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Home My WebLink About08/27/1973 Meeting Council Chamber Eugene, Oregon August 27, 1973 . Adjourned meeting of the Common Council of the city of Eugene~ Oregon - adjourned from the meeting held on August 13, 1973 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on August 27, 1973 i~ the Council Chamber with the following councilmen present: Mrs. Beal, Messrs. Williams, McDonald (left early), Hershner, Mrs. Campbell, and Messrs. Keller,'Murray, and Wood. - I - Public Hearings A. Solid Waste Management Plan Letters were read from Robert Deverell, chairman of the Eugene Garbage Board, and Wallace Swanson, chairman of the Lane County Solid Waste Advisory Committee, both recommending-adoption of the Solid Waste Management Plan except the franchising suggestion. They recommended no change in the present method of licensing garbage haulers in the City until it becomes evident a change is needed. Mr. Swanson suggested a system of licensing is needed for haulers in all of Lane County. Staff supports acceptance of the Plan with the recommendation that no action be taken on franchising garbage haulers in the City'until there is a demonstrated need and the City has an opportunity to evaluate its Charter provision prohibiting franchising of the haulers. . Public hearing was opened. Robert Deverell, 3000 Sorrel Way, said the Garbage Board has discussed the possibility of establishing some criteria to be met by those wishing to enter the garbage hauling business. At the present time anyone can haul garbage by obtaining only a license. He said there possibly should be shown a need for additional haulers before a new business is started. Bruce Bailey, 2613 Sharon Way, director of Solid Waste Management for Lane County, had no objection to the suggestion presented by Mr; Deverell. He saw it as a long- range goal and felt it would eliminate duplication and possibly higher rates in the future. He stressed the major purpose of the Plan is to exercise contr.ol over the entire County with respect to disposal of solid waste. Public hearing was closed, there being no further.testimony presented. Councilman McDonald asked if there were plans underway to franchise garbage haulers. Assistant Manager replied there were none, that it does not appear necessary at this time since a great deal of stability in the industry has been experienced since crea- tion of the Garbage Board. . Mrs. Beal moved seconded by Mr. Williams to adopt the Solid Waste Manage- ment Plan with the exception that no action would be taken on the recom- mendation therein with respect to franchising garbage haulers in the City. Motion carried unanimously. B. Annexation, area at west end of Huntington west of Donald Street (Breeden Bros.) Assistant Manager explained a possible misunderstanding with regard to whether public hearing was scheduled on this annexation at this meeting. He said all those interested in the matter were present and anticipated the hearing at this time, even though action taken at committee meeting scheduled the hearing for the September 10 meeting. It was agreed the hearing would be held, thereby allowing a City recommendation to be for- warded to the Boundary Commission for its September 6 meeting. Richard Unruh, 3225 Fillmore Street, representing the petitioners, called attention to the Council's indication at the time of authorizing the South Hills density and ridge line park studies that it would consider annexation proposals individually as they were presented. Be showed slides giving graphic illustrations of location of the property and surrounding development in relation to the City limits. He also displayed pictures taken both from inside the property and outside arid site plans, and distributed copies of statistical comparison between conventional subdivision and the proposed planned unit development. Mr. Unruh discussed the developer's proposal to cluster - dwellings on the property in order to maintain its present appearance, claiming the : proposed development would maintain property values at a level which would better provide suitable hous~ng for those with lower incomes. - John Fair, 5335 Saratoga Street, president of the South Eugene Residents League, Inc., read a prepared statement opposing the annexation, copies of which were distributed to Council members. The League was concerned with anticipated traffic problems on the perimeter of the entire South Willamette area and total traffic increase on routes to the downtown areas. They felt there' WQfuld be no great cost to the developers if this 2Se 8/27/73 - 1 annexation were delayed until completion of the South Hills studies at the end of this year. They objected to the proposed multiple-family type housing, wishing to retain the "rural" character of the area, and felt annexation of this property at this time -- would lead to other requests for annexations in the same area. Annabel Kitzhaber, 1892 West 34th Avenue, strongly urged no decision be made until ~~ completion of the South Hills density study. She thought results of the study would have implications on this property regardless of whether it was a part of the City, and that a delay until completion of the study would not adversely affect the property's development. Mr. Unruh said if time consideration was of no consequence, developers at this point would not be pursuing as it is a program of development and financing.. He added that the density limits imposed' during the study are much more stringent than any regulations apt to come as a result of the ridge line study. Public hearing was closed, no further testimony being presented. - . Assistant Manager noted that the Planning Commission had recommended annexation of the property, although not by unanimous action. Councilman Murray asked whether a zone change would be connected with the annexation. I Planning Director answered that it is now zoned RA in the County, there is no zone change at issue at this time. He added that services available to the property if it . were in the City would allow development whereas they would not be available in the County. Councilwoman Campbell not€d rejection of petitions for annexation of properties in the same general area in the past. She expressed concern about the effect of the South Hills density study on this property and asked whether annexation would interfere with I a proposed ridge line trail system. She was fayorably impressed with the plans for I the proposed development but felt approval of this annexation would not be consistent with action on prevQous annexation requests. Planning Director said that at this time there are no binding requirements that the property will be developed~inSaccordance with the plans pre~ented.Not until pre- liminary approval is given a planned unit development by the Planning Commission is -- there assurance of how a property will be developed. Staff is concerned also with effect of the density and ridge line studies on this property; there is no way at this time of knowing what that will be. Councilman McDonald expressed the opinion that delay would add to the cost of the housing proposed because of increases in cost of paving, sidewalks, sewers, etc. Mr. Keller noted that it was previously brought out that that cost would be passed on to the purchaser. Assistant Manager confirmed Councilman Murray's statement that the issue at this time is annexation only. The matter of development will remain unsettled ~. until considered by the Planning Commission if the area is annexed. In response to Councilman Wood, Jim Saul, planner, said the only data available at this time on the South Hills is ecological description. Other data has been collected but has not yet I been evaluated. Betty ,Niven, Planning, Commission member, referred to other annexations rejected and said they were denied because sewers ~ere not available. That situation does not exist in this instance. She said the Commission had recommended a moratorium on annexa- tions until the South Hills studies were completed, but the Council did not accept that recommendation and decided instead to consider each request for annexa~io~on its own merits as it came to them. For that reason, Mrs. Niven said, the Commission decided the Council should approve the annexation; if it were denied,. it would seem a mora- torium was really what was intended. -+ Mrs. Beal moved seconded by Mrs. Campbell to tran~mit the annexation to the _ Boundary Commission, stating the reluctance of the Council to take any posi- tion whatever on this or any other annexation in that area pending compl~tion of the South Hills "studie's. Councilman McDonald felt approval of the motion would place the Planning Commission in an embarrassing position because of the Council's previous action rejecting a moratorium ,- on annexations in that area. Mrs. Beal noted completion of the studies was expected in -....;; ..~ about four months and she didn't feel that length of time would result in serious hard- ship to the developer. Neither did she think the study could be effective if conditions under which it was made were constantly changing. Councilman Keller expressed opposition to the motion also. He thought the property would eventually be used for houses and that the plans presented were as good as any which might be presented after completion of the study. 