HomeMy WebLinkAbout01/28/1974 Meeting
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MINUTES
EUGENE CITY COUNCIL
COUNCIL CHAMBER
JANUARY 28, 1974
Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from the meet=
ing held January 7, 1974 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m.
on J~nuary 28, 1974 in the Council Cha~er with the following council members present: Messrs.
Will~ams, Hershner, McDonald, Mmes. Beal and Campbell, and Messrs. Keller, Murray, and Wood.
I - Public' Hearings,
A. Vacations
0015 1.Easement south of Spring Boulevard, east from South Ridge (Hirons)
Development of the property occurred in such a manner that this dedicated easement np;
longer needed. Recommended by the Planning Commission on October 23, 1973.
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0066
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Public hearing was held with no testimony presented.
Council Bill No. 430 - Vacating easement south of Spring Boulevard east from
South Ridge was read by council bill number and title only,
there being no councilman present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, the bill was declared
passed and numbered 16964.
2. Easement between West 24th and 24th Place between Madison and Jefferson (Ahre & Root)
The easement cut diagonally through a single-family lot and had no public purpose.
Planning Commission recommended on October 23, 1973.
Public hearing was held with no testimony presented.
Council Bill No. 431 - Vacating easement between West 24th and 24th Place between
Madison and Jefferson Streets was read by council bill number
and title only, there being no councilman present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner~that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered~
16965.
3.Portion of Satre Street at Parish Street (City)
Small wedge of property left when Satre Street was dedicated and improved. Pl~nning
Commission recommended on October 23, 1973.
Public hearing was held with no testimony presented.
Council Bill No. 432 - Vacating portion of Satre Street at Parish Street was read by
council,bill number and title only, there being no councilman
present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed
and number~d 16966.,
E. Rezoning
1. West of Belt Line and north of Royal Avenue, from AG to RA (Goodat)
Recommended by Planning Commission on December 4, 1973. Council viewed on tour.
Copies of Planning staff notes and minutes were previously distributed to Council members.
The property is a small wedge recommended for same zone as property lying to the north
to make that property usable for residential development.
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Public hearing was held with no testimony presented other than David Petersen, planning
consultant representing the applicant offering to answer questions.
Council Bill No. 433 - Rezoning area west of Belt Line Road north of Royal Avenue
to RA Suburban Residential was read by council bill number and
title only, there being no councilman present requesting that it be read in full.
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Mr. Williams moved seconded by Mr. Hershner that findings supporting the rezoning as set
forth in Planning Commission minutes of October 2, 1973 and December 4, 1973 and in appli-
cant's statement of December 4, 1~73, allan-file-in the-'--Cj.~t-yc-Rec_order's of:f.ice, beadqpted
by reference thereto; -~hat the-.~0iincil bill be read the seeond time by' eouncil bill number
only, with 'unanimous_conse~t 0f theC0uncil; and that ' enact:fnent be considered at this time-.
Motion carried unqnimousfy>and~the bill was read the second time' by councll'nill number only.
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Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed
and numbered 16967.
2. North of 1st Avenue between Madison and Monroe - From M-2,to R-2 and from R-2 to
RG-2.5-SR with sign district designation of Residential (Peck)
Recommended by the Planning Commission on December 11, 1973. Council viewed on tour.
Planning staff notes and minutes were previously distributed to Council members. The
proposed rezoning would provide additional off-street parking north and in back of the
present restaurant and change the existing industrial zone on property to the west to
one more compatible to current use of the property and those adjacent.
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Public hearing was held with no testimony presented other than Dean Owens, attorney
representing the applicant, offering to answer questions.
Council Bill No. 434 - Rezoning area north of 1st Avenue between Madison and Monroe
Streets to R-2 and RG-2.5-SR with sign district designation
of Residential was read by council bill number and title only, there being no council-
man present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner that findings supporting rezoning of the prop-
erty as set out in Planning Commission minutes of December 11, 1973 and on file in the
Recorder's office be adopted by reference thereto; that the cO,uncil bill be read the
second time by council bill number only, with unanimous consent of the Council; and ~hat
enactment be considered at this time.
Councilman Murray expressed concern about trees on the property. He thought an attempt
should be made to preserve some of them to provide a barrier between the parking lot and
residential properties. Manager noted the site review provision in the rezoning action.
He explained the petitioner would be required to use the conditional use procedure in de-
veloping the property which would give the hearings official the opportunity to set such
conditions as he would feel appropriate.
Vote was taken on the motion for adoption of findings and second reading as stated.
Motion carried unanimously, and the bill was read the second time by councilbill number
only.
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Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final
passage. Rollcall vote'. All councilmen present voting aye, the bill was declared passed
and numbered 16968.
C. Sign District Changes
1. South of 28th Avenue and east of Oak Street - From Residential to Integrated Neighbor-
hood (Wilson)
Recommended by the Planning Commission on December 4, 1973. Planning staff notes and
Commission minutes were previously distributed to Council members. The proposed sign
district was felt to be compatible with uses of the neighborhood to the west and north.
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Public hearing was held with no testimony presented.
Council Bill No. 435 - Change of sign district on area south of 28th Avenue east of
Oak Street to Integrated Neighborhood was read by council bill
number and title only, there being no councilman present requesting that it be read
in full.
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Mr. Hershner moved seconded by Mr. McDonald that findings supporting the sign district
change as set out in Planning staff notes and Commission minutes of December 4, 1973 and
on file in the City Recorder's office be adopted by reference thereto; 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 ?y counc~l bill number only._
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Mr. Hershner moved seconded by Mr. McDonald that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, except Mr. Williams ab-
staining, the bill was declared passed and numbered 16969.
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2. North of Oakmont Way and west of Coburg Road - From Residential to Integrated
Neighborhood Shopping (Rethwill)
Planning Commission recommended on December 4, 1973. Planning staff notes and minutes
were previously distributed to Council members. The proposed sign district is felt to
be compatible with uses of nearby properties.
Public hearing was opened.
Ted Heid, 915 Oak Street, representing Teamsters Locals 57 and 670, supported the
Commission recommendation for the sign district change.
Public hearing was closed.
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Council Bill No. 436 - Change of sign district on area north of Oakmont Way west
of Coburg Road to Integrated Neighborhood Shopping was read
by council bill number and title only, there being no councilman present request-
ing that it be read in full.
