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HomeMy WebLinkAbout12/17/1973 Meeting M 1" NUT E S EUGENE CITY COUNCIL COUNCIL CHAMBER DECEMBER 17, 1973 .- Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from the meeting held November 27, 1973 - was called ~o order ,by His Honor Mayor Lester E. Anderson at 7: 30 p.m.. on Decemb,er 17, 1973 in the Council Chamber with the following counciJ,.men present: Mrs. Beal, Mr. Williams, Mr. McDonald, Mrs. Campbell, and Messrs. Keller, ',Murray, and Wood. Councilman Hershner was absent. I - Distribution, Audit Report Co~ies of annual audit for, 1972-73 were distributed to Council members. Manager introduced Dick ~lomer and ~ob,Graves, representing Coopers & Lybrand, the auditing firm respons1:Dle for th~ annual audit of the City',s records. II - Public Hearings A. Withdrawals l. From Santa Clara Water District area annexed to City by Boundary Commission Final Order 41 (May 7, 1970) 2. From River Road Water District area annexed to City by Boundary Commission Final Order 41 (May 7, 1970) Public hearing was held with no testimony presented. . Council Bill No. 413 - Withdrawing, from Santa Clara Water District that area annexed to the City by Boundary Commission Final Order 41 (May Y, 1970) 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 consi4ered 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 16947. Council Bill No. 414 - Withdrawing from River Road Water District that area annexed to the City by Boundary Commission Final Order 41 (May 7, 1970) 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 e council bill number only, with unanimous consent of the Coun&il, 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 seconde4 by Mr. Williams that the bill be approved and given final passage. Rollcall vote., All counciilmen present voting aye, the bill was declared' passed and numbered 16948. B. Planning Commission Recommendations - November 6, 1973 l. Sign District Boundary Change south of Judkins Road, east of Interstate 5 from Residential and PUblic ,to Industrial (Willamette Beverage Co.) Planning Commission after public hearings concluded that the area was more properly lndustrial and recommended change of sign district designation. Public hearing was held with no testimony presented other than Reagan Matsler, representing Willamette Beverage Company, 3030 Judkins Road, offering to answer questions. Council Bill No. 415 - Changing Sign District south of Judkins Road and east of Interstate 5 to Industrial was read the first time by -. council bill number and title only, there being no councilman present requesting that it be read in full. Councilman Murray asked whether there were residences in the area. Manager re- plied that there were none. Mrs. Beal moved seconded by Mr. Keller that the bill be read the second time by council " bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. ~Coco 12/17/73 - 1 Mrs. Beal moved seconded by Mr. Keller that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, except Mr. Williams abstaining, the bill was declared passed and numbered 16949. -. 2. Amend Housing Resolution and City Code to allow conditional use permits for Controlled Income and Rent Housing for locally~ and state~subsidized projects in addition to present Code allowance for federally-subsidized projects Change in State law allows local subsidization of housing. There are funds provided in the City's budget for that purpose. Public ,h~aring"was" held with no testimony presented. - -,/y-::....J:.-.:- ~ \. \ Resolution No. 2238 - Amending ~ Resolution No. 1994re :~~. LOcal' and -state subsidy in addition to Federal was submitted and read by number and title. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Motion carried unanimous:J:y. Council Bill No. 416 - Amending Sec:tion 9. 724 of Code to!': allow conditional I Use permits for contolled income and rent housing for local and state subsidized projects in addition to Federal was submitted and read the first time by number and title only, there being no councilman present requesting that it be read in full. --it ........- - 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 16950. C.Bids - Public Works Department (Opened December 17, 1973) For demolition and site clearance at 1075 West 6th Avenue - informal bids. M & W Building Wreckers $ 625.00 Contract Cost $ 625~00 Harry G. Abajian 694.00 Cost to City Shur-Way Contractors, Inc. 1,049.50 Completion Date: December 28,1973 Bids were reviewed by Public Works Director with explanation that the bid covered only the house alongside the store and motel at that address. Attempts to have the structure -e' brought to Code have been unsuccessful; abatement was authorized November 5, 1973. Public hearing was held with no testimony presented. Mrs. Beal moved seconded by Mr. Williams to award contract to the low bidder (M&W Building Wreckers) on their bid price of $625.00. Rollcall vote. All councilmen present voting aye, motion carried. III - Consent Calendar;, Items acted upon with one motion after discussion of individual items3if requested. Previously discussed in committee on November 28 (Present: ,May~r Anderso~;:CouPcil. members Beal, Williams, Hershner, Campbell, Keller, Murray; '-and Wood) and "December 12, 1973 (Present: Mayor Anderson; Council members Beal, Williams, McDonald, Hershner, Campbell, Keller, Murray, and Wood). Minutes of those meetings appear below printed in italics. A. 'p l~~ning , cd~i~;io~-Appi J.ca-fJons --:"-councilman-Wi1na.ms~iiichied-seconded-byd CounclT..--- man Wood that each applicant for membership on the Planning Commission be pro- vided a copy of the Commission bylaws. In making the motion Mr. Williams sug- Corom igested applicants should be made aware of the possibility of explaining to the ,11/28/73 . Council in the interview process what kinds of conflict situations they may find Approve themselves in and under what circumstances they would not be able to vote. He said Commissioner Niven, whose term is expiring, was concerned with the number of' circumstances in which a conflict might arise and which would influence Planning Commission decisions. ....' '3'=-1 12/17/73 - 2 Councilwoman Campbell asked whether realtors should be considered for membership on the Commission. Manager answered that State law limits membership of people -." involved in real property development to two members. He added that experience ,~ has shown that it is difficult for someone in the real estate business to serve on the Planning Commission because of the numbers of potential conflicts which arise. Applicants need to be aware of that problem if they are interested in serving. yote was taken on the motion as stated. Motion carried unanimously. ..-- ~ ~ ... - . ..._- .---.- ._- -,-. .... _'_.n~.___~._.~.___ B. iCharter Revision - Memo addressed to the Council by Manager was read suggesting .alternatives available for reworking the City Charter to make it a more workable :document - revision of the existing Charter or adoption of a new document created Ithrough a model charter approach. Manager recommended revision of the present Charter. iMayor Anderson favored the recommended revision approach, saying it would be better ;as a first step to provide a workable Charter without any major changes on which I : there could be considerable political discussion. Any such major change could be !considered at subsequent elections. ,Councilwoman Beal suggested reorganization of various Charter sections with dates i of amendments to determine what has to be done. She thought making a digest first, ~ : deleting only what was considered archaic, might forego the possibility of having ~ to go to the voters. Manager said reorganization of Charter provisions would be the ,first step in the revision process if that is the direction the Council decides to : take. If the decision is toward ITOdel charter approach to a new document then probably it would not be necessary to segregate the existing Charter since a whole new format would be prepared. He added that any variation from the Charter as it is ! . now written would have to be presented to the voters. In making past amendments i conflicting portions were not deleted and the people are the only ones who can do that. : Consensus was that the revision approach was the most reasonable, expeditious, and comm feasible. 