1..59 8/27/73 - 2 Vote was taken on the motion as stated. Motion defeated, Councilwomen Beal and Campbell voting aye; Councilmen.Williams, McDonald, Keller, .. Murray, and Wood voting no; Councilman Hershner abstaining. e Resolution No. 2216 - Transmitting to the Boundary Commission recommendation to annex area at west end of Huntington Avenue between Donald Street and Willamette Street was submitted. Mr. Williams moved seconded by Mr. McDonald to adopt the resolution. Motion carried, Councilmen Williams, McDonald, Keller, Murray, and Wood voting aye; Councilwoman Beal and Campbell voting no; Councilman Hershner abstaining. . - C. Vacation of Easements 1. North side of Larch Street east of Larkwood (James-Doble) Recommended by the Planning Commission on June 18, 1973. Public hearing was held with no testimony presented. Council Bill No. 374 - Vacating easement on north side of Larch Street east of Larkwood Street was 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 passage. Rollcall vote.; All councilmen present voting aye, the bill was declared passed and numbered 16909. I 2. West of Conger Street north of West 10th Place (VanFossen) Recommended by the Planning Commission on June 25, 1973. Public hearing was held with no testimony presented. Council Bill No. 375~ Vacating easement west of Conger 3yreet north of West 10th Place was 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.qnd 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 16910. D. Abatement, 2560 Chambers Street Public hearing was scheduled for this meeting but postponement was requested because of advertising technicalities. Mrs. Beal moved seconded by Mr. Williams to postpone the hearing to September 10, 1973. Motion carried unanimously. , E. Rezoning area north of Willamette River' west of Valley River Center - From County AGT to C-2 (Valley River Center/Montgomery Ward) Public hearing on. this request was held at the August 13, 1973 meeting, at which time the matter was tabled until this meeting. Communication~fr'9m. .the Planning Commission was read indicating the Commission takes no position with regard to referring the Valley River request back to the Commission. However, the Commission wanted the Council to know that its original recommendation was based on considerably less in- formation than presented to the Council. Assistant Manager said the staff has not completed evaluation of the exhibits presented at the August 13 meeting. Councilman Hershner noted 'that the Commission statement, copies of which were dis- . tributed to Council members, was not signed, and wondered whether the Commission had voted on the language as it appeared in this communication. Planning Director said the motion as stated in the letter was the wording recorded and as will show in the minutes of the Commission meeting. He confirmed Mr. Hershner's statement that the I - last seven lines of the statement were voted upon by the Commission. (The statement: The Planning Commission has no recommendation to make with respect to referral of the Valley. River Center zone change request, but the Commission wishes the City Council to be aware that its original recommendation for denial was b~sed on considerably less information than was presented to the City Council.) 2"0 8/27/73 - 3 I Attorney Vern Gleaves raised a point of order, saying it was his understanding the public hearing was closed and no action was taken other than to table the issue. He said the applicant would object if the Council were going to seriously consider the Commission's statement, since the burden of proof rests with the applicant. tit He said the letter itself does not completely and accurately reflect what transpired = at the Planning Commission meeting, and if the question of referral is to be discussed the applicant has the right to be heard. Mayor Anderson_noted the point well taken and explained the quest~on before the Council is wh~!her the exhibits presented at the August 13 hearing should be evaluated by the Planning staff. He said the staff is being asked for additional information as to the merits of those exhibits. That ruling was confirmed by the City Attorney. . Councilman Williams sald he preferred proceeding with a decision on the matter rather than deferring for an opportunity for further staff evaluation. He felt the Council had received extensive testimony on the issue and had adequate information on which to base a decision. He sympathized with. the Commission's feeling that they should in fact be a referral agency which has detailed information prior to making a recommendation. Although he didn't support re-referral and didn't wish to reduce the Commission's role, he said it would seem an applicant for any zone change in looking at past Commission recommendations, General Plan indications for the area, at.tit. ude of neighbors, etc., I could conclude whether a reasonably accurate presentation,could.be,made. Then if Planning Commission action were contrary to what was requested, it would seem wise for an applicant to make the strongest possible case when the issue came before the Council. ~= He felt if a requirement of any zone change were that the exact testimony be presented .tIt to both bodies, the process would be slowed down considerably. He felt that making ~ a decision at this time on this request would do no damage to the Planning Commission's position but would most expeditiously resolve the issue. Councilman Murray disagreed, saying a rather serious breach in the processes involving the Commission and Council had occurred. However, he was in favor of proceeding with a decision at this time because he felt there was adequate information available and that further delay at this point would not be profitable to the City. Councilwoman Campbell advised she would abstain from voting, not because she wanted to but because of attendance at a Planning Commission hearing on the issue and the decis~on in the Fasano case requiring that Council members have no information on a zone change before it is heard by members as a body. Councilman McDonald said he-felt strongly a decision should be reached at this time. He said this was not the first instance where the Council had additional testimony after Planning Commission hearings had been.held. Councilwoman Beal said she was impressed with the presentation made and that she had __.no reason to think that any of it was not strictly reliable. However, she thought a __ '~'different interpretation might be gathered by those in the advisory capacity and that tit their experience and guidance should be used to the fullest extent. She referred to ~ Mr. Odell's statements with regard to the effect of the proposed additional commercial use on air pollution and said she had learned as a member of the Lane Regional Air Pollution Authority that the tests were estimates and did not satisfy the DEQ. She I said she would rather have the judgment of the Planning Staff in light of the evidence presented at this hearing. Councilmen Wood and Hershner favored proceeding with a decision at this time. Mr. Wood was satisfied any issue coming to the Council after hearing by the Commission would . be presented with different information and explored to greater depth. Mr. Hershner recognized the current period of rapid change in zoning laws as evidenced by the Fasano decision and statutes passed by the Legislature. However, he felt there had been considerable evidence presented and that it would be wrong to penalize one party be- cause ofa procedural concern. He suggested that if there is concern about new evidence being presented to the Council, then there should be review of the ordinances with the idea of prohibiting introduction of new evidence to the Council after a hearing before the Commission. Councilman Keller thought the Council was in a position to vote on the request. He felt it would be a grave er~pr to limit evidence being presented to the Council, since ~ any petitioner receiving negative recommendation from the Commission would be inclined ..,: to present a stronger case to the Council. ~ Mrs. Beal agreed with the points raised and recognized that the petitioner in present- ing evidence to the Council was attempting to answer concerns raised in the Commission hearing. She wondered what action the Council would take if evepy piece of evidence presented at this hearing were to be judged by the Planning staff and the Commission. She felt that evaluation important in the sense that this rezoning request could then be judged in the light of planning for the community as a whole. ~~I 8/27/73 - 4 Councilman McDonald wondered who had the resonsibi~ity for deciding what type of buildings would be put on the property should the rezoning be approved. Mayor Anderson e answered that development of the property would then be subject to planned unit develop- ment procedures. Councilwoman Campbell commented on the effect of the Fasano decision in this instance - she can't vote in spite of the fact that she is very well informed on the issue, having attended both hearings, but her colleague (Councilman McDonald) can vote without having attended either one. Councilman McDonald noted that he was in the hospital at the time of the Council hearing. Councilman Williams presented for Council consideration should the hearing be reopened a letter he received from Mrs. lone Pierron, 1360 Ferry Street, relating to this issue. He said it was unsolicited and he had no intention of including that information in his decision. Mr. Williams moved seconded by Mr. Hershner to rezone the Valley River Center property to C-2 subject to the following conditions being met: (1) That development be subject to planned unit development procedures and that final reading of the ordinance effecting the zoning be withheld pending final approval of the planned unit development; (2) That a minimum area of 50 feet back from the top of the riverbank be dedicated for public access and scenic preservation to the extent . possible along the entire Valley River Center property fronting on the River; (3) That the area to be dedicated be established by City field survey; and (4) That dedication of the area designated for public use be completed prior to preliminary approval of the planned unit development. I In making the motion with respect to (2), Mr. Williams recognized the. proximity of the Valley River Inn to the riverbank and problem of obtaining a 50-foot dedication along that portion of the frontage. City Attorney advised that a determination of findings of fact must be made, as speci- fied by the Fasano ruling. He added, however, that should the motion be adopted it would in effect refer the issue to a joint meeting of the Council and Planning Com- mission and findings of fact could be done at that stage. Councilman Williams said the intent of his motion was for preliminary reading of the rezoning ordinance, but perhaps a motion simply to refer to the Planning Commission was in order. City Attorney said the procedure designated by ordinance is that when actio~ contrary to that of the Planning Commission recommendation is taken, then an issue is automatically sent back to joint consideration by the Council and Commission. Vote was taken on the motion as stated. Motion carried, Councilmen e Williams, McDonald, Hershner, and Keller voting aye; Councilmen Beal, Murray, and Wood voting no; Councilwoman Campbell abstaining. ~ Councilman Murray expressed his personal displeasure with the removal of Councilwoman ~ Campbell's vote from the decision. He said it seemed unfortunate with the amount of time she had