HomeMy WebLinkAbout11/26/1973 Meeting
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MINUTES
EBGENE CITY COUNCIL
. COUNCIL CHAMBER NOVEMBER 26,1973
Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from meeting
held November 5, 1973 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m.
on November 26, 1973 in the Council Chamber with the following council members present:
Mrs. Beal, Messrs. Williams, Hershner, Mrs. Campbell, and Messrs. Murray and Wood. Councilmen
McDonald and Keller were absent.
I - Public Hearings
A. Appeal, Planning Commission Preliminary Approval Hertelwood PUD (October 9, 1973)
Planning Commission on October 9, 1973 gave preliminary approval to 50 dwelling
unites on 6.69 acres on Hawkins Heights north of Highland Oaks Drive subject to
the following conditions:
1. Satisfactory provisions for terminating 22nd Avenue where it abuts the site
must be determined prior to submittal of final development plans;
2~ All required dedications, petitions for improvements, and fulfillments of
City Public Works Department concerns shall be properly submitted or re-
solved prior to issuance of the planned unit development agreement
. 3. The developer shall respond affirmatively to possible need for storm and
" sanitary sewers through the site as determined by development of adjacent
land and on-site building locations, as resolved by the Public Works Department
4. Sidewalk along Hawkins Heights Boulevard should be public walk to conform
to City standards, with easement or right-of-way provided
5. All development earthwork must conform to Chapter 70, "Excavation and
Grading," of the 1970 Edition of the Uniform Building Code
6. Prior to application for final approval the developer shall submit a fire
protection evaluation and protection methods description in response to
the memorandum of June 13, 1972 from the City Fire Marshal and Superintendent
of Building Inspection,
7. In the event dwelling units are constructed for sale the developer shall
make every effort possible to supply housing to accommodate households
of varied ages, interests, and incomes, including low to moderate, in
conformance with the Eugene Community Goals and Policies and the 1990
General Plan
8. An appropriate pedestrian-bicycle way shall be provided from the develop-
. ment site to 22nd Avenue to accommodate local traffic
9. Specific plant materials shall be added to create an effective landscaping
buffer immediately east of the south entrance road
I 10. Concerns set forth in the "Resident Evaluation of Four Planned Unit De-
velopments: Eugene, Oregon" (especially with regard to noise transmission
and treatment of open space area) and the "South Hills Study: An Ecological
Description and Visual Evaluation" (especially with regard to landscaping
and excavation treatment of hillside areas) shall be addressed by the
developer
Appeal, signed by owners or residents of 18 properties in the immediate vicinity
of the development, was filed based on the contention that the General Plan
designates single-family residential use to conform to surrounding land uses;
permitting cluster development would destroy the livability of existing develop-
ment; there are enough apartment houses in the area now, and more are in the ~
planning stages; high density should occur north of 18th Avenue, according to
established policy; Hawkins Heights Boulevard is too narrow to accommodate
anticipated traffic increase, aggravating an existing problem, and exposing
school children and other pedestrians to danger; the Fire Department reports
e problems in attempting to provide fire protection service in the area because
of high fire risk due to forested areas and terrain conducive to fire spread.
Council presviously received copies of Commission staff notes and minutes of
the Planning Commission meeting, Commission recommendations, and the appeal
itself. Council also viewed the property on tour.
Jim Saul, Planning Department, described the project, using slides showing
layout of buildings and the terrain. He pointed out access to Hawkins Heights
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Boulevard and Highland Oaks Drive and said that Highland Oaks Drive would be
improved in that location as a condition of approval of the PUD.
Public hearing was opened. .--
Speaking in opposition to the project_ang~favoring the appeal were:
James Kays, 2085 Sunrise Boulevard, temporary chairman of recently
organized group in the Hawkins Heights neighborhood
Vern Gleaves, 2515 Highland Oaks Drive
Donald Bick, 2585 Bowmont Drive
Patricia Leonard, 2595 Highland OaksSDrive
Roy Adkins, attorney, 825 East Park Street, representing some of the
'residents of the neighborhood
Mr. Kays noted recent organization of a group in that neighborhood as a result of
opposition to the proposed development, adding that he felt that quite a few of
the residents of the area did not see notices of the proposed project.
Mr. Gleaves questioned the validity of the vicinity map shown and pointed out' that
Highland Oaks Drive is a one-way graveled street. Because of an intervening parcel
only a small portion of the project property abuts Highland Oaks Drive. He said
he had seen nothing to indicate approval had been given to improvement of High-
land Oaks Drive; even though dedication of right-of-way and petition for improve- .
ment of a small portion of the street abutting the project property is made a re-
quirement of the development, there still exists the one-way unimproved driveway
between the existing street and the development. In effect, he said, traffic on
Hawkins Lane would increase. Mr. Gleaves disagreed with the PUD concept in that
area. He said that even though the density proposed is less than permitted, it
is higher than would occur under single-family residential development similar
to that in the surrounding area. He said people in that area were concerned
because of substantial undeveloped land and indications of a number of other de-
velopments on Hawkins Lane. It is the only through street and is inadequate now
for vehicular traffic as well as pedestrians using that route to reach transit
facilities on 18th. He noted other problems anticipated - further aggravation
of vehicular/pedestrian movements because of lack of street lights, potentially
dangerous conditions during winter months, access problems for emergency vehicles,
lack of adequate parking facilities. Mr. Gleaves urged Council recognition of
existing problems which, he said, would be compounded by addition of the planned
unit development. He felt permitting a higher than single-family density in that
area would be creating problems rather than resolving existing ones.
Mr. Bickexpressed concern with lack of turn-around space for emergency vehicles
within the subdivision itself. Also, the inherent fire hazard because of the
immediately adjacent forested area. He noted lack of equipment to control forest- e
type fires which could occu~, saying the same type of hazard would not necessarily
be present in single-family development. Mr. Bick expressed concern also about
anticipated problems with crime because of inadequate police protection. He
felt the ratio of multiple-family developments in this area corresponded to the
higher crime incidence there, saying the crime rate increased as well as juvenile
problems with the increase in population. He wondered whether lack of recreational
facilities in the area contributed to those situations. He thought the City
should cope with and solve those types of problems before permitting another
higher than single-family density development. At his request Mayor Anderson
asked for a show of hands of those present objecting to the project. About 30/40
people responded.
Mrs. Leonard questioned the quality of education in schools in that area because
of the use of portable units to provide space for children now attending. She
wondered too why parks culdn't be used for buffering between residential areas
and freeways rather than apartment development. She noted the high percentage of
low-income housing in that area compared to other parts of the City and said top
quality education is necessary in an area containing a high percentage of low-
income children. Mrs. Leonard called attention to lack of park facilities, bike
paths, swimming pools, tennis courts in that part of the City, and asked the
Council to give the neighborhood an opportunity to work with staff on those types .
of problems before permitting additional multiple-family housing.
Attorney Adkins called attentiontto the unimproved condition of Highland Oaks
Drive and said there was no assurance that the street would be improved. Even
if it is improved, he said, traffic volumes would still increase because of the
density proposed for the development. He noted that the property now being pro-
posed for multiple-unit development carried an RA zone when purchased by the
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present owner. He also mentioned the problems anticipated because of potential
fire hazard, police problems, overcrowded schools, and said his recollection was
that.there was to be no multiple-family development south of 18th. He added that
. residents in the area bought property there thinking it would develop in the same
manner as the surrounding single-family use, and asked that single-family develop-
ment continue in that area.
Speaking in favor of the proposed project and against the appeal were:
Mike Safley, M&M Development, Route 5, Box 1421
Jim Redden, architect and project co-ordinator, 700 Country Club Road
Dr. Henry Norton, 2665 Highland Oaks Drive
Mr. Safley, developer of the project, said no zone change was under consideration.
The proposed project conformed to the 1990 Plan. Public notice had been posted
and he had personally contacted people in the neighborhood to make them aware of
the proposal. He called attention to the two access points planned for the number
of buildings proposed which under standard subdivision would take six or seven
curb cuts. He also mentioned the proposed sidewalk along the length of the prop-
erty to accommodate pedestrian traffic. He felt that rather than creating problems
the proposed project would help. He said that the development conforms to stated
City goals, providing all types of housing and price ranges:
Mr. Redden also commented on attempts to contact people in the neighborhood to
. make them aware of the proposed development. He recognized the existing traffic
problem but felt ~ven single-family development would create the same types of
problems. He offered co-operation in remedying the problems by developing that
portion of ground under their control,;"' Mr. Redden felt density was a moot point
since the proposal called for less than what is considered low-density in the 1990
Plan. He described planned fire protection system for the project and noted that
the cul-de-sac areas would serve emergency vehicles. He said the police protection
or increase in crime rate was a question for the Council, not the design profes-
sion, and that any lack of re~reational facilities was a problem to be faced by all.
Mr. Redden added that the project will not have subsidized housing so will definitely
not be a low-income area. He felt the proposal was for a legitimate cluster-type
housing project within the guidelines of the General Plan.