Mr. Hershner moved seconded by Mr. McDonald that findings supporting the sign district
change as set out in Planning staff notes and Commission minutes of December 4, 1973 and
on file in the City Recorder's office be adopted by reference thereto; 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 Humber-only.
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Mr. Hershner moved seconded by Mr. McDonald that the bill be approved and given final
passage. Rollcall vote. All councilmen present voting aye, except Mr. Williams ab-
staining, the bill was declared passed and numbered 16970.
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D. Recommendations on Alton Baker Park Concept Plan
Planning Commission on December 11, 1973 made the following recommendations and comments
with regard to concept plan for Alton Baker Park:
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1. Provision for a golf course should not be included at this time.
2. The proposed plan covers the entire Park area leaving no choices for future
generations on park land use.
3. The road leading into the Park from the east side of Autzen Stadium should be
designated a "park access road" with speeds limited accordingly.
4. Parking should be provided only in response to demonstrated need.
5. Requirements for parking should be reviewed periodically.
6. Public review should be provided prior to any proposed development east of 1-5.
7. Some form of mass transit facility within the Park should be encouraged.
Details of the recommendations were read, and. it was noted that the Lane County Commis-
sioners had received them from the Planning Commission. Manager said the Plan is for
concept only and does not make any commitment to any particular use or development at
this time. He added that the County Commissioners understand the concerns of the Plan-
ning Commission and are amenable so far as any future public hearings on portions of
the Plan which may be controversial.
Public hearing was held with no testimony presented.
Mr. Williams moved seconded by Mr. McDonald to transmit to the Lane County
Commissioners the-recommendations and comments of the Planning Commission,
asking serious consideration and effort to see that the concerns are dealt
with properly and equitably.
Councilman Murray expressed the feeling that limiting speed on the access road would not
prevent its becoming a thoroughfare. Manager replied that the Commission's hope was that
the road would be narrow and winding and not conducive to high speeds, although it would
not be unsafe.
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Councilman Hershner said he would vote against the recommendations if they were adopted
as a whole since he was definitely in favor of having a golf course "in the Park. He
said th.at it appeared from the Commission's recommendation for additional public input
prior to committing large segments of land to a golf course that they were opposed to
having one in this Park. Mr. Hershner commented on the lack of courses in the metro-
politan area and the need for diverse recreational activities close. to the core area
in view of the current gasoline shortage. He noted that a group of sincere and active
citizens were working toward inclusion of a golf course in. Alton Baker Park, and he
thought those saying it would not be used were wrong.
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Councilwoman Campbell complimented the Planning Commission for questioning the inclu-
sion of a golf course and said for that reason she was in favor of their recommenda-
tions. She didn't consider Alton Baker Park a large one, nor that a golf course was
the best use of the land. She suggested compilation of figures might show the numbers
of people who would actually use a golf course as compared to the numbers who would
use it as open space, picnics, etc. Councilman McDonald favored inclusion of a golf
course also. He commented on loss of Oakway Golf Course to housing development.
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Mayor Anderson remarked that the Plan at this time was conceptual and not one that
binds to any particular development. He thought it unfortunate if any position was
taken at this time favoring anyone facility over another. The development of the
Park is just commencing, he said, and hopfully would encompass a wide range of activi-
ties which would involve many in the community.
Councilman Keller said he would yote against the recommendations for the same reasons
stated by Mr. Hershner. He felt Alton Baker Park would be an ideal location for a
public golf course in view of the type of development surrounding it.
Vote was taken on the motion as stated.
Beal, Campbell, Murray, and Wood voting
and Keller voting no.
Motion carried, Councilmen Williams,
aye; Councilmen Hershn~r, McDonald,
0497
E. Amending City Code re: Prohibited Weapons
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Ordinance re: p~~hibited"WeapO~s ~. Coples were previously distributed to Council
members of proposed ordinance which would answer concerns with regard to practice
among certain groups in the community of carrying weapons as an obvious standard
of dress - primarily knives, daggers, razors, etc. Captain Larion of the police
department explained that the. existing ordinance was obsolete; it did not clearly
define the type of weapons the department was trying to control and some of the
weapons it did cover were no longer manufactured. He 'said the proposed ordinance
clearly set out the weapons which could not be carried and under what conditions
exceptions would be made.
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Councilman Williams asked whether the ordinance would in any way infringe upon the
constituional right to bear arms. Stan Long, city attorney's office, answere9
that it did not deal with firearms. State law, he said, deals primarily with con-
cealed dangerous weapons; the proposed ordinance concerns dangerous weapons re-
gardless of whether they were concealed. In answer to Councilman Keller, Captain
Larion explained that the size of knives set out in the ordinance was according to
State standards. City Attorney Johnson added that the ordinance would meet con-
stituional test.
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1/23/74
hearing Pub
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Mr. Keller moved seconded by Mr. Wood to schedule the ordinance for public
at the January 28 Council meeting. Motion carried unanimously.
There was brief explanation of reasons for the proposed ordinance, discussed in com-
mittee on January 23, 1974 (see above).
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Public hearing was opened.
Bob Powelson, 1757 Lawrence Street, expressed concern about the restrictions proposed,
saying the real intent in preventing misuses of these weapons could be to further dis-
arm citizens. He commented on the difficulty of determining legitimate uses. He
asked that the ordinance beo~tabled to give the opportunity for its distribution to
other interested people.
Public hearing was closed, there being no further testimony.
Council Bill No. 437 - Adding Section 4.030 and amending Section 4.890 of City
Code re: Prohibited Weapons was read by council bill number
and title only, there being no councilman present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
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Councilman Hershner suggested holding the bill to give opponents an opportunity to re-
ceive copies. Councilman Murray wondered who would determine "legitimate uses." Dale
Allen, chief of police, explained that wording of the bill spelled out purpose for
which weapons could be carried; however, ultimate decision on prosecution would rest
with the City Attorney's office. He noted that the proposed regulation was concerned
only with knives and like weapons; it did not cover firearms. . Stan Long, assistant
city attorney, added that the ordinance also covered blackjacks and billys which would
not have many legitimate uses. He also noted that ownership would not be prohibited,
only. carrying the weapons in and about public places.