spent informing herself on the issue to be informed after the fact that she CQuld no longer participate. He felt the Council might have done well to study in detail possible effects of the Fasano decision before voting on this issue. Mr. Murray quoted the portion of the Fasano decision relating to burden of proof on the applicant to show public need for zone change and that it would best be met by the proposal under consideration. He suggested that not much of the testimony pre- sented had to. do with the public need; rather that the term public interest was sub- stituted. He felt that substitution was fallacious in light of the Fasano decision's being a landmark case and therefore the Court's words .very carefully and selectively chosen. He felt the public need as used in the ruling has to do with urgency and borders on necessity, and that the applicant had fallen far short of proving public need. He said that there can be no denying a department store located in Valley River would prosper, but felt that was no way for this Council to measure the public need. Mr. Murray continued by referring to the 1990 General Plan and its most adequate and complete description of land use pblici~s which among other things indicates an ex- e cess of commercial properties to fulfill the needs of the community beyond 1990. Rezoning this property, he said, would not be consistent with the terms of the Plan with regard to its expressed goal of strengthening the downtown area a~ the heart of - the community. With regard to the portion of the Fasano decision requiring proof that a public need is best met by the proposal vnder consideratiop, Mr. Murray com- mented on vacancies occurring in the downtown ~all since 1967 and some sites vacant at this time. He failed to see any consistency in the rezoning of additional property to commercial use as long as the Plan looks upon the downtown area as the heart of the 2c, 8/27/73 - 5 community and vacancies in that area exist. He said rezoning this property does. not measure up to criteria to which the Council is obligated by law under the Fasano :_- 8" decision. - Mayor Anderson urgently recommended staff preparation of material for consideration at some future meeting which would place both the petitioner and the Council in the position of knowing the proper.:,procedure to follow in rezoning issues. Betty Niven, Planning Commission member, recognized that the Council is not going to hear exactly the same testimony heard by the Commission on any issue. However, she felt in this instance it was a matter of degree. Commission members felt that what was presented to the Council was beyond what would usually be expected. She said .the applicant's reluctance for rehearing before the Commission was significant because it meant inevitably it would be a question of wasting the Commission's time because the hearings would be held at the Council lev.el. Assistant Manager noted the issue automatically will be considered at a joint meeting of the Council and Commission, and that anyone wishing to know when that meeting will be scheduled should contact the Manager's or Planning Office. A short recess was taken. I F. Planning Commission Recommendations - July 10, 1973' ** See page 18. l. South of Barger Avenue between Echo Hollow and Belt Line - From C-2 SR and RA . to C-l SR (Steinmuller) Planning Commission recommended approval~ Minutes of Planning Commission meeting and staff notes were previously distributed to Council members, and Council viewed the property on tour. ~ Jim Saul, planner, displayed a map of the area to distinguish between two parcels I I involved, both part of a larger tract in one ownership. Pre-preliminary plan for RA PUD has been submitted for the balance of the property. Slides of the property were shown, and Mr. Saul noted that findings of fact and recommendations of the Commission were set forth in the Commission minutes. Also, staff notes give a resume of Commission action with negard to this property from 1966 to the present. Public hearing was opened. Jim Hosey, 2560~ Inavale Street, architect and agent for the property owner, noted that approval of the recommendation would effect "down-zoning" on the six-acre parcel now zoned C-2, and "up-zoning" for the three-acre parcel now zoned RA. He called attention to the rapid development of residentially-zoned properties in the area and slow development of commercial uses. He displayed a graph illustrating the changes since 1969 and expressed concern about decline of business even though there is indication of population growth. He felt a contributing factor was the -- lack of commercial parcels to accommodate larger commercial needs. Mr. Hosey showed a map on which available commercial areas were marked and noted that the majority of'!hose were too small to accommodate the needs of proposed commercial establish- ment s . He also drew attention to a survey of vacant C-2 properties and noted the number of residences be~ng used for student housing. He said the new building in progress within a two-mile radius of the intersection of Belt Line and Barger re- flect the need for'a'shopping center in that area, an~ the neighborhood center proposed would be more desirable from thl? standpoint of less traffic generation than depending upon regional centers farther from that area. . . ~ Herman Hendershott, attorney, described the parcels involved and the proposed de- velopment, and noted the Commission's recommendation for C-l zoning because of the integrated development proposed. He showed plot plan of the pr9posed development, described surrounding properties, and said the proposal would not have an adverse effect upon those surrounding properties. He added that there were no opponents to the rezoning when the matter was heard by the Planning Commission. Eric Haws, 564 Sierra Street, speaking for the Active Bethel Citizens, spoke in favor of the zone change. However, he did express concern with the recommendation to rezone the strip on the southern portion for commercial use. He said he could see no reason for nor was there information showing any public need for extending - the commercial zone to the south. There was also some concern with additional traffic on Echo Hollow. He wondered if all access to the commercial area would be only from Echo Hollow and none from Barger Drive. He said the Bethel School District and ABC group, while they do agree with the zone change on the parcel originaily designated C-2 and the western portion of the property, could see no reason to designate the southern 80-foot strip for commercial use. "Lb3 8/27/73 - 6 Mr. Hendershott said the petitioner wanted to establish C-2 zoning for a community commercial center but was willing to accept "down-zoning" to:C-l which would be - much more restrictive on the kind of commercial uses which could be developed. He said the reason for extending the commercial zone to the south was because an east/west easement was given to the City in the center of the six-acre tract. It was his understanding that Ba~ger Drive was slated to become'a four-lane high- way and for that reason, he said, the Council should assist ih allowing commercial development on the property at this time. No further testimony being presented, the public hearing was closed. Council Bill No. 376 - Rezoning to.::C-l SR area south of Barger Drive between Echo Hollow Road and Belt Line Road was 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 Council agree with the findings of fact as set forth in the Planning Commission minutes of July 10, 1973, that they be adopted by the Council by reference thereto, that the council bill be reao 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. . Councilman Murray asked for clarification of the property referred to by Mr. Haws. The area was pointed out on a map, and Mr. Haws repeated that there was no objection to commercial zoning on the original C-2 property and the parcel to the west. There was concern about extending the commercial use to the 80-foot strip on the south. Mr. Hendershott pointed out that the property south of the proposed commercial zon- ing is now being developed by Mr. Steinmuller under planned unit procedures, so that extension of commercial uses to the80":'foot strip would not involved other ownerships. Councilman McDonald asked whether dedication of the easement mentioned by Mr. Hender- shott would necessitate installation of a storm sewer at City cost. Assistant Manager replied that the sewer is already in the easement. Councilman Murray said he favored the rezoning. He thought it was a logical location for a shopping center. However, he had reservations with r~gard to other commercial I zoning in the area on which action is yet to be taken. He said unless some of the commercial zoning is eliminated, it would appear to be a situation of being faced with two shopping centers supporting a population that does not measure up to the requirement for one. With regard to the 80-foot strip he felt because of its odd shap~ it would not seem practical for any other use than to integrate it with the e commercial zoning.. Mrs. Beal moved seconded by Mr. Williams that Council Bill No. 376 be approved and given final passage. . Rollcall vote. All councilmen present voting aye, the bill was declared .passed and numbered 16911. 2. West of Quaker and north of 15th Avenue (Bonson)' - From RA to R-2-3.7-SR Planning Commission recommended denial. Minutes'of the Planning Commission meeting and staff notes were previously distributed to Council members. Jim Saul, planner, displayed a map and reviewed development of the area, this five acres being the only portion which does not have final approval of planned unit develo~ment for either medium or low density. He said the Commission recommended denial primarily because it felt a definite ~ommitment to the neighborhood .to .maintain a low density development on this property and because of lack of services to support a medium density development, such as schools, parks, etc. Also, there was reluctance on the part of.both staff and the Commission to make any changes to R-2 in this area until something definite is established with regard to the Amazon Parkway West. He noted the Commission previously recommended denial of R-2 zoning because of sur- rounding single-family development which was upheld by the.Council. The same con- siderations apply on this proposal for a more limited R-2 (60 units instead of 80 units) - previous commitment concerning low density and lack of services. e Public hearing was opened. Herman Hendershott, attorney, said he was instructed to request the Council to table the rezoning request until a report is received on the Amazon Parkway West. Assistant Manager suggested that unless there was some overwhelming reason for tabling the (:'~e."