Mr. Norton, former owner of the pr()perty being developed, commented on annexation
of the area., original street system, etc.. He felt development was inevitable and
that the proposed project was appropriate.
Public hearing was closed, there being no further testimony.
Manager said an increase in crime incidence is being experienced throughout the
City in varying degrees. but there are no statistics to indicate that cluster-type
e housing versus single-family development has anything to do with that increase.
He added that crime does increase as the population increases and police forces
are spread more thinly.
Mr. Saul read from the City Code criteria with respect to the traffic situation and
I said it was the finding of the Commission that traffic generated by the development
could be accommodated by Hawkins Heights Boulevard. To this, end developer was re-
quired to dedicate sufficie~t land along the entire length of the property to
permit a 60-foot right-of-way to include a public sidewalk. He said the only
area included in the petition for improvement of Highland Oaks Drive is that abut-
ting the property being developed. Mr. Saul explained Commission consideration of
fire protection and called attention to the submission of fire protection ,evaluation
and protection methods as a condition of preliminary approval. With regard to over-
crowding of schools, he said that although one attendance area may be overcrowded,
the overall system has space and the School District in meeting such situations
is shifting attendance to schools below capacity. The project, he said, comes
within the density guidelines of the 1990 Plan and will provide a higher residential
density near 'a'metropolitan area using a large pavcel of land specifically required
for that type of housing. And it will provide a variety of housing for all income
age groups.
. Mayor Anderson asked about the improvement petition for Highland Oaks Drive - the
time element inasmuch as it would still have to be circulated in the neighborhood.
Manager replied that the developer was required to file a petition for improvement
of only that portion of the street abutting his property; owners of property abut-
ting the other side have not signed the petition. Neither has the improvement of
Hawkins Heights Boulevard to 18th been petitioned, nor the right-of-way north of
the project. He ,noted that the Council does have the authority to initiate im-
provement of the streets if in its judgment general traffic in the area justifies
improvement.
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Councilman Murray asked if the staff position was that traffic generated by the
development could be accommodated if the street improvement requirement were met .-
by the developer. Manager replied that it would, plus Council authority to im-
prove Hawkins Heights to 18th if the need is found to be there.
Councilwoman Beal inquired about provision of sidewalk. Manager answered that
dedication of additional right-of-way abutting the property is one condition of
preliminary approval. However, right-of-way would have to be acquired through
dedication or purchase should a sidewalk be desired on Hawkins Heights north of
the Trillium intersection.
Councilwoman Campbell referred to the traffic congestion on South Willamette and
asked if traffic counts for the Hawkins Heights area were provided and acceptable
to the Planning Commission. Public Works Director answered that no counts in the
Hawkins Heights area were made. He added that the two areas were not comparable -
that the Hawkins Heights problem is more a street alignment situation. Manager
explained that traffic carrying capacity can be judged through the traffic
engineer's ability to estimate approximate amount of traffic from the density
and development, plus knowledge of street capacity. All PUD requests, he said,
are referred to Public Works for traffic analysis as well as sewer capacities, etc.
Councilman Murray asked about provisions for storage space within the development.
Mr. Safley felt the development was unique in that respect - atriums are designed
into the structures so that all patios will face toward the center of the development. e
Lawrence E. Legas, 2060 Hawkins Heights Boulevard, said that the developers had
not contacted people in the neighborhood individually. And he felt the cluster-
type housing concept was being forced on the neighborhood and would promote fire,
traffic, and school problems.
Mr. Kays agreed there was a difference between the South Willamette situation and
Hawkins Heights Boulevard. However, he thought traffic buildup on 18th would be
similar. He said the neighborhood felt major concerns about the area should be
brought to the Council's attention. Mr. Gleaves said he did not believe it would
be the Council's intention to use PUD procedures for a development when the de-
velopers themselves and a member of the design team acknowledge that problems
exist in the area. Or when a project would aggravate existing problems. He ex-
pressed concern about intrusion of multiple-family density in the single-family
area. Neither was there assurance even though a petition was filed that the
streets would be improved. He felt the Council should resolve existing traffic
and other problems in the area or set some time table for taking care of them so
that people there would know what to expect.
Mrs. Beal moved seconded by Mr. Wood to deny the appeal and adopt by
reference thereto findings of fact listed on pages 16 and 17 of the .
October 9, 1973 Planning Commission minutes.
Councilman Williams said that because of the close association and discussions he
had with one of the appellants in this issue, and upon advice from the City Attorney
that under the Fasano ruling that contact could impinge upon his decision, he re-
frained from entering into the discussion and would abstain from voting.
Councilman Hershner said he was not sure who carried the burden of proof in applying
for planned unit developments, but he was not satisified that sufficient evidence
had been presented to show that the traffic situation would be adequately provided
for. He said his conclusion from staff comments was that the City may have to' acquire
additional width for the street to the north and probably will be confronted with
assessing people for widening. Stan Long, assistant city attorney, said that the
appellants bear the burden of proof. He cited the section of the Code covering
criteria for permitting a PUD which indicated among other things that a permit may be
granted if it is found traffic which will be generated can be accommodated safely
except for single-family density. Me. Long said the question had not come up before
and would have to be studied before an opinion given. Traffic may not be the basis
on which a permit could be denied.
Vote was taken on the motion as stated. Motion carried, Councilmen Beal, .
Campbell, Murray, and Wood voting aye; Councilman Hershner voting no;
Councilman Williams abstaining.
A short recess was taken.
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B. Appeal, Zoning Board of Appeals Denial of Permission to Maintain Materials
Storage Facility at 2136 Rocky Lane (Meltebeke) - Postponed from November 5, 1973
Building officials ruled use of property at 2136 Rocky Lane for storage of building
. materials illegal. Bob Meltebeke, owner of the property, appealed the ruling to
the Zoning Board of Appeals (October 4, 1973) where staff's position was upheld that
the use could not be considered nonconforming and was in violation of the Code.
Letter from Malcolm Scott, attorney, representing Mr. Meltebeke, was read' appeal-
ing the decision of the Zoning Board to the Council.
Public hearing was opened.
Malcolm Scott, 1170 Pearl Street, said the appellant's position was that the present
use of the property was a lawful nonconforming use and could be lawfully terminated
only by establishing an amortization period in accordance with the Code. He felt
that was the only question to be considered. He presented a chronological history
of ownership and use of the property prior to and after annexation to the City,
Claiming that although ownership did change, the use did not. He further claimed
that the primary building on the property was a warehouse for construction materials
and that its use constituted the primary use of that property; it was not an ac-
cessory building. An affidavit signed by former owner of the property was read
attesting to continuity of use of theproperty for stroage facilities. Mr. Scott
referred to City Attorney's memo of August 10, 1973 in which it was concluded that
present use cannot be considered a previously existing nonconforming use, and
asked for the facts upon which that opinion was based. The City Attorney's office,
e he said, had concurred in appellant's position that continuity of use was the
question to be considered rather than continuity of ownership when it was sug-
gested that division of the property constituted a disruption of the use. He
maintained there was no validity to the argument that the storage building was a
secondary or accessory building simply because there was a house nearby. His
title search, he said, indicated the property is separate and distinct from any
other. He urged the Council to reverse the Zoning Board's decision, uphold the
appellant's position that the use of the property was a lawful nonconformng use,
and that that use could be terminated only under amortization provisions of the
Code. He passed to the Council pictures of the property and copy of the prior
owner's affidavit.
John Fulton, 2135 Rocky Lane, felt the nonconforming use was not only disrupted
by change of ownership but also by change in dimensions of the property. He said
the property is being used as a staging area for a citywide type of construction
program. Mr. Fulton thought an affidavit from other previous owners of the prop-
I erty with regard to use of the building would be pertinent.
Public hearing was closed, there being no further testimony presented.
Councilman Murray reported several contacts he had with persons intereste~ in
. this issue. However, he felt those contacts would not impair his impartiality,
so he would not abstain from voting unless the Council advised to the contrary.
Councilwoman Campbell asked how often nonconforming permits were reviewed by
staff. Mr. Saul answered that when the 1968 Code was adopted owners of major non-
conforming commercial or industrial uses operating in main buildings in residential
areas were informed of the minimum amortization period of five years, maximum 40 years.
The Planning Commission did initiate a series of hearings in 1968-69, but the press
of other business prevented continuing the process at that time. Use of the property
at 2136 Rocky Lane was not classified as nonconforming under that inventory.
Councilman Murray presented to staff a letter he received regarding the issue but
which he had not read.
Councilwoman Beal asked whether the City was obligated to notify owners of non-
conforming uses that those operations would be under review and a phase-out period
scheduled. Manager explained that property were informed of nonconforming uses
when the 1968 Code was adopted, but scheduling of amortization dates was not
pursued other than on those mentioned by Mr. Saul. However, this storage facility
was not considered nonconforming at that time so the owner was not notified.
