babb, 448 Greenfield Gibson Kingsbury, 130 East 49th Avenue Mr. -Shapiro 'presented a prepared statement with exhibits which was'accepted and entered in the record as Exhibit 20. He read the statement on behalf of Montgomery Ward to substantiate their argument that approval of the proposed rezoning would meet the public need as well as the needs of Montgomery Ward in this community, and carry the burden of proof that the rezoning would be in the pubiicinterest. Mr. Soltau read a letter written by Edward F. Finn, president of Lipman Wolfe [, Com- pany which was entered in the record as E~hibit 21. ' Mr.- Odell 'presented details of an environmental impact statement with regard to the proposed expansion of the Center --e, and which he prepared, included as a part of Exhibit 20. He also presented an analysis of parking provisions for the Center which was entered as Exhibit 22. Mr. Morgan presented and read a letter written by David Whitbread, president of the Eugene Area Chamber of Commerce, ,entered as Exhibit 23, citing anticipated employment benefits and tax income from the 'added retail outlets. - - .-- ~ ~-~-- ~~--;- ~ .,r ~;o _ '" - -- --, ... - --- - - -- , - 1.:tS 8/13/73 - 2 The thrust of testimony from those speaking in favor of the C-2 zoning was that the area ,in question was never intended to be used for other than'commercial purposes and commercial zoning in that area would be in keeping with the General . Plan; a Montgomery Ward store at that location would enhance the retail merchandis- ing outlets now located there; mass transit is not being ignored in asking for additional parking space because of the regional nature of the Center and 'its re- quirement for automobile parking space to accommodate those living outside,the mass transit service area; customers and employes of Montgomery Ward would benefit from a new, larger outlet which cannot be accommodated in its present location; Montgomery Ward will close its present store by January 1975 'regardless of the outcome of the present rezoning issue. Manager read a letter from Carol J. Coggins (Mrs. J. W.), 499 Walnut Lane, (Exhibit 24), asking favorable action on the rezoning, and a telegram from George S. Fenn, 2544 Washington Street, (Exhibit- 25) asking Council approval of the Commission's recommendation to deny the-request. ,- Howard Bonnett; Planning Commission member, said the Commission's recommendation to deny the rezoning was made without having before it some of the relevant in- formation presented at this Council hearing.., He felt it important' that if the Planning Commission is to fulfill its role as an advisory body to the Council, a recommendation should be based on the complete record. For that reason, he sug- c, gested referral of the request: back, to the CommisSion before Council action - either ,~::: -for duprication"bT"'this hearing or for Commission decision with regard to whether I it wishes to hear the additional testimony. He deferred-further' comment until e ' after other opponents had an opportunity to speak. ~, Mel Jackson, 2865 Ferry Str,eet, member of the Willamette Greenway Association; Otto Poticha,,1820 Kona Str'eet; "Joy, Ballinger" 3715 Donald Street opposed 'the zone change. ,Mr; ,Jackson's primary-, interest was not so much in opposition to the rezoning"as "it was in preservation, of access to ,the River'and 'a greenway'along the River, and general environment in that area. Mr. Poticha felt the expansion of Valley River would create a density which-would more properly beC-3 rather than C~2 and that rezoning to allow that added commercial use ~ould contradict !he Council'-s creation of- a downtown ,free 'parking district. He "felt ,one burden of proof, placed upon/the application-should be that there is rio other-suitable com- mercial, land available for relocation ,of Montgomery,Ward. He cited cost statistics given at this hearing and Jsaid he felt Montgomery Ward and'Lipman Wolfe would fare better economically were they to purchase the land necessary for their operations in the central business district,,'thereby,'helping to build, up that area of the community. Mr. Poticha could see ,no reason for continuing commercial zoning to al- IGW expansion, of, the Valley ,'River :Center simply because: of-its - existence' in that area. ':He said if the additional -area was: knowingly purchased as AGT land, perhaps .t4!{t wbuld be better kept- as AGT. He thought the testimony in defense of the parking areas was presented as a-result of Planning Commission- suggestion to delete some of the proposed parking 'space.- - - Mrs. Ballinger said the goal of the developers was not to provide a view of the River. She ,felt that' there-,'was no need for expansion of merchandising facilities and that the requested use would be a radical change from the present zoning. She "(' felt the'argumen~not-valid,thatthe property-be rezoned-commercial just'because I it was contiguous to comrriercial 'zoFl_ing~- .'. . ',',' - " I ".' > ~ ~ Mayor Anderson declared this portion of the public hearing closed and pointed out alternative decisions which could be made by the Council - action approving or denying: the- rez0ning, 'continue the -publichearing~:o:b'refer the'issue"back to the PlanningCommission.-' ',He suggested in view 'of -probable 'desirabilitTof consultation with the planning and legal staffs that the matter"becca'rried over, to.a subsequent Council meeting. -" :,,1 , . "'. - -. . ".- . . " f, .. ,- , , ,'- . . . . .. Mr;: GleavesJraised-a':-point -of order, saying.- the applicant: should have the right of rebuttal. The ,'Mayor :'was :concerned with ':the late 'hour~" saying he ,was trying to determine prdcedure~' wnethertotakefurther test imony o'r carry:.i t over ,to another meeting.! ,~,im:,'Korth, of the City' At-torney '-s -office. said it wouldbe:the -prerogative of' the ,Council ,to, de"termine. whether "to temporarily termina.te:the - heariFlg 'at a certain point. f " , - - -.' '.'- e CouFlcilwoman Campbell asked the Assistant City Attorney if at this point she would be-fable to take a positicSn,'ori,,:this''issue;'-since she -attended'PlanrdngCommission hearings on 'the request p'riorto her'-knowledge,'of the'ruling in the Fasano case which, states, that Counc.il,-members :should, not attend Commission hearings on' issues which, will' be b"efore ,the Council :for' decision'. Mri-Korth answered.tha~,iT she in- tended ..to ,abstain from voting she should not participate any -further' in this dis- cussion. !. Mrs'.:,Campbel1 said that although she did riot 'want to abstain, she would on-the ,advice' of the City Attorn~y" Councilwoman Beal expressed the view that the " f 2-4b 8/13/73 - 3 Council should have the- right to overrule, any decision '':Thich ,woulq force.a Council member to abstain from voting on an issue simply because of attendance at previous hearings or because of reading about an issue to come before them. Mayor Anderson. brought the discussion backto.the question of whether the hearing .' ,wp.uld be continued now or carried over. Further discussion ',resulted .in consensus that rebuttal would be heard this evening and then the public hearing closed. Mr. Williams expressed a desire to.carry the matter over to given an opportunity for study, of the material, presented to this time and to give the Planning Commission opportunity to make a formal request, if.theyso. desire, for referral back,to the Commission. Manager noted joint meeting between the Council and Commission scheduled August 20 on another issue at which time the matter of- prpcedure' could be'- discussed. . . "0 _ . _ . _ _.. ..... _ _ _ ". . __ M~:.: G~.