-",,,~,_. " quest, the matter should be disposed of, since the same amount of staff work would --- be involved if the issue were brought back at a later time. Mr. Hendershott denied 2.'=4 8/27/73 - 7 trying to avoid paying another filing fee, saying that by ordinance the applicant is prohibited from applying for the same rezoning within one year of the time it_ is denied by the Council. If it is tabled, that one-year-limit would not apply. ,jIt; Mrs. Beal moved seconded by Mr. Williams that the :request tOurezone -_property west ~of_'Quaker -Street__an~ _north-~of15thvAvenue:_to R-2-3.7-,SR be tabled. Motion carried l.manimous;ly.- - 3. Southwest corner of 14th Avenue and Hilyard Street (Loomis) - From R-3 to R-4 Planning Commission recommended denial. Copies of Planning Commission minutes and staff notes were previously furnished to Council members. Jim Saul, planner, described the property and said the Planning Commission recommendation noted the present R-3zone is in conformance with the General Plan. The Commission was also concerned with regard to a number of problems resulting from development under R-4 zoning and did not want to expand that zone west of Hilyard Street. Public hearing was held with no testimony presented. .,r Mrs. Beal moved seconded by Mr. Williams that the Council agree with the findings of fact as set forth in the Planning Commission minutes of July 10, 1973, that they be adopted' by the Council by reference thereto, and that rezoning the subject property to R-4 be denied. Motion carried rm~~w~.' ~ - 4. Northeast corner Cal Young Road and Gilham Road (Arbogast) - From RA to R~2 .~ Planning Commission recommended denial. Copies of Planning Commission minutes and staff notes were previously furnished to Council members. Jim Saul, planner, described the property on which rezoning was requested and said that under present zoning it would be possible to develop as a conventional subdivision or under planned unit regulations. The Commission in its recommendation noted the General Plan's indication of low-density for this area, whereas under the requested R-2 zone the property conceivably could be developed with 18 units per acre. Public hearing was opened. John Mulder, attorney, representing the petitioner, recognized that the property was intended for low-density or single-family type development. However, he said, there was no economically feasible way to accomplish that because of the location at the junction of two very busy arterials, Cal Young and Gilham Roads. He noted recent development on Oakway Road-and new commercial uses on Cal Young and Coburg which had generated a considerable increase in traffic. He reminded the Council that under the Willakenzie Interim Plan R-2 zoning was suggested for this property, and=said that the cost per acre was far too high for subdividing it into only two or three.lots. He noted the numerous previous rezoning requests on the property _ and said it could be "put to rest" so far as residential zoning is'concerned. He . said there is a real public need for low-cost housing which could be provided by . development of this property under multiple-family zoning. Mr. Mulder added that the property lies within the urban service boundary and development would fulfill the goal of using-vacant properties within that area. Multiple-housing on this property, he said, would offer ideal buffering on Cal Young Road for those single- family houses and residential units to the rear. He said the applicant would abide with PUD limitation of not more than 14 rmits in the entire tract. Ray Bradley, 2145 Carmel, said he owned property within one-half mile of the sub- ject property. He said the applicant had not shown where the proposal conforms I to the General Plan, only to the Willakenzie Interim Plan. He said there was no statement made that the Interim Plan superse'des the 1990 Plan. Betty Niven, Planning Commission member, said the Willakenzie Plan has been super- seded by the 1990 Plan, but rmder the Willakenzie Plan only that part of the prop- erty 150 feet back fromCal Young Road was eligible for R-2 with an overall density not to exceed ten units per acre, and that under planned unit regulations. She noted the new single-family housing recently constructed in the area. Public hearing was closed, there being no further testimony presented. lit Councilman McDonald wondered whether the applicant could work something out with ~~ the Planning staff whereby fewer units could be built on the property. He thought a single-family home at that location would be inappropriate. ". -, Councilman Murray commented on the attractive homes in the: area. He asked if those locations were zoned R-l~and received an affirmative answer. '2.&5 8/27/73 - 8 Mrs. Beal moved seconded by Mr. Williams that the Council agree with the findings of fact as set forth in the Pl~nning Commission minutes !e of July 10, 1973, that they be adopted by the Council by reference thereto, and that rezoning the subject property to R-2 be denied. Motion carried unanimously. Mrs. Beal expressed sympathy with the applicant's being in his present position, and asked recognition of the fact that the Council' must be motivated by the Fasano decision. She was impressed with the extremely interesting and intelligent presentation. (Assistant Manager reminded Council members that the City Attorney advised including in motions on zoning issues adoption of findings of fact. Upon motion by Mrs. Beal seconded by Mr. Williams, and carried unanimously, the motions on the last three zoning issues were amended to include findings of fact.) G. Readopting 1973-74 Budget - $29,584,861 Budget was adopted prior to June 30 as then defined by the Budget Committee to give the necessary legislative authorization for expenditure of f~nds during the beginning of the fiscal year. At that time the Budget Committee had not concluded deliberations. Also, because of various problems in connection with construction projects - strikes, etc. - estimates were found to be substantially different -than actual costs. Rather . than review the budget line item by line item and on advice of the State Division of Audits and the City's auditor, an ordinance was prepared amending the original budget to reflect the final actions taken by the Budget Committee. There has been no change in the tax levy nor in the work program but figures did have to be changed to correctly reflect work finished before June 30. Council Bill No. 377 - Readopting 1973-74 Budget ($29,584,861) and certify- ing to Lane County tax levy in the amount of $7,637,867 was 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 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 16912. H. Bids Councilman McDonald was excused from the meeting. . -r:-sth Avenue Overlay - Public Works (Opened August 24, 1973) Paving Overlay on 5th Avenue from Cost to west of Taylor to High Contract Burlington Cost to Amount Bidder Cost', Northern City Budgeted Wildish Construction Company $ 30,803.50 $10,268.00 $ 20,535.50 $ 40,000.00 I Eugene Sand & Gravel, Inc. 32,792.50 Benge Paving, Inc. 35,174.10 Completion Date: October 1, 1973 Public Works Director reviewed bids submitted and recommended award of contract to the low bidder. Mrs. Beal moved seconded by Mr. Williams to award contract to the low bidder. Otto Poticha, architect having offices at 259 East 5th Avenue, said he was delighted that full City services were coming into the slum area - the overlay, new sidewalks, street lights, etc. However, he felt money spent on the overlay would be wasted because a co~ordinated plan for the area will be proposed upon amendment to the Code permitting Special Development Districts. The plan will deal with the entire street area including sidewalks, curbs, lights, storm drains. He felt the street was much safer now that the railroad tracks have been removed and didn't see a need for the . overlay at the moment. ~ Assistant Manager noted hearing scheduled for September 10 on the Special Development District amendment.. He said the Council has the obligation to provide a safe-travel surface in view of the heavy use of 5th Avenue. Public Works Director added that the only work on the street has been patching where the tracks were removed which in no way could be considered a complete job. He saw no problem in leaving the two blocks east of Willamette until an overall plan for the area is presented, but felt discussion on a plan would continue for a year even after it was brought forth; 26& 8/27/73 - 9 r Rollcall vote was taken on the motion as stated. Motion carried, all councilmen present voting aye, Mr. McDonald absent. , c . '- 2. Planting at States Street'Park - Parks (Opened August 21, 1973) AlIens Landscaping $ 9,019.00 Landsystems, Inc. 12,447.28 Reed & Cross Nursery 8,818.00 Lane County Nursery 10,174.00 Office Estimate - $12,606.00 Parks Department rec~mmended award of contract to Reed & Cross, low bidder. Mrs. Beal moved seconded by Mr. Williams to award contract to Reed & Cross. Rollcall vote. All councilmen present (Mr. McDonald absent) voting aye, motion carried. II - Consent Calendar Items acted upon with one motion after discussion of individual items if requested. <v P:e~iously discussed at committee meetings on August 15 (Present: Councilmen Beal (pre- s~d~n~), Campbell, Keller, Murray; and Wood) and August 22, 1973(Present: Mayor Anderson; Counc~lmen Beal, McDonal~Hershner, Campbell, Keller, Murray, and Wood). Minutes of those meetings appear below printed in italics. ~ . -. '.. "\ .' - . - " .. - ~ ,,' - . , A.Li'qiior License, Larry's Prime Rib (formerly Captain's Table), :2'855 Willamette-:;'-- . ;Request from Larry Bliss for Class B Dispensers license and release prior to ,August 27 Council meeting in order to forward to Liquor Control Commission in !time for its meeting. Comm 8/15/73 Mr. Wood moved seconded by Mr. Murray to recommend approval of the application Approve and its immediate release. Motion carried unanimously. " - ,,- '--,- - "----- ~ -_.~.~- B. 