Manager said it appeared the question in this issue was primarily legal and wondered
- whether the legal opinion presented to the Zoning Board was sufficient or whether
Council would want to consider further information or request further consideration
of the legal opinion,before making a decision.
Mr. Long said the August 10, 1973 memo from the Attorney's office was limited to
the facts of the question that was put - whether the present storage of construction
materials on the property should be deemed a nonconforming or illegal use. He felt
that waht needed to be established was the actual use of the property and how it
related to the Code - the appellant must show that the operation falls within the
criteria that would allow it to remain. If no main building is involved, the non-
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conforming use cannot remain any longer than three years in any event. If it is
decided this is the main building on the property, an amortization period will have
to be established. The question is whether it is a main or secondary building and
whether the, operation is nonconforming use of land or buildings. .~
Councilwoman Beal said she understood the appellant to say that the property in
question was a separate tax lot so it would seem the one building thereon was the
main building. Mr. Saul said research indicated that when the building was erected
it was an accessory building to the residence to the south. The property was sub-
divided in 1969 and the fact that subdivision separated the building from the
residence, he said, did not change its initial use as an accessory building. He
added that there is no provision in the Code for warehouse or storage facility as
a main use in an RA District. In answer to further questions from Mrs. Beal,
Mr. Saul said the property was subdivided on March 11, 196'9, after the adoption
of the 1968 Code. Discussion continued on definition of accessory and main build-
ings as set forth in the Code and Mr. Long's further explanation that the situation
involved land use.
Councilman Murray asked whether the property in fact was being used for storage
of materials for development in that neighborhood only or elsewhere in the City also.
Manager explained that it was used as a staging or headquarters area for construction
work in the Willakenzie area generally.
Councilwoman Beal wondered if the City had failed at any step to give proper notice
that the use was nonconforming. Mr. Saul explained that the City was under no obliga- -
tion to notify owners or users of accessory buildings of nonconforming use. He said
Mr. Meltebeke was notified on March 30, 1972 of the violation through a building in-
spection report. .
Councilwoman Beal wondered on what basis the determination was made that the structure
was a secondary building, since it appeared a fairly large and substantial one.
Mr. Long answered that the definition of "building" in the Code was the basis.
Further questions arose as to the use of the property and Mr. Saul recounted the
detailed research on which staff based its determination that storage of construction
materials on the property was in no way a permitted use in the RA District. He
added that upon adoption of the n~w Code in 1968 nonconforming uses in existence at
that time would have had to have been discontinued within three years in any event.
Discussion continued, Mr. Scott and Mr. Meltebeke both reviewing use of the prop-
erty, as they saw it, before and after annexation and before and after subdivision
separating the subject property from the nearby residence. Me. Meltebeke called
attention to landscaping and fencing he had installed on the land and said perhaps
more could be added if an amortization period were granted.
Mrs. Beal moved to_overturn the ruling of the Zoning Board of Appeals and
grant use of the property for storage purposes. There was no second. It
Mr. Williams moved seconded by Mr. Murray to deny the appeal and find that
the building on the lot was an accessory building requiring no further
phasing out, that it was not in conformance with the zone within which it
was located, and that the use be terminated.
Councilw0man Campbell thought there was no question that the present use of the prop-
erty was nonconforming. She felt the residential character of the neighborhood
should be protected. Mrs. Beal felt the City should be responsible for notification
of nonconforming use prior to termination and that a reasonable time should be given
appellant to move.
Councilman Hershner was satisfied that the size of the storage building in ,relation
to the sfze of the property would fulfill the "main building" definition. He was
concerned however about the lack of sufficient concrete evidence with regard to
separation of the Meltebeke property from the lot on which the residence was located
in relation to annexation to the City and status of the zoning code at that time.
Councilman Murray felt primary use of the building would not necessarily determine
primary use of the land - without the building the land could still be used for
storage of construction materials. -
Manager suggested, in event Gouncil's decision was appealed to the courts, that the
motion include findings of fact to support the decision. He said that staff could
prepare such findings for adoption at the next Council meeting.
Mr. Williams with the consent of Mr. Murray included in the motion that
staff prepare findings of fact on which the appeal was denied.
~ Vote was taken on motion as changed. M6:tion carried, Councilmen Williams,
Campbell, Murray, and Wood voting aye; Councilmen Beal and Hershenr voting no.
34\-b 11/26/73 - 6
C. Vacation of Shields/Gateway Road located between Garfield and Cleveland
north of West 28th Avenue (Pionee~ Title)
Recommended by Planning Commission August 27, 1973. Public Works Director ex-
. plained that realignment of the street makes the present right-of-way.dedication
unnecessary.
Public hearing was held with no testimony presented.
Council Bill No. 401 - Vacating Shields/Gateway Road between Garfield Street
and Cleveland Street north of West 28th Avenue 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 16936.
D. Rezoning both sides of 5th Avenue from west of Pearl to High, from M-2 to SD
. Special Development District (Unthank, Seder, Poticha)
Recommended by the Planning Commission October 15, 1973. This was the first applica-
tion for the SD District recently added to the zoning ordinance. The new district
covers areas which should be developed in a homogeneous manner to preserve the
aesthetic and architectural compatibility of existing buildings and -new development.
Public hearing was opened.
Grant Seder, 2385 McLean Boulevard, commented on the philosophy leading to creation
of the SD District. Planning Commission felt PUD procedures were not the best way
to develop property such as remodeling of the granary building on 5th Avenue and
the Special Development District concept was considered viable for dealing with
special places in the City which might have unique geographical, historical, or
other attributes which could not be covered by conventional zoning. Procedures
set up are supported by both~the Planning Commission and developers of the 5th
Avenue area and it is anticipated a City staff member will participate in design
review procedures.
Public hearing was closed, there being no further testimony presented.
Councilwoman Campbell said she had attended the Planning Commission hearing at
. which the special district concept was considered,but felt she could make an im~
partial decision on the subject application. Manager explained that creation of
the special district procedure had no bearing on this .particular application.
Councilman Williams wondered about procedures for rezoning to th~ .SD District
I under the Fasano ruling since the new district was not contemplated when the
General Plan was adopted. Mr. Saul said the General Plan was not predicated on
either ke~ping intact, decreasing, or adding to existing zoning districts. The
Plan specifically states zoning districts should be reviewed for effective im-
plementation, and th~ special developmentqis~rict ~as consider~d a very signifi-
cant way of implementing the Plan in certain situations.
Council Bill No. 402 - Rezoning to SD Special Development District area
on both sides of 5th Avenue from west of Pearl Street
to High 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 findings of fact as list in
Planning Commission minutes of October 15, 1973 be adopted by reference thereto
and 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.
Councilman Murray, chairman of the Historical Preservation Committee, expressed
that group's appreciation for the initiative taken by the applicants to further
preservation of historically significant. buildings and areas of the City.
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 16937. ~"
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11/26/73 - 7 /'
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E. Code Amendment - Permitting Secondhand Stores in M-2 District
Recommended by the Planning Commission October 9, 1973.
Public hearing was held with no testimony presented. .-
Council Bill No. 403 - Amending Section 9.464 of City Code adding secondhand
stores as permitted use in M-2 Light Industrial District
was read the first time by council bill number and title only, tnere 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 16938.
F. Bids
1. Improvement Projects - Public Works Department (Opened November 20, 1973)
~ ---'..- - u . ~~ -=. - CastO to __ 0._"__ -
Contract Abutting Cost to Amount
Project and Name of Bidder Cost Property City Budgeted
SANITARY SEWER in the area be- e
tween 28th Place and 350 feet
south of 28th Place from 300 feet
west of Miramonti Drive to 300 feet
east of Miramonti Drive, if ex-
tended south (701)
Kenneth R.Bostick Construction $2,776.00 $0.09/sq.ft. - -
D&D Backhoe Service 3,288.00 Lat.
Shur-Way Contractors, Inc. 3,593.50
0.005/sq.ft. Levy
Completion Date: January 1,1974
Public Works Department recommended award of bid to the low bidder.
Public hearing was held with no testimony presented.
Mrs. Beal moved seconded by Mr. Williams to award contract to the low
bidder, Bostick Construction, on their bid price of $2,776.00. Rollcall
vote. Motion carried, all councilmen present voting aye.
2. Irrigation Additions at Laurelwood Golf Course - Parks Department .
Opened November 6, 1973
Fairway Irrigation Co. $ 4,680.00
Ramsey-Waite Co.,I nc. 3,973.75
Turf Irrigation Co. 3,684.00 Estimate . ~. . '- $ 4, 6 2 0 . 00
Staff recommended award to low bidder.
Mrs. Beal moved seconded by Mr. Williams to award contract to Turf
Irrigation Company on the low bid price of $3,684.00. Rollcall. vote.
All councilmen present voting aye, motion carried.
II - Items acted upon with one motion after discussion of individual items if requested.