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Councilman Murray asked whether the police were encountering specific crimes con-
nected with the carrying of such weapons. Police Chief answered that there were not
many, however they were receiving many complaints of intimidation. He pointed out
that another reason for requesting adoption of the ordinance was to update and clarify
existing regulations. He confirmed Mr. -Murray's statement that it was more to curb
overt taunting or threatening. In answer to Councilman McDonald, the Chief said that
possession of a switchblade if activated by a spring device was in violation of State
law as well as City ordinance. Mr. Long explained that the ordinance addressed itself
to carrying such knives in public places rather than to their use on private property
or in the course of one's employment.
Councilwoman Campbell asked about enforcement, wondering whether there would be a
problem with regard to people coming into the City from other areas. And whether dis-
play of these weapons was because of ban on carrying concealed weapons. Police Chief
answered that considerable publicity would be released to make the citizenry aware of
the restrictions inside the City. As with any new regulation, warnings would be issued
in first violations. He said the prohibition of carrying concealed weapons was probably
the reason knives were being carried openly.
Councilwoman Beal thought the proposed ordinance a good one. She felt its purpose was
to prevent an alarming or threatening appearance to people in the community. Manager
explained that the ordinance primarily was to clarify for legal purposes and for the
citizenry and to spell out for those allowed to sell knives, etc., the legitimate and
illegal uses.
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Mr. Powelson pointed out specific sections of the ordinance to which he took-exception
and said he thought there should be some way to take care of concerns of people using
certain types of 'weapons in hunting, or as pocket knives.
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Vote was taken on the motion for second reading. Motion defeated, Councilmen
Williams and Hershner voting aye; Councilmen McDonald, Beal, Campbell, Keller,
Murray, and Wood voting no, and the bill was held over for second reading.
F. Amending City Code re: Subdivisions and Land Partition
Ordinance re:Subdivisions and related Code changes - Recommended by the Planning
Commission to bring the subdivision code into conformance with State code
(S.B.487 and H.B.2607). Council members were briefed on the proposed ordinance
in meeting with the Planning Commission on January 21/ 1974.
Councilman williams wondered whether the emergency session of the Legislature
scheduled for February 11/ 1974 would modify this action. Manager explained
that the problem of disclosure to be considered by the Legislature was not
pertinent to this ordinance.
Comm
1/23/74
Pub Hrng
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Mr. Keller moved seconded by Mr. Wood, to schedule the ordinance for public
hearing at the January 28 Council meeting. Motion carried unanimously.
Planning Commission recommended on December 17, 1973. Manager explained provlslons
of the proposed ordinance, copies of which were previously distributed to Council
members.
Public hearing was opened.
Bill Briot, 308 East 50th Avenue, executive officer of the Eugene/Springfield Home-
builders Association, ~sked about the fee schedule for subdivision applications.
John Porter, planning director, explained that fees were set out in resolution form
(ReSOlution No. 2250 below) to be adopted after passage of the new subdivision rules.
There being no further testimony, public hearing was closed.
Council Bill No. 438 - Repealing Sections 9.005 through 9.150 of City Code (present
subdivison ordinance) and adopting new land division ordinance
adding Sections 9.005 through 9.090, and amending Sections 2.350, 9.254, 9.552,
9.560, and 9.562, was read by council bill number and title only, there being no
councilman present requesting that it be read in full.
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Mr. Williams moved seconded by Mr. He~shner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final
passage. Rollcqll vote. All councilmen present voting aye, the bill was declared
passed and numbered 16971.
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Resolution No. 2250 - Establishing schedule of filing fees to be paid by appli-
cants for tentative plan approval of partitions and sub-
divisons was submitted and read by number and title.
Public hearing was held with no testimony presented.
,Mr: WilD.ams moveds'e~'q,nded by Mr. Hershner to adopt the resolution. Motion
~~.- carried unanimously."
G. Annexations
1. Approximately 6.54 acres on Goodpasture Island Road (Ernst-Valley River)
Recommended by the Planning Commission on January 14~ 1974.
Public hearing was held with no testimony presented.
Resolution No. 2251 - Transmitting to Boundary Commission recommendation
to annex 6.54 acres on Goodpasture Island Road
(Ernst-Valley River) was submitted and read by number and title.
Mr. Williams moved seconded by Mr. Hershner to adopt the resolution. Motion
carried unanimously.
2. Approximately 6.04 acres on Willamette River bank west of Delta Highway
(Valley River Inn)
Recommended by Planning Commission on January 14~ 1974. Manager explained
contractual process by which the subject. land was developed with annexation
to occur after development thereby adding the additional value to the City's
property tax base. The description of the property provided by the Planning
Commission for transmittal to the Boundary Commission included that upon which
the Valley River Inn sign was located. Contact had not been made with owner
of the property to determine whether he was agreeable to inclusion of the
sign in the area to be annexed" However~ Manager said~ he would have the
opportunity at the Boundary Commission hearing to request revision of the
description.
Public hearing was held with no testimony presented.
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Resolution No. 2252 - Transmitting to Boundary Commission recommendation
to annex 6.04 acres on Willamette River bank west
of Delta Highway (Valley River Inn) was submitted and read by number and
title.
Mr. Williams moved seconded by Mr. Hershner to adopt the resolution. Motion
carried unanimously.
II - Consent Calendar
Items acted upon with one motion after discussion of individual items if requested.
Previously discussed in committee on January 9~ 1974 (Present: Mayor:7l.ri.derson; Council-
men Williams~ Hershner~ McDonald~ Beal~ Campbell~ Keller~ MurraY';and~d); January 16~
1974 (Present: Mayor Anderson; Councilmen Beal~ Campbell~ Keller~ Murray~ and 'Wood); and
January 23~ 1974 (Present: Councilmen Williams (presiding)~ Hershner~ McDonald~ Beal~
Campbell~ Keller~ Murray~ and-~Wood). Minutes of those meetings appear below printed in
i-talics.
A. Ihannlng st.lidii,-Y;oodpas'ture Island Area - Maniiger rejJor-tedthree to Io-iircon-
sultan-ts have been interviewed who are well qualified -to make the study on com-
mercial needs of the City in relation to the Goodpasture Island area. Cos-t
estima-tes based on a general description of the work range from $45,000 to $70,000.
The es-timates appear realistic in view of the work to be done, perhaps on the high
side because no analysis has been made of data which may already be available.
