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HomeMy WebLinkAbout10/23/1973 Meeting M I NUT E S EUGENE CITY COUNCIL '_ COUNCIL CHAMBER OCTOBER 23, 1973 Adjourned 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 October 23, 1973 in the Council Chamber with the following councilmen present: Mrs. Beal, Messrs. Williams, McDonald, Hershner, Mrs. Campbell, and Messrs. Murray and Wood. Councilman Keller was absent. I - Public Hearings A. Vacation of Center Way from Martin Street south 483 feet ~ (Brant) Recommended by the Planning Commission on August 13, 1973. A planned unit development will be served by realignment of the street making the old alignment unnecessary. Public hearing was held with no testimony presented. Council Bill No. 390 - Vacating Center Way from Martin Street south 483 feet t was submitted and read by council bill number and title only, . there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously, and the bill was read the . 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 ...."'>2" passed and numbered 16925. B. Abatement 2475 Miami Lane (Bebb) Building Division of the Public Works Department indicated tne building was sub- standard because of overall deterioration making it a structural hazard as well as presenting a fire and health hazard. Attempts to get the situation corrected have been unsuccessful. Council members viewed the property on tour. Public hearing was opened. -' Bob Kenyon, 2450 Potter Street, said he was negotiating with Mrs. Bebb, the owner, for purchase of the property and tpat he had filed for permit to remodel the structure. He asked postponement of the abatement proceedings to give him opportunity to bring the building up to Code. Public hearing was closed, there being no further testimony presented. . Manager suggested proceeding with the abatement authorization, then if within 60 days the purchase is not consummated and there is not sufficient evidence to show that the situation is being corrected, staff can proceed with clearing the property without bringing the matter back to the Council. Resolution No. 2225 - Authorizing abatement at 2475 Miami Lane was submitted I and read by number and title. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution, but postpone final action for 60 days after which time staff will determine whether to proceed with the abatement. Councilman McDonald said he had been familiar with this property for about 20 years and a great deal of work is necessary. Rollcall vote was taken on the motion as stated. Motion carried unanimously. C. RMBC,'License (New) - Papa's Pizza, 2511 Oakmont Way Requested by Jack Moore and Wayne and Elvia Weber for a new facility not yet con- structed to be located adjacent to a residential area on Oakmont east of Coburg Road. OLCC report indicates that out of 40 contacted in the neighborhood about eight were -- not in favor of granting the license; the balance had no objection. Staff has no reason to question the granting of the license. The property on which the pizza parlor is proposed is zoned for commercial use. However, it may be a matter of general policy whether this location would be compatible with the general neighborhood. Public hearing was opened. John Arnold, 2500 Sorrel Way; Harold Berg, 2532 Sorrel Way; William Little, 245 Vernal Street; and Victor Knowles, pastor for Church of Christ, 390 Vernal Street objected "3'0 10/23/73 - 1 I to the pizza parlor at the proposed location. Their objections were based on problems anticipated because of increased traffic, noise, proximity of other similar type establishments, incompatibility with the residential area. Mr. Berg thought plans e- to light the adjacent pond would detract from the residential character of the neigh- borhood. And Mr. Little felt it would present an attractive nuisance for children. Mr. Arnold said that those contacting neighbors about the proposed facility did not fully explain the intended installation and that there were more than eight opposed to the location. Manager noted that the number objecting was reported by the aLCC. With regard to lighting on the pond, he said staff was approached with that possibility as well as development of the bank of the pond for the applicant's use as well as opening it to the public. However, nothing was worked out and unless something was presented fQr Council approval there is no concern at this time with that proposal. Manager com- mented on the difficulty of deve~oping the area because of its being a commercial zone abutting a residential zone without some sort of buffer. He added there seems little can be done unless the Planning Commission would consider down-zoning it. Mrs. Beal moved seconded by Mr. Williams that the Council transmit to the aLCC its feeling that the proposed establishment is inappropriate in that neighborhood. Councilman Hershner asked whether the applicants had been notified of this public hearing. There was no indication they had been notified, whereupon Mrs. Beal with;# e consent of the second withdrew the motion. Councilman Williams felt the issue and hearing were well enough known in the neigh- borhood that the applicants were probably also aware of it. He wondered if any good purpose would be served by holding the application for notification to the applicants in view of the aLCC's normal policy of refusing licenses in areas where neighbors are in opposition. Manager reviewed the procedure followed in applying for liquor licenses and said that when the application is filed the date of public hearing is assigned. In this instance the aLCC investigation was more extensive, going beyond the assigned date of August 27. Mr. Williams moved seconded by Mr. Murray to transmit to aLCC the belief that neighborhood opposition to the proposed pizza parlor indicates granting a liquor 'license at this time'would appear inappropriate. Councilman Hershner said he would vote against the ~otion, not on its merits, but be- cause it appeared there was not adequate information to show that the applicants were notified of this hearing. He felt there was some injustice without having assurance I of their being aware of this hearing. Councilman Wood shared that concern. Councilman Murray felt a typical process was followed without the applicant's having taken the initiative for further input. Manager noted that this hearing to the extent that it . resulted only because of indicated opposition in the neighborhood was not normal pro- cedure. Councilmen Murray and Beal felt in that instance the applicant should have the opportuni ty to'~be heard. Councilman Williams with consent of the second withdrew the motion. Mrs. Beal moved seconded by Mr. Williams to withhold action until the applicant has been notified of public hearing. Councilman McDonald thought aLCC might go ahead with approval of the application if Council recommendation was held for another two weeks. He said he would vote favorably on the motion only with the understanding the aLCC would not take action before the Council recommendation is received. Mayor Anderson noted that the aLCC does not take action on applications without response from local governmental agencies. Vote was taken on the motion as stated. Motion carried unanimously. Mayor Anderson for clarification said there would not be another public hearing, only that applicant would be given opportunity to be heard. Mrs. Beal suggested that the applicant be asked to respond in writing, his letter to be circulated to Council members and to those opposed to granting of the license. . D. Staff Appeal, Sign Code Board of Appeals Decision - September 17, 1973 1. Boon's Red Carpet Motel - Nonconforming off-premise directional sign at 310 Jefferson Street. Staff recommended denial. Board of Appeals permitted sign to remain. 2. Pape' Bros., Inc. - Nonconforming pole-mounted sign at 2300 Henderson Avenue. Staff recommended denial. Board of Appeals permitted sign to remain. 3" 10/23/73 - 2 Postponement was recommended because of lack of notification of public hearing to Boon's and Pape' Bros. ~ Mrs. Beal moved seconded by Mr. Williams that the staff appeal be postponed ... to the November 5, 1973 Council meeting. Motion carried unanimously. II - Consent Calendar Items acted upon with one motion after discussion of individual items if requested. Previously discussed at committee-of-the-whole meetings on October 10 (Present: Mayor Anderson; Councilmen Beal (arrived later), McDonald, Hershner, Campbell, Keller, Murray, and Wood) and October 17, 1973 (Present: Councilmen Beal (presiding), McDonald, Williams, Hershner, Campbell, Keller, Murray, and Wood). Minutes of those meetings appear below printed in italics. ~ A.Active Bethel Citizens request for review of assessment procedures - Copies of letter' received from the Active Bethel Citizens (ABC) in August were distributed to Council imembers with agenda of this committee meeting. ABC requested a study of methods of assessing for street improvements and consideration of aid for persons on low or fixed incomes whose property may be assessed for improvements. Another concern was extension of Barger Drive to the west city limits. Manager e~plained that the letter was held because of work in progress on development of a neW method of assessment for alley paving and the thought that the entire question could be brought to the Council at one time. ~ 'Manager commented on the complexity of assessing for public improvements, involving ~ Charter amendments which require a great deal of study and consideration before changes are proposed, particularly if the c.hanges will require voter approval. He ;suggested discussion at this time might center on how to proceed - continue ~ith the present study of assessments, ifivolve a Coun~il committee, assign