Previously discussed in committee meetings on November 7 and 21, ~~73 .~~". ---,-
A. -Ec6nomicRepris-al Against Council Members - Councilman Keller expressed concern
that any portion of the business community would retaliate for a Council member's
stand on an issue, referring to Councilman Williams recent disclosure regarding
his loss of accounts because of his vote with regard to Sign Code enforcement.
,Mr. Keller said he had reviewed statistics having to do with enforcement of the
:Code and found that a very small percentage of businesses still had nonconforming
signs and evidently represented those businessmen dissatisfied with the Code. He .
said he had received more contacts on this issue than any other requesting sup-
port of the Code as adopted and that he planned to continue his support of it.
However, he felt the type of treatment described.by Mr. Williams would force
consideration of no further service to the community by many citizens. As a
I member of the business community, he said, he was apologetic to Mr. Williams on I
,
~its behalf. I
I ~
I i
!Mayor Anderson agreed with Mr. Keller and hoped those involved would heed his com- I
!.ments. He fel t a person should be able to participate in public bodies and make
'deliberations without his ~ivelihood suffering. ;
.... ~ . ~ .' "350 11/26/73 - e
,
Councilwoman Beal congratulated Mr. Williams on his frankness and deplored. the
fact that because of economic pressures he was forced into a neutral position
. on the Sign Code. She noted that Councilmembers serve without pay and the re-
jection of a proposed Charter amendment providing for compensation for Council
members which would have to a certain extent relieved a situation such as this.
She called the cancellation of contracts or purchase orders economic blackmail
and felt there should be legislation governing such situations.
Mrs. Beal moved seconded by Mrs. Campbell that the City Attorney ,be requested to
draft an ordinance making ita misdemeanor for any person to seek to influence
or change the vote of a Council person or cause a Council person to abstain from
voting'by threat of economic reprisal through financial loss or gain.
Mrs. Beal in making the motion wondered whether there were State regulations
covering this situation which would apply to local officials and suggested in-
vestigation of that facet prior to drafting a local ordinance. She also sug-
gested,that legislation should include a provision making it obligatory to record
with the appropriate agency the names and circumstances of threats.
City Attorney expressed concern about the authority of a political body to prevent
any kind of effort such as economic boycott which might be ultimately construed
as influencing the votes of Council members. He added tbat although bribery is
clearly iller;;al there may be problems in defining what constitutes an economic
boycott in the sense of trying to influence one's voting. HOI-fever, he said he
e .would investigate and report back on what might be done in that area.
Councilman McDonald referred t~ his not voting on the Sign Code issues at' the
time of Mr. Williams statement and said his Board of Directors (St. Vincent de Paul)
and attorneys WOuld decide how he votes in the future. He too was concerned that
elective persons .could not vote under certain circumstances.
Generai consensus on the intent of the motion was that the City Attorney would
examin~ existing legislation, including Federal law, covering economic reprisal
or retaliation, and bring back a report preparatory to drafting of an ordinance.
Councilwoman Campbell remarked on the possibility of bankruptcy for small businesses
were they to lose the amount of business lost by Mr. Williams' firm. She wondered
how one could prove loss of an account was due to retaliation for one's voting.
She ad~ed that this situation reinforced her feeling that the Sign Code should be
enforced as adopted.
Councilman Williams apologized for the developing controversy and agreed that
prevention through legislation ~as a remote possibility. He recognized too that
in a competitive economy customers properly can change allegiance, and he sup-
ported tha t freedom of choice. However, he said, in this instance ~here was no
doubt in his mind that the change was on the basis of his stand on the Sign Code.
. And he' felt behavior of that type would force businessmen, or anyone else, in
public life to seriously consider whether to continue service. He repeated his
feeling that laws were not the an.!iwer, rather that the answer would be found in
terms of public morality, decency, and ,understanding the political process.
-- -_.-..-._-.- --
I !Mayor Anderson thought the legislative approach was worth examining and supported
. i_the mot~on. Even though enforcement might be difficult, he said, it would at
'least reflect a commitment on the part of the community to recognize the problem
and do something about it, plus having the effect of giving those seeking public
, office and those with community business interests assurance that the communitY
supports them and without fear of reprisal outside the law.
Wendy Ray, KERG, suggested that official contact by the Council with the Eugene
!Area Chamber of Commerce might be of some help with regard to actions in the
:business community.
'Manager'to clarify intent of the motion said his understanding was that the City
,Attorney was asked to examine present laws, then examine the feasibility or
:practicality of covering by ordinance any area not covered by existing laws.
:Councilwoman Beal agreed with his interpretation, recognizing enforcement would
:be difficult but feeling that such a law would at least be a deterrent. CO,uncil-
. ;woman Campbell commented on the possibility of withdrawal of business from those
~ using retalia tion to' influence voting. Comm
i 11/7 /73
,Vote was taken on the intent of the motion as clarified. Motion carried
I Approve
unanimously.
jCouncilman McDonald asked if he would be permitted to vote in the future on
lissues having to do with the Sign Code. Mayor Anderson answered that it would
be 11..z:.McDonald's choice an,~ that he shqul.E.....3et advice from the City Attorney.
~S\ 11/26/73 - 9
B..Mall Activity Committee Report - Copies of report were previously distributed to
Council members setting forth recommendations of the group appointed to seek ways
'to enhance attraction of the downtown mall to the general public. Navarre Davis,
chairman, introduced members of the committee, some of whom were present, and .-
'explained the committee's priority recommendation was the hiring of a person to
;manage and co-ordinate activities on the mall, and whose salary would be funded by
iroom tax revenues. This they felt would develop better guidelines for control and
: assist in creation of a better downtown environment. The committee felt commercial
'activities on the mall at this time were not appropriate, recommending reconsidera-
tion after one year. This recommendation was based on the availability of a wide
variety of business locations in the downtown area, experience will have been gained
by the committee with various activities suggested by it, decision will have been
made with regard to covering the mall area, and legal questions will have been re-
solved with regard to activities on the mall, particularly outdoor cafes.
,Mayor Anderson commende~ the commi ttee for its work and the time and effort spent
,even though the recommendations presented, he said, probably did not meet expecta-
tions of some. Councilwoman Campbell expressed interest in the sidewalk cafe pro-
,posal and hoped that problems would be resolved to allow their operation. Mr.Davis
said it would be further explored if the Council was interested in developing that
type of activity.
: Councilman Keller expressed disappointment at the recommendation to delay considera-
:tion of commercial activities on the mall for a year. He referred to the Saturday
Market and said it would appear from the acceptance of that activity by the public
there should be a similar operation which could be initiated in the mall to generate _.
,business. He felt business people in the downtown area were not being creative enough,
,that they were "running away" from the market. Mr. Davis replied that the committee
spent a major part of its time discussing concerns expressed by Mr. Keller, but study
in more detail was felt necessary. Vince Farina, committee member, cited some of the
problems inherent in trying to extend commercial activities to the mall - how to decide
types of businesses to be allowed, locations, length of time permitted, licensing, etc.
For this reason the committee placed priority on the employment of a mall manager.
Plus the consensus that increased cultural activities would generate more interest in
that area without the necessity of having to sell something.
Councilman Murray felt commercial activity on the mall would be of value and thought
merchants now located in that area should extend their sales activities into the mall.
Mr. Davis said the committee report did include a provision for special sales activi-
ties on the mall in a co-ordinated, organized fashion through the Downtown Association.
Then based on that experience further activities could be initiated. He said should
- __ _..._ . _.-........~~. ' .. - . '0_ .
anyone wish to -initiate a business activity on the mall, pay his share of the parkin~
program, etc., it is possible, but those now having stores on the mall would Object
to having a commercial enterprise operating in front of their stores. He said the
Downtown AsSociation voted unanimously against present merchants selling in front of
'their stores.
.Councilwoman Beal said the committee obviously misunderstood the charge given by the .
Council - to make money from the mall. She said the City now has the legal right to
lease space on the mall for commercial purposes and she felt this would alleviate to
some extent the burden of the free parking program. However, the recommendations of
,the committee, she said, are for activities calling for spending more money rather
than making it. She wondered about the source of funds to pay the salary of a mall
manager unless income from rental of space would offset it. It was her feeling that
the mall should be a cOlnmercial place primarily and activities there should be for
the purpose of attracting people to buy. Mr. Davis replied that the committee did
not misunderstand the charge. lie said they spent many hours discussing the proposal
of commercial activities on the mall and had arrived at the stated recommendations.
He added that if a different resLLZ t was wanted, there would have to be a different
committee.
.- -----
: Mayor Anderson confirmed Mr. Davis' statement that the committee did understand its
,charge - it was read to them-from Council minutes, and considerabJe~background
imaterial was distributed to the committee concerning the type of activities to be_
: considered. He said there was disagreement in the committee but its report outlines
: the issues and recommends an approach to a solution.
,
,
. Councilman Wood d.id not think it too difficult to provide a manager for mall activities.