Funding -the study to be comple-ted by July 1, 1974 presents a problem. The Plan-
ning Department budge-t has abou-t $10,000 to $12,000 uncommitted funds which could
be used; contingency funds in the general fund are not committed at this time;
other governmental jurisdictions having possible interest in the proposed s-tudy
because their planning is affected by the same problems have been approached and
some help appears possible there; there is possibility of planning funds through
the Governor's office. The City could fund the entire project but it would
presen-t some budgetary problems because of increased cost of fuel and anticipated
cutback in some other services. One al-ternative would be con-tinuing -the mora-torium
in -the Goodpas-ture Island area for a year or year and a half while -the s-tudy is
accomplished by Ci-ty staff, recognizing that help will be needed in the economic
analysis area. It would also mean delaying commi-t-ted planning effor-ts such as
-the Be-thel/Danebo s-tudy. Or -the mora-torium could be repealed and zoning applica-
tions considered, relyin~'on the Fasano requirement for applican-ts to prove pUP1.ic
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need'i;;~ ''pdtential facilities. However, making decisiCm~f'without the ldnd of '., ..
.information that would come from the study could be uncomfortable. ~nother al-
!ternative would be going ahead with the consultant's study and adopt~ng a supple-
imental budget, using revenue sharing funds set aside for next year's budget.
[Manager said he feels strongly that.the study is desirab~e and ne<:essary and
(would be of great long-range benefit. Without it there ~s potent~al for bad
:judgments in the Goodpasture Island area, and the investment in that area and
I 't
(the downtown area ~s too grea .
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;Mayor Anderson said he considered the study of highest priority and thought it
should be undertaken, a financing plan to be brought back by ,staff when it ~an
be outlined. Councilman Williams was not in favor of extend~ng the morator~um
and was concerned that repealing it would amount to doing nothing. Council~an
Murray favord the idea of getting other units of local governme~t to share ~n
the cost since the entire area is involved. In answer to Counc~lman M<:Donald,
'Manager said there would be about $2 millio~ carryover of revenue shar~ng funds.
Comm
1/9/74
Approve
;Mr. Williams moved seconded by Mr.
proposed study, soliciting outside
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Wood to instruct staff to continue with the
funds which may be available. Motion carried
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B.Ordinance re: Controlling automatic burglar and fire'aLarm"systemstied toCity ,
emergency services ~ Copies of memo and proposed ordinance were previously furnishe~'
to Council members. Police Chief reviewed provisions of the ordinance which would ;
address the concern of having emergency lines pre-empted by automatic alarm systems,
iand wasted effort in answering false alarms. It would delineate responsibility
when automatic equipment malfunctions and set operational standards for answering
:services to guarantee adequate performance of alarm systems. Police Department
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irecommended adoption of the ordinance. Dick Jones, fire department, said that
that department was required to have direct connections with rest homes, nursing
,homes, and that type facility. When the systems do malfunction fire emergency
'lines are tied up for several minutes.
Art Steele, owner of Steele's Answering Service, agreed that the ordinance was
needed. However, he felt the answering services monitoring the alarm systems
'should be "regulated" rather than licensed since they act as an agent of the sup-
'plier. He also Objected to the provision that rooms where monitoring equipment
.is placed remain locked at all timesr suggesting instead that "necessary security
precautions be taken."
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iRobert Bennett, 6280 Willamette Street, manufacturer and seller of alarm systems,
fconsidered some of the provisions relating to their sale and installation uncon-
!stitutiona1 and asked for amendment or elimination of those provisions.
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iLes Smith, owner of Empire Answering Service, thought control of systems should
ibe uniformly applied. He saw no r.eason for removing the provision for locking
!rooms containing monitoring systems. Police Chief commented that that pro~ision
iwas discussed in meetings with suppliers, answering services, and people using-
!the systems. He felt it was a reasonable restriction and one which would give
Isome visible assurance of security to businessmen relying upon that service.
jMr. Jones noted the possibility of having emergency lines tied up by systems in-
stalled in areas outside city limits. It was brought out that the County had an
,identical ordinance before the Commissioners for adoption. It was understood
their action was to table pending some change in wording.
City Attorney
tionali ty and
that adoption
referred to Mr. Bennett's Objection in view of possible unconstitu-
said his office felt there was no constitutional problem involved,
of the ordinance would be a proper exercise of au~hority.
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Manager suggested staff might work with those people raising concerns and examine 1
revisions being considered by the County, then if revisions are felt necessary i
they could be accomplished prior to the January 28 hearing. It was understood the
County would have the ordinance under discus~ioT!:.~ai!}__oI}__.z9:l}uary .?}. ___.__"""-'
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tThtire was further explanation of opera tion of the automa tic dialing systems,
jtheir tie in to the police and fire departments, need for security of monitoring
Isystems by answering services, delineation of responsibility under the ordinance
,for proper operation and maintenance of alarm systems. Police Chief, in answer to
i,Councilman Keller, said there is a fee to the user for answering service, but it
!would not make that service mandatory. The ordinance does prohibit direct dialing
to the police or fire emergency service but would not prohibit direct dialing to
isome other location, such as a home. Mr. Bennett said he did not read the ordinance
,.that way, but Police Chief maintained that was the intent. ..
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1/28/74 ":" 7
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Councilman McDonald commented on the small percentage of total calls which were
false alarms (2000 of an estimated 250,000) and wondered whether that was enough
to cause concern. Police Chief stressed the importance of officer time involved
in answering false alarms and the clogging of emergency lines which could prevent
actual emergency calls from getting through.
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Councilman Williams wondered whether the provisions for prohibiting automatic dial-
ing to the City's emergency services could be adopted, then provisions for regulating
. the suppliers and answering services adopted later when they and clients had agreed
'on a set of standards. Assistant Manager responded that without the regulatory
,process it would be difficult to apprise the business community to make general in-
quiries about alarm systems before proceeding with installation. In the case of
,malfunctioning systems, there is no requirement that they be effectively repaired
,and in some instances there is no way to effect disconnection of malfunctioning
:systems resulting in a continuing tie up of emergency service lines. The licensing
:process provided in the proposed ordinance would meet those concerns. Police Chief
\added that the ordinance is intended to provide some protection to potential buyers
'of alarm systems and provide for identification of persons responsible for their
proper operation.
iCouncilwoman Beal asked whether there was any consideration given to assessing a
!fine against businessmen or suppliers of systems for faulty equipment. It was
;pointed out that alarm systems can be purchased from various sources, installed
by anyone, making it difficult to fix responsibility for the equipment. It was
felt too that a fine would discourage installation of alarm systems in homes if
it was known one would be assessed if the systems malfunctioned.