staff to work'on the whole question of assessments for public improvements, etc. He noted : the thrust of the ABC concern was the benefit factor as it applied to different ;land uses. They feel the present method is not equitable because of the mixture of single- and multiple-family structures in the community. Ed Lundberg, 4120 Concord Street, representing the ABC group, confirmed their con- : cern with assessments against single~fa~ily units made on the same basi~.as assess- ments agai~st larger uni ts. He pi ted the Oakway Ro~? ~'IJ'ing as an example of assessment against abutting properties when ~he project serves a much larger area. Mr. Murray moved seconded by Mr. Wood that the question be referred to the sub- *** commi ttee on alley assessments (Councilmen Beal and Hershner and former Councilman Bradshaw) ~nd request that specific recommendations be returned to the Council re- garding determination of assessments, giving particular attention to the alternate methods of assessments mentioned in the correspondence from the ABC. a : Councilman McDonald wondered whether it would be more appropriate to appoint a com- W : mittee separate from that studying alley assessments. His reasoning lVas that on alley: improvements it was a case of assessing single-family homes on one side and multiple- :family units on the other side, whereas he felt the concerns with regard to street :assessments were entirely different. He thought too that as the community grows I and there is a greater demand for public ,improvements, if there was to be considera- ,tion of changing the procedure of assess~ng for those improvements, there should be 'a separa te caromi ttee created. . _ _~ _ _ . '---~-----~-~~_..- ..,~-..\ Councilwoman Beal arrived at the meeting. Councilman Murray had no objections to Mr. McDonald's suggestion. However, he i thought the alley assessment committee would have a head start in accruing knowledge ,on which to base recommendations. Councilman Hershner agreed with that view. He noted however that if that committee is to be charged with other areas of concern an appointment should be made to replace former Councilman Bradshaw. Manager suggested that if the motion was accepted Mr. Bradshaw's presence on the committee might be appropriate as a layman representing the public rather than as a councilman. Councilman Keller's understanding of the motion was clarified - that the present committee studying the method of assessing for alley improvements would pick up ~ additional responsibility of making recommendations on the ABC suggestions for , street improvement assessments. Councilwoman Beal wondered whether the legal memo was ready which was requested some time ago with regard to Charter amendment to permit some other than the present, method of assessing for alley improvements. She didn't think the committee could ; function without that information. Manager acknowledged that preparation of an amendmel!.t had.taken muc~~9~~r_!=hca..n~nti_c.i_pat~d'_u1!~__sa_id the latest draft ~as_, '3'2. 10/23/73 - 3 just reviewed, some changes suggested, and referred to staff for further review before going back to the Attorney. Staff's concerns are that a process will be developed of sufficient stability to obviate changing the assessment process each time a new hardship situation arises, and at the same time be flexible enough so -- that every time a change occurs in structure or procedure a Charter amendment will not be necessary. It is hoped to have a workable procedure from the standpoint of legislative need, yet stable enough to predict ahead of time and let the people know what is involved in assessments when a public improvement occurs. Councilman Hershner wondered whether the committee at the same time should become involved with deferral of assessment payments for hardship cases. He noted that a fund for that purpose was created and hardship situations were brought up in considering a change in alley assessment methods. Councilwoman Beal suggested that the subcommittee review the draft mentioned by Manager before it is finalized to be sure it provides for what the subcommittee wanted. Manager said he would rather have agreement at staff level on what was to : be presented before it was taken back to the subcommittee. 'Council agreed with Mayor Anderson's suggestion that former Councilman Ray Bradshaw remain a member of the alley assessment committee if he is willing to serve. Mayor Anderson also urged inclusion, at least in the first meetings, of representatives of the ABC Traffic Committee, who initiated the request for consideration of a change in street assessment policy. He said it had been his experience that many times problems can be resolved by explanation of existing processes, and he thought e : it very important that the people who proposed changes know exactly what the pro- cedures are before any changes are made. lCouncilwoman Beal suggested appointment of another representative of the Bethel : area on the committee, saying that although Mr. Bradshaw's aid was valued he was ; extremely busy and she wanted to be sure there would be three people able to attend ~meetings. Councilman ~urray noted Mr. Bradshaw's long-standing membership on the " committee and felt he would be able.. to serve. It was understood Mr. Bradshaw would be asked and if unable to serve, Councilman Murray would be appointed. Comm Vote was taken on the motion as stated. Motion carried unanimously. JO/:J.0/73 Approve >Councilman Murray expressed the hope that the concern about the Barger Drive improve- ;ment would be taken into consideration since it would not be addressed through action just taken. Manager said that as planning proceeds on the Barger Drive project there jwill be contact kept with both the neighborhood group and the Council. And Finance Department will be assigned to questions on assess.ment in hardship cases, working on a process for judging hardship cases and method 0/ handling. B. : Realignment of Ward Boundaries';' Manager said there maybe-legItimate reason to" -- review ward boundaries in view of potential problems with inequality of representa- . . tlon because of recent annexations and lack of geographical continui ty in Ward 3 and to some extent in Ward 2. He commented on the last realignment of boundaries ,made in 1972 to cope with equalit~ of representation when the City's POPUlation was 79,000. Now the population is 90,100, with probable addition of about 2000 upon completion of the Willagillespie annexation. There is possibility of. not meeting the Supreme Court one-to-one representation requirement under the present ward alignment. -- -,,-,,-,.- ' ._~--;. -- . -",' -.-~ ... ,. .. . "- .. -- .----- :Manager continued that one of the problems encountered in reworking ward boundaries- :is question of legislating elected officials out of office - not only council 'members, but also EWEB members who are elected from wards. Also, some of the ap- iproaches might involve Charter requirements if there is to be consideration of change from the present method of nomination and election by wards. He said the :Mayor has suggested a way of nominating and electing council members which may in- , volve reworking the Charter, and money has been budgeted for starting that process. i The decision in that respect now is whether to codify, update, and eliminate duplica- tion or take a broader approach of redoing the Charter completely. Councilman Murray asked whether the Charter dictates that there shall be four wards in the City. Manager said the Charter states that the Council may divide the City . into wards. It also states that if the City is divided into wards a councilman must live in the ward from which he is elected, and people in a ward can vote only :for the councilman in that ward. Nomination by wards and election at-large may ,require a Charter amendment. i ,Councilman Murray asked then whether the Council and EWEB must have the same kind of geographical representation or would election of councilmen from eight wards and EWEB members from tour be possible. Glen Stadler, representing ~WEB, read the'; '3'~ 10/23/73 - 4 section of the Charter which established the Eugene Water & Electric Board and which provides that there shall be five EWEB members, at least one member elected from e each ward. Councilman McDonald thought a 16-member council would be very cumbersome if there was thought of creating eight wards with two council members from each ward. He I wondered if a change of tha t sort would require voter approval. Mayor-Anderson responded that any major revision of present ward boundaries or election procedures would require a Charter amendment. He offered to head a commi ttee, or appoint a , commi t tee, to investigate Charter revision and enlist support from local government center to gather information from other cities and other areas for contributions ; toward Charter revision. Councilman Murray explained that in raising the idea of eight wards he did not in- tend that there be two representatives from each ward, rather that there would be one from each ward with half being elected every two years. He supported the Mayor's suggested approach and said he would like to see in addition some preliminary preparation of a map by the Planning Department to give an idea of alignment of eight wards. Mayor Anderson thought that instead of going into technical detail 'at this time consideration should be of whether the present system is adequate. 'He thought realignment of ward boundaries did merit consideration in view of present efforts to establish neighborhood organizations and Council relationship to those organizations. Growth of the City also entered into the question. He felt a committee : should be created which could consider planning information as well as legal questions, e ,using views of local government people and Council members on which to base phased , reports. After the first phase is completed the project could be cut off if Council : decided at that point further work was not merited. _,,,. h__, __ ,_ ."