~av~:3: _ill_ r,ep_llt,t_<:il p0ip.:t~d ou:t that - the Council, makes the ultimate ,decision and he felt that decision should.,be based,on testimony heard by it in open-public hearing. He said the hearing already held before the Planning Commission was fairly -' extensive. . Applicant was I aware that the Commission had.. indica,ted support of the 1990-_ Plan-- and that-" if it approved this request there would probably be conditions. Therefore,- the applicant's presenta:tion at. that le:v~l was addressed"t9those condi- tions. _After denial was recommended by the Commission; he' said, presentation was prepared to fill. what was indicated by. the Commission to be needed-.- Mr.. Gleaves added that the Commission's,recommendation on this issue was contrary,t9 its recom- mendation on May 21,1973 on request to rezone for co~ercialuse the Hosey property -north of the Valley-River Center. . He entered for the record as Exhibit 29 minutes of the May 21, 1973 Commission meeting.,.. He said there was no moratorium intended _ on development in this area because of any studies underway and that rezoning cannot ~ be denied solely to control competition. He said to deny this requ~st because of the parking issue would be contrary to action setting up the downtown free parking, which in effect encourages the use of autos rather than mass transit. He argued that the General Plan language supports commercial zoning of the subject property _ it would supply residents' needs for a variety of goods and services and a major area of employment, both deemed vital to the metropolitan area.. He said.applicants have sh~wn that the,proposed zoning is in accordance with the, General Plan, and-that there is a need for goods and services which will be made available.- He offered as Exhibit 27 an article. from the -Eugene Register~Guard, July 20, 1973 is-sue , to sub- stantiate the argum~nt that employment is needed in other than the forestry and housing industries.. He suggested ,that should Ward's, look for other property now zoned for_commer~~~l use as recommended, .the ultimate result, might well be another regional center in addition to the downtown core and Valley Riv~r. .- ' Mr<'~Steidie answered-M~:Pot{cha's statement that applicant should prove there is:mo e-_ --,O!~~I?~~~~ial?~e~_s:~~~~~<:~a~.:.lari.d, ,saying proof of ' public .need is required, not land use. He took exception to Ms. Ballinger.' s statement thatblaekmailwas--used, re- ferring to Ward's ,contention that the downtown store would be closed by January 1975. He said it was a fact that the store would be closed by that time, rega~dless of the zoning decision. ,... I ~ T~er'e being-no further testimony presented, Mayor declared the:_~ublic hearing closed. ,." ...,., , , - - , Discussionfollowed,on whether to refer the matter back .to the PlanniDg,Commission. Consensus was that technical and legal testimonypresent~d at this hearing should be made available to the Planning Commission so that its advisory role could be ful- filled on the basis of all material presented. .. ,I '" Mrs. Beal movedseconded,by Mr. Williams to refer the issu,e back ,to,the Planning Commission in order that they may have th~ benefit of new evidence heard at this meeting. Councilman Williams suggested the more appropriate procedure might be to hold for .tw9 weeks ~o allow informal discussion of the matter with the Planning'Commission, thereby avoiding further public hearing. Mr. Korth noted recent enactment of an ordinance which requires ,joint discussion of an issue in the event Council takes action contrary to 'Cl, Commission recommendation; He felt there would be:some pre- cedent if, the issue were simply re,ferred back to the, Commission .for',reconsideration. Mr. Bonnett suggested that he prepare a written copy of his statement and a brief sllmm~y ofthe-ne~ evi~e~c~pre~~nted_tothe Council to be circulated to the Com- ~ mission members prior to the August, 20. joint meeting. He felt ,this would provide an .~=-- . ...- ., '. . . __ . . ~ . - - o. ~ _ _. __ "opp.o:r.!un~~y :fg,r _ '!,l:1_~_Qo~mJssion an~_ Council' together to decide procedure. Mr. Gleaves objected strongly to this,.saying any decision should be made-on testimony ,heard directly, not from a written summary. He said it would be contrary to the Council's own ordinance for joint discussion to take place unless the Council. reached a deci- sion contrary to that of the Commission. Under the present ordinance, he said, there is ~o requirement that. the same evidence pres~nted, to the~Council has to be "2..41 8/13/73 - 4 . submitted to the Commission. The Commission does not make the final decision; the Council does. In answer to Mayor Anderson's expression of concern that with- out consideration of all evidence, the Commission's advisory role would be denied, e Mr. Gleaves said that was not the question - it is a matter of acting within the existing legal framework. Mr. Korth disagreed with Gleaves' contention that Council should not refer the issue back to the Commission. He said they have the right to ask the Commission for additional information or additional recommendation-. Discussion continued on probability of having further public hearings before both the Commission and Council should the issue be referred back to the Commission or if referred for joint discussion. . Mr. Williams moved seconded by Mr. Wood that the issue be tabled until the August 27, 1973 Council meeting because of the complexity of the pro-' cedure and to give an opportunity for the Commission to review what tran~ . spired at this meeting. Motion carried, all councilmen present voting aye, except' Councilwoman Campbell abstaining. 3. Code Amendment Recommended - Adding provision for churches in M-2 District " ~ - Planning Commission recommended approval. Public hearing was opened. '. - John Brandt, 160 East 18th Avenue, asked favorable action' to allow location of churches in M~2 zones. He described the area in which a church is proposed should the amendment be adopted. . Council Bill No. 373 - Amending City Code re: Providing for churches in M-2 District 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 enact- ment 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 fimal passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16908. C. Annexation Recommended by Planning Commission - July 30, 1973 Huntington Avenue west of Donald Street - Breeden Bros. Annexation, Huntington west of Donald (Breeden Bros.) - Planning Commission was divided three to two in its recommendation to annex this property surrounded on three and a half sides by existing City limits. The recommendation included a small triangular property immediately south of the Breeden Bros. property which was peti- tt tioned after the map of the Breeden annexation was prepared and distributed to Council members. The negative opinion in the Planning Commission was based on a desire for postponement of the annexation until completion of the South Hills study rather than that the area should not be in the City. The annexation request was filed with the Boundary Commission and will be considered at its August 2 meeting. It seemed appro- I priate that an unofficial viewpoint be made available by the Council. Manager said development of the property is proposed under planned unit procedures and will consist of condominiums which will be for sale