Comm
1/9/74
Approve
--
Mr. Williams moved seconded by Mr. McDonald that the Council indicate to the com-
munity its intent to adopt the proposed ordinance on January 28, 1974, so that any;.,
desired modifications in the language of the ordinance will have to be worked out
'with staff prior to that time. Motion carried unanimously.
Art Steele, owner of Steele's Answering Service, repeated concerns expressed in committee on
January 9. He noted recent experience with this type regulation in Los Angeles which resulted
in permit system for those wanting an alarm connection. He also noted withdrawal of the
ordin~nce from consideration by the County Commissioners.
0960
Ted Briles, 985 Conger Street, said he supplied and installed alarm systems and brought to
the Council's attention articles from several trade magazines. He was not opposed to the
ordinance but felt it should be given more time to ensure adoption of good legislation.
He wanted to see one adopted which would keep "fly-by-nighters" out of the market and at
the same time protect the consumer and keep false alarms to a minimum.
0989
POlice Chief Allen commented on the ordinance before the County Commissioners2 identical to
that being proposed here. His main concern was prohibition of autQmati~ diallng alarm;systems
being connected to the police department switchboard. Business people with existing service
of that type would have the alternative of contracting with an answering service. 'If answer-
ing services are.required to be licensed and the business community aware of standards on
which licensing. was based, then those services would be acceptable to the business people
wanting alarm systems. The system requiri~g permits for installation of each alarm was a
relatively new concept, Chief Allen said, and since the police department had been working
for several months with suppliers and answering services on the ordinance now proposed, he
wduld rather proceed with its adoption. .
e
In answer to Manager, Mr. Steele saicl:no, reason was given forwithdpawal of the County's
ordinance from consideration. In answer to Councilman Hershner, Police Chief agreed an
answering service direct line to the police department could be refused if not operating
properly. But he felt that the regulations should set out more specific standards and
contain more regulatory power to enable better enforcement. If a direct line werelost,he
said, the answering service could still have the use of incoming emergency lines to perform
the same service.
Councilman Wood suggested contact with the Sheriff's office tq ascertain the reason.for
tabling their ordinance. Assistant Manager said that regardless of County action, the
City would still have the problem. The action was initiated by the City, he said, and
the County agreed to co-operate.
Short recess was taken.
C. ~est;Iutlon -re;---Pres-eiv:aEion~of State ArmOr!j'BuITdTng:"-'pre-;ented~bY-:Co7.z-;;3'T-meibe-rs.
of the Historical Preservation Committee (Murray, Campbell, Keller) for considera-
,tion. It would urge the Lane County Commissioners to do their utmost to preserve
I the Armory (located on East 7th between Oak and Pearl). Councilman Murray read the
~resolution. He moved seconded by Councilwoman Campbell that it be adopted.
.
2./
1/28/74 - 8
.~-
Mr. Murray ~oted the amount of space available in the Armory building with poten-
tial use for meeting rooms, office space, etc. It was hoped that before any deci~
sion was made on the outcome of the building there would be public discussion on
, the issue. It was recognized that restoration could be costly although the degree
of cost to some extent would be determined by the use to which the building even-
tually ~uld be put. New construction costs, he said, would almost surely be more,
than any restoration costs, particularly if cost of land acquisition was included.
It was his understanding that the building could remain at its present location
: without interfering with the proposed County public service building on the same
!block, and possibly could be incorporated into that building. Mr. Murray noted
: statements from County Commissioner Hayward indicating the resolution, if adopted
by the City, would be forwarded to the County's Vision 2000 committee, charged
with helping the County to plan its public service building, thereby giving an
opportunity for further discussion in the public sector.
,
i
Councilwoman Campbell said the chairman of the LCOG Arts Advisory Committee had
suggested alternate uses to which the building could be put - art shows, photo-
:graphic shows, commercial exhibits, Saturday Market - all of which required large
areas of uninterrupted space, and all of which would be revenue producing in
:that they would pay rental charges. Councilman Keller concurred in the remarks.
e
In answer to questions from Councilwomen Baal and Campbell as to why the building
could not be used now, Manager said the County had spent considerable money to
'make it usable for the kind of use it now has. However, the fire code would not
permit large'gatherings without a great deal of remodeling. Assistant Manager
added that there are limitations on the numbers of people who can work in the
building; major problems involve all utility systems in the building.
'Mayor Anderson asked whether the proposal was reviewed by lay members of the
[Historical Committee. He also expressed concern that the resolution as now ~
written would seem to co~t the Council to the preservation of the building
:without having information on economical and structural aspects. He wondered
tif the resoluti~n could contain some qualifications. Councilman Murray said
,lay members of the commi ttee asked that the matter be brought to the Council's
:attention, since the committee did not feel its charge was to deal with individual
;items. He felt it absurd to interpret the resolution as committing the City to
;restoration regardless of circumstances, and said there would be other factors
:raised in consideration of its preservation. Councilman Keller said he had no
;objection to adding some qualification to the resolution since the intent was
:to get it to the County Commissioners as quickly as possible, realizing it might
'be impossible to preserve the building.
Comm
lL/16/74
Approve
iMrs. Beal moved seconded by Mr. Wood to amend the resolution, adding at the end
the words "if economically feasible.," -Motion carried unanimously.
Vote was taken on adoption of the resolution as amended. Motion carried unanimously. .
..... -.- -.-,---------......,..--..--... ._.._-_.:._~---_..._. -- - - '-'-"-~'. ...........-....---.-.-...> . .,...----..-..-
.
D. i~recker's 'License, Machinery Exchange, 2750 Roosevelt Boulevard - Application submitted!Comm.
:by Geo. L. and Emily K. Zellner. Staff recommended approval. ..'-:-lkft6/7i.
i, x~~
iMr. Wood moved seconded by Mrs. Beal to recommend approval of the application. Motio~L!