11/28/73 Approve Mr. Williams ITOved seconded by Mrs. Beal to authorize staff to proceed with first I steps on Charter revision process. Motion carried unanimously. . - .--- -_... - ~ --'. . --... .-. .-' ~. ... -. ~ .- .. '-.--,. ~ ---'~~"' ,- C.~ Property Purchase, Addition to Park System - Council members previously viewe 'on tour parcels of land proposed for addition to the park system under the recent , bond issue approval. They were also given information on descriptions and prices : negotiated for the properties. Manager requested permissi~n to place the item \ on the December 17 Council agenda for action. He refrained from discussing detailed! Comm prices and locations because of negotiations at this time on abutting parcels. 12/:12/73 AI?prove e: Mrs. Beal moved seconded by Mr. Williams to place the item on the December 17, 1973 , :,consent calendar. Motion carried u,nanimously. .. ~. c.., ,~, ". .., ',' ..,--,...._,__... '''_'_'''__'_'''~''_''''''_<_'"''_'''''''''' __," ___ _,___._____ .._..._, ,,_', ______.n,_""__,_~__ Frank Beeson, 1820 Brewer Avenue, asked whether this item covered p~rchase of his property and was told it did. D.. Liquor Licenses v.~ 1. Villa Roma, 440 Coburg Road - Gustaf and Marion Myss, James and Karen Corcoran (DA) i Fords Restaurant, 1769 Franklin Boulevard - Jack and Helen Racely (RA) i 2. I I Mr. Williams moved seconded by Mrs. Beal to recommend approval of the applications. Motion carried unanimously. . -.,....... -. --" ..~.-.- -- - ----~._.~-~...:;..;....~.__. o_.-:.,~ ._......... _ ._._ _,_ ..,..~_.,.-.-__.._..._._., ._;...::1....:.:.:. +_._.,....~ __..,=':'-.;...:;.'0:.. ". " J -,. ..-..-----." 'f,~:--,.-:'-'-~-_..---"---..- Comzri / ,J ~ I Added were applications fo~,:' 12/12/73 r Approve Change of ownership - Roci.-';$~' Hofbrau, 1030 Highway 99 North - RMBC Richard and Michael Maher and Eugene A. Stewart . Formerly Rod and Dorothea M. Hager New location - Papa's Pizza, 1557 Coburg Road - RMB (Formerly requested on Oakmont east of Coburg Road) e-' OLCC report indicated no objections from those interviewed in the neighborhood of 1577 Coburg Road. Council had viewed the new site. Staff had no objections. Chair rules both would be included on toe consent calendar for approval. . - -- - -. -- .- ----- . --- E. Room -ia; Ail<:);~'tion Co~ittee Repo;t-;- NO~~;be;; 1S, -197j h'::copj~~ -;f" th~--;~po~t-"",,\ and a letter from Catherine Lauris, chairman of the Committee, were previously , distributed to Council members, although the item did not appear on the printed agenda. Allocations recomme~ded were: .. --~-_--. ------ --.- -.......--- ...~-- ~-_.~~ --- - -- -- .- - .. '. --- ---- - ~ 3<ot:>> 12/17/73 - 3 I . - -,. + --- - - . Se-reni ty Lane (requested $13,800) $ 15,000 Maude'Kerns Art Center 5,000 Emerald Empire Honor Band 100 -_ The Committee recommended denial of Roll On Skating request for $30,800. They , also recommended delay of consideration of ASUO Child Care and Development Center request pending receipt of Ci ty Attorney's opinion on whether the Child Care Center would conform to requirements of the room tax ordinance. Copies of that opinion were made available to Council members with the report. It indicated the request would have to be denied unless the Committee was satisfied factually that the Center's program is predominent1y "cultural" or "recreational." The Committee also recommended denial of the Oregon International Sculpture Sympos,ium request for $20,000 on the basis that the Symposium was too specialized · and not of broad enough appeal to the community. The majority of the Committee felt any sculpture purchased by the City shoul~ be viewed first, thereby giving some control over the design. Manager told Council that City Attorney's opinion with respect to the ASUO child Care request would apply to that of Sereni ty Lane - that it does not fall wi thin the meaning of the room tax ordinance. I .. ' '- - '. - ~ - ~'-- .-....._--- + -"- - --'-'"- Hope Pressman, co-ordinator of the International Symposium to be held in Eugene ~,~ during the summer of 1974, called attention to previous Council action expressing approval of and supporting the Symposium and suggesting application to the Room ,Tax Commi t tee for funds. She said unofficial word has been received of approval of $45,000 grant from National Endowment funds, so local funds would guarantee the project. She said everything possible will be done - basic agreement on de- sign, model presented, slides - to assure that the sculpture will be acceptable to the community, but there would be no way to control the artist in its creation. Councilman Keller wondered what the Committee's concern was. Mrs. Lauris answered that the Committee did not want to promote something that might become controversial in the community. She felt members would be reassured if they knew there would be review of sketches or preliminary design. ,Mpyor Anderson felt that since the City had indicated support of the program as a ~whole this one part should not be isolated. In answer to Mrs. Campbell, Mrs. , Pressman said December 15 was the deadline set for selection of artists. She ;-. __ n __ _ ... ,_ ._ _. _ __ . _ ."" _,' _ ___ .,_ _ .. --- added that arrangements had been made with another participating agency for appropriating the funds from a trust fund, or it could be appropriated on a down payment basis with the balance to be paid upon completion of the sculpture. : Councilwoman Campbell didn't agree with the Committee's idea that the sumposium ~'~e ' would be of interest to only a small segment of the communi ty. Mr. Wood was im- pressed with the excellent leadership and organization of the people working on the project and said he thought it would create broad community interest. In answer to Councilman Hershner, Manager said no other funds from the City were committed to the project. , Comm ' Mr. Murray moved seconded by Mr. Williams to approve the Room Tax Allocation 12/12/73 Committee report, including approval of $20,000 allocation to the Oregon Inter- ~Approve national Sculpture Symposium, and denying proposed allocations to Serenity Lane and to the ASUO Child Care Center. Mrs. Lauris called attention to the Committee's delay of recommendation on the : Child Care request. With regard to Serenity Lane, she said that organization is about to become self-supporting: She hoped the Council could find some way to fund the group if it is considered illegal under the room tax ordinance in view of its rehabilitation and retraining programs. Mayor Anderson thought those types , of requests should be directed to the social service areas. Assistant Manager ! said the attorney for Serenity Lane had been informed that applications for I social service funds for the next fiscal year would be accepted this week. I I / Vote was taken on the motion as stated. Motion carried unanimously. I' . 'f F. Planning Commission Appointment - Councilman William,s ~uggested a subcommit~ee of four Council members authorized by three-fourths maJor~ty vote of the Counc~l to screen the 24 applications received and submit a list of not more than ten names to the entire Council. --- --.----- - --. --.-.._. -- '--- -~.. ---,..