He hoped activities would go beyond the limitations recommended, saying there was a
need for revenues which could be dl~rived by Lll10winq businesses on the mall. He re- .
fer red to the sale of flowers by people on street corners, such as 18th and Chambers,
as a desirable activi ty and thoughti t would benefi t those people already operating
stores on the mall. Mr. Farina said the flower selling on street corners referred
to appeared to be illegal - they do not have either a peddler's or nursery license -
and because of resul tiny traffic congestion it presented a safety problem'. He cited
. the State licensing problems to be worked out and costs involved if sale of flowers I
I
,is to be permitted on the mall. lie suggested the possibility the Saturday Market
'''tself may be in violation of State law. From a practical and economical standpoint,
'\said, that activity would not be sound on a continuing basis.
,. . - ~.
.. ; .
.f! '!S2. ~
. 11/26/73 - 10
'-
,
Councilman Keller said he was not advocating a Saturday Market on the mall, nor was
he overlooking the costs and other problems involved with having commercial activities
. on the mall. However, he was disappointed that there was no change in the business- I
men's stand in that regard. He felt it could wurk, that it should be given every
consideration without postponing it for another year.
Councilwoman Beal suggested legal research to determine whether legislative action
was possible ,to allow existing businesses to operate on the mall without excessive
costs and licensing provisions. Then if new operators wanted to come in they would
have to pay the same fees and abide by the same rules.
Councilman Wood asked if feasibility and cost of covering the mall were explored.
Mr. Davis said it was discussed. If the Council is interested in pursuing any phase
of the activities recommended, he said, the committee would gather more information
and cost figures.
, Councilman McDonald expressed approval of the committee's approach. He wondered too
how the salary of a mall manager would be met. Councilwoman Beal commented on the
necessity of a report on whether legislation could overcome the licensing problem for
outdoor sale before further action could be taken.
Mayor Anderson suggested liaison with the Downtown Association in an attempt to work
out some arrangement whereby downtown businessmen would be willing to extend their
merchandising activities into the mall. At the same time staff could be reviewing
e' the committee's recommendations and bring to the Council a report relative to costs,
source of revenue, activities which could be started as a basis for increasing
participation in the downtown area.
Nada zawodny of Graphics~West, 1660 Willamette Street, said the important thing was
to create excitement on the mall to' attract people. Sale of merchandise would follow.
Mrs. Beal moved seconded by Mr. Williams to seek implementation of the committee
recommendations, to make contact with the Downtown Association with regard to com-
mercial activities on the mall, and to continue the Mall Activities Committee for Comm
QQ!)_~uJ.J;5l t:.~~n w l th staff i n_ seeking _imple:.menta ti on of_the I'ec?rr.unenda~ions presen ted," 11/7 / 7 3
Councilwoman Beal asked too for exploration of legal ramifications with regard to '! Approve
,licensing businesses on the mall. 'I
Vote was taken on the motion. Motion carried unanimously.
C , Procedure for Selection of Planning Commissioners - Mr. Williams moved seconded by
,Mr. Wood to solicit applications from the community for review by the Council after
I which interviews would be scheduled.
i
[ In making the motion Mr. Williams suggested some screening if a great many applica---
tions are received to minimize the number of interviews scheduled. He suggested
. delay of the process until the middle of November because of other commitments by
Council members.
Councilwoman Beal suggested consideration of the number of replacements needed.
She wondered if selections could be made at this time for possible vacancies (refer-
ring to Commissioner Hoffman's intention to resign):' as well as for filling positions
with terms expiring January 1. Mayor Anderson said there would be only two vacancies
(Betty Niven and James Pearson terms expiring), and that Mr. Hoffman would serve for I
,
:at least another six months. However, Mrs. Beal thought it would be well to have r
i
I
I someone selected ahead of time to become acquainted with Planning Commission business,
,procedures, etc., and ready to serve when resignations occur. She also suggested
setting a deadline for receipt of applications.
Comm
With the consent of the second, Mr. Williams included in the motion the provision 11/7 /73
for Council approval of application form and deadline of December 10, 1973 for re- Approve
ceiving applications preparatory to review by the Council.
Vote was taken on the motion as amended. Motion carried unanimously. i
'---'-_. .,. ,.n__ .... ." .-.__._._~ --------_.,-_..~.-.....-~........-......_-.~--_._-..-._._> ,.. . -.... '--'-'-' . . ....._----...i
D. ,Reducing Speed on State'Highways within City limits - State Speed Control Board,
Ion their authority to do so as a safety factor, lowered speeds on State highways
. ito 55 mph. The Board's authority with respect to highways within city limrts
lis subject to a 3D-day waiting period to allow local authoritie~ to resP9nd. ,
:Councilj was requested to respond as quickly as possible to allow lowering of
'speeds on I-5, I-105, and Belt Line Road within the City limits. Manager said
Ihe had written to 'the Board telling them staff concurred with the decision but
that f9rmal Council action could not be taken until Monday, November 26, at its
regular meeting. Comm
11/21/7 3
" Action
[Mrs. Beal moved seconded by Mr. Williams that the Council concur in the State
Speed Control Board's decision to lower speed limits to 55 mph. Motion carried next page
, JJ.1J~~j.mou~~!l' -'
-""'-"-.'-.-.
~S~ 11/26/73 - 11
Councilman Williams referred to the recent speed of 50 mph requested by the President
a~d Suggested the City authorize the State Speed Control Board tc adjust speeds on State
hlghways within the City to the same speed set ana Statewide basis. Councilwoman Camp-
pell, however, felt there was not agreement at the State level with the President's .-
suggested 50-mph speed. '
Mr. Williams moved seconded by Mrs. Beal that the City Council respond to the
State Speed Control Board's lowering of speeds to 55 mph by indicating to the
,Board that the City approves lowering speeds within the city of Eugene to con-
-f?rm.to speeds established on the interstate, primary, and secondary road system
wlthln the State of Oregon in areas outside the city of Eugene and accepts con-
formance to standards established. Motion carried, all councilmen present vpting
aye, except Councilwoman Campbell voting no.
E. Bmpioymentof Second M~~cipal Judge'- Assistant Manager expl~ined that, in operation
of night court, problelTlB ;.arose in scheduling a ttendance by police officers, wi t-
:nesses, plus difficulty-:1:"n handling the number oZ juries needed to process trials,
iwhich brought second thoughts about the wisdom of hiring a second municipal judge.
He said Judge Bocci asked for a delay in the hiring process to allow use of the
,current assistant judge, pierre VanRysselberghe, more extensively to see whether
reduction in the case load could be worked out. Judge Bocci added that taking too
many officers from the streets and attendance of jurors were problems not anticipated
~in operation of courts simultaneously. He thought before being committed to the "
expense of a second municipal judge with the probability of not being able to use
him effectively he would like to experiment with scheduling cases, using the present -
part-time assistant. In'answer to Councilman Wood, Judge Bocci said because of
present remodeling work effective scheduling could not be undertaken until after
January 1. Comm
Mr. Wood moved seconded by Mr. Williams to delay the hiring of a second, judge as " I~ 11/21/73
: requested. Motion carried unanimously. ~I Approve
v.
-.'- .- -
F. Planning Co"mmission Report re: North Central Eugene Project Design Concept--"(Novem-
'ber 5, 1973) - Planning Commission recommended approval of the Eugene Renewal Agency
,design concept for the two and one-half blocks on both sides of Willamette Street :
lnqrth of 8th Avenue subject to the following concerns and qualifications:
;"1. Parking should be provided only as needed, bearing in mind that air quality !
restrictions, increased use of mass transit and/or other forms of transporta-
tion, and traffic restrictions may alter the need for parking as now forecast.
,
:2. Requirements for parking should therefore be periodically reviewed, especially
prior to any further proposals for additional parking spaces.
3. In terms of the present proposal, the surface parking lots adjacent to the
hotel and the lot south of 8th Avenue should be depressed and well landscaped .
to minimize their impact. The curb cut onto willamette Street from the hotel
parking lot should be carefully examined in light of possible future de!'elop-
ments north of 6th Avenue.
4. Due to the height of the hotel,. it should be designed and located so as to
lessen impact on views down the central Willamette Street mall.
5.Because the concern about height will continue to be an issue in the city,
future work programs should include a study on possible height limitations in
the ci ty.
i ,
I " .
; "6f" LOcation and scale of the transit facility will be endorsed by the Lane Transit
Board of Directors prior to the effective date of this Planning Commission recom-
mendation.
'.~ ,
CouncIl previously was furnished with copies of Commission report "and letter
from Lane Mass Transit Board endorsing the proposal of combined bus terminal and
,retail structure on the half block west of Willamette immediately north of 8th
"Avenue. Manager reported that staff members of DEQ in meeting with City and
Renewal Agency staff gave encouragement for the integrated mass transit and
I parking facili ty. They were very supportive of the idea of a co~centrated
,downtown area which would tend to create more of a demand for use of mass .
transit than would be the case if retail and office uses were scattered through-
'out the community. It was felt City control of the downtown parking program
would provide development in phases as the demand itself develops rather than
resulting in a substantial deficiency of parking or overbuilding of facilities.