to couples who do not want the responsibility of maintaining a single-family dwelling and yard. Sales will be limited to that category through the Homebuilders Association. He said it appears the majority of the Planning Commission felt the current moratorium on building in the South Hills area did not include a moratorium on annexation. It was the Council's decision at the time of adopting the moratorium that annexation requests would be considered individually, and the Commission felt it was not appropriate to : delay a decision on this request until completion of the study. Councilwoman Campbell said she did not favor taking a position without having more information. Manager explained that the request had come to the Council rapidly because of its being on the Boundary Commission's agenda August 2. Councilman Wood expressed a desire for an overview of considerations in relation to this request . other than those contained in the preliminary report on the South Hills stp~y. Planning Director noted error in the map distributed, the northern portion of the 'property shown is alreadY within the City. He said unknown factors in the South Hills area are staff's main concern and they would rather delay the annexation until the study is completed. Richard Unruh, architect for the developers, said preliminary investigation both by the County and themselves had indicated no apparent problems. He felt development of the property as planned M:>uld be far less damaging to the area than if it were _to be develo~ed under normal subdivision procedures. -----~._--~-~._------------------------------ --- -~-- 7.,4!> 8/13/73 - 5 Mrs. Beal felt it would be to everyone's advantage to have more informat1.on and further study of the request prior to action. She moved seconded by Mrs. Campbell to deny the request to afford an opportunity for discussion with the Planning Com- mission. . Councilman Williams asked location of the subject property in relation to the ridge line, urban service boundary, etc. Planning Director answered that it lies within the Amazon drainage basin and sewers are available which can be extended to serve the property. Under normal circumstances, it is an area which fits criteria for annexation to the City. However, not knowing how this annexation might affect prop- erty farther west accounted for reluctance to annex prior to completion of the study. Further discussion centered on distance of the Subject property to the highest point of elevation on the ridge line, whether the annexation would be appropriate after completion of the study, cost to the developers if delayed, timing of presentation of the application. Manager explained annexation procedure when petitions are filed with the Boundary commission and when filed with the city. In this instance the petition was filed with the Boundary Commission in an effort to more rapidly effect' the annexation. Councilman Williams asked whether there were citLzens heard at the Planning CoI11I1lission meeting. Manager said there were two who opposed the annexation. They were notified of this meeting. Mrs. Beal reiterated her belief that there should be more time and information before making a decision which might be of some importance. Jean Smith, 5290 Saratoga Street, expressed concern with total lack of public . notification.' She noted owners of property immediately adjacent to the Breeden prop- erty were not aware annexation was under consideration. She also expressed concern about building in the area Until after completion of the South Hills study because of potential problems with drainage, slope, etc. Mr.Unruh explained that the property has just been assembled and annexation was de- sired this fall to give an opportunity to build model units in the $15,000 to $20,000 range for display over the winter months. Construction could then start in the spring. He felt the market unique, one needing to be filled, for people desir- ing a home without maintenance responsibility, people whose incomes are more or less fixed. Proceeding this fall, he felt, would also give opportunity to avoid rising interest costs. Mr. Unruh noted that the annexation if considered on its own merits would be appropriate. He could see no substantial harm in annexing before completion of the South Hills study. He said contact was made with owners of neighboring prop- erties to explain the planned development. John Fair, 5335 Saratoga Street, president pro tem of the South Eugene League, expressed concern about resulting density and doubted that units in the price range proposed were suitable for the slopes in that area. He also doubted whether, from a legal standpoint, there could be restrictions on sale of the units to a certain <<I category of people. He also favored completion of the South Hills study prior to action 'on this request. I Councilwoman Beal urged denial until further discussion and opportunity for public hearing with ample notification. Councilman Williams was concerned about the motion to deny and refer to the Planning Commission, suggesting rather a motion to hold over to give an opportunity to study the Commission's minutes so as not to give the Boundary Commission the Council's position as being either against or in favor of annexing the property at this time. There was some discussion on proper motion in order to convey to the Boundary Commission the Council's desire that no action be taken at this time, thereby giving an opportunity for further consideration. At Mayor Anderson's suggestion, Mrs. Beal substituted for the motion, seconded by Mrs. Campbell, that the Boundary Commission be asked to take no action at this time because the Council wants to make further study of the request. Councilwoman Campbell asked why people in the area were not notified the annexation was being considered. Planning Director explained that the request was filed with the Boundary Commission and their notification procedure is not known. If it had been filed with the Planning Commission, the regular notification procedure would have Camm been followed. 8/1/73 ~- :Pul:> Hrng ',-~ Vote was taken on the substitute motion as stated. Motion carried, all voting aye except Mr. Hershner abstaining. --- -~--_._-_.-.-- -. --- . -----~.- ~ ~- - --- ~~"- --"_. --.-" ---.--- .-._------ u____. ~-------- Tabled by the Boundary Commission at its August 2, 1973 meeting. It was understood the hearing on this annexation would be postponed to the August 27, 1973 COlli~cil meeting. " >!'.. 2.4' 8/13/73::: 6 I D. Bids - Public Works 1. Construction of Airport Access Road, Mahlon Sweet Field - Opened July 31, 1973 Contract FAA Cost to Amount - Bidder Cost Participation City Budgeted __ Wildish Construction Company $ 90,251.35 $73,565.46 $14,547.44 Eugene Sand & Gravel Company 128,683.55 2,138.45~t: $.53,117.4,0 $73,565.46 $16,685.89 . * Paving parking lot for Eugene Aviation, Non-FAA participation Completion Date: October 15, 1973 Public Works Director reviewed the bids received. Award was recommended to the low bidder, subject to FAA approval",a condition of receipt of grant funds for the project. Councilman Keller questioned the City's paying the cost of paving the parking lot. Public Works Director explained that the City is required to provide space for park- ing autos at some location other than on the aprons. Mrs. Beal moved seconded by Mr. Williams to award contract to the low bidder,'subject to FAA approval. Rollcall vote. All councilmen present voting aye, motion carried. 