;_c'3.~~~~<!._Z:1!:~nillrJl.~sly. n-_.__-C-'- --'''____'n' . ...._._nn_____,__. _.___.______ n___'~'
1142
E. : Goodpasture Island Land Use - Because of the ordinance providing a six-monthsuspension~
by the planning Commission of consideration of any zone changes or annexations in
the Goodpasture ISI~~d Road area applications were filed directly with the Council for:
:~. Rezoning from AGT to C-2-PD 7.04 acres south and west of Goodpasture Island
Road north of Valley River to accommodate Eugene lXJdge (Smith,Brown,Howell); and
[2. Annexation of 42.9 acres lying north of and across Goodpasture Island Road from
the K-Mart development, represented as the proposed site for an ice skating
arena, a four-section theatre, and a G.I.Joe store (lXJerksen, Emerald Delta,Inc.)
e
Manager noted that the area proposed for rezoning to accommodate Eugene Dodge was
part of the "Hosey" rezoning request previously tabled by the Council. He added
i that comments on the agenda distributed to Council indicating the request could
not be referred,to the Planning Commission without amending the ordinance were
, misleading. He said the limited area submitted in this application could be
substituted for the entire area covered by the Hosey application and removed from
the table for Council consideration. However, Planning Commission consideration
of the PD..(planned development) suffix would be required.
Manager continued that the annexation request submitted by Doerksen would not by
State law require Commission consideration. However, precedent and City procedures
, would indicate all annexations are referred to the Commission. Purpose of the ~
~.._._----. . J _.~_~_------..:.___:--__~_~____~-::--
'2.'2.
1/28/74 - 9
.'
--
- --.- -"-~'--..-^..,- . '. '. . --'- '- , - . -- . - --- - - ._~ - - '-
, Commission as i.'ndica-ted in stiitelaw would requlreBleTr-considerafion even though
action would be only a recommendation to the Boundary Commission. The question
before the Council, he said, would be a decision whether to consider these variations
from the policy adopted.
Councilwoman Beal wondered whether the absence of three councilmen would disqualify
I them from participating in any discussion if one were held on the requests at a
; later time. City Attorney said not, that affirmative action at this time would
imean only that the requests would be brought to the Council at its formal meeting
lfor public hearing.
,Jack Gardner" attorney representing Smith, Brown & Howell, distributed to the
Council copies of a transcript recorded by a court reporter of discussion on the
; ordinance setting a six-month moratorium in the Goodpasture area and calling for
ja consultant's study of commercial needs. He called attention to the Mayor's re-
I marks as recorded in the transcript with regard to possibility of consideration
by the Council of zoning requests during the study period. Mr. Gardner added
'that the applicant would be willing to abandon_appli~ation for rezoning of the
balance of the area if the seven acres submitted at this time was brought from
: the table and considered favorably. He said the PD suffix would be attached to
'this request also and subject to Planning Commission controls~ug;nE!~Dbdge, he
said, has ordered soil tests on the site in anticipation of moving to that loca-
tion which they ponsider an appropriate place.
a- ~i
Robert Moulton, attorney representing Emerald Delta, Inc. (Doerksen) also noted
,the indication during the hea~ing-on_th~oratorium in the Goodpasture area the
possibility of consideration of other issues having to do with that area while
the study was in progress. He felt the grouping of this annexation petition with
a zoning application on the agenda was wrong, saying the petitioned annexation
had nothing to do with the land use study ordered by the CouriCiT:-- H'e""urged the
Council to give the Boundary Commission some indication of its thinkin~he~~
,annexation request to give the opportunity for action to be taken while the study
was going on. Making a recommendation to the Boundary Commission, he said, would I
'~ot commit the Council to any land use plan at this time.
,
I
\
.
-'"
-----
--:.... J>
Mayor Anderson referred to his remarks as recorded in the transcript and said he
had not indicated that requests would have to be granted.__Hi-s~iaea was" that re-
, consideration of any application_should-be-on i:ts--meffu - if there' is extreme
: hardship or other good reason for rezoning or annexation, then the Counqil should
consider the individual request. He felt the Council was under no obligation to
consider the requests other than to determine whether there is sufficient merit
~o~wa~rant fupther consideration.
- = ===----
, Councilman Murray called attention to the specific information requested upon
; tabling of the Hosey rezoning application and said the study would bring answers
,.to those questions. He said it was not his understanding that questions considered
_ :. by the Planning Commission could be brought back in new form. And he didn't agree
! that annexation of property in Goodpasture area was not pertinent to the study -
~commercial use of that property was indicated, and commercial uses were the crux
of the study. He opposed making an exception to the moratorium to consider
these requests.
.
-- - -~---
Councilman Wood said he opposed any consideration that would influence the outcome
of the study and he fel t both requests would have that effect if approved. He thought
'the time limitation was not too restrictive anQ that if the outcome of the study was
~doPted, going through the various stages of planning approval might be more efficient.
Councilman Keller asked whether there was any traffic study in progress in the Good-
pasture area. He commented that traffic and air pollution were the two main
problems with which the Council was concerned when it declared the moratorium.
iLooking at the applicants' problems, he said, it had been 18 months since Mr.Hosey
,had filed his application for rezoning and if it was left on the table it could
:be creating some hardship. He asked whether there was any information with regard
to problems confronted by Eugene Dodge because of the delay.
I ~~__
iMr. Hosey called attention to continuing traffic studies made by the County on
:Goodpasture Island Road which is under the County's jurisdiction and said he would
,furnish copies of those studies at any time. Manager noted that traffic serving
;'abili ty of that area was a part of the study ordered by the Council.
: [councilwomqn Campbell wondered whether development of the Doerksen property could
!proceed under County jurisdiction if it is not annexed to the City. Mr. Moulton
'replied that they did not wish to proceed under County jurisdiction, recognizing
that the property eventually would be a part of the City and they would rather work
,with the City when it came to the question of land use. He repeated that the
question of annexation was before the Boundary Commission and he hoped the 9ou~cil
'would take the position that the property should be a part of the City,,, !It!' .
.e
'"~
1/28/74 - 10
'.,..,
e,
added that he thought it inappropriate for the question of land use to be con-
sidered at this time, that annexation was an entirely separate question. Council-
: woman Campbell favored expressing some opinion on the annexation question. She
, thought it unfair to encourage the applicants if Council members opposed it.