Dan Herbert, member of the Lane Mass Transit Board, said the Board's endorsement "
was conditioned upon receiving some assurance that specialized transit needs
will receive traffic priorities from the agencie? involved should it become
necessary in get~ingthe transit vehicles in and out of the structure.
_ u 35+
11/26/73 - 12
,
r rJ',.."....-u l"[' ';~""'J"~.., , . - -
1
Councilman Williams asked whether restrictions on height of buildings in the
: vicinity of Skinners Butte would present a conflict. Manager said the area
. : under consideration is not in the district to which the height restrictions apply.:
I
ICouncilwoman Campbell asked whether the recommendation to depress the parking
!lots would present problems because of the water table. Manager and Dave Hunt,
:Renewal Agency director, explained that the recommendation is to lower the park-
!ing level two to three feet below street level, and no water problems are antici-
ipated. Should it be proposed to install an entire parking level or two below
"street level, then there could be water problems.
Comm
Mr. Wood moved seconded by Mr. Williams to adopt the Planning Commission recom- 11/21/73
, mendations as presented. Motion carried unanimously. Approve
I
lMr. Hunt reported that the Renewal Agency in a lengthy hearing just finished
:had considered petition by Archie Weinstein to reclassify the subject property
:from hotel use to retail sales. The Agency voted unanimously, with two members
abstaining because of possible conflict of interest, to deny the petition and
affirm the original Renewal concept. Mr. Hunt distributed to Council members
background material on the issue. ..,,,', '" _....~.." .... . _.~ "..' "'-- -....--,--..-... ._".. ..-., ___ c_ _._._~'_~'_.
. ~". ".,.. . - --. ".- -.--.- .~_. .----...-..---- ~.. .
G:!Room Tax Allocation Committee Report, Novemb'er 7, 1973 - Copies of the report were
previously distributed to Council members. ~llocations recommended were:
- 1. 'Docent Council of the Friends of the'Museum - For training sessions $ 1,000
2. Willamette High School - Track and playground construction 7,000
3. Black Student Union - Cultural festival celebrity expenses 2,000
i4. Festival of the Arts, University of Oregon 1,000
iAction on four other items was postponed by the Allocation Committee.
i !
I Councilman Wood said in allocating funds for the Chicana/Native American fest!val
,it was felt celebrities should attend at thei.r own expense. He wondered how that
was handled in the instance of th~ Black Student Union festival. Catherine Lauris,
chairman of the Allocation Committee, explained that the original request was for
,more than $3100 to cover the entire expense. However, the Committee curtailed the
funds to the $2000 with the recommendation that the balance of the expense be met I
through ticket sales. Manager noted the Council previously had approved funds to
bring a Mariachi band to Eugene for a cultural festival. i
Councilwoman Beal asked about the allocation for the Willarnette High School track
'and playground area. Mrs. Lauris answered that the funds were to be used for an
all-weather track - for Jogtown USA - and to add one more lane to meet standards
for competition. The Committee felt park development in the Bethel area was minimal,
. so the recommendatIon was made with the stipulation, and the School people agreed,
that the track and other facilities would be made available for general community ,Comm
,use as often as possible.
I 11/21/73
: Mr. Williams IlOved seconded by Mrs. .Beal to approve the Room Tax Commi ttee alloca- ApI?;rove
~tions as recommended. I
Manager said questions were raised by staff about need for developing a set of
;guidelines or more specific criteria for the Allocation Committee and the Council ;
iin appropriating room tax revenues. The issue came up as a result of the Committee's!
recommended appropriation to Serentiy.Lane, an alcoholic rehabilitation center,
which recommendation will be corning to the 'Council soon. While it.has no disagree-
ment about the importance or value of a' facility such as Serenity Lane, staff does '
- . ",_. . - -. --..- --" . _ ." _. _____.___~~.____.._ .. .1____ T",_ _ ~.. _." _'__'._______'_" 'm ------.J
,h~ve question about whether it would come under the scope of the Charter amend-
ment covering revenues from the roolf,"tax when speaking of cultural activities. I
i
,Councilwoman Beal expressed the opinion that Serenity Lane could be considered a \
: correctional facili ty, rather than cuI tural. Mayor Anderson sugfJested preparation :l'\
:of informational material with regard to areas which the Council feels come under I
; the Charter provision. Mrs. Lauris answered that the Finance Department has pre- ~
pared information and instructions to be given applicants for funds. She suggest~d:
. possible consideration of amendment to the Charter provision to include social :.1
services. Councilwoman Beal thought ,there should be little commitment of funds ...1
'until it is known whether the Auditorium Association will request further funding.
,It was understood staff would bring recommendations on guidelines for future alloca-,
\tion of room tax funds.
Vote was taken on the motion as stated. Motion c~rried unanimously.
._~- ..-.-----.----------- ._~,- ~,
'3~5 11/26/73 - 13
H.Christmas Music on Mall - Eugene Downtown Association requested permission to pro- I
lvide Christmas carols on the mall between Thanksgiving and December 24 by means of
:a sound system similar to that used in previous years. .-
Mr. Williams moved seconded by Mr. Wood to authorize the sound system as requested. :Comm
;Motion carried unanimously. 11/21/73
1 Approve
I. I Ordinance Revision re: Sale of Alcoholic Beverages by Minors - Adoption would
!bring the Eugene City Code into conformance with State law. Copies of the proposed
;ordinance were previousl~:furnished Council members. It would permit sale of al-
:coholic beverages by min~1f working in stores holding OLCC package licenses.
, \
,Mrs. Beal moved seconded by Mr. Williams to adopt the ordinance revision. Motion 'Comm
:carried unanimously. 11;21/73
Approve
J. : Rate Increase, Airport Limousine Service - Airport Commission recommended approval '
_o~ request from Johnnie F. Miller, owner of Airport Limousine Service, to increase
,fare between the airport and the Eugene Hotel from $1.75 each way to $2.00 each way.
:Staff recommended'referral to the Finance Departmeht for inclusion in study onin-:=~.o
!crease of taxicab rates to be undertaken immediately after Thanksgiving.
,
;Mr. Wooa moved seconded by Mr. Williams to refer the request to the Finance Depart- Comm
iment as recommended. Motion carried unanimously. lA6~~bZ~
K. !Amendment to Airport Grant Agreement (Project 9-35-044-C808) - Authorization was re- : -
Iquested to amend Airport grant agreement increasing maximum Federal obligation from ~omm
1$227,587 to $233,750.48.
I 11/21/73
; Mrs. Beal moved seconded by Mr. williams to authorize the amendment. Approve
Motion carried
,unanimously.
, . _. ~..;--~-,. .-- .~ r
-'- ,,-- - ..- --'-.^-" --~ ._--_..~_._-_....
L.;petition, Sanitary sewer on Royal from 600 feet west of Candlelight to 160 feet ,Comm
'west of Terry - Signed by owners of 80.3% of property to be assessed. 11/21/73
: Mrs ~ Beal moved seconded by Mr.' ,Williams to approve the peti tion. Approve
Motion carried '
unanimously.
M. i Liquor .License Applications
11..' Papa's Pizza, 1577 Coburg Road (New - RMB) - Manag~r said unless it is desired
to have more publicity because of recent opposition to location of the same
operation on Oakmont?Way, the application for the new location would be on the
Nov~mber 26 agenda. The COburg Road location abuts commercial and apartment
I properties. Councilwoman Beal thought a hearing would not be effective unless
there was a poll of the neighborhood first. She moved seconded by Mr. Williams
: to postpone consideration of the application until OLCC report is received.
! .
I Manager suggested contact with the OLCC to see if a poll had been taken in the
j area adjacent to the new location and scheduling consideration for the 26th
1 if the information is available, otherwise postponing to the next regular Council
meeting. Council agreed to that procedure, and voted unanimously to schedule
consideration of the application at the November 26 meeting pending receipt of Comm
survey from OLCC. 11/21/73
Approve
Manager reported that the OLCC does intend to poll the neighborhood of the proposed
new location for Papa's Pizza. Therefore, the application will be held for hearing
after results of that poll are known.
- ------~.. -_...
2. Spigot Tavern, 2841 Willamette (Change of oWBership - RMB) - Trident Enterprises,
Inc., (Jon E. Briscoe, Charles F. Hudspeth, Nick E. Brborich), formerly Mr. and
Mrs. John Lessel.
.
3. Abby's pizza Inn, 1970 River Road (Change to corporation - RHB) - Jantec, Inc.,
Edgar and Manice M. Brown. Comm
11/21/73
Mrs. Beal moved seconded by Mr. williams to recommend approval of RMB for Approve
Spigot Tavern and Abby's Pizza. Motion carried unanimously. .
N. Planning Commission Reports . ...-__0_-
L October 9 - Recommended Code amendment to permi t secondhand store in M:""2 District'
/
'~., October 9 - preliminary approval Hertlewood PUD (Hawkins Heights area).