- _.0- __ .... .,. -~. _.~_._- . , .. .. -- 3<c.~ 12/17/73 - 4 Councilman McDonald felt the Council 'was obligated to interview each of the applicants in view of the voluntary service they were offering. He thought too a subcommittee .~ would be "on the spot" in the elimination process. Councilman Wood suggested review of all applications by individual Council members, listing choice of names in order of preference, then interviewing the top ones on that list. Mr. Murray favored that process. Councilwoman Beal thought the Council should be in unanimous agreement on the process chosen. She suggested an executive session in which all applications would be reviewed and a decision made then on the screening process. Then another session ) could be called at which not more than ten would be interviewed by the entire Council. She suggested too rather than going through the process again in another six months - or whenever the announced resignation of Planning Commissioner Hoffman takes effect - selection of another ,person to attend meetings, learn procedure, etc.,: l and be ready to serve when the vacancy occurs. , , Councilwoman Campbell suggested a five-minute interview with each applicant to give Council members an opportunity to meet them, possibly making an executive session unnecessary. Further discussion followed in clarification of the process suggested by Mrs. Beal with the understanding there possibly would be three names chosen _ I , (1) to fill the vacancy created by Betty Niven's desire not to be reappointed; (2) to fill the vacancy when it occurs created by resignation of David Hoffman; and (3) .. appointment or reappointment to the position now held by James Pearson who has ex- pressed his willingness to be reappointed upon expiration of his term at the end of this year. I , , : Mrs. Beal moved seconded by Mr. Murray that copies of the 24 applications be dis- ! : tributed to Council members immediately and meeting dates set for two executive i i sessions at which applications will be screened to no more than ten and interviews., ,'Comm i of those ten conducted. _'}2/:12/73 , Approve : Councilman Murray referred to letter received from a group of neighborhood organiza- tions requesting that they be allowed to formally participate in the selection of Planning Commission.members. Mr. Murray recognized the value of input from neighbor- hood organizations but couldn't see how it could be worked into the process in view ,of interest of various other community groups - 'realtors, businessmen, etc. ' . , ;George McGuinness, chairman of the Laurel Hill Valley Citizens Association, said the 'intent of the letter (signed by chairmen of six neighborhood organizations) was to ico-ordinate efforts of the neighborhood groups in seeking involvement in the planning ~l?_rocess. Although the Planning Commission has been increasingly, helpful, he said, ... - .~.- '. . "--'~' ",---~'....- -~.,------.~--_._-- -.- '-,.-.- .,. .. _r' ....___..__.__._. the effort so far has been piecemeal and on an individual group basis. He did not ':~ want to create the impression that a power block was developing to act in a contrary '--- way to planning efforts. He did want to recommend that the City co-ordinate effort and work with a federation of neighborhood organizations to make a less fragmentary relationship in setting policy and making decisions affecting the neighborhoods. Councilwoman Beal explained that under State law the Council itself is charged with , , appointment of Planning Commission members. Recommendations from neighborhood ,groups at this point, though desirable, she said, would delay the process,and ,selection must be made before the first meeting of the Commission in January. : Manager suggested that it would be in order for any neighborhood group to submit : comments to the Council about any of the candidates. , Vote was taken on the motion as sta ted. Motion carried unanimously. : It was agreed the first executive session would be held Thursday, December 13, : 7:30 p.m.; the second on Tuesday, December 18, 7:30 p.m. - both at City Hall. Councilman Murray asked if a map could be prepared showing location of residences of present Planning Commission members as well as of applicants. Manager said it could although he wondered whether geographical distribution of members on the Planning Commission was important. . Ed Kenyon, Register-Guard reporter, wondered if reporters should negotiate with \ Council President Beal with regard to what was to be reported f~om the executive I I sessions. Mrs. Beal anticipated no problems, feeling anything of a personal nature \ : stemming from the screening or interview process would be appropriately treated. I , , G~Goodpasture Island Zone Change Moratorium - Council was informed through 'distribution I of committee agenda of ' letter received from Jack A. Gardner, attorney representing owners of property north of Valley River and west of Goodpasture Island Road (Hosey) , requesting that application for rezoning that property be re~ved fr~m the table 3..., 0 12/17/73 - 5 and processed. Since last consideration of a resolution-calling 'for'a moratorium --.- - -, on zone changes in the Goodpasture Island area, some interest was expressed in de- velopment of criteria, rather than an outright moratorium, on which zone changes might or might not be considered since the requested study could take 18 months to ,~ complete. Staff discussion of legal problems involved in writing criteria and sustain- ing a moratorium led to the conclusion that if the proposed study took less time, perhaps six months, a moratorium would be more acceptable to applicants and more de- fensible legally. Manager suggested use of a consulting firm would complete the study in less time besides giving the kind of expertise necessary - economic develop- ment, marketing, etc. - which is not available on the present City staff. He asked :Council to consider a six-month moratorium on zone change applications in the Good- pasture Island area and to authorize negotiations with a consulting firm and funds for the desired study. He added that if Council agreed to this procedure a resolution on the moratorium and criteria for zone changes in the area would be prepared for adoption. ; Mr. Williams moved seconded by Mr. Wood to adopt a six-month moratorium on zone change 'applications in the Goodpasture Island area and to authorize funds for study of com- Corom mercial needs in the area by a consulting firm. 12/12/73 Apprpve In answer to Councilman Murray, Mayor Anderson clarified the intent of the motion - a study of the area would take six months during which time no zoning decisions for that area would be made. !Councilman McDonald asked whether funds were available for the study. Planning ,Director said some funds not committed in the planning budget could be used. Manager ~'~ " :added that the matter would come back to the Council before any commitment is made on '" =.. , the amount. ~Vote was taken on the motion as stated. Motion carried,unanimousJy. Tom Chambliss, 4040 Country Club Road, wanted to be assured of citizen participation in re- finement of the 1990 Plan with respect to "opportunity areas" to ensure in1:egrity of the Plan. He thought it necessary to decide now whether to expand parking areas to accommodate auto- mobiles or stress use of mass transit, saying further development would make any study under- taken useless. He urged enforcement of the moratorium and suggested the Urban Area Natural Resources Advisory Committee address itself to the problems of expanded parking and use of mass transit (Item 7 in the original resolution) and report its findings within six months. This, he felt, would give the necessary citizen participation and input into any study made. Annabel Kitzhaber, president of the League of Women Voters, read a prepared statement support- ing the proposed six-month moratorium on zone chan~es in the Goodbasture Island area and employment of a consultant to make the desired stu y. The League elieves redefinition of portions of the Plan is necessary because of differing interpretations. Also, that the, propose~stud~.WOUld ~rovide guidelines to bring a balance between developers, planners, and pollcy ma lng bodles. The League questioned the responsibility for annexation agree- ments and the policy of carrying County zoning over to the City upon annexation. ~-- John McCulley, realtor, 2895 Oak Street, felt there should be no change in the 1990 Plan .