I
i Mr. Murray moved seconded by Mrs. Beal to deny consideration of both requests.
i
: Councilman Keller repeated his question with regard to problems which might be
faced by Eugene Dodge because of delay in rezoning the Smith, Brown, Howell
! property. Mr. Gardner said a study of the entire area with regard to sewers,
etc., was made by the Planning Commission. Questions raised by the Council, he
said, were relative to future use of the entire area rather than the one property
covered.by the present petition. He thought the petitioners should be heard before
a final decision was made On the request.
! Councilwoman Beal recognized the hardship created by delays because of hearings
, and routine processing of applications. However, she thought there was no other
choice than to go ahead with the study of the area before new decisions were made.
.
Mr. Moulton commented that notes on the agenda including their annexation request
, wi th a land use peti tion were misleading. He said the annexation question would
, not come under Fasano regulations and does not require a public hearing before the
. Planning Commission nor a change in the recently adopted ordinance covering rules
'and procedures. He stressed the separation of the question of annexation from
: land use and said the petitioners were attempting to forego a 60-day delay by
ihaving some indication from the Council to the Boundary Board rather than waiting
until the study was completed then having the delay.
,_ ..._'._ ._n........h
"-...-----;- --:::;. ~-;=
Councilman Wood thought it unfair to the planners to make new decisions in the -.\
'Goodpasture area while the study was going on. He wondered whether it would be
advisable to communicate with the Boundary Commission with regard to the requested
:annexation and thought if it was that step might be considered.
Mayor Anderson said there was no doubt the Doerksen property would eventually .be
a part of the City. However, he thought if an indication were going to the Boundary
'Commission it should cover the entire area rather than the one piece petitioned to
:give the opportunity for proper consideration of sewers, streets, and other City
:services on other than a piecemeal basis. He fel t if there was any way to de-
crease the time period for annexation, it should be undertaken by the Council; to
hold off annexation was a poor way to control land use, he said.
.
Manager commented on concerns about recommending annexation of the entire delta area
when the Willagillespie area was annexed. Land use was one. Another was not want-
ing to commit the City to providing a sewer system for which no funds were available.
'Neither was it known the size or type of system needed until the regional sewer
!plan was developed further. Sewering this area depends upon construction of an east
;bank trunk' line which may have to serve the Lane Community College area and pick up
overflow from the Springfield plant. There is resistence from property owners in
'the delta area to annexation because there is no assurance they will have appropriate
.sewer service and be able to develop the land. Planning Director added that the
0,'" -____.__.,........~ ._ __ _ .._._.____-"'1........."_ ........ .____
study ordered will address the question of total annexation because the awkward-
'ness of working under both County and City jurisdictions in that area was recognized.
Mayor Anderson wondered if there were preliminary steps which could be taken on annexa-:
i
.tion of the entire area which would speed up the process while the study was going on. I
Manager said the attitude has been not to force annexation on people in that area
; until it was known whether adequate sewer service would be available. It would be
, taking on a burden in term of commitments on sewers. Planning Director said a
istatus report from the consultant on the question of annexation of the area could
I
. be brought to the Council before the entire study was completed.
; Mr. Moulton said that the Public Works Department had indicated sewers were avail-
able to the Doerksen property and it would not necessarily have to rely upon con-
: struction of the east bank' trunk.
I
-
Councilman Keller still questioned the type of problems Eugene Dodge would face
I in funding, planning, etc., because of delays on rezoning and their having to
'-move from the downtown area. Mr. Hosey said their lease would expire June 30,1974
: and they mllSt have an answer for their landlord by the end of January. He said
, they would have to make temporary arrangements if the property were not ready by
, June 30, but if they had to wait another six months for a definite answer on the
rezoning they would probably locate at some other place.
; Manager agreed with Mr. Moulton that annexation was not a question of land use nor
does an annexation petition have to come under Fasano regulations. However, he
didn't agree that an annexation petition would not have to go back to the Planning
,Commission nor that it was inappropr!ate to discuss uses for the area.
, I.
I
1
24
1/28/74 - 11
Vote was taken on the motion to deny consideration of the requests. Motion carried,.
; all councilmen present voting aye, except Mr. Keller voting no.
Comm
1116/74
Approve
.
'Mayor Anderson asked what progress there was on the Goodpasture study. Planning
I
iDirector answered that consultants were interviewed, one tentatively selected, and
ia contract was being reviewed by that consultant at this time. It is planned to
ihave a recommendation ready for Council action on January 28.
i
,It was understood that the consul tant would be contacted to determine whether a
,status report could be made as soon as possible .on the question of annexation of
: the entire Goodpasture Island area.
I
.In answer to Councilwoman Beal, Manager explained that annexation of the entire
:area was not pursued because it was felt unwise to prematurely proceed against the
:will of property owners in that area without having answers with regard to avail-
ability of sewer service. It is expected that sewer installation could not be started
ibefore 1977. He added that Mr. Moul ton was correct in saying that the DOerksen
,property could be served at this time by the system serving the K-Mart development.
';Public Works Director agreed that both properties under discussion could be served
'wi th existing temporary systems. However, he wanted it understood that if those
Iproperties were served in that manner, they would not be relieved of assessment
Ifor any future permanent system which might be made available. Facilities have
:been worked out with the developer of the DOerksen property from an engineering
:standpoint, he said, and they realize that there will be future assessments.
;Councilman Keller asked if there was any chance of a higher priority rating for
: the area' now that there was a Regional Sewer Commission. Manager answered that
,Eugene is about 85th in priority for Federal funds, and with funds that are now
available the City cannot expect anything before 1977. If other projects with
,higher priority do not develop during that time there is possibility of being funded
'sooner, but there is no basis for saying that will happen.
.
Councilman Wood wondered whether it would be advisable to communicate with the
Boundary Commission with regard to the DOerksen annexation petition prior to re-
sults of the study or the preliminary report. Manager answered that any action or
inaction on annexation petitions before the Council was always transmitted to the i
J
Boundary Commission, and there was always City representation at the Commission's !
meetings.
Robert Moulton, attorney representing owners of the property across from K-Mart, stressed
the point that the annexation was in no way connected with land use. He said that even
though'present'Council policy was to ask the Planning Commission for recommendation on
annexations, there was no legal requirement for that action prior to transmittal to the
Boundary Commission. He hoped for a "no objection" report to the Boundary Commission so
that the Boundary Commission could take action. Developing the property under PUD re-
quirements, even without the moratorium in that area and allowing time for DEQ review,
would cause lengthy delay. Getting the annexation out of the way now would shorten the
time element. Developers would still have to come back to the Commission with regard to
land use, he said, but the City would not be committed to any rezoning by recommending
annexation. He pointed out that the property proposed for annexation could be served by
existing sewers. He said that people for whom the property was bei~g developed should have
some assurance that the pr~ject was progressing and that annexation during the moratorium
period would get rid of an unnecessary time lag.