2. Improvement Projects - Public Works (Opened August 7, 1973) .. ..-- Cost to> _.~_c~~_r- .. ~::l~. of !h!~,~~ a~d ?Tojt.:t Ccntract Cost A~utti:lg :r,:)p'- C~st, to City Bu.!~.::e~ l'.\V:SG f=:J::~:;\:.e~ ....,y: '::--ln~-;;;:::i~.~ ,...k f:~,. Ha<vuJ Dri"e to L~S: at P~~~t Av~r.~~ (,56) S:hocl Disc. 4J 1. De\'HCJax ~ Pu:t.......... ....................$ Z,598.50..:....... ...... ...... ...$1.~~9.:5...................... .S1.449.25............. ..0 2. ~l:Jls~ C~=stru~tlon Co~?any..;...............$ 2.966.85 CO~~_ETI~~ D~TE: S~rte~ber :t :973 --- - ------ --...- - - -- ---- ---- --- --- - - - ~ - -- ---- ---- -- ---.--- ,A:;::ARl 5(~;:R: ., , ;~'---r~--..~". between CJ=Jlell"t Or1\'e anc 9C.j f~et \iest 0": C.:ll1d:t!li.;ht DriVe :r~= lcJ ft, ~"rth :0 160 ft. South of ROYJI Aver."e (927) 1. Sh":-'....j' C""tractors. Int.....................S13.814.35..............tat........S 0.043/sq..c.............. .S4 137 60. 0 2. K"~,=~t) R. llostic.. CO~.5truct1on CC't:~OIny......,S1S.~211.00 tevy.......S O.OOS:sq.ft. . , ' .............. 3, ~llJis' C"~stru~tlon C'~,~ny..................$25.:20.00 COY~-:ETICS DATE: ~o".~ber 1. 1~;3 ---------------------------------------------------------------------------------------------------------------------------------------------------------- !:.)~.~ sr...r:R: o. .ithi4 A11e~ P~rk (9:0) 1. ::or:;.ln Gr~e~..................................$ 4.314.00........................... ...0......... ..'.......:... ....S4.314.00...... ....S} CC;)'.CO 2. Sh~:~..y C=~cr~ctors, :nc.....................S 4,470.50 . ), ;;1:~ B~=s. Exca':at!on...............,.........S 5,155.72 ' 4. Ke::eth R, Bost!:" CO::5tructic~ Co::?any.......S 5,221.0C 5. i:!l~is::' Cc::struct1o~ CO~rany..................$ 6,C29.00 :OX;-ETIC~ DATE: October 1;. 1,73 ---------------------------.-.~--.. -._, .-----..~ .- 1-----. --~ .__ __.______._______ .. -- - - . . .. ,;...' - 411 Public Works Director reviewed bids re;~ived. Contract a~~rd was ~~commended to the low bidder on each of the proj ects. '_ ._ , , Mrs. Beal moved seconded by Mr. Williams to award contracts as recommended. Rollcall vote. Motion carriedy all councilmen present voting aye. Introduction, Alice Rutter, Community Relations Officer - Announced by the City Manager. " II - Consent Calendar Items acted upon with one motion after discussion of individual items if requested. Previously discussed at Committee meetings on July 25_ (Present: Mayor Anderson' Council- mAn Beal, Williams, Hershner, Campbell, Keller, Murray (arrived later), and Wo~d) and _ August 1, 1973 (Present: Mayor Anderson; Councilmen Beal, Williams, Hershner, Campbelr; Keller, Murray, and Wood). A . Extension , compliance" wi thF1.re Sprinkler-System Requirement, Buildings on Eucjime Mall, ,A requirement adopted as part of the total urban renewal plan for the Downtown Mall ' 'was installation of sprinkler systems in buildings facing on the mall to compensate I lfor inability of fire equipment to approach the buildings from all sides. General . ~, Icompliance has been achieved, however there has been some lack of compliance. The .. !Building Department wi th the Renewal Agency studied the si tuation and recommended i '~a one-year extension of the deadline for compliance. OWner of each property lack- :ing compliance would be contacted in an effort to resolve individualp~lems. . J :Development of some of the buildings makes sprinkler ins~aJl?tion unfeasible, on :other buildings financial decisionshave-not-been'-made. If at the end of the exten- ; :sion period the problems are still unresolved, each situation would be treated I lindividually. ; Comm , 7;/25/73 :Mrs. Beal moved seconded by Mr. williams to grant a one-year extension. Motion Approve : carried ug~!.lil!lOusly. ~..::.;...../'. to" . ..~:...._~.,,""" ". . ~~_... ,-2;:$0 8/13/73 - 7 -.-- -~- -- - - ;- --.. , - B. City Payment, Lane County Auditorium Association - Billing was. received from the !Association for $7,255.08, representing one-half of the final bill for architectural ip1anning services for the auditorium. A balance of $2,295.40 remains in the appro- priation from Room Tax funds allocated under the contract with the Association. -- :It is proposed to make up the deficit from the balance of some $22,800 remaining 'in funds allocated from the Room Tax revenues for other LCAA purposes. Manager said the charges are justified and recommends payment as proposed. ,In answer to question from Councilman Williams, Manager said there would be no future ;commitments of any of the remainder of the $22,800. Councilwoman Campbell commented that there is no question of whether the payment should be made under the contract ;with LCAA, only with regard to which funds would be used. Manager answered affirmatively Councilman Hershner's question whether the funds,~re now available. And Councilman Murray's that the $7,255.08 payment will meet all existing obligations to LCAA. Councilwoman Campbell said that Lee Bishop, president of LCAA, would appreciate a :letter from the City terminating the contract. She added tha t all LCAA records are i 'to be housed at the City Library where they will be catalogued and available. ; Comm ! 7/25/73 Mrs. Bea1 moved seconded by Mr. Williams to approve the payment as recommended and Approve terminate the contrac~ with LCAA. Motion carried unanimously. C. Liquor - Licenses' - New Outlets '. l. Mini Mart, 2920 West 11th - Package Store Class B - John and Betty Nix ,e 2. 7-11 Food Stores, 588 West 7th - Package Store Class B - Leondas and Frances Jarnagin 3. East Broadway Pizzeria, 652 East Broadway - Retail Malt Beverage Class C - Theodore Chudy / ;OLCC reports have been received. Staff has no objection, and affidavits of non- ;Comm discrimination have been filed. 71;25/73 Approve ,;Mr. Williams moved seconded by Mr. Wood to recommend approval of the applications. ( \Motion carried unanimously. L D. ,Field Burning - Councilwoman' Bea1 asked Council authorization to write to the Department of Environmental Quality requesting a reduction in field burning : I , quotas. She felt many citizens had stopped registering complaints about the ismoke because of the impression they had that it was useless. She thought the: !Council should express constituents' feeling to the DEQ. Comm ! , 8/1/73 : Mr. Williams moved seconded by Mr. Wood to authorize the letter as requested. i Approve : Motion carried unanimously. ~ Councilwoman Beal reported no response from the DEQ with regard to correspondence on . smoke from field burning. She asked staff to write a followup letter because of the extremely irritating smoke conditions of recent days. It was understood another letter would be written. E. iiIqrlorL1.c:ense-:"-j:'li FbodStore', '588 West '7th - l'uithorlia-tion was reque-steCi' to ;re1ease prior to August 13 Council meeting the favorable recommendation given !this license at the July 25 committee meeting. Applicants desire to have the 'application in time for Liquor Control Commission consideration at its August 2 'meeting. Comm 8/1/73 iMr. Williams moved seconded by Mr. Wood to release the application as requested. Approve Motion carried unanimously. F. Preliminary Lane county solid Waste Management Plan - Copies of the Plan were previousl~- distributed to Council members. Wallace Swanson, chairman of the County's Solid Waste ;' Management Advisory Committee; Al Driver, Lane County director of public works; and / ,Bruce l!