~ by the councils or commissioners without participation by the citizens who initiated it. The land lying along Goodpasture Island Road, he said, was proposed for commercial use In the Plan and should be used for that purpose. Mary Milhaupt, 1500 Norkenzie Road, wanted further study of the Plan because of differing interpretations of its provisions. Jack Gardner, attorney, representing owners of property within the study area (Sylvanus Smith, Clarence Brown, Clem Howell) noted that in previous rezoning requests made to accommodate auto dealers the argument was presented that the area under discussion was the most appro- priate place. He said that permitting commercial use in that area would maintain integrity of the Plan for those people using it for guideline. Definitions of the Plan were recited with respect to proposed uses designated for the Goodpasture Road area. Mr. Gardner noted that changes to the General Plan were contemplated when it was adopted, but they were to be made through citizen' input following guidelines of the Plan itself rather than through a private study. And a private study would take much longer than the estimated six months, he said, causing developers to lose the 1974 construction season. Slides were shown and plats presented to illustrate there are no other available large areas which would accommo- date large scale regional commercial use. Mr. Gardner said his clients would like to have the former request (Hosey's) removed from the table to enable start of a planned unit de- -. velopment north of Valley River. Mayor Anderson asked that comments be confined to total '.;. development of the area when Mr. Gardner described the type of development planned by Mr. Hosey. Mr. Gardner continued with the request to stay the moratorium so that Eugene Dodge could locate in the subject area; their lease in the downtown area will expire in June 1974. The moratorium, he said, would not prevent development of the Goodpasture area in a residential pattern which would be irreversible. He urged the Council to give some indication that uses such as the Dodge dealership would be able to locate in an area meant for that use. ~,\ 12/17/73 - 6 James Hosey, architect, noted the length of time his rezoning request had been before the Council and wondered how much longer before action would be taken. He felt action -- authorizing the proposed study by a private consultant would be unilateral action by this Council inasmuch the General Plan was adopted also by other governmental agencies. He called attention to his inventory of lands zoned for commercial uses and challenged the Council to show other areas suitable.for regional commercial uses. He said his client has offered to donate to the public considerable acreage for recreational use, and would pro- vide adequate access to the River. He cited statistics to answer concerns with regard to use of the auto versus public transportation and said commercial use in this area would provide a service, to those needing regional services - people driving from outlying areas without public transportation facilities. ' He concluded by saying that he felt it unjust and unfair to declare a moratorium to provide time for a study in view of the many studies on hand. William Loy, 2683 Elinor Street, commented that the General Plan was drafted under condi- ..tions different than those now existing - when there was plenty of gasoline and a car for everyone. He said extreme care should be exercised, through the moratorium and a good marketing study, to determine the best use for the area. Robert Moulton, attorney representing owners of 42 acres within the study area on which annexation request is pending, called the moratorium poor public policy in view of the comprehensive plan's designation of the Goodpasture area for commercial use and since that Plan was adopted only two years ago. He said the public should havetthe,right to .- depend upon guidelines adopted, and not have plans and development delayed when they do follow guidelines. He wondered how a study initially contemplated to take 18 months could be completed in six months. And hequestion~d whether refinement of the General Plan would follow completion of the study thus extending stay on development in the Goodpasture area for nearly a year. He noted the'possibility of losing the commitment for proposed development because of the delay, meaning not only a loss to the property owners but also to the community. As an alternative, Mr. Moulton suggested the Council consider criteria in the Fasano decision and decide zone changes upon proof of public need. He also suggested amendment to the ordinance, if it is decided to adopt it, to delete the moratorium on annexation; that would allow the Boundary Board consideration at least during the moratorium on zone changes. Or, he suggested, limit the effect of the ordinance to only those applications received after the date of its passage. Mr. Moulton recognized requirements of the community as a whole, at the same time, he said, more delay would lose commitments for further development. He urged action to permit annexa- tion now with zoning to be determined later under Fasano requirements for public need. Ellis Jones, 1030 Coburg Road, wondered why consideration was being given to'change in the 1990 Plan now and who sponsored the proposed study. Manager explained that discussion at this meeting was the result of rezoning and/or annexation application in the Goodpasture Island area and the feeling that the 1990 Plan ~ was not sufficiently definitive r~garding opportunity areas and uses to which they could -- be put to give the Council guidelines it felt it needed in making decisions. The decision to table the Hosey rezoning request reflected that thinking. Staff submitted a suggested resolution which would have declared a moratorium on any rezoning or annexation in the Goodpasture area until needs for that land could be analyzed and to ,define commercial uses suitable for that area as well as for other commercially zoned areas in the community. Council was unwilling to adopt that moratorium because it was felt there should be some effort to define its effect. Therefore, City Attorney was requested to narrow down the effect of the moratorium and perhaps set criteria for those things which should be considered. In view of the estimated 18-month period deemed necessary for the planning study, Attorney felt adoption of a moratorium for that length of time could be challenged and perhaps found unreasonable. The alternative was to go to a private consultant with expertise in economic analyses for answers to the Council's concerns with possible completion of a study within a six-month period. Attorney felt a six-month moratorium with a specific set of goals to be achieved in that time could be given legal support in event of a court challenge. The proposal, therefore, is not to use the six-month period to change the 1990 Plan, but only to develop better general economic information which would allow .Council to determine whether a Plan refinement is needed, or give better guidelines as ,to what is or is not clearly regional in terms of land use. It is not known whether anything will develop from the study to suggest amendment to the 1990 Plan as it affects the Goodpasture Island area. The original resolution was reworked into ordinance form because the action would involve =-.; certain Code items which would be suspended for a period of time. Mayor Anderson in response to some of the concerns expressed at this meeting said'there I would be full public hearing and public participation in any study before it was accepted by the Council. It was not the intent of the present proposal to change the 1990 Plan, it was primarily a refinement process. He added that the Plan in designating commercial uses for the Goodpasture area didn't rule out other opportunities. Many factors other than whether commercial is the best use would be taken into consideration - transportation, relation to areawide responsibilities, etc. Mayor Anderson felt important commitments 3; 2.