~. _ -- -- - - -_.~ ----, Councilman McDonald supported the Mayor's view and said he personally would like to serve on such a committee. Councilwoman Campbell wasn't aware that representa- tion was strictly limited to ward boundaries. She said she received many calls from citizens living in wards other than hers to which she responded. Councilman Murray said he followed basically the same premise and responded to calls from other wards concerning particular issues. However, he felt it incredible that elected people could adequately represent the three or four sections of Ward 3 with its very diverse, geographically separated sections - Willakenzie, Bethel, West Side _ having different perspectives, problems, and concerns. Councilwoman Campbell wondered how the election process operated in Springfield. Mr. Stadler confirmed that nomination there was by wards, election at-large. Ed Kenyon, Register-Guard, recalled establishment of new ward boundaries in 1972 wherein a key factor appeared to be that redrawing of boundary lines should not affect the position of anyone in office at that time. He wondered whether the . Council as a matter of policy would clearly instruct any committee charged with ~realignment of ward boundaries at this time to take into consideration incumbents ,or disregard that factor. ~ \ i Mr. Murray moved seconded by Mr. Wood that the Mayor appoint a committee consisting I I 'of three Council members, chaired by the Mayor, to study the issue of ward realign- , ment and consider several alternative possibilities, including that OT dividing the , City into eight wards. Motion carried unanimously. Corom ~ --. .. _..~ ....,.-. . - - .-. ------TO!IO/73 John Tiffany, president of I::WEB, suggested including a representative of EWEB as Approve a member of the committee. Mayor Anderson answered that other people would be in- cluded; his understanding was that the committee should include at least three Council members. Councilman Wood wondered whether the 1990 Plan would be part of basis for redrawing boundaries. He felt location of a person's residence was not so important as one's ability to represent the City or its citizenS. He thought too density of certain areas should have a bearing on location of division lines. Manager said census \ tracts and precinct bo~ndaries would be used as guidelines; however the urban service~ boundary probably would not be taken into consideration since there would not be representation of those living outside the City. Coucnilwoman Beal thought use of . the urban service boundary defining limits of future annexation would be an important ~ol}.~~_~~ra~~~~,_~tJ drawin~ _per..,!,a})ent ward alignment. ..;.-.;.-.- .,.....- ....:,.~......, .- .:,:...... ,,_ _._~______._____J C. Task Force Recommendation on Airport OWnership - Copies of recommendation from the Airport Task Force, appointed to study long-range financing of the airport, together Jwith letter from Chairman of the Airport Commission were previous~y distributed to Council members. The Task Force recommended that the Council by resolution ask :Lane County to accept ownership of the airport as well as outstanding debt: service ,'~nd encourage the County t~ develop a, process whereby they can support.. the airport 3'~ 10/23/73 - 5 f1.nanc]"iiIly--on a broader base. They also recommended -that the -c1. ty contract for a-n economic feasibility study by the consulting firm which prepared the Airport Master Plan in order to get a financial projection of the airport's ability to sustain it- self as well as suggest how to enhance its earning, capability, thereby making its e - ownership less burdensome to the County if it is willing to accept the facility. ' Norva1 Ritchey, member of the Airport Commission, told the Council that the-Commis- sion had given unanimous approval to the Task Force recommendations. Councilman McDonald thouqht it more appropriate that the County be asked to "approve the concept of County ownership" than to "accept ownership." Councilwoman Campbell asked if there had been any indication of how the County would finance the airport. She wondered what would happen if a financing proposal were rejected again by voters. Manager answered that there was no specific proposal. The recommended economic study would indicate the most appropriate method. Bob Shelby, ~airport manager, re~~that there- was some thinking in the County that financing - measures should be ironed out at staff 1 eve1f irst. TlieCofll17ii ssloners do not at this time have any particular plan for airport operation. Mr. Ritchey added that the economic feasibility study was included as a part of the total plan for transfer. The Commission was thinking of the possibility of the airport's being a profit- making venture in the next five to ten years. Councilman Wood expressed support for the recommended approach to provide a larger tax base for airport operation, and said the economic study seemed a logical first ~ !step in that direction. ' I Mr. McDonald moved seconded by Mr. Hershner to endorse by resolution the concept Comm of County ownership and operation of Mahlon Sweet Field. 10/10/73 Approve In answer to Councilman Keller, Manager said City capital investment at the airport would be transferred to the County. Vote was taken on the motion as stated. Motion carried unanimously. D.'Economic Feasibility Study, Mah10n Sweet Field - Recommendation was to engage Arnold Thompson Associates at an estimated cost of $8,000 to prepare an economic feasibility study on Mah10n Sweet Field. The project would be funded from airport funds and would not come from the City's general fund. Comm Mrs. Beal moved seconded by Mr. McDonald to authorize a contract as recommended. 10/10/73 Approve - -- -..- - - - -, Councilman Murray asked why the City should obtain the economic study if there is' I possibility of County ownership. Manager explained that regardless of ownership the information will be needed. It will help the County in consideration of owner- _ , ship. If the facility stays with the City, projections on earning capacity and . how it will be accomplished will be necessary in facing future capital improvements. Assistant Manager added that the study would also help in renegotiating contract with air carriers. .In answer to Councilman Wood, Manager said the contract provides for completion of :the study 90 days from date of notice to proceed. ,Vote was taken on the motion as stated. Motion carried unanimously. , Councilwoman Campbell expressed concern about the trend of transferring pUblic facilities and attendant responsibilities to fewer elected officials, referring to Lane County's three commissioners versus the City's eight council members, re- 'cent transfer of the jail, current consideration of the airport, and future possi- bility of County library system. Councilman Wood noted-,the regional nature of the facilities mentioned. Mayor Anderson observed that thE!Commissioners serve 'on a compensated full-time basis. E..Appeal from Planning Commission denial of rezoning, Earl Green property north of Kins Row, south of I-10S - From RA to R-2 PD (October 2, 1973) Mrs. Bea1 moved seconded by Mr. Wood to schedule public hearing at November 5,1973 Council meeting. Motion carried, all council members present voting aye except _, Comm . Mr. Hershner abstaining. )0/10/73 - Approve Councilman Hershner said he would abstain on any matter relating to this issue since his-law firm represents Earl Green. 3' S 10/23/73 - 6 F. 'Segr ation of Assessments, sewer at southwest corner of Jessen and Minnesota _ Requested by Elta A. Dixon, 2294 Minnesota Street. Payment for the portion to be - segregated has been received ($692.74) leaving a balance of $1,013.53. Comm Mrs. Beal moved seconded by Mr. Wood to authorize the segregation. Motion 10/10/73 carried unanimously. Approve Councilmen McDonald, Hershner, and Keller left the meeting. - ~~ --~- ~-~--~--_. G. Petition, paving Fillmore Park, and sanitary sewer on Fillmore Street from 24th to north boundary of Fillmore Park - 50% Public Works Director explained that the remaining properties abutting the project are owned by School District 4J which does not oppose the work. Comm Mrs. Beal moved seconded by Mr. Wood to accept the-petition. Motion carried 1'0/10/73 unanimously. Approve . ~'. ..~--, -, _.~- -- ---,----....--. A nonprofit corporation was formed to develop a roller skat- , H.Roll-on Skating Rink - :ing facility for the Eugene area. Funding assistance was requested from the Room Tax Allocation Committee. Council endorsement of the proposed project was requested with the understanding that it was not an effort to influence the Room Tax Committee, only for approval of concept so the Committee will know the Council is aware of the proposal. e Bobby Edwards, representing the nonprofit group, summarized the history 'of the project. In looking for a business enterprise for minority people they felt a re- creational facili ty seemed the most appropriate and that there lias need 'for a skating irink in Eugene. On advice of financial people the original project was scaled down ;deleting provision for a day care center. Copies of letters from people in the community supporting the proposal as well as sketches of architectural designs were previously distributed to Council members. Mr. Edwards asked Council endorse- :ment to make the community aware of the project without pressuring the Room Tax .Committee for approval of the group's application for funds. He mentioned plans to use the Roller Derby as a way of attracting financial support. :In answer to Councilwoman Campbell, Mr. Edwards said the corporation was formed as ,a. nonprofit organization because of various benefits to be gained - taxes, dona- tions, contributions, ability to charge lower prices for use of the facility, etc. , :Councilman Wood asked whether provisions would be made for serving the entire com- , imunityif the facility is operated as a minority business. Mr. Edwards said ini- itial concern was with lack of minority business enterprise in the community, but Iconsideration would be given to adding board members representing the total community. -'. -.' ..