Appealed to Council. i Comm
11/21/73
3. October 15 - Recommended zone change on both sides of 5th Avenue from west I
of Pearl Street to High Street from M-2 to SD Special Development Pu1:j Hrng
"
Distric;t (Unthank,Seder,Poticha) i
" '35>Co 11/26/73 - 14
I
\
Mrs. Beal moved seconded by Mr. Williams to schedule public hearings on the recom- )
mendations at the November 26 Council meeting. Motion carried unanimously. ,
. 4 October 22 - Easement vacations recommended: .' I'
, . a. South of Spring Boulevard and, east from South Ridge Drive (Hirons)!
6. Between West 24th and 24th Place, east of Madison and west of i
Jefferson (Ahre & Root)
Street vacation recommended:
a. Portion of Satre Street at Parish Street (City)
Mrs. Beal moved seconded by Mr. Williams to call hearing on the recommended vaca- ,Comm
,tions for January 7, 1974 Council meeting. Motion carried unanimously. 11/21/73
Approve
0.' Park Dedication between Chevy Chase, Regent, and Stonegate - Planning Commission
recommended acceptance of 2.75 acres from Bruce and Katherine Chase subject to
City's payment of $1,415.10 street assessment. The Commission also recommended
granting the request of Bruce Chase to designate the land 'as "Marche Chase Park"
honoring his mother.
! Mrs. Beal moved seconded by Mr. Williams to accept the land for park dedication C
; and ~cknowledge t~e gift fr~m Bruce ~nd Kath~rine Ch~se with an expression of 11/21~~~
: _~~~_~~ t.~~e _!~z: th:~:.?em:ros~ ty_:,_ !1.?~!:on _=--arned unaI?~~usly. . '_ '-'m__pd.. .-~Approve
4IIl P. Council Minutes - October 23, 1973 as circulated Approve
Q.~Schedu1e of Council Meetings, December and January (Hearings on Goodpasture
R.:Island area commercial needs, seXUal preference amendment; meeting re: Joint
-,
iSewer Study) - Schedule suggested was December 17, January 7, and January 28
; (regular meeting dates December 10, 24, January 14). However, because of the'
inumber of public hearings scheduled for the November 26 meeting and possibility
:of an overly long meeting, another meeting perhaps on December 10 was suggested.
;Mbtion was made by Councilwoman Beal and seconded by Mr. Williams to hold a
meeting on December 10 also. However, Mr. Williams thought it wou1.d be more
'satisfactory to hold the extra meeting on Tuesday, November 27, thereby avoiding
,delay of action for another two weeks on items scheduled for the 26th. Manager
~noted too the postponement from the November 5 meeting of consideration of a
,resolution calling for planning study of commercial needs in the Goodpasture
Island area. He said an attempt to get the appropriate people together to work
,?ut !Spe9j.f:j.csof,th~.t. resolution, as ,well as .methods. of ac;c2mp~ishin<J. th~, s~udy.._
'had been unsuccessful. A meeting is scheduled for the afternoon of the 26th \
!but it is doubtful recommendations would be ready for Council consideration that\
Isame evening. Councilman Hershner reported a joint session between Springfield
.- land Eugene Councils and Lane County Commissioners to consider regional sewer
jrecommendations was scheduled for December 10. He said the Joint Sewer Committee
!felt it imperative to have that meeting since the consultant working on the study
!will be unavailable after that time for two or three months. Too, the Spring- \
jfield Council and County Commissioners have agreed to the meeting on December 10. '
:.; jManager said legal requirements for advertising wi th regarc~ to Planning Commission
litems could be met by adjournment to TueSday, the 27th, so m~eting that night
would be appropriate, carrying over any unfinished items plus scheduling hearing
on the Gay People's Alliance request for amendment to the Human Rights ordinance,
and assuming the GOOdpasture Island resolution would be carried to December 17. Comm
1'iJ../21/73
With the consent of the second the motion was w.ithdrawn. The Chair designated j Affirm
a meeting on TueSday, November 27, as a continuation of the meeting on November 26.;
It was understood the Counc.~~~would meet December 10 with the Springfield Council
1_a~d. E~ullty Commissioners withiegard to" the joint sewer study.
-;:3'-..........' '--- .__.._._.,.*-,...._...__.~-- ','_ -... ~_"", . ~ __ _. ___ __. . __. F ~'_...._....__.._,.__..._ _.__._~_____
S. Committee on Revision of Community Goals- Mayor Anderson.announc~d ~he appoint: Comm
ment of Councilmen Williams and Murray to work with Plann~ng Comm~ss~oner Betty tl/21~73
, ,. f h C . t G 1 Aff lrm
: Niven on rev~s~on 0 t e ommun~ y oa s. ,. , ,." . .., ._ .__,_~_
~.... --- .._._....._u_,... ~~ ......_ .~.__.
, I~.o;.
_ T.1 Downtown Free Parking - Councilwoman Campbell informed other Council members of a :
~ letter she received from Springfield Councilwoman Ruth Edwards concerning problems \
) encountered by employes with regard to p~rking in Eugene's downtown area under \
. the recently implemented free parking program. Mrs. Campbell recognized the fact ~.:\
that problems with the program were anticipated before its implementation and
,noted that the Downtown Development Board had the same concerns. Ilowever, she \
didn't want the problems ignored by the Council as a body and hoped that sug- I /c/omm
I 11 7 73
' gestions would be forthcoming from staff and the Development Board. Mayor '.
'd h b' t k FJ.le
Anderson agreed a number of problems had developed but saL t ey were eLng a en
, care of by staff.
._------,.....~---_._-------- ---- --- ---:::-.-:--~-~- ---- -~ ---.~_.~",.",
'351 11/26/73 - 15
.
U: Zoning, Oakmont near Sorrel Way - Councilman Hershner noted considerahle concern
had been expressed with regard to commercial zoning on property adjacent to
single-family residential property on Oakmont east of Coburg Road. He said he
'was fairly certain the City would receive petition from residents of that area Comm .
for some type of transi tional zoning to relieve the si tuation and said he would 11/7/73 '" -
'like to see the Planning Department look into the matter. File ~>
I
, '
V. Council Members Attendance at Neighborhood Meetings - Councilwoman Campbell asked I
the City Attorney's advice with regard to attendance at meetings of neighborhood
organizations should a zoning issue come under discussion. City Attorney said
, there was no question that attendance of Council members was permissible~ However, I
:should zoning be discussed in terms of a specific issue on which the Council may
sit in judgment later., then Council members should excuse themselves.
Councilman McDonald expressed strong reservations about not being able to partici-
pate in neighborhood meetings without jeopardizing one's ability to participate
in deliberations on issues before the Council at a later date. Attorney expiained C
:that the ruling was not established by the Councilor the Attorney's office. 11/7~~~
'Rather it was simply an honest interpretation of the decision given in the Fasano .
. 'h ' ff' " 1 h d .' d 'II d Flle
,case. He sa~d ~s 0 ~ce was prepar~ng mater~a on t e ec~s~on an w~ spen
'some time with the Council in the near future so that guidelines will be available
to them in future deliberations.
W.Tru;k Ro;tes - In response to qu~~tion raised recently by Councilman Murray with I
regard to problems encountered in implementation of truck routes through the City
authorized by the Council, Manager explained Federal highway administration rules ,~
govern freeway signing. At this time there is no space available for signing Comm ~
'which would forewarn drivers of entrances to truck routes. However, staff is 11/7/73
:still working with the Highway Division sign people in an attempt to find a Fi~e
solution. It was'understood Council would be kept posted.
X. LOC Meeting, Portland, November 11-13 - Copies of registration and reservation Comm I
,confirmation were distributed to Council members. Transportation to Portland is 11/7/73 I
: being arranged by Roger Cleland, intern in the Manager's office. File I
Y. South Hills Studies - Manager passed to Council members copy of ecological
descriptiqn and land use inventory developed in the South Hills studies. He ad- Comm
,vised that copies were available in the Manager's office should anyone be 11/7/73
,interested in studying them in more detail. File
Zj>lann-iilg "Commissioil-'Min,uteii ;:;"R.elc"idpE"o[ I'lannin'g commission minutes aiter- C~~;;(;il
lconsideration of an item covered by the minutes was commented upon by Councilwoman
[Campbell. She felt minutes on an item going to the Council could be singled out Comm
:and made available before Council consideration. Manager explained that normally 11/21/73
ICouncil discussion is not scheduled until Commission minutes are available but File
'because of the volume of paperwork involved delay sometimes is unavoidable.
I
I
AA.i.Neighborhood Organization policy Brochure - Council~an Murray wondered why the i ."