- 12/17/73 - 7 . -- would not be lost because of the delay, citing the growth of the Eugene area and suffi- cient capital for future growth if there is a market. Decisions of long-range consequence for the entire area are being made, he said, so a delay of six months to a year would not seem too long to ensure development of a proper plan. He noted the prohibition on acceptance 'y=_ of rezoning applications by the Planning Commission,tand said that does not prohibit the "",,' Council from directirig the Commission to accept such a request. Zoning decisions have been made in the past while studies were being conducted so it would not be entirely out of the question, considering also the possibility of information gathered in the study benefiting any zoning consideration. Councilman Murray supported the ordinance in its existing form. He thought the Council should realize that the 1990 Plan set population criteria for support of regional shopping centers. He noted three regional shopping centers in the community now and several others which by use, if not by definition, could be deemed more than neighborhood shopping centers. He cited statistics that would seem to indicate a substantial amount of property that lends itself to commercial use, making it difficult to control what was intended through the General Plan. Councilman McDonald noted the City's commitment to revitalizing the downtown core area. Also, the small amount of land available for development of regional type commercial servic~s, and the designated commercial use in the 1990 Plan for the Goodpasture Island area. He asked whether the proposed study would apply only to the Goodpasture area and wondered about its cost. He opposed a moratorium on development. Manager said the purpose of this ordinance was to focus upon the Goodpasture area but it would be necessary to develop data on what is available for com~ercial developm:nt and/or la:ge land use types o~ developme~t and ~~ where they could go ln other places ln the communlty. He added that lmplementatlon of the ~ 1990 Plan was to be accomplished through specific zoning and land use plans, and it was recognized that refinement of the Plan would come either through amendments from total metropolitan efforts or through zoning ordinances adopted by either Eugene or Springfield, and that it would probably be a perpetual process. Manager said funds for the refinement study which will probably get underway after the first of the year had been authorized by the Council. By way of explanation, Manager noted a map attached to the ordinance indicat- ing the area to which the moratorium would be applied - between the Delta Highway and the Willamette River, south of Belt Line Road and north of a line running north of the Moran property and Valley River owned property (Ernst Hardware) and south of Dunham Olds property. He added that the Moran, Hult, Valley River (Montgomery Ward) properties, plus the Valley River Inn, were scheduled for immediate annexation. Councilman Keller said any assumption of change in the 1990 Plan was not pertinent at this time. The concern is about problems which have become apparent since the Valley River development, basically traffic and air pollution. He felt information was needed to de- termine whether further commercial development in that area should be allowed. - ,_.... '.__.. _. - 'U. _ '...~._.~ . _ ____ _~~___~ __ _ _.'__.____ __ _____ _ . __ ___ __ _._ _.__._ _,__ __._ _. ._. "" H.Motor Vehicle Wrecker's License ~ Endorsement requested by Gunderson White Trucks,Inc., 2200 West 6th Avenue, and release prior to the December 17 Council meeting. C --"., Omm ~ 12/12/73 ~~ :Mr. Williams moved seconded by Mr. Wood to recommend approval of the license. A . . . . pprove :Mot~on carr~ed unan~mous1y. IlPetition for paving Happy Lane from Goodpasture Island Road to 450 feet south, land paving streets within Delta View Subdivision - Signed by 63.7% of owners of : property to be assessed. Comm 12/i2/73 : Mr. Williams moved seconded by Mr. Wood to approve the petition. Motion carried Approve unanimously. J~Appea1, Sign Code Board of Appeals denial of variance for Holiday Inn, 225 Coburg Road. Mr. Williams moved seconded by Mr. Wood to set the appeal for public hearing Comm ! at the January 28, 1.974 Council meeting. Motion carried unanimously. 1,2/12/73. Approve K.EWEB Land Transactions :.l;;;Dedication of portion of Rose Blossom Drive to city of Springfield :2,./' Sale to Springfield utili ty Board of ,10 feet of right-of-way from access road Comm to Thurston Substation 121,12/73 , Approve Mr. Williams moved seconded by Mr. Wood to approve the dedication and sale as re- :_qu.~_:~_ed. _Motion carri,ed unanimouslY.u,.. ,'_. '.__ ,_ O' )~ L!Park Policies Recommendations ;1-. Amending Code to permit beer and wine drinking in park picnic areas and in bui1d-. , / ings reserved by organizations for group activities provided the proper licensing procedure is followed with OLCC. Councilman Hershner had reservations about allowing beer and wine in the park picnic areas., Councilman Keller agreed and asked whether it would be a question of "bring your own." Manager said that at the present time people picnicking in park areas cannot have beer with their food. / -1 !..,1. 12/17/73 - 8 Mrs. Beal moved seconded by Mr. Williams to approve the recommended code Comm amendment. Motion carried, all present voting aye, except Mr. Hershner 12/12/73 boting no. Approve tlc, @ouncilman McDonald opposed the amendment, saying he did not like the idea of opening parks areas to beer and wine drinking. Manager explained that there was neither the manpower nor public support to enforce the ban on alcoholic beverages in parks. It was almost impossible to prevent families from taking beer or wine to drink with their picnic lunches. Parks Department was trying to develop a policy which would give neces- sary control. That portion of the policy dealing with organizations provides that organizations making arrangements for use of park buildings must have their one-day license from OLCC. Mrs. Beal moved seconded by Mr. Williams to approve the amendment. Motion carried, all councilmen present voting aye, except Mr. McDonald voting no. 2.;Closing Hours, Lc1urelwood Recreational Building - 1-10:30 p.m. - Sunday through Thursday 11 :00 p.m. - Friday and Saturday : The recommended closing hours resulted from a meeting with neighbors in the area. ; Beal moved seconded by Mr. Williams to approve the recommended hours. Motion Mrs. : carried unanimously. ....-.., . _.~ .-..--,--. .-..... ~'.."- . ..,.._ ._..._.._.~__....~__..-:----_..._....---___.-----l L....,...-_......_....., .,,'.... '--.-.-. ----.-.-..