- + . F -. --'-.- -.-.- ...-. -., '-", '---. . - --"- . '.. ~ ~. _.....r. ' .. -. Councilman Keller noted the number of other roller skating rinks now.in operation . in the area and asked if consideration was given to an ice skating rink. Mr. Edwards replied that this group had not considered an ice rink but other business people had investigated and fOund from economic studies that it was not feasible. He added :that surveys have shown a roller skating rink would receive a great deal of use, :also noting the increase in popularity of roller skating. I Councilman McDonald wondered whether opening of another roller rink would force closure of those now in opera tion, thereby removing their value from the tax rolls, and whether the nonprofit operation would be tax free. He wondered too if the rink was ,used asa part of the City's recreational program whether it would be funded through the City budget. Mr. Edwards said Krek1au on Fox Hollow Road had approached the Roll-on group wanting to sell that rink, and owners of the rink in Springfield had expressed a desire to build another one in Eugene. He said they didn't expect the Ci ty to support the facili ty in any way. Manager said that depending upon the type of program, there is possibility of its being partially tax supported if the facility were to be used in a manner similar to the Parks Department use of school facilities. Mrs. Campbell moved seconded by Mr. Murray that the Council endorse the concept of the nonprofit corporation which would develop a roller skating rink within the ,city of Eugene. - Councilman Murray said that although he strongly supported the project and felt it important to the community he wondered if it would be possible to endorse the project without influencing the Room Tax Committee. He thought it might not be appropriate to give conceptual endorsement before the proj~t's consideration by the adivsory board. Councilman Williams concurred with that view. In addition, he expressed concern about endorsement of one enterprise when others of the same nature exist in the community. Councilwoman Campbell referred to Council endorsement of the ,!!gnprqfi_~ _~l1.diE?-r~~!E proposal and said~l!._~e_e!!!~ ~o __~ no tr~!!.})le with tha~___~ "3\~ 10/23/73 - 7 .~.. . -.-.,-----,.- Mr. williams said it was a different situation-in that no other ,_~ _ u' endorsement. auditorium existed in the community, and if the facility had been built it would .have been owned by the City. Councilman Hershner also had concerns abou~ endorsing ..one business endeavor as opposed to another, either profit or nonprofit. _- Councilwoman Beal suggested endors~ment of the concept on an individual basis there~ by indicating no intent to influence the Room Tax Committee. Manager suggested the endorsement might be defined as approval of the idea but not endorsement of the use of room tax funds. He felt the City many times was involved in providing support for and endorsement of private enterprise types of activities. He men- tioned the new hotel development proposed in the downtown area, recently considered by the Council, and said the Renewal.Agency is actively pushinq for that project. M Campbell revised her motion, seconded by Mr. Murray, that the Council ~ndorse rs . , " th' t t t the concept of the roller skating rink, specify~ng ~t ~s not ~ ~n en , 0 ~n- fluence in any way the funding decision of the Room Tax Allocat~on Comm~ttee. Councilman Keller felt there ~ould still be a problem be~ause funding ,would still t 'nto the iscue Favorable Council vote on the mot~on would be ~nterpreted as ( en er ~ ., . , ,,' " support. He concurred in approval of the concept but felt ~t was play~ng ga~es, with funds. Councilman McDonald also expressed support for the concept but d~dn t like the idea of in~tiating funding of the facility. Mr. Keller moved seconded by Mr. williams that the request for endors~ent be ~abled until disposition of the application for room tax funds is kn~wn. Mot~on c~rr~ed, Comm e Councilmen Beal, Williams, McDonald, Hershner, and Keller vot~ng aye; Counc~lmen 10)17/73 Campbell, Murray, and Wood voting no. Approve Manager suggested having information with regard to status of the app~ic~tion avail- ,able for Council members at the october 23 Council meeting. On q~est~on~ng from. Councilman Keller, Mr. Edwards said the Room Tax Committee 'had rejected th~ appl~ca- tion because of legal problems concerning whether the applicant was a prof~t or 'nonprofit organization. - Councirwoman Beal suggested reconsideration. She said that although she voted at committee to table the issue, after having read the motion made by Councilwoman Campbell she felt that action in no way would prejudice funding of the skating runk by the Room Tax Allocation Com- mittee. Mrs. Beal moved seconded by Mrs. Campbell to approve the concept of the roll-on skating rink as stated in the motion made by Mrs. Campbell (see above). Councilman Williams questioned procedure - first, whether one who seconded a motion had to vote on the prevailing side; second, if the matter was to be reconsidered there would be a question about when concerns were to be discussed. Mrs. Beal moved seconded by Mr. Williams to reconsider the committee action. Motion . carried unanimously. Councilwoman Campbell noted the presence of proponents of the rink proposal and asked if they could be heard. Bobby Edwards, 885 East 37th Avenue, said the intent of those proposing the roll-on skating rink was merely to make the Council aware of the project and to gain its endorsement. He said if it was going to cause controversy they would prefer that a letter be written endors- ing the concept of the rink to be signed by individual Council members supporting the proposal. In that manner formal endorsement by the Council as a body would not be involved. There was general agreement on this approach. Councilman McDonald noted rejection of the application by the Room Tax Committee because of question about the organization's being profit or nonprofit. He asked if the City Attorney could give some opinion on that question. Mayor Anderson explained that the method of financing was not under consideration, only the sentiment of public leadership to enable the sponsoring group to go ahead with the project. Councilman Hershner asked if the statement to be drafted for presentation to individual Council members would be on the concept of the skating rink only and not taking a position on whether the City should or should not assist in funding. He said he had been contacted - since the committee meeting with at least an indication that private enterprise was interested in the proposal if there was public funding. Mayor Anderson said it was his understanding that the letter was to be included with others from leaders in the community supporting the project and had nothing to do with funding. Councilman McDonald said he supported the concept but would not endorse the idea of initiat- ing funding. - 3\, 10/23/73 - 8 - Don Loomis, attorney, 825 East Park Street, spoke for Harold Harsch, owner of the Rolladium Skating Rink in Springfield. He said his clients are in private business and have plans for purchasing property in the River Avenue area for the purpose of .- building a roller rink. He felt Council endorsement of the roll-on rink proposal would jeopardize not only their position in negotiations for property purchase and financing arrangements, but also their application for conditional use permit to allow the facility in the location chosen. James Kreklau, owner of a roller skating rink at 5300 Fox Hollow Road, commented on plans for improvement and expansion of his rink and the possibility of purchasing property in the Highway 99 North area for construction of another one. He said he had been told by his attorney that the City should not endorse a competitive type business. Dorothy Moore, 1710 Fircrest Drive, objected to the endorsement by the Council on the basic concept of its being public vs private enterprise. Manager explained that it was the intent of the Council to table consideration of offi- cial endorsement of this proposal. Then individual members of the Council would be free to do as they wished in supporting the project. Councilwoman Campbell noted Council endorsement of White Bird Clinic. She felt this was similar. She thought if the proponents had the initiative to develop this type facility with interest 'of the community in mind they should be supported. She said it e was a nonprofit organization. Councilman McDonald noted that White Bird endorsement was for one year only. Also that the Parks Department charges fees for some of its programs. It was understood a letter would be prepared for endorsement of the roll-on skating rink proposal concept only by individual Council members desiring so to do. I. ]Request for Increased Taxicab Rates, Terminal Taxi Service - Request was received from Donald F. Bach, attorney, on behalf of Terminal Taxi Service for increase in taxicab rates. Manager noted that the last increase in rates was in February 1973 ,after a ~tudy by Finance Department staff only. There was question at that time . whether a Council subcommittee should be involved. If staff is charged with the present investigation, there would be some concern about timing because of the workload. In answer to questions from Councilmen Williams and Beal, Manager said the request was from the same concern requesting the previous increase and that there had been no contact from other taxi companies. If Council feels the matter I can be delayed until after the first of the year, he said, staff can work out ar- Comm .rangements for looking into the matter. 