'brochure on neighborhood organization policy h~d not yet been distributed to
[nei~hborhood organizations. M~nager explained that ~uestions arose when staff" I
:rev~ewed a draft of the brochure at about the same t~me proposed charter for ne~gh- Comm
jborhood oroups was received. He said there was no problem with the policy itself, 11/21/73
:: rather it was a matter of rewording the brochure for correlation purposes. Work' File
lis proceeding on it and it is expected that it will be ready soon. I
I
BB. ;Nonconforming Signs, Cobl.lrg Road - Councilwoman Campbell commented on the non-
[conforming signs on Coburg Road - Holiday Inn, Thunderbird, and First National
lBank - and wondered why they were permitted to remain. City Attorney explained ,
Ithat when suit was filed restraining enforcement of the sign ordinance pending I
:a decision on its merits there was agreement between attorneys and court that (
;enforcement against those listed as plaintiffs would be delayed until hearing
~n the matter was held. Plaintiffs in the case had the opportunity for that I
(hearing and City couldn't agree to withhold enforcement action against any other I
Ithan those plaintiffs listed in the suit. The three mentioned by Mrs. Campbell
:are not plaintiffs at this point. A hearing on whether enforcement should apply
lto all or plaintiffs listed only is now set for December 3. Public Works Di- Comm
rector reported that the Thunderbird people are starting compliance now, and an 11/21/73
appeal was heard by the Sign Code Board of Appeals on the Holiday sign on~Novem- File
ber 19. He had no knowledge of the status of the First National Bank sign.
CC.:Deadline for Receipt of Planning Commission Applications - Councilwoman Beal .
called attention to recent article in the Register-Guard concerning applica-
tions for Planning Commission membership listing December 30 as deadline for re-
ceipt of applications. Manager explained that the press release listed Decem- i
'ber 3,as the deadline and typographical error resulted in its appearing in the I C
,. . omffi
paper as the 30th. He sa~d a correct~on was being prepared. Counc~lman Williams I ll/21/73
said a review of Council action would show the deadline was actually set for I F.l
' ! l e
December 10. ..
3S~ 11/26/73 - 16
-..... . ... .\.
DD'. Joint Meeting with Planning Commission (Fasano ruling) - Council was reminded Comm
of this meeting ,to be held on Monday, November 26,12:00 noon, at the Eugene 11/21/73
. :Hotel. The only topic of discussion will be City Attorney opinion and proposed File
· :ordinance concerning land use hearing procedures under the Fasano ruling. Copies
~of the opinion and proposed ordinance will be available in the Manager's office.
----..... q--,......, .,--,- '-- '-"'.,_.,"-, ---..--..,--.. - .. -- - ...---,---",---, .. ...., ,.,...,_, ...J
BE~Distribution'
Background materials with regard to public hearings scheduled for NOvember 26
: were distributed to Council members. It was understood press releases would be
i prepared announcing the change of date (to November 27) for consideration of the Comm
'Human Rights ordinance amendment (Gay People's request). Also, there would be ~1/21/73
; press release covering the delay in consideration of the resolution calling for I File
;_~.~~~~o~ co~~r~~~a! n~_e_~s.. ~1!, ..t:.he GOoa.~sture Island area. , _ ..._.1
-"- _......... ( ..'- ___nu__._.. __, .'",' ..... ~.' .-,' -.-.
Mrs. Beal moved seconded by Mr. Williams to approve, affirm, and file as noted Items A
through EE, except Items D and M-l (see separate action above). Rollcall vote. All
councilmen present voting aye, motion carried.
Selection, Second Municipal Judge - Manager explained that'from experience gained
in the past week working with night court, scheduling juries, getting witnesses
"and police officers, etc." the conclusion was drawn that perhaps adding a second
municipal judge may not be the best solution to reduce the backlog of cases
~ :awaiting trial. Council was asked for authorization to contact the committee
,~ icharged with selecting a second municipal judge and suggest about a six-month de-:
:lay in the process. This delay would allow an opportunity to work out some of
: the administrative problems through use of the present Assistant Municipal Judge,;
'holding court simultaneously, in an attempt to develop a more economical method
of handling the cases.
;In answer to Councilwoman Beal, Manager confirmed that the Council had r~cently
: authorized hiring of pro tem judges. He said use of pro tem judges together
iwith the Assistant Judge would be C?ntinued for a while to determine whether
'scheduling problems would develop, thinking perhaps a second municipal judge may
not be necessary..,. .., ' ,'" '. ".. '___
Councilman Wood mentioned the concern with the buildup of cases resulting in the
budgeting of funds for a second judge. He wondered if Manager supported the sug-
gested delay, whether there had been information received yet from the Selection
Commi ttee, and whether action could be delayed until more information from the
committee is forthcoming. Manager supported the suggestion for delay to allow
experimentation with scheduling. He added that authorization requested at this
time was to allow discussion with the Selection Committee. It had met only once. I
,
I
Mayor Anderson didn't favor any procedure which would resul t in cont,inuing to Comm
..." have a backlog of cases. He felt 'that would detract from the court's stature" 11/7/73
i and tha,t any procedure set up should have some degree of permanence. ,:See Item E
Above
It was understood the second judge selection process would be delayed to allow
exploration of alternative methods for reducing the backlog of municipal court
':C;;s.~!. I __
,'. ....,~,..' ,'" - "
III - ordiriances
Council Bill No. 404 - Amending Sections 3.700 and 3.715 of City Code re: Taxing
businesses and professions in Downtown Development District was read !he first.time by co~ncil
bill. number and title only, there being no councilman present requestlng that It be read In full.
Manager explained that the amendment would provide for the City's collecting the tax in the
Downtown Development District rather than the County Assessor's office as provided in the
original proposal because there was some question about the County Assessor's authority to
collect the tax.
Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by councii 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
e only. :
Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given fin~l passage.
Rollcall vote. All counciimen present voting aye, the bill was declared passed and numbered
16939.
Council Bill No. 405 - AmendingO~dinance 16905 re: Classification of proper~ies and
levying ad valorem tax in Downtown D~velopment District was read the first time py council
bill number and ti tleonly, there being no councilman present requesting that it:':~;be read in full.
'3~9 11/26/73 - 17
. "
Recommended by the Downtown Development Board the amendment would govern the collection of
business license tax and provide for penalty should payment become delinquent.
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 16940.
Council Bill, No. 406 - Calling hearing on January 7, 1974 re: Vacation of easement south
of Spring Boulevard and east from South Ridge Drive 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.
.. h h b.ll b roved and given final passage. Roll-
Mrs. Beal moved seconded by Mr. Wllllams t at tel e app .
call vote. All councilmen present voting aye, the bill was declared passed and numbered 169417
Council Bill No. 407 ~ Calling hearing on January 7,1974 re: Vacation of easement between I
West 24th Avenue and 24th Place, east of Madison Street and west of Jefferson Street, was read
the first time by council bill number and title only, there being no councilman present request-
ing that it be read in full. ~.
Beal moved seconded by Mr. Williams that the bill be read the second time by council bill
Mrs. ""-
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- I
call vote. All councilmen present voting aye, the bill was declared passed and numbered 16942. I
Council Bill No. 408 - Calling hearing on January 7, 1974 re: Vacation of portion of Satre
Street at Parish 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.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 ~hat the bill be approved and given final passage. Roll-
call vote. All councilmen present voting aye, the bill was declared passed and numbered 16943.
Council Bill N0. 409 - Construction of sanitary sewer on Royal Avenue from 600 feet west of
Candlelight Drive to 160 feet west of Terry 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 timej
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-
dall vote. All councilmen present voting aye, the bill was declared passed and numbered 16944.
Council Bill No. 410 - Adopting plans and specifications for construction of sanitary sewer
on Royal Avenue from 600 feet west of Candlelight Drive to 160 feet west of Terry Street was I
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 I
number only, with unanimous consent of the Council, and that enactment be considered at this time1
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 16945.
Council Bill No. 411 - Amending Section 4.140 of City Code re: Sale of alcoholic beverages '.
by minors, was read the first time by council bill number and title only, there being no council-
man 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 16946.
3bO
.. ,..~
IV - Resolutions
. Resolution No. 2234 - Authorizing amendment to Grant Agreement for Mahlon Sweet Field
from $227,587 to $233,750.48 (Project 9~35-044-C808) was read by number and title only.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion
carried, all councilmen present voting aye.
Resolution No. 2235 - Calling hearing December 17, 1973 re: Withdrawing from Santa Clara
Water District area annexed to City by Boundary Commission Final Order 41 (May 7, 1970) was
read by number and title only.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion
carried, all councilmen present voting aye.
Resolution No. 2236 - Calling hearing December 17, 1973 re: Withdrawing from River Road
Water District area annexed to City by Boundary Commission Final Order 41 (May 7, 1970)
was read by number and title only.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion
carried, all councilmen present voting aye.
Resolution No. 2237 - Authorizing payment of bills and claims for period November 5
. through 26, 1973 was read b~0numberand title only.
Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion
carried, all councilmen present voting aye.
Upon motion duly made, seconded, and carried, the meeting was adjourned to
Tuesday, November 27, 1973.
~
~.
Hugh McKinley
City Manager
.
\
'.
'3b' -,