---- .. M. : Appointment, ~uman Rights Commission - Mayor Anderson announced the appointment : of ~ack Shadw~ck as a member of the Human Rights Commission, replacing Ron Couser" Comm 1~~:~:.ned, for the balance of the term ending January 1, 1975. 11/28~73 -.. , .... ..'..""....,--.....-, ,.,.' .,........'. "'" .. ...... "---,,'" ''',.. ,. '" , ".....~' ..,-'" ,- Aff~rm N. Community Goals Update Committee - Mayor Anderson announced that Betty Niven Comm : Planning Commission member, would chair the committee appointed to update th~ 12/12/73 Comillunity Goals. Affirm _.-.-_..'-- .. o. Historical Preservation Seminar - Councilman,Murray called attention to a public seminar to be held in the Council Chamber, Thursday, November 29, 1973, at which Comm interested people in the community will have an opportunity to express their 11/28/73 views on steps to be taken for the preservation of historical buildings, land- File :marks, etc. P'. : Council Time Spent on Public Hearings - Councilwoman Beal wondered whether the 'Council in listening to lengthy testimony in public hearing was giving less than ,necessary time to consideration of regular, noncon,tentious business of the Council. : Councilmen Murray and Williams Shared that concern and suggested placing a time I r limit on discussion of any issue. Councilman Hershner asked about the possibility r r , I ....;- of using the hearings official on some of the hearings now held before the Council.: Manager said the City Attorney's office had been asked to review new State law , : with regard to reducing time spent on public hearings and possible use of hear- I '! ings officer. He added that there would be a public relations problem should too severe restrictions be adopted. Also, strict limitations on the hearing iprocess would tend to add to the amount of paper information for Council reading. I 'He suggested the possibility of limiting appeals from decisions which otherwise : have final action at the Planning Commission level to appeals on the record rather: i than rehearing. I r , ! : Mayor Anderson asked whether there was any restriction on the amount of discussion; ; under the Fasano ruling. Stan Long, assistant city attorney, answered that the case itself does not provide guidelines. However, the format in any quasi- judicial proceeding suggests that the body hearing testimony has the right to , set reasonable guidelines. In complicated matters, a court might rule that it I is necessary to allow more time than the usual half-hour to deal with a question. So it would seem the Council could establish the same kinds of guidelines the courts use. :In answer to Mayor Anderson, Manager said staff would move as quickly as possible ~~" ; to determine whether hearings official could hear SOme of the issues now going : to the Council. , \ lCouncilman Keller wondered whether a sig~-in procedure could be used, allocating \ " I a certain amount of time to those indicating they wished to speak. Manq.ger said experience with that method has shown that everyone signing feels it necessary to speak, thereby creating duplication of testimony. Councilman Wood was opposed to that procedure because he, ,felt it would inhibit many from public involvement. ,He felt formal ,limitation would have the same effect and suggested instead cur- tailment of Council deliberations. .---'- '314 12/17/73 - 9 ___ _. _. _ _ __.__..__L__-__ ..--_-.---~- r \ - --.+ -.--- - - -,.-" -~ I \ Councilman Hershner noted that the proposed ordinance covering procedures under the Fasano ruling did away with public hearing at joint meetings of the Planning .,- Commission and Council when there was a difference in the decisions of the two 'bodies on an issue. He understood there was some Planning Commission resistance ,. . ,to that procedure.' However, he wondered whether in other instances where ordinances',: ; indicated joint meetings had to be public hearings the requirement for public hear- . : ing at ,that point might be done away with. He hoped staff would look into those .! : kinds of problems and review information with the Council with the idea of avoiding ,hearing the same testimony more than once. Mayor Anderson shared Mr. Hershner's \ : view and added that discussion should be confined to the Planning Commission and ; Council record only. Councilwoman Beal recognized the possibility of hearing ; evidence twice but thought there should not be a lockout of testimony presented to the Council which had not been presented to the Planning Commission. " i Councilwoman Campbell favored immediate staff exploration of possibili ty of usi~g., : hearings official in more issues now going to the Council. She didn't feel Comm telected officials were suited to sit in a quasi~judicial position. Councilman 1.1/28/73 ~l1urray for clarification asked wi th regard to use of hearings official whether ! File ~the only way an issue would then go to the Council would be if an error were : found in findings of the official. Manager answered that it might, but an issue I \ . Imight also go ,to the Council to decide whether to hear an appeal. "'-~ . _. LA ~- ...---"-. .....~ -+ , '- .----.---. ~. .- "- - _ _' _ ..- L ,4 -.-~.- kr_" Q. Charter Amendments - Freeways, Alley Assessments - Councilrrian Hershner asked the =- status of the Charter amendment on freeways under discussion about a year ago :at which time he understood City Attorney was to negotiate with proponents to clear, IUP problems. Public Works Director answered that a new planning division has been 'formed in the Public Works Department and compliance with the amendment as written lis intended at this time. Until environmental impact statements are ready there !is nothing more can be done. Mr. Hershner's understanding was that the amendment :was to be reviewed from a broader standpoint to make it more workable. He wondered lif a report could be brought to the Council in that regard. It was understood it ,would be prepared. I . Mayor Anderson suggested start of discussion now on any suggestions or ideas for , Comm : possible major legislation needing voter attention in view of primary and general Ll/28/73 I ,elections to be held in 1974, thereby avoiding holding special elections. File Councilwoman Beal mentioned change in alley assessment procedure. Manager said : that based on the last draft of the proposed amendment from the Attorney's office ,it would be appropriate now for the subcommittee to meet. The meeting was scheduled. l for noon, December 10. - \ .. ... R.'State Law re: Water and Sewer SysttW-Creations and ExE'ensTons - councii -was previ'busly -, furnished wi th copies of memo discussing recent changes in State law with regard to --..... creation and extension of water and sewer systems which come under the authority of I the Boundary Commission if outside city limits. Gary Chenkin, assistant planning 'director, has been appointed as the City's representative on a joint committee made : up of representatives frc:m Eugene and Springfield, Lane County, LeOG, and EWEB. . iThis committee will provide a unified policy on water and sewer extensions, thereby : giving the Boundary Commission staff ~ measure upon which to base recommendations. , The comrndttee will also at~empt to state fairly specific urban service boundaries to enablest.a.f:f evaluation of extension requests insofar as they would be affected by"'-;" ;......... the urban service boundary designated in the 1990 Plan. Councilman Murray said it came to his attention that the Boundary Commission in July 1972 established a policy statement that they would not approve expansion of any city in Lane County until furnished with a plan certifying an urban boundary : for annexation priorities. Submission of the plan was requested by January 1973. He asked whether