10/17/73 See -Mr. McDonald moved seconded by Mr. Hershner to postpone consideration of the rate Council ,increase request until after January 1, 1974. Motion carried unanimously. action ,-,'-- ..--..-. ......-.. .....~-rc.... ,,-., - ..'- .-". ,,---- . below. Donald Bach, attorney representing Terminal Taxi and Eugene Taxi, said the rate increase request was to meet a survival situation. Taxi operators in the Eugene/Springfield area are experiencing drastic economic problems at this time, he said, and something will have to be done if taxi service is to be maintained in the area. He noted the last rate in- I crease granted in March 1973, but said cost-of-living increase has had the most direct effect on the companies' financial situation. He urged the Council to reconsider and adopt a procedure at this time for investigation on whatever basis would give an honest evaluation of the situation. He added that unless the taxi operators receive a reason- able rate the City would no longer have that important part of the transportation system in existence. Councilman Williams suggested that it was no more appropriate for the Council to set taxi- cab rates than to set the price of other commodities in the City. Aside from that he didn't feel the Council wanted to be faced with consideration of new rates every six months which would seem probable in an inflationary society. Councilman McDonald said he thought it was the Council's responsibility under Charter or ordinance provisions to set rates for both taxis and ambulances. In answer to Councilwoman Beal, Mr. Bach said that in his letter requesting the increase he stated he represented the Terminal Taxi Service only. As it is, he represents both the - Terminal Taxi and Eugene Taxi. He said he had had no response from Springfield with regard to their action on the request. Councilman Hershner said that he was not prepared to judge Mr. Williams' suggestion. Neither did he doubt Mr. Bach's representation that taxi service was vital to this com- munity. He wondered whether staff could go ahead with gathering information from other cities with regard to current rates. Manager replied it would take time; the latest in- formation was gathered in February 1973 with no update since that time. Mr. Bach said ~\~ 10/23/73 - 9 bot~ cab companies were willing to provide any information they had from other areas, thelr own books and records on salaries, or any other information which would aid in the investigation. e- C~uncilman M?Donald suggested appointment of a Council subcommittee to analyze the situa- 'tlon: Counc~lman Murray a~d Mayor Anderson favored having the Finance Department collect the lnforma~lon. Manager lndicated the assignment could be accomplished in a reasonable length of tlme. ~r. Murr~y moved sec?nded ~y Mr. Her~hner to ~roceed with collecting the necessary lnformatlon for conslderatlon of an lncrease ln taxi rates. Motion carried unanimously. J. Meltebeke Appeal, Zoning Board of Appeals denial of. use of property at Comm 2136 Rocky Lane for office and storage purposes - set public hearing for 10/17/73 November 5, 1973. Approve K. Abatement, 1075 West 6th Avenue - Call public hearing November 5,1973 Comm 10/17/73 L. State Speed Control Board Recommendation - 30 mph for FriendlY:Btreet App,rove from 18th Avenue to 28th Avenue :41Comm 10/17/73 M. Sale of EWEB Property to Oregon Industrial Lumber Products, Inc. - Approve 30-foot strip about 1000 feet in length near Hayden Bridge water treat- Comm ment plant. 10/17/73 - N. PB License, Fred Meyer, 225 River Road - Change of ownership, formerly Approve Comm ~alu Mart. Individual endorsement sought by applicant to permit forward- 10/17/73 Lng of application in time for OLeC meeting. Approve O. Council minutes - October 8, 1973 - As circulated Approve P. -CommiE tee ~or Selection of Second Municipai-Y';dge ~iiayor-A~ncierson.a-nno-unce(i I ,those appoInted to recommend to the Council three names from which to choose' a second municipal judge: I I Attorneys ,John Luvaas, chairman, 777 High Street , Gregory Foote, 1501 Pearl Street Malcolm Scott, 1170 Pearl Street Comm Laymen Ray StubbS, 1905 West 13th Avenue 10/10/73 Jeffrey Johnson, 758 East 12th Avenue, Apt.Hl Affirm Mrs. Paul Lafferty, 766 Crest Drive Councilman Robert E. Wood Ex off~cio: Judge Frank Bocci I - -00___ . Q~Petltion for Traffic Safety'Facility at '30th and Agate - Petition containing about 150 signatures of residents in the vicinity of 30th and Agate was read requesting construction of an overpass or appropriate electrically operated traffic signals at that intersection. ;public Works Director explained that Lane County has awarded a contract for rework- 'ing 30th Avenue to accommodate four lanes of traffic. Included in that contract is provision for channelization of traffic at the Agate intersection. After observation of the effectiveness of that channelization, County will decide whether signalization will be installed. The County has indicated that the project will probably not be started until next spring. Also that it is neither financially possible nor do accident statistics warrant construction of the suggested overpass. Councilman Keller asked if ~he petitioners had been advised of the project under contract. Mayor Anderson suggested response to the group to that effect, since there appeared to be nothing the Council could do. . Councilwoman Campbell wondered whether reducing the speed limit on 30th would help. She cited instances of trucks being wrecked because of excessive speeds. Public , Works Director answered that the incidents mentioned were the result of mechanical I I failure, not excessive speed. He added that speeds are set by the State Speed Con- -e : tro1 Board so review would have to be requested if it is thought speeds should be changed. He cautioned however that because 30th is over-driven - cars traveling at \ speeds higher than those posted - it is entirely possible a review would result in I raising rather than lowering the speed limit for that facility. Councilman Wood recalled patrol of that area prior to construction of the crosswalk because of excessive speeds. . - ..,-', . ~\~ 10/23/73 - 10 '. ; ; Councilman Kel~er felt there should be concern because those presenting the petition . were City residents. He wondered if the County was aware of the potential for rear- end accidents because of traffic slowing to turn left at the Agate intersection in . the high-speed lane. Public Works Director explained that the traffic channelization in the County's project would correct tha t movement. It was understood petitioners would be advised of County plans for 30th as well as Comm the ch~nnelization of traffic at the 30th and Agate intersection. 10/10/73 .. -~------Affirm 'Governor's Select Committee, Conflict of Interest Legislation - Letter addressed ~ R. :to Mayor Anderson was brought to the Council's attention with regard to invitation ,to present testimony on conflict of interest legislation at public hearing in 'Salem on October 16, 1973 before the Governor's Select Committee. The Committee is looking at a Common Cause proposal primarily requiring filing of disclosure statements of financial connections of people running for pUblic office, and studying the question of levels of government to which such legislation should apply if approved. They were concerned about reasons for the Governor's veto of the conflict of interest bill passed by the Legislature, and the inequities which he felt the bill contained. Manager said a good deal of testimony has been presented to the Committee by public officials that requirements of th~ legislation could become so burdensome it would e 'discourage voluntary public participation in government. In his testimony before 'the Committee, he said, he suggested that guidelines of the type usea by the Plan- ning Commission and Council - when there is recognition of conflict and the degree, : they abstain from participation - were much more effective than public disclosure I '!f. c:o~_f~ict of_i_nt*!:_est~ ,..e.specially at the local government level. -.---,.----.----. ~- .