'Room-Tax Allocation Report - August 10, 1973- CopIes of the report were previously distributed to Council members recommending the fOllowing allocations: 1. Eugene Symphony $ 15,000.00 2. Eugene Junior Symphony 2,500.00 3. South Citizens for All-weather Track 8,500.00 4. Parks & Recreation Department for Park Concert 718.00 5. Park & Recreation Department for Youth Outreach Staff at Westmoreland 7,783.87 6. Park & Recreation Department for Summer Student I , Music Program 900.00 7. Chicano and Native American Affairs Festival 3,000.00 $ 38,401.87 -.. Glenn Cougi1l, chairman of the Room Tax Allocation Committee, reviewed the recom- mended allocations. He said the allocation to the Eugene Symphony was given with the understanding that that amount would not necessarily be available each year but was considered appropriate at this time because of the organization's new program involving a full-time administrator. The allocation for surfacing the All- weather Track at South Eugene High was believed appropriate in view of joint school/ city use and assurance from the School District that the track will be available. at reasonable times for public use. Funding for the Youth Outreach Program at Westmoreland Park follows previous assistance from Room Tax revenues, however it I is anticipated the program will be funded through the Parks Department budget in the future. In answer tQ,. Councilwoman Campbell, the Youth Outreach Program was described by t - ----- Councilmen Murray and Wood. It provides an informal recreation center for that age group in which delinquency has been a problem and involves various types of activities inCluding development of a work program and tutoring handicapped children. .. .. - - Councilwoman Campbell wondered if it would be an appropriate expenditure of Room ~ Tax funds to provide an amplifying system to be used in the Downtown Mall by groups I I i en~aged in cultural activities - music, skits, etc. . She thought purchase of a piano; .. for use in that area might also be a logical expenditure of those funds. + t Mr. Wood moved seconded by Mrs. Campbell to refer the ques tion of funding an ampli:':-- ,c fying system for cultural activities in the Downtown Mall to the recently-appointed Mall Committee. Motion carried unanimously. Com R /7 5/7"3 Approve 21:,7 8/27/73 - 10 , ,Councilwoman Beal inquired about the status of unexpended funds allocated to the 'Lane County Auditorium Association. Manager explained that the agreement with LCAA - " 'has been terminated and final payment made to them. There is no further obligation . 'to the Association and any unexpended funds will revert to the Room Tax fund. He .added that the Association is active and looking for direction as to how to pursue its lonfJ.:range ~oal o!.providing a~ auditorium for the community. -.---. ~---,~'-' Alfonso Cabrera of the Chicano and Native American Affairs Center distributed to Council members copies of anticipated expenses for Mexican festival proposed for September 14-16, 1973. He explained the proposed program and its purpose - to share the Mexican-American culture with the entire community thereby eliminating . I . isolation of that segment. Original request was for $6,006. The Committee's recommendation for allocation of $3,000 was contingent upon City supervision of . expenditure of the funds by the organization. Manager explained that the City's authority .to help private organizations financially' lies only in its ability to contract for services which are appropriately City , services. Contractual agreement and post audit or administrative review are re- quired so there is no concern about control over funds being distributed through the Room Tax Committee. I ,Mr. Cougill and Mr. Cabrera explained several budget items presented by the organiza- tion on which questions were raised - cost of speakers, charge for dinner included ~.c_ . ,i~ the budget, ,etc., It was understood staff could work out administrative problems I ~nth the organ~zat~on. , Mrs. Campbell moved seconded by Mr. Murray to accept the Room Tax Allocation Com- f::omm ,mittee report and authorize the recommended distribution of $38,401.87. 8/15/73 Approve . Councilman Keller questioned the timing of the festival in September before the university is in session and asked if Mexican population in the community was known. I Mr. Cabrero said the festival is intended to involve the entire community, not just I . Uni versi ty students. He estimated 2500 in the communi ty wi th Spanish surnames, I and about 540 Chicano families. In answer to Councilmen Murray and Wood, Mr. Cabrera; : aaid the festival would involve the Chicano cultural heritage as well as the . Mexican, and that a similar event is planned for next year by Native Americans. Vote was taken on the motion as stated. Motion carried unanimously. .,.-,. ~'~--.-~. I C. Membership, Public Technology, Inc. - Manager recommended the City's participation as a member in PTI, a non-profit organization initiated by the International City I Management Association. The organization pools resources of many cities to fund ; research and development for providing technOlogical techniques and skills of ~ : private industry and the space program to solve problems faced by local governments. _ 'He described some of the rather mundane problems encountered by local agencies and said that no single government has had funds to search for answers. PTI has de- , . vel oped a method of organizing local governments into identifying kinds of problems ;and working with private industry and manufacturers to develop solutions and con- 'vince manufacturers a market exists to make it profitable to produce what is needed. I iDues as a member would be about $5,000 for Eugene, based on population, and would :entitle the City to information developed and staff assistance from PTI in installa- , tion of any techniques as well as training assistance. 'In answer to questions from Council members, Manager said PTI is a well-established 'organization funded originally by a Ford Foundation grant. It now has a membership paying close to $300,000 per year. Additional funding is received from the Federal \ . governlllellt. Heaa.quarters_a~e in Washil}gc..O!lL [),.C. The organization ..,.,o:r:~~_ clo~el y --l 'with the National Space Agency, Bureau of Standards, American Public Works :Association, National Science Foundation, and with consulting firms. Lane County 'could become a member, joint City/County membership was explored in the hope of :reduced dues rate, but it was not permitted. In general, PTI acts as catalyst :in bringing together the talents of the various agencies to solve in-common ;problems faced by local governments which otherwise would be too expensive for ifor anyone city to pursue on its own-. , Comm '. Mr. Wood moved seconded by Mrs. Campbell to approve membership in PTI and 8/15/73 authorize payment of $5,000 therefor. Approve ; Councilman Murray had reservations about consideration of the expenditure outside; I other budget considerations. Manager explained that funds for this are availablei iin this year's budget. I I . Vote was taken 911, J:.~. Il1C!.tio..n _ as sta~ed.. _ !'lotion carried unanimously. . .~~ ....-......... _~J _'~:' . ~<' "-. .~>:;.~ .,..;___ ;;;-"'L.._ -. ......' ", --~'"-:"""'';;:;--~::"'T:;~:''=::;-;-->:t,;::'";""';:::'''--:~;;-;-''~-c-:-.._~ ..,__. __-,-:-_.---' 266 8/27/73 - 11 D. 'vacation of Easement between ci ty View and McKinley south of West 20th (Mil ton- ;powell) - Recommended by the Planning Commission on July 24, 1973. Reduces a 10-foot wide easement to 7 feet wide in conformance with its easterly extension. .Mrs. Beal moved seconded by Mr. Hershner to call a public hearing on the vacation. \ Comm \,,- Motion carried unanimously. 8/22/73 Approve E. Code Amendment, Adding Section 9.485 providing for Special Development District (SD) I Planning Commission on July 30, 1973 recommended approval of the new zoning dis- trict, description of which was previously provided to Council members. The amend- ment would provide a device in the zoning ordinance which would permit creation of ~an area having homogeneity because of land use or architectural design or for i historical preservation. He cited the 5th Avenue area around the Granary as an (example. It was understood public hearing would be held at the AugU;t 27*Council Comm I . :meet~ng. *In error, scheduled for September. 10. . .,0 8/22/73 / --------- ~ Apprpve F .~Annexation' 8.45 acres west of Huntington-between Donald and Willamette (Breeden Bros.) Recommended by the Planning Commission on July 30, 1973. previously before the !Council without Commission recommendation in an attempt to meet deadline for Boundary Commission meeting in August. Boundary Commission tabled until a Council recommendation is received. The area can be serviced with sewers. comm 8/22/73 Mrs. Beal moved seconded by Mr. Hershner to set public hearing on the request for Pub Hrng September 10 "'Council meeting. Motion carried unanimously. . * In error, pUblic hearing August 27 - see page 1 these minutes. .: G. Neighborhood organization Policy - Planning Commission on August 7, 1973 recommended adoption of Neighborhood Organization Policy, text of which was 'previously forwarded to Council members. The proposed policy would set up a : procedure whereby neighborhood organizations could establish their validity and receive City recognition as the policy making group for a given ~eighborhood. The Planning Commission's recommendation came after public hearing at which existing neighborhood groups gave support for adoption of the policy as presented. Councilwoman Campbell wondered whether the Spencer Butte organization was aware of the proposed policy. Two organizations in that area were noted - Spencer ,Butte Improvement Association and South Eugene Residents League, formerly South 'Eugene Homeowners Association. Charles Dallas, president of the Spencer Butte 'group, was present, and Manager said that John Fair, president of the Residents !League was at the. Commission hearing and supported adoption of the policy. 