~~l_e.y,-___~n charge of solid waste ~nagement _for Lane County were present_ ~o ex- / -plain the Plan and respond to questions. Manager said that Mr. Swanson indicate~ it was not the intent of the Advisory Committee that the franchise proposal be \ :adopted, rather that it be considered as one alternative for a collection system. . I :Manager also noted change which would occur in the present method of licensing a :large number of individual collectors within the City should the franchising proposal, ibe adopted. 'Mayor Anderson commented on the excellence of the report and manner in which it was written to make technical matter easily understood by the layman. 2.51 8/13/73 - 8 ~ Copies of summary of the Plan were distributed, including current studies being undertaken by the Advisory Committee and request for co-operation in seeking a new sanitary landfill location. Mr. Driver recognized efforts of the Advisory Committee and staff people in preparation of the Plan. He noted critical problem areas - e location of a new landfill site and method of financing solid waste disposal. He said hearing on the Plan is scheduled before the County Commissioners on September 5 and input and recommendations from various cities throughout the County as well as the general public would be desirable. Mr. Swanson explained purposes of the Advisory Committee and its role in preparing this preliminary plan. He noted Eugene's Charter provision prohibiting franchising of garbage haulers and suggested adoption of the Plan with the exception of the recommendation for franchising solid waste collection. Mr~ Bailey described the preliminary plan as a realistic guideline for future de- velopment of $olid waste management. He felt it was flexible to allow for rapidly changing technology, management, and financing methods. The Commission is now evaluating sites in order to have choice of two sites available by October to meet criteria for filing application for grant funds from the Environmental Protection Agency. The preliminary Plan has been endorsed by the DEQ, and EPA has indicated favorable action. Councilman Williams was not aware of the Charter provision requiring licensing pro- cedure for collectors rather than franchising. Mayor Anderson felt it better to . consider only whether the Plan would be endorsed before turning discussion to method of collection control. Councilwoman Beal wondered whether at some future time separation of trash for re- ,>, cycling purposes would be made an obligation of home owners. Mr. Swanson answered that it would seem a long way off. However, separation at collection sites is one facet of an EWEB study now in progress. In answer to Councilman Keller, Mr.Swanson said the proposal to consolidate disposal sites, allowing for collection from rural communities to be transported to a central location, was determined economically feasible except from Florence and Oakridge. Mr. Bailey said it was felt if a regional program were started, providing for financing, recycling, and sophisticated treatment, then collection from rural communi ties would fi t in very well. Mrs. Beal asked about the recent publicity given to suggested use of ravines for landfill sites. Mr. Bailey cited problems with soil, drainage, etc.; that must be taken into consideration when selecting a proper site. He thought the DEQ would not look favorably upon the type of sites suggested. Mr. Wood wondered whether Florence could work with other areas along the Coast rather than transporting its solid waste to this metropolitan area. Mr. Driver answered that inquiries have been received from Douglas County in that respect but there has been no detailed disciussion. . Mayor Anderson suggested referral of the Plan to the Garbage Board for recommendation, at the same time starting a procedure whereby Council could receive more information and decide action it wants to take. Manager suggested scheduling hearing on the Plan itself at the second Council meeting in August which would be before the County's September 5 hearing and allow an opportunity to clarify the question of licensing vs franchising of collectors. Councilman Hershner wondered if staff at the same time could provide information with regard to Charter restrictions on franchising. Manager replied that information "'- on general franchise restrictions could be supplied, he was not sure whether informa~~ tion would be available on alternatives. Mr. Swanson explained the Charter provision which states any citizen can call any garbage collector for service. wi thout remOval of tha t amendment a franchise ordinance cannot be enacted. Removal takes voter ap- proval . If franchise procedures are recommended, they can be granted either as ex- clusive rights or by franchising several collectors with partic~lar areas of operation designated. In any event, two or three years would be necessary to work out details. ~ Mrs. Campbell said it was her impression the garbage haulers work out areas of col- "" lection among themselves. Mr. Swanson answered that the Garbage Board with co-opera~ion Qf_thehaulers work out areas of operation to avoid duplication of ~e~vic~~. -~j ~Mr. Wood moved seconded by Mrs.Beal to refer the Solid Waste Management Plan to the . ;Garbage Board for recommendation, directing the Board to give some recommendation Cornrn 'also with regard to franchising vs licensing; set public hearing on the Plan for 8/1/7 3 ;August 27, 1973 Council meeting; and ask staff for clarification of legal restric- Approve , tions with regard to franchising. Motion carr.ied unanimously. GJ Contract, Joint Sewage Treatment Plant Expansion, Eugene/Springfield - The Regional ; Sewer Study Committee in trying to develop a contract for a regional sewer system , became involved in the question of future of Eugene and Springfield sewage treat- I ,~menJ; J~,l~JltS shQEld_areg~9n..al:-.E.Y~rnbe i,!!IPll!!!!~~,f!.~~H,__EulJ.~ne_~nd. ~pri_ngfield staffs 2.~2 8/13/73 - 9 . in conjunction with the Regional Committee have developed an agreement with Cornell, Howland, Hayes & Merryfield to analyze future demands on both plants, future expan- sion capabilities, how they will fit into a regional concept, etc. The contract price is $39,000 - one-third to be paid by the Springfield utility Board, which has given approval; two-thirds to be paid by Eugene. Staff feels that in view of more A' stringent requirements for sewage treatment in the future, the information developed '. by the study will be needed regardless of whether a regional system is created. Authorization of the contract was recommended. Mrs. Beal moved seconded by Mr. Williams to authorize the contract as presented. Mayor Anderson inquired about progress of the Regional Sewer Study. Manager replied that it is being made in two phases - one is exploration of contractual arrangement under which a regional system would exist, the other ,-'this' study wi th regard to treatment plants. One is dependent upon the other. Councilman Keller recalled the contractual arrangement for joint study provided something about organization for operation of a regional system. Public Works Director answered that this study does not cover that aspect. Councilman Williams asked whether Councilmen Keller and Hershner as members of the Regional Committee recommended expenditure of $39,000 for the purpose outlined. . They answered in the affirma ti ve. Comrn 8/1/73 , Vote was taken on the motion to authorize the contract. Motion carried unanimously. Approve H. Abatement, 2560 Chambers Street - Structure which burned has not been cleaned up tit even though contact has been made with the absentee owner.' Abatement was recommended. Comrn Mr. Williams moved seconded by Mr. Wood to schedule pUblic hearing. Motion carried 8/1/73 unanimously. Approve I. Sale, EWEB Property at Storey and Crest - Authorization was requested to sell 40'x60' surplus EWEB property on Crest Drive east of Storey Boulevard to Howard and Ardis Comm Buford. Staff recommends sale of the property. 