~~ : Cou!)cilwoman Campbell remarked that at the time of discussion on land use .legisla- tion it was noted officials of some smai.i.towns received profi ts. She noted legis'latio'n was passed which now requires appointment of planning commission I members by councils rathir than by mayors. , Councilman Hershner wondered whether the Council should endorse the Manager's remarks before the Committee. Councilwoman Beal felt there could be situations arise where this type of legislation would be helpful and more representative of I the people: She was not willing to let the legislation rest in its present status, saying there may be future need for safeguards. She didn't feel financial dis- I closure was a major consideration. Manager for clarification of his remarks said the thrust of hlS personal views was that the most important thing from the pUblic I standpoint was public confidence in their representatives, both appointed and elected, and public disclosure may be one tool that should be used. However, it should not be designed to require the type of disclosures that would be burdensome e and discourage public service. He agreed there was need to address the problem but did not want to see an "overkill." He said to this point the idea had not been considered of spelling out in the legislation what councils or commissions , do as it relates to conflicts in order to have a reference to determine when they , should abstain from participating in a discussion or a vote. I Councilwoman Beal said she would not want to see the City take the position either ' that it was not interested in this kind of legislation or that it was unnecessary. : It wouldn't be needed, she said, in a community where people were fundamentally honest and high standards exist, nor is it always a question of 'having good legisla- tion, because the "watchdog" function could be time consuming and difficult. She thought the issue ,~hould receive study before a position was taken by the City. Councilman Murray 'agreed. - Councilman Hershner was concerned that no action on the ,invitation to present testimony would indicate no interest. Mrs. Beal suggested Comm ,drafting a letter expressing her own point of view which could be signed by otherslO/lO/73 :of the Council who wished to sign. It was understood that members who wished to Affirm ;present pe~sonal views to the Committee could attend the October 16 hearing. .~. - . ~_. -,' ,......- ," .- -.. ~, --.--- . S. Joint Meeting with Eugene Water & Electric Board -, Scheduled for October 29~ 197i e to discuss items of mutual concern - community goals statement in 1990 Plan; ; update progress on the Plan, partic~larly as i~ relates to LCC and Airport areas; water extensions within the urban service boundary as they affect requests to :EWEB; projected water supply needs and al ternatives; rate structure problems and: Comm 'in-lieu-of-tax payments; undergrounding and cost; street lighting. The date ap- ~O/lO/73 peared to be satisfactory for those present. (Arrangements have since been made! Affirm 0 for the mt;teting to be held in the i-ibrary at 7:30 p.m.) / ~'-'- - ---...---- ----~ '! 2.C) 10/23/73 - 11 T. Use of Bicycle Paths - Councilman Williams wondered whether the City by ordinance Comm could enforce use of bicycle paths by bike riders. He noted the number of paths 10/17/73 built for that purpose and the substantial number of people riding bikes in the Affirrrl e~ middle of the street. It was understood the question would be looked into. , .. - . --. - - ,,,--= ~ *- - ---. .. - " - , .. U. Planning Commission Appointments- State law now provides for appointment of plan- ning commission members by councils. Terms of two Eugene Planning Commission members will expire January 1, 1974, one of which is that of Betty Niven who has expressed the desire to not be considered for reappointment. It was suggested Council give consideration to prompt implementation of a selection process in order to have ap- ,pointees available on January 1. ,Councilman Wood suggested a special meeting of Council members in order to review 'criteria, choices, "etc. Mrs. Beal thought it would be helpful to have a list of !present members, qualifications, length of terms, etc., to give an idea of the : type of expertise felt needed. She suggested appointment of a Council subcommittee : which would consult with the Planning staff and screen nominees. 'Councilman Williams thought a meeting at which Council members could "hash out" selections would be appropriate. Or the Mayor could nominate persons for appoint- , ment with Council confirmation. : Councilman Murray suggested appointment iil the s~me manner as appointment to the ~ Council when vacancies occur - self-initiated apPlication with a screening process -- and final decision by the Council. He asked whether present Commission members : would continue to serve until the end of their present terms or whether Council 'confirmation or reappointment, was necessary. Staff understanding was that appoint- . ment of present members was valid until the present terms expire. . Councilman Hershner left the meeting. , Councilwoman Bea1 wondered ,whether it would be possible to increase the number of 'members. Planning Director couldn't see how the present 'structure could be changed. ; : He said it is difficult now getting seven lay citizens together for the neces~ary two or three times a week for consideration of planning business. , Councilwoman Campbell expressed her support of Commission appointment by the Council itself. She favored taking applications, the process followed in filling Council , vacancies. Councilman Keller expressed concern that se1f-ini~iated applications : would not indicate whether persons would have the dedication to spend the time , necessary on Commission work. He thought it might be better to consider people , suggested by the Council members themselves. Councilman Murray stressed the im- , portance of appointing members who will give the time needed, but he suggested the ,~. __"W _..'._.__'__'..'.. ...,-~--,,--:----.~-------"""'..__. ,-,-_,__..._ _ ,__. "'_'_ :possibility that the most outstanding members might be those the Council members e 'themselves would b,e least likely to nominate. Mrs. Beal thought qualified people' could be contacted to see if they would apply. She felt taking applications would; 'simply widen the field. i Comm , )10/17/73 It was understood discussion would continue at the October 24, 1973 committee Affirm ,meeting. / r _ . -_.--'-~---_.-__'.-_'___~ . -~ -- . ~ ~- -. _4____ -..----~ '.- _, . _ _. __,,_.~ ___ _1_ , V. DEQ p~'biic--Heariiii re: Noise Control - Conflicts with scheduled meeting with EWEB on October 29 at 7:30 p.m. DEQ will be considering regulations for off-i I road recreational vehicles and motorcycles, road vehicles, racing events, Comm I public roads, industry and commerce, and guidelines for schools - authorize 10/17/73 staff attendance and request permission to file written statement at a sub- ! Affirm sequent date. ==_.". W. Appointment, Downtown Development Board - Gene Bates, l7i6 Adkins Street, for Comm 10/17/73 . balance of term ending January 1, 1975, replacing Dick SchimmeJ, resigned. Affirm x.' European Trip, Councilwoman Carripbelr~"'Mrs. .-..,.... -. -.-. _.'-, ,--. -..---._-~- --"; ~ -- Campbell reported that she found the air. and noise pollution during a recent trip to Europe appalling. She thought Comm people in this cOuntry who were trying to save what is left should carryon and 10/10/73 feel satisfie~ about what they are trying to do. File II Y. Vice President Agnew Resignation - Mayor Anderson brought the news of Spiro Agnew's'. resignation as vice president of the united States, the last information being that~ -he was sentenced to three years' probation and fined $10,000 on a no contest plea Comm -~ to an income tax evasion charge. Councilman McDonald expressed his regret and 10/10/73 noted the seriousness of the situation as it relates to foreign affairs in view . File ,'of the current trouble in the mid-East. '$2' 10/23/73 - 12 T ' ' ~ Z. Mall Commercial Activities Committee - Councilman Wood inquired about the progress of t~e committee. Mayor Anderson answered that Navarre Davis, chairman of the . comm~ttee, had a report ready for the Council. However, he had asked that it be Corom reviewed by the Mayor, Manager, and Parks Director before it is submi tted. It is lO/lO~73 e}(pe~t=d~he _ rev:~e'1 an~_ sublC}ission of, the report will take place in the near future.' F~le ......-. ." . '" .......-- ." __...___...__........_ '..J _.. ,~._____, . ._._..J AA. League of Oregon Cities Convention, November 11-13, 1973 - Council members were Comm asked to forward information with regard to their attendance at the meeting to 10/10/73 the Manager's office. File BB. Planning Commission/Council re: Land Use Decisions - Councilwoman Campbell re- ferred to news account of recent Planning Commission meeting and remarks attri- buted to Commission President James Pearson with regard to approval of preliminary plans for the Moran property near Valley River Center. She read Mr. Pearson's remarks that "...most Planning Commission members indicated that they believed commitment already has been made to allow use of the 14 acres...." She asked who made the commitments referred to. She said too she didn't understand Mr.Pearson's statement that the Commission looked to the Council for direction but "the re- quest fell on deaf ears." Manager explained that the initial commitment was made in adoption of the 1990 General Plan which indicated that that area (Goodpasture Island Road/Delta High- way) was suitable for commercial and institutional kinds of uses calling for . large land areas. That commitment was the understanding of policy bodies, Plan- ning Co~ission, and staff since adoption of the Plan, and as a result of that understanding the property owners in discussion with members of staff were told the~se they proposed was suitable. Subsequently, the property was sold to Moran, also with that understanding. The Moran people reviewed their proposal for use of the property with staff when discussing timing of annexation, and there was no reason to question whether the proposed use was suitable under the 1990 Plan., Lane County when petitioned for rezoning for that use referred the matter to the City Planning Cbmmission where the proposed use was indicated as . appropriate. However, the Commission preferred that the development proceed under planned unit procedures. The County Planning Commission did rezone the property with that condition and with the added condition of SUbmitting a , signed petition for annexation to be exercised at a time felt appropriate by the City. The planned unit development process was brought to the City Plan- ning Commission at the meeting to which Mrs. Campbell referred. Manager added that the majority