'Councilwoman Beal questioned the method of setting boundaries for individual neighborhoods. Manager felt it would have to be a negotiated process to ensure I a logical unit and to offer some method of control because of limits on the City's ability to work with numbers of organizations.' Any disagreement between staff and a neighborhood group with regard to boundaries might come to the . Council with recommendations. Councilman Murray added that boundary lines are covered in the policy statement and it is recognized they must be appropriate to assist in planning. Comm 8/22/73 It was understood the item would be on the August 27, 1973 Council agenda. Approve H. ;Annexation, Willagillespie/Russet Area - Petitioned i~itially for a limited portion of the area around Russet Drive and northern extension of Willagillespie because of septic tank problems. Planning staff recommended annexation line be drawn at the southerly poundary of properties facing on Robin., Hood Avenue and along Cal Young Road, excluding properties of those having a negative attitude to being 'in the City. Because of opposition expressed at Commission hearing, planning staff was asked to review the boundary. Staff then proposed a small area around Russet Drive and Willagillespie only. Information was brought out at the second :public hearing (August 7, 1973) with regard to sewers, indicating failure of a :large number of septic tanks lying outside the proposed new boundary and natural Idrainage to the north and west which would carry surface drainage and pollution through the area asking for annexation. The Planning Commission then recommended after a good deal of discussion annexation of the entire area which could be served by the existing sewer system (bordered on the north and east by existing City ., limits, on the west by the Delta Highway right-of-way, and on the south by the '''0 . (southernmost properties which can be served by extension of the present sewer isystem) . Maps were previously distributed to Council members and the area was ,seen on tour. It comprises about 324 acres having an estimated population in ,excess of 1000. I i , -'l. C::, ~ 8/27/73 - 12 Manager noted that the County Sanitarian testified at the Commission hearing that there will be increased septic tank failure in the area and public sewers would - .be the only long-range solution. Manager added that the most uniformly negative :attitude is in the newly developed area at the northerly extension of Russet ,Drive, subdivided in the County, where people are just now starting to use new homes. This area lies between the existing City limits and the area most solidly in favor of the annexation so excluding it from the annexation would be impractical. Councilwoman Beal wondered why the County Sanitarian, in view of his testimony with regard to need for sewers, issued septic tank permits for the new subdivision. Manager said that until recently State law provided for septic tank approval on any individual property where the soil would accommodate it. The Sanitarian doesn't have the legal authority to deny. Discussion of procedure for allowing septic tanks, Manager said, would be a significant portion of the discussion of conditions under which Eugene and Springfield hopefully will make a contractual :arrangement~_for regional sewers. He noted it very likely that both cities may 'be put in the position of providing sewers outside the incorporated areas where ,the cities' best---J.-nteres.ts----are--served by not annexing and where sewers are needed :for health purposes. " ~--=---. - - Councilman Keller suggested developers Qfthe new area opposing the annexation might be persuaded to lay lines now in anticipation of sewers to lessen the ex- pense and inconvenience at a later date. Manager explained that streets are '.: already paved and some yards are in, however owners of the few remaining un~ developed lots might be alerted. Comm .8/22/73 Mrs. Beal moved seconded by Mr. Hershner to set public hearing on the annexation ,Approve at the September 24~ 1973 Council meetin~~ Motion carried unanimously. .. .. - ,. -- ------ (The September 24 hearing date was set because of anticipated opposition and , \ because of possibility of procedural discussion on August 27 carrying the -\ Valley River rezoning request to the September 10 meeting.) \ I. Non-conforming Signs - Manager announced a meeting to be held Tuesday, August 28,1973,j 8:00 p.m., in the downstairs portion of the Black Angus Restaurant. It is being I called by some of those objecting to details in the Sign Code and to the requirement i r ,for conformance with the Code by September 10. Staff and Council representation was suggested. Councilmen McDonald and Keller said they would attend. Mayor Anderson had strong reservations about any attempt to make major changes in : the Sign Code. He noted many hearings on the Code and information published about i .it at the time of adoption. He felt a small group trying to change the provisions after others had altered their signs or taken them down would be unthinkable. i 1 Manager noted voluminous document received from Obie Outdoor Advertising citing I .~ I statistics about the effect of billboard regulations on their installations in the ! City and proposed changes in the Code which would suit their needs. Also a'legal opinion on the City's authority to proceed with enforcement of this Code. He said the correspondence has been sent to various staff people and the Attorney's office 'for review and response before it is brought to the Council. He didn't see any way to have thorough analysis of the problem before the September 10 deadline. ..'- ~~"~'--"'-- ~ .~._"-- +.--- .---_. -', --- ~;-_.o-._.__hr-,..-.,.....~._~___.___.-___ _,,'__ .___ ..,__, ,......__..._M.._..____.... _. _ __ "_._"' ..'<'.._..,.~ __.__.__,_<..~-,....-. . In connection with the September 10 deadline for conformance, Eugene Renewal Agency ;'a.sked consideration for some tenants occupying ERA buildings in the downtown area /;cheduled lor demolition in the next two to six months. About 14 or 15 of these , i . tenants will move out and the Agency is requesting a variance on their signs which ! 1 .would permit them to remain until the tenants change locations. A list of ..businesses ! involved was read. Manager said it seemed a reasonable request because it would be difficult to carryon a business without a sign and it would seem inappropriate to install a new sign for the short period of time. He displayed a map showing the 'buildings involved. And added that a recommendation was hoped for from the Sign jCode Board of Appeals but the request came in too late to appear on that agenda~ ; ICouncilman Hershner thought it would be a reasonable variance if private businesses ,. ,under similar circumstances were granted the same leeway. Manager said if the Council were to accommodate the Renewal Agency the Board of Appeals would have some v ,direction in acting on extension requests from private operators who because of their ;own choosing might be planning to move wi thin a six-month period. He added that !tenants of those ERA buildings not yet scheduled for demolition should be aware ~that there would be no recommendation for delay in conformance to the Code beyond a :six-month period from the deadline. , '-.-.......- ,. -.-,;----:.-- ..----_._~--.......:..,_._-~-.....-- - - ---.- ---.----.-.--- .------.- 270 8/27/73 - 13 In answer to Councilman Murray, Bob Thomas, ERA, said buildings scheduled for demoli- tion would be down by next April; some will be down within a month. Council woman , , Beal wondered if some expression should be received from the Sign Code Board of . '. Appeals before Council action. Manager said there is no feeling at staff level tha t the Board woul d not approve this request. The Board has another meeting scheduled prior to the September 10 Council meeting at which time they could ex- press themselves. Mrs. Beal suggested inviting Board members co the August 27 i meeting so the Council would have their thinking as individuals. f I Mrs. Beal moved seconded by Mr. Hershner to grant six-month extension for signs of i tenants of Eugene Renewal Agency buildings scheduled for demolition in that period Comm of time and invite comments of the Sign Code Board of Appeals to this action. 8/22/73 Motion carried, all voting aye, except Mr. McDonald abstaining. Approve Eric Larsen, 81 West 23rd Avenue, attorney representing Obie Communications, asked for clarification of the action. He wondered if it meant a moratorium on enforcement,.of the Sign Code as it would affect those buildings. He also asked by what authority those non- conforming sighS would be retained. Assistant Manager explainecl'thabthe:tentative action of the Council was to grant a six-month extension-for signs on those buildings owned by the Renewal Agency and scheduled for demolition within the next six months. The basis for the recommendation leading to that Council action was the alternative of removing non-confomring signs leaving tenants with no identification or undue financial hardship in obtaining new signs for the six-month period. The extension . was intended to apply only for tenants of ERA buildings scheduled for demOlition, not for those with a longer term of occupancy. Assistant Manager added that the authority for the ,,' extension rests with the Council. In answer to Mr. Larsen's inquiry whether the discussion was with regard to overall issue of non-conforming signs, Assistant Manager answered that it was limited exclusively to the extension for signs on ERA buildings which are to be torn down. He said the matter of any delay ih the deadline for conformance to the Sign Code will be be- fore the Council prior to the September 10 meeting. He noted the Council was advised of the August 28 meeting with regard to the Sign Code scheduled by a group of businessmen and said there. would be Council and staff representation at that meeting. J.Petition, Sanitary Sewer - From 28th Place south between Lots 6 and 7,q"Biock 3, 9th Addition to Ellendale (IOO%). The line will serve a planned unit development off Chambers and 28th. :Mrs. Beal moved seconded by Mr. Hershner to accept the petition. Motion carried Comm ,unanimously. 8/22/73 Approve K. Communication from Active Bethel Citizens - Requesting Council consideration of 'amending the assessment procedure for street improvements. Also, encouraging ; immediate establishment of the low-income assessment payment deferral system with ,non-interest bearing provisions, and that Barger Drive improvement in 1974 be -. continued to the west City limit. Manager noted that the group is also concerned about the possibility of varying :assessments for street improvements depending upon degree of land development. Staff' is working on the low-income assessment payment deferral policy and will bring a : 'recommenation to the Council. Wi th regard to the Barger Dri ve improvement, Manager : said Barger Drive is the City limit on the western extension and the City has no , ,authority tc: asse~s thiiF portion Tying in the County for any improvement. Staff -.