such a plan had been forwarded by the city of Eugene and what it was. Manager replied that no plan was forwarded. The Boundary Commission staff recognized that what they were asking was unrealistic in terms of refinement of the 1990 Plan. Until refinement planning was developed and boundary locations specifically determined, as now in progress in the south part of the City, there appears no way to decide the sphere of influence. The memo distributed served as a catalyst to start the planning process, and in the meantime the Boundary Commission is considering annexations on, ~~ individual bases. :,) Planning Director said there are criteria used in recommending annexations based On the boundary concept in the 1990 Plan and on full/range of urban services. However, it is felt knowledge gained in determining boundaries in the South Hills area will Comm [be useful in determining how to approach other areas. There has been no policy 11/28/73 ;statement as to sphere of influence, he continued, and although there was discussion~ File at one time of definite city boundaries" ~thing developed. Discussion on the" '..,.', ' Iregional sewer issue, he said, will have some impact on how urban development will :occur in fringe areas. ~'S 12/17/73 - 10 S. ,Resolution re: Sexual Orientation - Councilwoman Beal presented a resolution ,- requesting the Human Rights Commission to continue its investigation of dis- crimination against persons because of their sexual orientation. A report back' -- to the Council was requested in a period of time not to exceed one year. ,Mrs. Beal moved seconded by Mrs. Campbell to adopt the resolution. i iCouncilwoman Campbell reported that responses she received with regard to her ivote on the issue urged this procedure in hope the community would be educated ton the subject and that it might come back to the Council in another year's time. Mrs. Beal added that the resolution did not suggest the Commission arrive at any specific conclusion, leaving it to the Commission to make recommendations. ; Mayor Anderson favored delay until there is opportunity to discuss the resolution with some members of the Commission. While he found it difficult to fault the direction of the resolution, he said, he felt it would be better to have direction on a wider governmental basis - from State and Federal legislation - rather than 'letting this matter continue to be an issue in this community. He said he would frather see the Council ask the Commission to take another look at the problem I 'rather than specifying action they should take. iMrs. Beal suggested then that the resolution be referred to the Commission, asking i for its reaction. Mr. Anderson ,said the Council had already acted on the issue I i 'presented by the Commission and he felt any further action to be taken should " I ~~ generate from the Commission itself. He thought adoption of ,the resolution would : amount to dictating to the Commission what they should do without some basis which . ;they may have for conducting programs, not only in this area of discrimination ;but others which in some respects need just as much attention. 'i:~."--- . ~ - ",..--.,. _._-, -.----.-..~-.--,----~- -,- ~ ...-.. - --- -"- ~ -.--'--- --'-" -e",~_.._._ _ 0 _. "'_.___~_____ ",_._ _, _u_. "._ ,_ ___,_-------c'~;cc .. """ !Councilman Murray said he would favor modification of the motion to make it clear ithat information on the subject would be useful to the Council but not something !the Council was insisting upon having. He thought discrimination because of sexual orientation would be a continuing issue in the community. I Mayor Anderson suggested holding the resolution for later discussion, thereby I :giving an opportunity to give it some study. Mrs. Beal withdrew the motion to 'a~opt the resolution with the suggestion that it be placed on the December 19 I ,committee agenda, and asked for consent of the second. : 1 'Councilwoman Campbell wondered how discrimination cases in this area would be ; ,hanqled, and what groups would be conducting education programs in the community. The Mayor answered that the Commission would continue with investigations of 'discriminat~on complaints.but would not have the power to act as would have been the case had the recently proposed amendment been enacted. He felt any educational Jprogram in the community would be the responsibility of the people (Gay People's -4' 'Alliance) proposing the nondiscrimination amendment. I \councilman Williams said it would seem appropriate to refer the resolution to , i ; the Human Rights Commission for recomm~ndation on whether it should be adopted, I 'modified, etc. Mr. Wood was not opposed to considering the resolution but pre~ I I \ ,ferred to have recommendation, possibly through a joint meeting of the Council I !and Commission. Councilman McDonald stated his opposition to the resolution, I noting the issue previously came from the Commission on a 6/5 vote. I Comm I 1~/12/73 Upon request from Councilwoman Beal, Mrs. Campbell gave consent ,of the second, : File and the motion was withdrawn. , i T. Charter Amendment re: Alley Assessment Procedure - Council was furnished with copies of proposed Charter amendment deleting the absolute requirement that alley :assessments be considered on a front footage basis. Also with copies of an ;,ordinance prescribing a different method for calculation of alley assessment, Corom htaking into consideration frontage, area, ,and zone of abutting property. It was 12/12/73 H'!llQe:r:!?t9E<i. .tl1eJJrC!posed amendment would be discussed at a future committee meeting..J File -,~..... --______.n_ -~.-.---.-.-..._, h_'__. ,. ''''_ .___ ...' ~ '_'_; _...._._ T.,._ _,_-.----_... __,.______.._ ,.,,___..._._.~,_,,~ _ ''--'1_ Councilwoman Beal noted distribution of proposed resolution which would submit a Charter amendment to the voters but said it was not listed as an item on the Decem- ber 19 committee agenda. She wondered when it would be discussed. It was understood ~/ the matter would be scheduled on the January 2, 1974 committee agenda. - U'fStreet Tree Ordinance - Councilman Murray said he hoped police would watch for \ ~the type of operation where elderly people are. persuaded to cut down trees for \ Corom I'a price on the pretense the trees are dangerous. He expressed interest in \ ~enacting'a street tree ordinance and said he would like to have something con- \ 12/12/73 :~crete for the Council to discuss. ' \ File ~-~ \ ---- . .- ....- '!t1 Co '- "ijj]7/73 - 11 - v. ..-. . -~.' -_...- -..... .~.- .. ---- '-'- .. ,_____ __ r- ,-' NLC Congress of Cities, San Juan - Councilmen McDonald and Campbell commented on their attendance at the recent cities meeting in San Juan, Puerto Rico. ,e 'Mrs. Campbell was particularly impressed with the workshop format involving council Comm people from various cities across the Nation. She came away with the feeling, she Ilf{l~ said, that Eugene seems to have more direction than most cities because of com- 12, ,munity goals set and policies adopted. She felt too that budgetary problems were better handled here and said the "6% limitation" in Oregon seemed to be unique~ '( ',. ," , , ~ W. 'i3uCIget"'Commlttee Appointments - CounCil was informed ;'i.th distribution of committee ' ~ agenda of three vacancies occurring on the budget committee for which nominations from Council members in the respective wards wece ~~uested. They are: -oComm ~.'. . __.__.. .h._ _ . __ .'