of the Planning Commission felt that to this point commitment , had been made by many people plus the general understanding by the community that the Goodpasture Island area could be used for the type of commercial de- velopment proposed. If that is not correct, then the Plan itself should be revised in order to point out to land owners the rules under which the agencies are operating. To stop this particular development after the owners were not discouraged at any step would be reversing commitment. . . Mrs. Campbell said she found it difficult to explain to the public the Council's \ , I role. Manager answered that the Council would not be involved unless the pre- \ preliminary app~oval by the Planning Commission was appealed. He confirmed her \ statement that the only role of the Council would be to ask for review of the I General Plan. He added that that recommendation was made at the Commission meeting. With regard to Mr. Pearson's comments about a request for direction falling on "deaf ears" Manager thought he may have been referring to the Council's recent rezoning of the Valley River property as a directional flag with regard to how the Moran property should be treated. Assistant Manager thought the remarks may have been the resul~of discussion at the joint session of the Commission and Council at which time the Council indicated it did not wish to pursue the matter further at that time for a number of reasons - until study of the entire Delta area, late hour, already lengthy discussion of the Valley River rezoning, etc. Planning Director thought too the statement may have resulted from confusion because of Council's tabling action on the Hosey request to rezone property in the same general area, requesting at that time a study of commercial properties in the entire Plan area and the types to be allowed in the Goodpasture Island , area. He felt there was confusion because interpretation of that decision could '1 mean no further commercial rezoning until completion of a study, or no further commercial rezoning in just the GOOdpasture Island area until a decision is made ..- on the types of commercial uses the General Plan indicated for that area. . Mrs. Campbell asked about the role of the Natural Resources Advisory Committee. She understood they were to be involved in any changes in the 1990 Plan. Manager said they would not be involved. in individual zone changes but would address re- finements and amendments to the Plan. Planning Director added that the Committee , is in the process now of reviewing the Plan and its operation for the past year. He felt in view of varying interpretations with regard to the Goodpasture Island area it might. be appropriate to redefine those portions which appear to cause conflict. ..J ---- -.... - ---- ..--<.-- -'--- ,---- ~ ...- ! "2.."2- 10/23/73, - 13 Councilman Murray said it was essential to understand it was not lack of in- 'terest when the Council indicated it wanted no further discussions, rather the feeling that a policy decision had already been made on what was wanted - a 'study of the issues encompassing commercial development in the Goodpasture .- 'Island area. He said it should be made clear in the future that the Council -...:::. has expressed confusion and has questions about appropriate uses in that area. :He suggested that recommendations from staff may be necessary on how best to 'accomplish that study. Manager said the Planning Commission did ask staff to ,make recommendations on how to get the study done and those recommendations would 'be brought back. with regard to interpretation of the Plan as it affects the Goodpasture Island area, he said there are no proposals at this time that he is aware of for development in that area. When development of the Moran and Valley River properties arose, questions had not been raised about the appropriateness -of those developments in that area, so there was no reason to question whether the right course was being pursued. So far as the rezoning request on the Hosey ,property in that area, Manager said there has been no commitment either on his particular proposal nor on_the timing of development. In answer to Councilwoman Campbell's question about Mr. Pearson's quoted state- ment that the City was paying too high a price for broadening the tax base, Manager said Mr. Pearson probably feels the process followed makes control of development too difficul t. He explained the arrangement by which unofficial I- approval of annexation is given for properties on which development entailing considerable monetary value is proposed, but actual annexation is not accomplished I until after the development is completed, thereby giving the benefit of including . the value of the development in the tax base.' When questioned about whether the Council was consulted on earlier commitments of this type, Manager and Planning ~.~ Director said the Council was involved at the time arrangements for sewer service ,and potential annexation was discussed. Contractual arrangement for sewer service, however, should not be construed as Council decision with regard to annexation Comm : although it would have a bearing. General policy has been that any time the (- ~10/l7 /73 'Council agrees to give sewer service there has been the understanding that there~' File will be annexation - sometimes immediately, other times deferred. _. _ CC. Energy Conservation - Councilman McDonald called the Council's'attention to a letter issued by EWEB requesting co-operation in conservation of electrical Comm - energy. He expressed the urgency of the situation and said it was important :f.q/17/73 <that every employer should bring the emergency to the attention of employes. File DD. : Commendation re: Sign Code- Councilwoman Beal passed to the Council a letter Comm : from Marilyn Papich, 557 Lincoln Street, commending the Council on its action 10/17/73 ; with regard to Sign Code limitations. File EE. ,Charter Amendment, Alley Assessment Procedure - Councilwoman Beal asked about , the status of proposed Charter amendment with regard to alley and street assess- ments. Manager said it was his understanding the matter of street improvement ~assessments had been added to the responsibility of the alley assessment com- -. 'mittee. He said final draft of the proposed Charter amendment wi th regard to alley assessments was now being prepared by the City Attorney's office. , Mrs. Beal said it was her understanding the amendment being prepared will add :to the Charter provision having to do with alley assessments, whereas the sub- : committee's intent was only to remove from the Charter the limitations on ways ;of figuring assessments; i.e., based on front footage abutting an improvement. Manager said the proposal being drafted does not do that; it spells out that assessment of alley paving costs would be based on front footage and land use. : Councilman Hershner said it was his understanding the method of assessing for I alleys was not to be a part of the Charter. His recollection was that the sub- : committee found itself unable to proceed with any type of new assessment method (because of Charter limitations, so it called for a Charter amendment which WOuld :free the method of assessing for alley improvements only. In recent considera- ition, then the subcommittee was charged also with investigation of procedures : for street improvement assessments. Discussion followed on intent of the subcommittee to delete from the Charter restrictions on the method of assessing for alleys only, staff understanding of the assignment and attempt to bring an amendment draft which would broaden - the authority of the Council to deal with alley assessments by resolution, and . suggestion that the issue be returned to the subcommittee with minutes of its _llIeeti1!..g to determine the proper cou~~~. In vie~ of th~,opnf~s~~~_s.~~~ounding --=0:-:-- ,- - -.- - ---. - .. -. ., - - ~._ __-I the 'issue and because of concerns wi th -regaz-d" to effect of removal from the' _h ',~-:-C Corom Charter of the front footage basis for alley improvement assessment upon assess- 10/17/73 ment fo.r other public improvements, it was suggested that the subcommittee and- File -- : .sta ff :review the dr.afted amendment together. - - -~- ~~ ~-- ' ~ - . . . ' . .. -, .~ --- -....,..--...,,- - - . "" ~ . 3'2. ~ 10/23/73 - 14 FF. City Attorney Opinion re: Residency Requirements for City subsidized housing. Comm Distributed to Council members with minutes of this meeting. 10/17/73 .' File Mrs. Beal moved seconded by Mr. Williams to approve, affirm, and file as noted Items A through FF, except Item I on which separate actiop was taken as shown above. Rollcall vote. Motion carried, all councilmen present voting aye. RMBC Application, Papa's Pizza, 2511 Oakmont Way - Located east of Coburg Road on Oakmont immediately adjacent to a residential area. OLCC review indicated opposi- tion in the neighborhood. There were no administrative problems on the application.', ! Mrs. Bea1 moved seconded by Mr. Wood to set public hearing on the request for Comm October 23,1973 Council meeting. Motion carried unanimously. 10/10/73 Councilman Hershner suggested review of guidelines prepared for consideration of ~ub Hrng this type of issue. It was understood copies would be made available to Council members prior to the hearing. ... ..........-.' - .-.~. ....-. .. --. .-- -. - .' ~ .. - -'- --_..-.--_._~ .-~{ ".-'... .-.... .~......~._.. ...~,.'--...-..,.-'._".------ ,_...~.. ,--"". -..,.-.