8/1/73 Approve Mr. vlilliams moved seconded by Mrs. Beal to authorize sale of the property as recom- mended. Motion carried unanimously. J. Bicentennial Observance - Hugh Hall, acting director of the National League of Cities, requested that the City engage in a "Bicentennial.Communities" program, which would fit in with any County or State celebration in 1976. Three areas of observance are stressed if participation is to be meaningful - Heritage (to develop public apprecia- tion of the significance of historical places and things), Festival (to involve citizens in cultural activities which demonstrate our cultural achievements), and Horizons (to involve citizens in re-establishment of future community goals). Council guidance f is requested to determine whether the City wants to be involved. ,1__ I ICouncilmen Hershner and Keller were in favor of the City's particpation in the program./ Mr. Hershner said any move would help in light of the present national political situation. Mr. Keller commented that there wouldn't be another opportunity for him to celebrate a bicentennial.' Councilman williams applauded the two councilmen's volunteering to serve on a bicentennial committee. Councilwoman Campbell suggested that hiring a co-ordinator for any effort in this direction would be a proper expenditure of City funds. Mayor Anderson said the re- quest was submitted to determine the degree of the Council's willingness to support the American Revolution Bicentennial Commission's program. He said he would sign an application to the national organization for inclusi~_f Eugene as a Bicentennial :City.- ItwiT1Tnvolve expenditure of City funds for promotion, festivals, exhibits" etc. Funds could also be solicited from'the private sector. Comrn Mrs. Beal moved seconded by Mr. Williams to authorize application to the American.S/1/73 Revolution Bicentennial Commission for inclusion of Eugene in its Bicentennial Approve : Communi ties program. Motion carried unanimously. l K.Liquor License, The Stable, 2285 West 11th Avenue - Application for Class BDis- pensers license submitted by Cliff and Fairy Cook and Lois Hurt. It'is a new outlet tilt 'intended for a night club type operation. Staff review indicates no negativ~ recom- '",-~ mendation although there will be inspection of the building to house the operation, yet to be constructed. Manager said the Building Department reports the operation . ., 1 'h 2 'h' h ' t' 1 t d Comm ~s a perrruss~b e use ~n t e M- zone ~n w ~c ~ ~s oca e . I / / ' 8 1 73 . ' 1 f th I' It' ,Approve Mr. Will~ams moved seconded by Mrs. Beal to recommend approva 0 e app ~ca ~on. I 'Motion carried unanimously. 2.. S 3 8/13/73 :;; 10 , 1 L. Minutes, July 9 and 23, 1973 Council meetings - As circulated Approve M. :Solid Waste Management Plan - Copies of LCOG preliminary management plan for' \ . :Solid Waste Disposal were distributed to Council members. Manager called atten- \ !tion to the sununary of reconunendations and implementation activities and schedule.; ':He noted one item specifically affecting the existing situation in t{1e City - the:' ;reconunendation with-regard to franchising solid waste collection service rather I 'than the present system of licensing a large number of individual collectors. It I Comm ;was suggested the Council may wish discussion of this recommendation to provide I la basis for input to the County at public hearing scheduled early in August. 7/25/73 ;It was understood the item would be scheduled for discussion at conunittee on Affirm : .A.~gu~~_~~??!..:.._,____, __ _, ~.-.. .,'-.. - - - ~:--.--_.._.._-..- . '.~. ---__' '0 _ ..- .--.-..,. . -,- -,-... ...~ -, -'.-.~' ~~ _.~.~-~ ." ._'-- --~.__.. N. Paving Alley Between 13th and 14th, Ferry to Patterson - Councilwoman Beal agreed \ to adoption of initiating ordinance for this project at the July 23, 1973 Council meeting if a report were brought to this conunittee meeting with regard to owner- ship of properties which would be assessed for the improvement. Manager reported that properties abutting the alley on both sides are conunercial or apartment ownerships with the exception of one single-family residence occupied by an elderly lady for whom the assessment would probably create a hardship. Mrs. Beal was asked whether she preferred proceeding with the project now, or holding action until the August 13, 1973 Council meeting. She said she preferred holding the item. She fel t assessing this one person was not warranted in view '. of the time lag in Council consideration of a proposed change in assessment pro- cedure to help people in instances such as this. - Councilman Williams noted funds included in the budget to pick up assessments on a deferment basis in hardship cases and felt this situation could be handled when the assessment cost is resolved. Manager agreed but said the qualifications for deferral have not yet been determined, and any change in policy will require a change in the City Charter which may not be approved by the voters, even if accepted by the Council. Real problems would be created in other assessment areas. He conunented that proceeding with the engineering would not create assess- ment for this project until next spring or sununer, so there would be opportunity to provide relief for this particular property owner. Councilman Wood favored proceeding with the project, with the hope that the assessment in some way could be deferred. He felt it unrealistic to delay each project that posed a problem because of assessment procedure. Councilwoman Beal reiterated her belief that some method is necessary to relieve hardship cases of the burden of assessment for improvements benefiting co~mercial or multiple- housing interests. She said unless it is stopped at some point there appears to be no way to get adjustments to the assessment procedure. She noted it had been more than a year 'since a conunittee was appointed to work out change in the pro- . cedure, and said she would continue to say "no" until something was done. Councilman Keller asked about the footage involved, and whether owners of other properties abutting the alley had been approached to see whether they would contribute funds to pay the assessment in question. Public Works Director estimated $400 for a 50-foot frontage belonging to the lady involved. He fel t that even if the proposed assessment formula were adopted there would be only about a $70 reduction. He conunented on the severe maintenance problem and ex- pense involved with this alley and said the estimated assessment did not seem unreasonable in view of the high land use and assessed valuation of properties on the alley. He added that having had contact with property owners who have been dissatisfied with the City's maintenance program there would seem to be little chance of donations from them to pay the hardship assessment. Comm 7/25/73 It was understood that in view of Mrs. Beal's wish to defer (resulting in lack Affirm of unanimous consent for second reading of the initiating ordinance at the July 23 meeting) the project would be held over for action at the August 13,1973 .CQ<<VQiJ, m~etjng. +____ .:. __ _ _ ~_.._---1 .'