_'_ _.. . ....._ Ward 1 - Bryan Hodges, nomina ted by Mr. Keller ,12/12/73 Ward 2 - Lee Penny, nominated by Mrs. Beal File Ward 3 - Bruce McCracken, nominated by Mr. Murray X. ,Assessment Hearing Panel - January through March - Councilmen Beal and williams , April through June - Councilmen Campbell and Murray Comm I :12/12/73 ,councilwoman Beal said she would not be able to serve some of the time during the:; File ,January-March period. : I J ;Council Information Y. " 1..; Lane Mass Transit District has given conditional approval to the proposed transit , ~/I~ terminal between 7th and 8th, willamette and Olive re ~ ' ! I -........, . , 2. State Speed Control Board Act~ons I 5th Avenue, McKinley to Seneca Road - 40 mph , , a. I 'b.' Cal Young Road, Coburg to west City limits - 40 mph except 20 mph both sides of Queens Way when school children are present i J:.' Bethel School District has requested delaying addi tiona1 mobile homes parks in I '" the district until Bethel land use study is completed. Study is scheduled to start in January 1974. 4~;A1ton,~aker Park land use and conceptual master plan was discussed by Planning Commission at its noon meeting on December 10. Council was advised by committee agenda of public hearing before Lane County Commissioners on December 12, 9:00 a.m., ',' Councilwoman Campbell said the hearing was over in seven minutes with both the master plan and park use plan adopted, no objections having been presented. C6mm She said that the most controversial part of the plan wduld probably be the i provision for a golf course. :12/1?{73 I " I File , 5. Discussion of procedures under the Fasano decision will be continued at the I ",' . , December 19 committee-of-the-whole meeting. In answer to Councilman Keller, -.. I Manager said question of regional sewer contract would also be discussed at / i that meeting. ( , ,- z. South Hills Study - Councilwoman Campbell wondered whether a committee meeting wo~ld : be scheduled for December 26. She reported the Planning Department was ready to (comm , make the requested report on the South Hills area. A poll of Council members 12/12/73 ,indicate a quorum on that date was unlikely. i File AA.: Realignment ,of Ward Boundaries - It was understood that there would be no meetings I Comm ~of the comm~ttee on ward boundary realignment until after the first of the year. 12/12/73 . . File Mrs. Beal moved seconded by Mr. Williams to approve, affirm, and file as noted Items A through M. Rol'i:call .v6ie~ All councilmen present voting aye, motion carried. Planning Commission Report - November 6, 1973 ".. ,~ Recommended sign district boundary change south of Judkins Road, east of Inter- , state 5, from Residential and Public to Industrial (Wil1amette Beverage Co.) /' , Reco~ended adoption of Code amendment (Section 9.724) allowing conditional use Comm ~-. perm~ts for Controlled Income and Rent Housing for locally and state subsidized ~2/12/73 projects in addition to present Code allowance for federally subsidized projects~lib Hrng ! It was understood public hearing on the two recommendations would be set for Council meeting on December 17, 1973. I ,~. '!1' 12/17/73 - 12 ~ IV - Ordinances Council Bill No. 417 - Authorizing consultant for refinement study of 1990 Plan re: " Commercial Development, study to be returned by July 1, 1974, and declaring a moratorium on zone changes in the Goodpasture Island area, was submitted and read by title and number only, there being no councilman present requesting that it, be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill numberonly,=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, except Mr. McDonald voting no, the bill was declared passed and numbered 16951. Council Bill No. 418 - Amending Section 4.680 of City Code re: Closing hours in City parks, was submitted and read 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 enac~ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. .' Mrs. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16952. Council Bill No. 419 - Amending Section 5.005 of City Code re: State Traffic Laws 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. In answer to Councilman Williams, Manager explained that the amendment would bring the City Code into line with changes in State traffic laws made in the 1974 legislative session. 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 16953. es:- Council Bill No. 420 - Amending Section 8.715 of City Code re: Levying business tax in Downtown Development District was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. In answer to Councilman Williams, Manager explained that City Attorney felt provisions re- cently adopted for collection of the tax for the downtown free parking program should include cri teria and ,due process for publ'ic hearings. This ordinanc,e would set up criteria for pro- cedure and penalties for failure to comply with the Code and allows for public hearings. There are no other changes in the previously adopted regulations. 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 vo~ing aye, the bill was declared passed and numbered 16954. Council Bill No. 421 - Paving Happy Lane from Goodpasture Island Road to 450 feet south, ~ and paving streets within Delta View Subdivision was submitted and read by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was ~ead 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 16955. ~...."'I' "31t;> ~ Council Bill No. 422 - Adopti~g plans and specifications for paving Happy Lane from Good- pasture Island Road to 450 feet south, and paving streets within Delta View Subdivision, was submitted and read by council bill number and title only, there being no councilman present ~'M' 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 16956. V - Resolutions Resolution No. 2239 - Authorizing dedication of portion of Rose Blossom Drive to city of Springfield (EWEB) was:submitted and read by number and title. Mrs. Beal moved seconded by Mr. Williams that the resolution be adopted. Rollcall vote. All councilmen present voting aye, motion carried. Resolution No. 2240 - Authorizing sale of 10 feet of right-of-way from access road to I Thurston Substation to Springfield Utility Board (EWEB) was submitted and read by number and title. -. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. r p Rollcall vote. Motion to,;.. _", ~ ~ carried unanimously, all councilmen present voting aye. Resolution No. 2241 - Calling hearing January 7, 1974 re: Withdrawing from Oakway Water District that area annexed to the City November 1, 1973 by Boundary Commission Final Order 206 (Willagillespie) was submitted and r~ad by number and title. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried unanimouSly, all councilmen present voting aye. Resolution No. 2242 - Initiating boundary change and transmitting request to Health Divi- sion, State Department of Human Resources, to determine if Skyline Loop area should be annexed to the City was submitted and read by title and number. In answer to Councilwoman Beal, Manager explained that the resolution would correct a faulty description of a previous area annexed for health hazard reasons. Public hearings were held on the previous action and the Boundary Commission recommended proceeding with the action under the health hazard law. Mrs. Beal moved seconded by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried "2jt unanimously, all councilmen present voting aye. ~. -~ z~. Resolution No. 2243 - Authorizing payment of bills, claims, and progress payments for period November 26 through December 17, 1973 was submitted and read by number and title. Mrs. Beal moved seconded by Mr. Williams that the resolution be ad0pted. Rollcall vote. Motion carried unanimously, all coupcilmen present voting aye. " Manager noted completion of modifications to the pUblic address system which would allow news media wishing to tape portions of Council meetings to block into the system at their tables. There is also provision for video tape equipment. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, January 7, 1974. /~ -2.~ -'3' '3