- recommendat~ons w~ll be prepared on all three questions. Councilman Murray asked postponement of discussion to accommodate those peopl h .drafted the letter and wished to be present when it was considered Ma e w. 0 t d" .. . nager sug- ges.e ~nqu~ry to deternune whether the letter, signed by the Traffic Subcommittee .cha.~rma.n, had been cleared through the parent Active Bethel Citizens organization. Comm Mrs. .Beal moved seconded by Mr. Hershner to receive the letter and place on file 8/22/73 pend~ng staff review and discussion at a later time. Motion carried unanimously. Approve L.IAbatement, 2375 Madison Street - Recommended by Building Depart t' . , d . '. men ~n memo prev~ousl y, ~str~buted to Counc~l members. Manager explained a number of commi tments have been .' : made by the property owner but work has not been done. Council will have opportuni ty to see the property on tour prior to the public hearing. , Mr. Murray moved seconded by Mr. Wood to call public hearing on the abatement. '.Comm 'Motion carried unanimously. 8/22/73 . .1!pprove 2. 71 8/27/73 - 14 . M. ,Quitclaim of Easement south of Wilkes Drive in Santa Clara area - EW~B r~queste~ quitclaim deed for portion of easement to clear title to property ly~ng ~n Lot , Block 4, Byers Jones Subdivision. ! Comm . Mrs. Beal moved seconded by Mr. Hershner to authorize the quitclaim deed. Motion :8/22/73 - '~~ car!.~ed_ll1la.ni~l!s-!-}l,-.._~_.. _________ '...'___._____'..h__._ _____________ ._____ : N',Active Bethel Citizens Request re: Street Improvement Assessments - Letter ad- i ,dressed to Councilman Murray from the Active Bethel Citizens Traffic Committee ' ;requested study of feasibility of a Charter amendment to allow a different ' method of assessment for street improvements. It was understood copies of the Comm letter would be distributed to other Council members and the item placed on a 8/15/73 ifuture Committee agenda for discussion. Affirm . '._ ", ,_,,_ ',._no ~._~_...._,_.. ., ...._ ..' ,_. ~,.__..__..,._.~,. __. .'. _'~. "~,.::>.."'_"_"'__ O. 'Tree Planting, South Willamette - Councilwoman Campbell suggested that the 'parks Department be encouraged to undertake any tree planting program which would improve the appearance of Willamette Street between 23rd and 29th. This iwas in resonse to memo from the Parks Department indicating a tree planting .prdgram at this time is not on a priority list; if a list were to be made this :would be one of the last in relation to other areas. Street trees in other iareas have been planted at the expense of individual property owners. The ;Parks Department is involved only with maintenance. Manager said development ;of a street tree program would take staff time away from other work such as ...--', i the open area under the Washington/Jefferson extension, Coburg and Club Road,etc. Comm ~.' ;It was understood a list of project priorities would be prepared for Council 8/15~73 inforJ:z~_~~on. _,_ q,_____ ___p_______ '. _ ___ .._ _ ________ Afhrm P. Police Holds, Sacred Heart Hospital - Copies of report from Assistant City Manager , together with interim agreement between Eugene, Lane County, and Sacred Heart were ' previously distributed to Council members. The agreement covers understanding ! .between staffs of the three agencies with regard to handling of mentally ill I people charged with criminal activity. Manager said there has been no final long- I range solution since the Hospital announced it could no longer accommodate these . people brought in by police however, as evidenced by this report, progress is being 'made. He said that had the Hospital's announced decision to discontinue police holds been put into effect, transportation to Salem would have been necessary which would have been very expensive and less adequate. i Comm 8/15/73 .It was understood the report would be listed on the Committee agenda August 22. 'Affirm . -- ._-- .. .,._ _~~ _ .._._---.,f .J Q. Appointments announced by Mayor Anderson_yere: .l. City representative, Vision 2000, Lane County's long-range capital improvement committee - .Joan Mazo, 2460 Charnel ton Street, a member of the Renewal Agency. C 2. Room Tax Allocation Committee, replacing Ruben Ross, resigned, for the '8/22~r:;; balance of the term ending January 1, 1974 - Art Fairchild, manager of Valley I Aff" ~ , ~rm _ River Inn. R.Bus Stop Shelters, Lane Transit District - Councilwoman Campbell expressed concern about lack of shelters at stops for Lane Transit District busses and wondered if the Council could nudge the Transit District about providing them. Councilwoman Beal thought too that schedules should be posted at bus stops. It was understood Comm that Fred Dyer, manager of the Transit District, would be invited to a future com_8/22~73 "tt "+: d" . f th t" "d Aff~rm m~ ee m~et~ng_~or,_ ~~C'~~~~.~:!.. 0 e qu~~ ~ons ra~se '__ __ _ .... _________ S. 'Council Meetings, October and November - It was agreed that the second Council Comm I meeting in October (22nd) would be held on Tuesday, October 23; and that the first8/22/73 meeting in November (12th) would be held on Monday, November 5. Affirm c._.,.._......~._.__~__.. -'__'_"_'_"""_"'~I'__'~__'''''__'''''''''''''_' '__ _ _.'_O_u._. ._~_. ~.. .._...~.. ._..~_...._......... _."" __._~.__ ........._.,. .-I T. : Traffic Vol umes, Washington and Jefferson - Councilman Murray requested informa. . tiol1 with regard to traffic volumes through Skinners Butte Park and on 8th, ; Broadway , and lIth, and traffic speeds on Washington and Jefferson, since open- iing of the I-l05 extension to 6th and 7th. He said it is estimated one-third . of the traffic using the extension would have used the 1st Avenue ramps were ,they still connected. Public Works Director said the information would have to II be compiled since the streets mentioned would not normally be included in ,/ .' traffic flow counts. Increases on Washington and Jefferson were anticipated : and estimated. Those figures are available. He added that increased traffic was one of the problems in gaining approval of the project by the Federal High- I Comm way people and was taken care of by inclusion of the Highway 126 connector 8/15/73 in the design. Manager said review of the Traffic Division workload would be Affirm made to see whether the information requested could be gathered. ------~._--- ._-- _.--- ~--- 2. 72 8/27/73 - 15 u. Valley River Center Rezoning - Councilwoman Campbell asked that the record of , I ,the August 13, 1973 hearing on Valley River's request to rezone property ad- I ;jacent to the Center for commercial use show that she abstained from voting I Comm _. ,on the advice of the City Attorney because of her attendance at the Planning i 8/15/73 .. ICommission hearing on the request, rather than that she was told to abstain. File V. Absence, Councilwoman Campbell- Mrs. Campbell announced she would be gone from Comm the City for about five weeks and would miss both Council meetings in September. 8/1.5/73 File W. Municipal Golf Course - Councilman Keller wondered whether any consideration was being given to creation of a public golf course. He felt something should be started by the City or County to provide the general public with such a facility. Glen Stadler, EWEB, said an organi za tion - Greenway Gol f, Inc. - had been meeting with the Alton Baker Park Advisory Board and with the County Comm Commissioners, working toward a public golf course. It was understood Council 8/15/73 members would be furnished information gathered by that group. File X.'Rezoning property south of Kingsley Road between Goospasture Island Road and willamette River - County AGT to C-2 PD (Hosey) - Councilman Keller moved that C.B.17l rezoning this area to C-2 PD be removed from the table (tabled .at the ) June 25,1973 Council meeting pending study to determine crite~iafor large= Comm scale regional commercial uses and availability of other commercial properties 8/15/73 in the area). The motion had no second. File " Y.. Referendum, Collective Bargaining - Manager noted letter from League of Oregon . Cities pointing out efforts of State Senators Smith, Atiyeh, and Meeker to re- fer to a vote of the people H.B.2263 on public employe collective bargaining approved by the 1973 Legislature. The League Executive Committee has refused . to endorse the referendum but has passed information on to individual -cities. .Manager said that while the legislation in some instances may not be what was hoped for, it is something which will allow the City to continue to operate : under its collective bargaining Charter amendment and Code requirements with- Comm 'out greatly changing the present procedure. There is concern that if it were 8/15/73 to be referred and rejected, the next Legislature could approve less acceptable' File legislation, so it was felt unwise to take official action in support of the : referendum effort. Z.H.B.2965 and S.B.487, Planning Commissions - Copies of the two bills will Comm be distributed to Council members prior to discussion at the joint meeting with the Planning Commission on August 20. The legislation concerns organiza-. 8/15/73 tion and activities of planning commissions, hearings officials, subdivision File . requiremen ts . I M. . Non-White Taxpayers Association re: Revenue Sharing Funds - Councilwoman Beal noted a letter addressed to her from the Non-White Taxpayers Association re- . questing information with regard to distinction between development and de- livery of social services and Affirmative Action. The request is presented in light of exclusion of Chicano and Native American Affairs Center and the Afro-American Institute from revenue sharing funds on the basis that they do not provide an essential social service. Manager said receipt of the letter . was acknowledged with the information that the questions raised would be dis- Comm cussed by the Council. He said it would probably be desirable for the City 8/15/73 and County to develop a joint response which probably could not be done until File ,September because of vacations. Copies of the letter have been distributed to other Council members. I BB. Alley Paving Assessment Procedure - Councilwoman Beal asked when the proposed ordinance allowing change of the present method of assessing for alley improve- ments would be brought to the Council. Manager explained that an ordinance has been drafted but there is disagreement at the staff level wi th regard to the ef- Comm fect the proposed change would have on street assessments, remonstrance procedure, 8/15/73 etc. Mrs. Beal wanted to again point out that it has been a year since the change File was proposed. ,It was understood that as Soon as staf~ has had the opportunity to work out a des~rable Charter amendment, it would be brought for Council consideration. CC. Nois~ Comp~aint, Lane Coun~y Fair - Councilman Wood reported several complaints . rece~ved w~th regard to no~se created by the Lane County Fair. The complainants ~. were concerned with allowing this to continue after 10:00 p.m. and at the same Comm time preventing race tracks and others from operating after that hour. Staff 8/15/73 took notice of the complaint and felt that with 51 weeks before the next Fair _~ ~F:i!