........ o.Appeal, Planning Commission Decision Not To Consider R-2 Zoning Request, Earl Green, ,Centennial and Kins Row - Planning Conunission denied consideration of R-2 zoning re- ,. quest from Earl Green on property east of Centennial and north of Kins Row. The denial was based on the similari ty of the application to that before the Conunission :in April of this year in view of the zoning ordinance requirement of a one-year ;interval before reconsideration of a rezoning application. The decision was appealed, ~to the Council by letter dated July 18, 1973. However, it was understood the matter Comm iwou1d be taken back to the Planning Conunission and City Attorney prior to further ,7/25/73 !consid_~!at~9!2j?_y the Council. Affirm .---_-......-..---.------~-;.,..-._.,-.' --'-'-'-'--'-~-- 8/13/73 - 11 ..~~ p .1Ji;sEing Warnings, Swimming Pools - Councilman Wood wondered whether' it would be ~ " possible to post warnings with regard to possibility of ear infection from swim- \ ,ming in the City's poo~s. Manager said the problem had come to staff's attention . :and several doctors were asked about it. Ear infection is not an uncommon problem~ ,with children swimming often. Some children are susceptible to the infection from' the combination of chemicals and bacteria in the water. However, it is not a serious problem and can be easily cleared away. Parks Department has been asked 'to prepare a news release to make parents aware of the'situation. Posting at Comm , pools has not been discussed. It was understood it would be taken up with staff 7/25/73 i File to ensure parents' awareness of the problem without creating a panic situation , wi th regard to the swimming pools. ; Q. Picnic, International Co-operation Committee - Council was reminded of potluck Comm picnic at Skinners Butte Park on Tuesday, July 31, 1973, 6:00 p.m. The picnic 7/25/73 lis for 12 Japanese students and their sponsor to which the Mayor and members of File the Council and families are invited. R. Request for Permit to Operate Permanent Garage Sale, Stathakis - Manager explained staff's position with regard to previous request from George Stathakis for per- mission to operate a consignment-type sale of used merchandise at 350 VanBuren Street. The zoning ordinance provides for operation of an auction house at that location and Mr. Stathakis has obtain~d an auction license from the City. However, State law requires licensing of both auction mart and auctioneer plus bonding, which process would take a minimum of two weeks. The zoning ordinance does not allow operation of the business at that location for sale of used merchandise as . proposed. Rezoning the property or amending the zoning ordinance to allow the operation at that location would take from six weeks to two months with no assur- ance at the end of that~.tiJ!le that the action on the requests would be favorable. Manager said there appears to be no alternative at this timealTow1.iig Mr. Sta- thakis to operate in the immediate future without following one of the procedures outlined. John Watkinson of the City Attorney's office was introduced for re- sponse to any questions. ~==-,=- ~ Councilman MUFr~y arrived at the meeting. ~--/ ---=~-'---"""'-~._- Councilwoman Beal asked about possibil--i.ty_ of amending the zoning ordinance to provide for a conditional use permit under which Mr. Stathakis' operation could be carried on, and whether there would be a fee for that type permit. Manager explained the procedure and time necessary for an amendment. Planning Director said the fee would be $75. He added that there has been no discussion of this in the Planning Department other than to identify the zone in which the proposed operation would be. Mr. Stathakis felt his operation would not come under the category of selling used merchandise nor that it would be an auction since he was taking goods on consignment to help people dispose of unwanted items. He felt it would be a .- service to the qommunit~: Councilman Murray commented that it seemed to be a matter of initiating some process, however slow moving, in order to give the matter consideration. Manager reviewed the previous explanation of the situation for Mr. Murray's benefit. Councilwoman Campbell wondered whether a licensed auctioneer could be persuaded to help Mr. Stathakis on a temporary basis. Mr. Stathakis felt that would add to the expense of the operation and would be contrary to the type of operation intended. There was further discussion with regard to possible avenues through which the proposed business equld be operated, with Mayor Anderson finally limit- ing discussion and suggesting that Mr. Stathakis enlist the service~ ~f Legal Aid - for advIce. As it now.s-tands -Enere appears to be no alternative to the legali- , ti es invol ved . Councilwoman Beal asked if any City regulations would prevent the operation as proposed if Mr. Stathakis meets State requirements for an auction house. City Attorney answered that the City ordinances cannot be avoided by simply changing the name of the business from sale of used merchandise to auction house. If :items are not auctioned but used merchandise stored and presented for sale then . it clearly comes under used merchandise statutes. So far as the zoning is con- 'cerned, he said, Mr. Stathakis has been aware of that restriction for some time Comm :and the ordinance cannot be interpreted to allow the type of operation proposed. 7/25/73 'City Attorney continued that he has urged Mr. Stathakis to go to Legal Aid for File ,assistance and would repeat that suggestion. The discussion was ended with Mr. Stathakis' commenting that if the auction house were permitted by the City if he met State requirements he would proceed on that basis. - ~-- /""'/ " 2.55 8/13/73 - 12 " s. :Status Report, ~outh Hills Density and Ridgeline Park StuEJi. - Jim Saul, planner and;) project director for the South Hills study, outlined the purpose of the project _ ,to investigate the feasibility of a ridge line park and gather data on which to base " ~, recommendations on density levels in the South Hills. A land use inventory in the ' ~ area has been completed. Contract was made with the University of Oregon to identify natural conditions - geological, hydrological, soils, vegetation - to determine po_ tential development hazards in terms of visual appearance and to point up any special! ' , I area which would be considered unique and important to preserve. Mr. Saul displayed i , f slides of the major ridge line running from east. to. west taken as seen from the area' cr itSelf" aner-as seen from "the northern -part oii:he-cTty~-- He ais~ silOwe-;Tpi-a.'tes q,- indicating results of the study as they relate to evaluations of geological forma~: ,tions, degree of slopes, ridge lines, hydrological features, vegetation, and a composite showing degree of visibility of the ridge from the City. The study is considered about two-thirds complete and is producing certain factual information, ,the combination of which will give a rational basis for decisions on development in that area. I i : :,Councilwoman Campbell pointed out that ultimately the information gained will , ',;lead to establishment of an urban service boundary in that area. \ Comm i 17/25/73 ":Mayor Anderson asked the time schedule for completion and whether another status \ File ::;report was planned prior to finishing the study. Mr. Saul felt the project would Ii ':be completed and ready for recommendation to the Council by the December 1973 dead- ':- ~jline. He anticipated another summary in September. He added that the report was ,/ ~ / '. :recently presented to the local chapter of AIA, and presentation to ther civic ~,/ , igroups is planned in the near future.