-' III - Ordinances Council Bill No. 391 - Paving Fillmore Street from 24th Avenue to 250 feet north was -- submitted and read by council bill number and title only, there being no coucilman 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 16926. . Council Bill No. 392 - Adopting plans and specifications for paving Fillmore Street from 24th Avenue to 250 feet north was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only with unanimous consent of the Council and that enactment be considered at this time. Motion carried unanimously and the bill was read the 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 16927. Council Bill No. 393 - Construction of sanitary sewer on Fillmore Street from 24th I Avenue to north boundary of Fillmore 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. B~al moved seconded by Mr. Williams that the bill be read the second time by council: bill number only with unanimous consent of the Counciltand 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 16928. Council Bill No. 394 - Adopting plans and specifications for construction of sanitary sewer on Fillmore Street from, 24th Avenue to north boundary of Fillmore 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. e\ 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 J 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 vot.e. All councilmen present voting aye, the bill ~as declared passed and numbered . '16929. ." ;. 32~ 10/23/73 - ,15 Council Bill No. 395 - Construction of sanitary sewer in area between 28th Place and 350 feet south of 28th Place from 300, feet west of Mirainonti Drive to" 300 feet e"ast of Mira- monti Drive, if extended south, 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 enactm~nt 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 passa~e. Roll- call vote. All councilmen present voting aye, the bill was declared passed and numbered 16930. -,. . . ~. ~ Council Bill No. 396 - Adopting plans and specifications for construction. of sanitary sewer in area between 38th Place and 350 feet south of 28th Place from 300 feet west of Mira- monti Drive to 300 feet east of Miramonti Drive, if extended south, was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read. the second time by council bill number only with unanimous consent of the Council and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. .' Mrs. Beal moved s~conded by Mr. Williams that the bill be approved and given final passage. Roll- call vote. All councilmen present voting aye, the bill was declared passed and numbered 16931:;: . Council Bill No. 397 - Construction of sanitary sewer in area between City View Street and 650 feet west of-City View Street from l8th.Avenue to 1200 feet. south, -including" Lea Herb Plat, 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 enac:tment.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. Roll- call vote. All councilmen present voting aye, the bilL was declared passed and numbered 16932. Council Bill No. 398 - Adopting plans and specifications for construction of sanitary sewer in area between City View Street and 650 feet west of City View Street from 18th Avenue to 1200 feet south, including Lea-Herb Plat, was' submitted and read by council bill number and title only, there being no councilman present requesting 'that it be" read in' full '. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only with unanimous consent of the Council and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. '. Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Roll- call vote. All councilmen present voting aye, the bill was declared passed and numbered 16933. IV - Resolutions Resolution No. 2226 - Endorsing concept of transfer to Lane County of Mahlon Sweet Field ownership was submitted-and read by number and title. . Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion car- ried, all councilmen present voting aye. Resolution No. 222':J- Calling hearing" November 5; 1973 re: Abatement at 1075 West 6th Avenue (Betterton/Olsen) was submitted and read by number and title. Mrs. Beal moved seconded by Mr.' Williams to adopt the resolution. Rollcall vote'. Motion car- ried, all councilmen present voting aye. Resolution No. 2228 - Authorizing sale of 0.7 acres ~ near Hayden Bridge water treatment plant to Oregon Industrial Lumber Products, Inc., (EWEB) was submitted and read by number and -. title. . .... Councilwoman Beal questioned the sale of this property in view of the effort to retain any having open space or recreational potential. She asked too what the sale price was. Manager explained that he had inquired about access to the mill without this property because of its location. However, this particular parcel is so close to the mill property that recreational use would appear questionable. He said the price was $2160 per acre, this parcel containing about 0.7 acres. - 32..5 10/23/73 - 16 .- Mrs. Bealmoved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. . Resolution No. 2229 - Authorizing payment of bills and claims for period October 8 through October 23, 1973 was submitted and read by number and title. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. 'Meeting ~i th EWEB ----- Manager':-:r~rriinded Council of meeting with EWER Directors ~scheduled for Monday, October 29, at 7:30 p.m. at the Library. It was under,.. stood an agenda would be mailed to Council members. There being no further business, Mayor Anderson declared the meeting adjourned to Monday, November 5, 1973. Council Statement re: National Situation - Mayor Anderson said the sequence of events over the weekend (President Nixon's dismissal of ' the special prosecutor' investigating the Water- gate breakin) led to suggestion that a statement should be forthcoming from the Council. . He said his personal feeling was that to debate a statement would be inappropriate. He _- suggested that 'Councilwoman Beal prepare a statement which Council members could sign for transmittal to the Oregon Congressional delegation. He added that he himself had serious concerns over the events and had already expressed himself publicly and to members of the Congressional delegation. But he felt Council memb~rs who would want to express similar feeling should have the opportunity, particularly as it would come from a unit of local government upon which the events would reflect as well as upon the Federal government. Councilwoman Beal read the statement: "Believing in a government of law and with deep faith in the constitution of the United States, the Eugene City Council urges the Congress of the United States, , arid e~p~cially the Oregon ~elegation, to exert their constitutional powers and assert their leadership in this time of national crisis." Councilman McDonald said he didn't feel he could sign as a representative of-the citizens of Eugene. Mayor Anderson explained that signing the statement would be a matter of personal preference. He noted the Council was not in session so that signing would not necessarily mean the Council itself subscribed to the statement. Councilwoman Beal thought the Council was in session and that the statement should be a resolution of the Council. She thought the statement a very weak and inadequate expression . of reaction to the past week's events. She felt a statement of concerns was the only way to convince Washington and the White House that the people will not stand for anything which is not direct and honest and according to law, and that making that statement was part of the Council's job as the representative government of the city of Eugene. I Councilman McDonald did not agree. Councilman Wood supported Mrs. Beal's position, saying he thought as elected representative he should have the responsibility for speaking to the social concerns of his ward. Councilman Murray said he was not accustomed to bringing his views on national politics to the Council, but this instance was of great concern and representatives at any level of government should express themselves. Councilwoman Campbell also supported making the statement. Councilman Williams said he would not argue that the Council should not make its views known in what could be a national crisis, if a statement were made that would truly be in the best interests of the community. He felt the statement read was weak and did not convey an~thing. He wondered if other Council members were aware that the President had decided to release the tapes (made of White House conversations which the prosecutor was attempting to obtain), and he commented on the incredible rate of change in the situation. Mr. Williams added that if at some point in time impeachment is considered it might be legitimate to discuss -~ that, but to say this statement should be in the form of a resolution didn't seem to strengthen it. Councilman Hershner agreed with Mr. Williams' viewpoint. Mrs. Beal agreed on the rapid "footwork" in Washington and felt the Congressional delegation should know that the people are aware of that. She felt any member of Congress receiving a message asking to "exert their constitutional powers and assert their leadership" would realize they had the support of their constituency; that the constituency was looking to Congress for action be- cause faith in the White House was lost. Councilman Hershner said he did not intend to criticize the statement itself, only that it was his hope that members of Congress would always assert their leadership. '3i..Co 10/23/73 - 17 Mayor Anderson said that the important consideration should be whether a significant number of elective bodies were expressing themselves to Congress. He felt rather than arguing -.,- strengths or weaknesses of statements, it should be considered merely as an expression of concern and encouragement to members of Congress. -__:r.. Councilwoman Beal said she would pass the statement for signatures with the understanding that staff would send it by Western Union as early as possible to the Oregon delegation. ......, Hugh McKinley City Manager ~e ..'- .-- '.. ',' ., . -. '32' 10/23/73 - 18