-e there would be ample time to discuss the situation with the Fair Board. 273 8/27/73 - 16 ,. , DD. illegal Land Use in Residential Area, Mel tebeke - Councilman Murray reported use . of a lot on Rocky Lane in the Willakenzie area by Bob Mel tebeke, building con- ,\ tractor, for storage of construction material. Residents of the area have made I . I numerous contacts with City departments but the situation remains, even after I ! . verification by the City Attorney that Meltebeke's use of the property is illegal. · Manager explained that Mr. Meltebeke owns the majority of the vacant land in that area and will be building houses for some period of time. Mr. Meltebeke feels use . of the lot for a storage area, concentrating construction materials on the one lot, is a better situation than using the streets for that purpose. He has received notice from the Building Department that the matter will be turned over to the City Attorney for enforcement unless the improper use is discontinued by the end of this month. Manager said Mr. Meltebeke contacted him in an effort to convince the City staff and attorney that since the property was used for storage purposes before he pur- chased it, that use should be allowed to continue as a non-conforming use. Staff i. , and attorney have advised Mr. Meltebeke that he has the right to submit an appeal to the Zoning Code Board of Appeals, and if the Board overrules the staff recom~, mendation to disallow the use, then storage could continue as a non-conforming i use over a phase-out period to be determined by the Planning Commission after . public hearing. If the Board upholds the staff, then Mr. Meltebeke has the right Comm of appeal to the Council. At this time, that procedure has not been pursued by 8/22/73 Mr. Meltebeke. If the staff is made aware of his filing an appeal, then enforce- File . ment would be suspended until the hearing process is completed. Comm EE. Council Liaison, Committee on Aging - Manager noted that there is no Council 1/22/73 member at this time acting as liaison between the Council and Committee on Aging. I File FF. League of Oregon Cities Convention, November 11-13., 1973 - TO be held at the Hilton Hotel in Portland. The League would like to receive any program suggestions: Comm Council members care to submit. 8/22/73 File GG. Transportation, NLC Meeting, Puerto Rico - Council members intending to travel to the NLC meeting in December in San Juan, Puerto Rico, wi th the League of Oregon Comm Cities group to take advantage of the "bulk" rate ~hould make arrangements no.w 8/22/73 in o!~er that the League may be informed prior to S~ptelllber_}. --. File HH. Police Holds, Sacred Heart Hospital - Copies of report and starr level agreement were previously distributed to Council members. Councilman Murray asked about pay- ment of psychiatrists, whether the City had participated in that expense in the past. Assistant Manager explained that psychiatrists formerly had given preliminary evalua- tion on the mental condition of persons brought to Johnson Unit at Sacred Heart by police at no charge. Because of ~he sharp rise in the number of these types of \ I cases, and no indication of any change in manner of handling, it became the Hospital's', .' official position that at the end of June 1973 involuntary patients brought in by police could no longer be accepted. The agreement reached with the Hospital whereby City and Lane County reimburse the Hospital for emergency room psychiatric services :has changed that position and is believed to be far less expensive for the City than the alternative of transporting police holds to Salem. I In answer to Councilman McDonald's question as to why it was considered less expensive, 'Assistant Manager estimated $100 per trip to cover two police officers and a police car with an average of four trips between Eugene and Salem for each patient to be held until time of hearing. Hearings would have to be held in Eugene. Councilwoman Campbell asked about the agreement to ".. .improve the level of communica-.' tions between the judiciary and the psychiatrists...." Assistant Manager explained that there is basic disagreement because laws provide that a judge determine the mental competence of one brought in because of criminal activity; the psychiatrists maintain the judges are not the ones to make the determination or evaluation as to what happens to a person showing mental disassociation or disease. Because of some Supreme Court decisions on case law judges feel Johnson Unit should no longer be the locale of mental hearings. Negotiations are being carried on to change this working relationship. Assistant Manager explained further that persons coming under this i procedure are those evidencing a dangerous behavior and who are unwilling to be I ~/. committed. They then .must be held involuntarily after being picked up by police I until a final determination as to their competency. Then if found incompetent they I are moved to Salem and are no longer a local responsibility. I Ed Kenyon, Eugene Register-Guard reporter, asked on what basis judges feel the hear- I ings should be in court and whether the public is excluded from those hearings. ,Assistant Manager answered that State law indicates hearings are to be held in a courtroom unless parties agree otherwise~__~ effort is being made to persuade the___ 2.74 8/27/73 - 17 -1 judges when other parties agree to hold the hearings in Johnson unit. In mental hearings, he said, the general public could be excluded. In answer to Wendy Ray, KERG, Assistant Manager said State law does limit medical treatment for those per- ,Comm -- sons held involuntarily. 8/~2/73 '.-- iFile In answer to Councilwoman Campbell, Assistant Manager said Lane County pays daily room and board for involuntary holds, the City does not participate in the cost. Answering Councilman Hershner, he explained that patients under the pr~sent under~ standing are held in the Johnson Unit at the expense of the County unt~l the comm~t- ment hearing. **Planning Commission Recommendations - July 10, 1973 A. Zone Change Recommended - South of Barger between Echo Hollow and Belt Line (Steinmul1er) - From C-2 SR and RA to C-l SR B. Zone Changes Recommended for Denial " 1. West of Quaker and north of 15th ( Bon son) - RA to R-2-3.7-SR 2. Southwest corner 14th and Hilyard (Loomis) - R';"3 to R-4 Comm 3. Northeast corner Cal Young and Gilham (Arbogast) - RA to R-2 8/15/73 - Pub Hrng Mr. Wood moved seconded by Mr. Keller to schedule public hearing August 27 1973 ~on the recommendations. Motion carried unanimously ~ ** See page 6 these mi~utes. /"" . . Mrs. Beal moved seconded by Mr. Williams to approve, affirm, and file as noted Items A . through HH. Rollcall vote. Motion carried, all councilmen present voting aye, Mr. McDonald absent. III - Ordinances Cduncil Bill No. 378 - Calling hearing October 8, 1973 re: Vacation of easement between City View and McKinley Streets south of West 20th Avenue was sub- mitted 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 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 I 16913, Mr. McDonald absent. Councj.l Bill No. 379 - Construction of sanitary sewer to serve Prospect Park PUD . described as Lots 37 and 38 Prospect Park Subdivision was sub- mitted and read by council bill number and title only, taene 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. I Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16914, Mr. McDonald absent. Council Bill No. 380 - Adopting plans and specifications for construction of sanitary sewer to serve Prospect Park PUD described as Lots 37 and 38 Prospect Park Subdivision 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'ofthe 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 16915, Mr. McDonald absent. Request for Waiver of Bid Procedure and award of contract for construction of sanitary sewer in Prospect Park PUD to Jim's Septic Tank and Backhoe Service fo~ $19,370. 7..15 8/27/73 - 18 Upon questioning from Councilwoman Beal, it was explained that the property to be served is in one ownership, and the owner who will pay the entire cost has chosen to have the work done at the price indicated rather than go through the bid procedure. Director of Public . Works added that the figure is based on estimates including engineering and financing charges. However, there is a saving in that no legal advertising is necessary. Mrs. Beal moved seconded by Mr. Williams to waive bid procedure and award the contract as requested. Rollcall vote. All councilmen present voting aye, motion carried (Mr. McDonald absent). IV - Resolutions Resolution No. 2212 - Calling hearing September 10, 1973 re: Abatement, 2375 Madison Street, was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. All councilmen present voting aye, Mr. McDonald absent, motion carried. Resolution No. 2213 - Authorizing deed quitclaiming easement south of Wilkes Drive, Santa Clara area (EWEB) was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. All councilmen present voting aye, Mr. McDonald absent, motion carried. .' Resolution No. 2214 - Authorizing payment of bills and claims for period August 13 through August 27, 1973 was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. All councilmen present voting aye, Mr. McDonald absent, motion carried. Resolution No. 2215 - Accepting Grant of $133,479.00 for Airport Development (FAA) Project No. 8-41-0018-01 was submitted. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. All councilmen present voting aye, Mr. McDonald absent, motion carried. Upon motion duly made, seconded, and carried, the meeting was adjourned. I . ~ A. K. Martin Assistant City Manager ~~. 276 8/27/73 - 19