__ l ~. _. _ ._.. ". ._. T. Left-turn Pocket, 18th and Oak Patch - Copies of memo from Traffic Engineer were Comm previously distributed to Council members stating investigation indicates presen~ 7/25/73 traffic volumes do not justify a left-turn lane at that location. Council had; File 'requested the review. r '_,_,- '--_' ,',.-~(:> '," ;,-"",J '''.'-'-''''.'C'-,'' U. Environmental Impact Statement, Highway 126 - Letter from F. B. Klaboe, State High- way Engineer, was read wherein he stated the State is one to one and a half years away from preparation of the impact statement on Highway 126. Research assistant , ".' has been ,assigned to compile background data which probably accounts for the mis- h understanding prompting City's question about appointment of local committee to ' ,work with the State's team. I Councilman Murray wondered about the timing of the impact statement in view of the ;ESATS update. Manager said the ESATS information would give projected movement ;needs from point to point and suggest quality or level of facility to meet those Ineeds whereas the impact statement would concern itself with the desirability of ,Comm ;a particular project at a particular location. Public Works Director added that ; 7/25/73 -,much of the information produced in the ESATS updating would provide a basis for , File r.:;; , ~ lenvironmental impact statements themselves, so that that work should be completed i ibefore the statement is undertaken. \ , \ , I V. iInquiry re: Purchase South Willamette Park Property - Council previously requested linvestigation of possible purchase of Lutheran Church property on Willamette be- : Comm Itween 37th and 38th for open space land. Manager reported that the Parks Depart-7/25/73 ~ent has been in contact with the owners and a program will be brought for Council File iconsideration should a feasible one be developed for purchase of the property. \ I I w. iHistorical Preservation Committee - Mayor Anderson said he had appointed a committee,' Comm ias previously requested by the Council but that reSponse from those chosen has not ,7/25/73 ,~yet been-received. Councilwoman Campbell was requested to chair the committee. , File ' , ,~.-~~IO<.;"~.:i.~,j:''';.>'~-. .~-- . -.-_~. . _u.,,"" ~_....,_ ...._'"_."~..._.._. __,,~.__..____ X. ,Picnic, International Co-operation Committee - Councilwoman Campbell commented 'on the picnic honoring the twelve Japanese students and their sponsors given " !by the International Co-opera.tion Committee on July 31. She felt the City Comm ;should recognize the efforts of the sponsors - 4-H Clubs, International Cpm- 8/1~73 !mittee, and 'others involved in welcoming the students. ~ayor Anderson said Flle .1e,tte!E;_~uid be ~~1Jt~o Ruth CarsoE_~a11..c!, to JO'/!3ro':2gher.,.,_. . Y. ;Rezoning from C-l to RA area on Echo Hollow between Concord and Knoop - City , .. i Attorney advises a joint meeting between the Council and Planning CommiSsion may \ : be held wi th regard to this rezoning in view of Council's disagreement wi th the Comm ~Commission's recommendation, so long as all interested parties are provided an 8/1/73 ;opportunity to attend and be heard. The joint discussion is tentatively scheduled File _f2.F Atl_gLl.~t:,_ 2p____(jt:_t}~.~ ---~~~~_,_Irl_f?~t;;:!:12~,_~f__t;12_e..._ ~J-al?!l'!l!g _CC)~i!3.f3. i.Qr} .'..:, __ ,_______,___~.--.--/ "2. Sa b 8/13/73 - 13 I ...--- --, ,'-'" - - . '-- '. . - . z. ,Us'e of Budgeted Funds, Housing for Elderly -Joint Housing Committee invites' PrOPosals/ outliil~ng spec~fic programs or proposals for use of the $150,000 budgeted by the City' to ass~st low-~ncome elderly people in their housing needs. Recommendations ShOUld~ Corom, . be forwarded to the Planning Department by August 10 to allow preparation for easy 8/1/73 review by the Joint Housing Committee at its noon meeting on August 21, 1973. ,I File I AA. Teleprompter Ground Satellite Receiving Station - Clyde Kelley, cOmmunity relations ,director, issued an invitation to the Mayor, Council, and staff on behalf ofiTele- prompter .ca~le TV to an open house to view their Ground Satellite Receiving Station.': Comm The affa~r ~s scheduled for Wednesday, August 8, 5:00 to 7:00 p.m. :' 8/1/73 File Mrs. Beal moved seconded by Mr. Williams to approve, affirm, and file as noted Items A. through AA. Rollcall vote. All councilmen present voting aye, motion carried. III - Ordinances Council Bill No. 365 - Paving alley between 13th Avenue and 14th Avenue from Ferry Street to Patterson Street was adopted on July 23, 1973, subject to unanimous consent after report on assessment to abutting properties to be presented at July 25, 1973 committee meeting. Lacking unanimous consent after that report, the bill was brought back and read the:,second;:'timec_by: council bill number only;,::.thelie being_no_cbuncilman-_present-requestlng that:=it2be-r.ead ~iii,full.-- Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. . Rollcall vote. All councilmen present voting aye, except Mrs. Beal voting no, the bill was declared passed and nwnbered 16900. . .\Council Bill No. 366 - Adopting plans and specifications for paving alley between 13th Avenue and 14th Avenue from Ferry Street to Patterson Street was adopted on July 23, 1973, subject to unanimous consent after report on assessment to abutting properties to be presented at July 25, 1973 committee meeting. Lacking unanimous consent after that report, the bill was brought back and read the second time by council bill number oniy, 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 councilmen present., voting aye, 'ex€ept~..Mrs. Beal voting no, the bill was de- clared passed and numbered 16901. IV - Resolutions Resolution No. 2208 - Calling hearing August 27,~1973 re: Abatement, 2560 Chambers Street, was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- . ried, all councilmen present voting aye. Resolution No. 2209 - Authorizing sale of property at Storey and Cr.est to Howard and Ardys Buf~rd (EWEB) was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- ried, all councilmen present voting aye. Resolution No. 2210 ~ Authorizing payment of bills, claims, and progress payments for period July 23 through August 13, 1973 was submitted. ~ \ . . . Rollcall vote. Motion car- Mrs. Beal moved seconded by Mr. Wllllams to adopt the resolutlon. ried, all councilmen present voting aye. Resolution No. 2211 - Accepting bid for $2,064,315, General Obligation Warrants, was submitted. Finance Director reviewed bids received for the warrants and recommended accepting that of First National Bank at 5.9%. Manager explained that the money is borrowed to pay contractors for improvement projects which is then repaid by property owners. He noted the current interest from 7.0 to 7.2% on short term notes and 9% prime interest rate. . Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- ~ ,~ ried, all councilmen presen t voting aye. Council members were reminded of joint meeting with the Planning Commission at noon on August 20, 1973 to discuss rezoning of properties on Echo Hollow Road. Upon motion duly made, seconded and carried, the meeting wa~ne~ to August 27, 1973. A -~~, 8/13/73 - 14 2.. S, Hu /h McKinley,