1148
.
Annabel Kitzhaber, 1892 West 34th Avenue, president of the League of Women
denial of the annexation until the Goodpasture Island study was completed.
League was not convinced there was. any pressing public need for relaxation
torium by permitting this annexation.
Voters, urged
She sclid the .
of the mora-
1243
Councilman Wood also felt the time lag was not great enough that annexation should be per~
mitted before the results of the study were known. He added that it would seem the de-
velopers themselves would benefit by waiting.
In answer to Councilman Hershner, Manager said that the moratorium covered annexation as
well as land use or rezoning.
In answer to questions from Councilwoman Beal, Manager explained that if annexation was not
approved by the Boundary Commission prior to change of zone then the zone change applica-
tion would have to go to the County. City action on annexations were advisory, he said,
so zone change application would have to await official Boundary Commission action before
it could be taken to the City Planning Commission. Mayor Anderson pointed out the possi-
bility of ,receiving an interim report from the planning consultant on annexation in the
Goodpasture area prior to completion of the study.
-
'2.S
1/28/74 - 12
e
Councilman Murray expressed opposition to any breach in the moratorium, feeling approval
of any annexation or zone change would se~iously affect the study to wh~ch the Council
was committed. Councilman McDonald wondered about the degree of hardshlp to the developers
if the annexation were delayed until completion of the study. Manager reminded Council
that the study mayor may not indicate reconsideration of definition of the Goodpasture
area as an opportunity area for large scale commercial uses. If the study indicated from
information gathered that that was not the best designation and made recommendation that
there should be changes, the consideration would have to be given to changes in the
General Plan.
F . 'Proposed PUC Rule re: Railroad Blockage of Grade Crossings - CopIes' of PUC notice
:of proposed adoption of rules with regard to blockage of grade crossings were
:previously distributed to Council members. Staff qu~stioned the proposal which
iwou1d allow blocking crossings for 20 continuous minutes between 10:00 p.m. and,
~6:00 a.m. (Item l(b)). Manager said a restriction of that duration should not be
., :p1aced upon the citizenry in view of the great deal of travel after 10:00 p.m.
;He felt 10 minutes maximum should be allowed, and five minutes would be enough
.most of the time.
-- -, "_,_w _ _. . ... '~__'.._~__..--...._~_......-._. .......~._,_ __. _"__"~~ _ _..~._'.- _._.~ _'___ ____ ________.__~ _._._"___ __._ ,..__._
Staff also questioned the proposal that any train continuously IOOving in the same
'direction would not be subject to the 20-minute restriction (Item (2) (a)). There
.was the possibility 'of confusion between trains-traveling through a community and
switching operations. Manager suggested recommending modification to provide for
breaking trains to allow emergency vehicles to cross.
.
Councilman Wood referred to Item (3) in the notice and said it would seem to
iprovide for variances for a1lOOst any reason. There was no information in that
regard other than supposition that variances would be granted on certain sets of
conditions.
: Mr. Murray m wed seconded by Mr. Wood to submi t the suggested changes to the
!Pub1ic utility Commissioner. Motion carried unanimously.
G. 'Petition for paving 25th Avenue from 220 feet east of Chaucer Way to the east
i4l5 feet, and sanitary sewer along the east boundary of Churchill Highlands 2nd
!Addition from between Strathmore Place and KevingtonAvenue to the north boundary
'of Churchill Heights . '\'!
:Property to be assessed for the improvements is entirely within the subdivision ex-
! cept 50% for paving 25th Avenue in the ownership of E~EB, and 22% for sanitary sewers,
: in the ownership of Radio Church of God. Approval was recommended.; Comm
iL/16/74
~pprove
! Mr. Wood IOOved seconded by Mr. Keller to approve the peti tion.
:..!!.n.~~;i!!1ously .
.-~ "--"'__M~, .
----.--.--------....- ""'"'''''' .h.h......___._......_._ 0.:.'____.. ._.._.
Motion carried
1350
_', .......J
"
.
'."','.
H. :Tree Cutting Ordinance - Copies were previously furnished Council members of
two ordinances which would restrict tree cutting within the City. Councilman
,Murray suggested appointment of an ad hoc committee to consider both ordinances
: (one prepared by himself and Councilmen Wood, the other by City Attorney) with
; the idea of combining them into one ordinanqe. He felt neither one completely
:answered what might be long-term interest in protecting vegetation, although
he felt the one they prepared was more comprehensive. In addition to prohibit-
:ing excessive trimming and providing for replacement policy, it would restrict
; cutting on the basis of size and require cutting permits. Staff prepared ordinance,
I . ",
he said, covered trees on private property only, and he felt some concern should
Ibe given to trees on public property. Neither did he agree wi~h staff's version
: wherein ci ty manager's decision on an appeal woul d be final and no provision
: for final determination by the Council.
1-............ _'.'__"'" ... '0_ ..._...__..'--.________...... ........ ... _. __'_' -'.~~".' _.__._...._.____.__..__... ._._ __.."
'..:.,," ._-.....).
'Mr.. Murray mdvedseconded by Mr. Wood to establish a short-time conference
. committee of the Council to work with staff to combine features of both
'ordinances and report back to the Council.
,
Comm
1/23/74
Approve
_.
!Cbuncilwoman Beal hesitated about appointment of a committee at this poiht,
saying she would rather see staff work completed and an ordinance in final
'form first. She thought the Murray/WoOd version had stronger protective
quality and noted that it included a section on subdivisions. She agreed
: that protection was needed for trees on public property and that provision
. should be made for appeal from ci ty manager's decision. Also, she fel t that
EWEB should be required to have cutting permits when removing trees from
i their easements.
Councilman Murray said it was his idea that the Council committee would work
with staff to give some direction before starting redraft of an ordinance.
.------~.----.-----.-----~_........._-
~Co
1/28/74 - 13
"
- -----.
1 . -.-_. -_____~.
, Councilman Hershner favored establishment of a subcommittee to work with
j staff. He said that his support of that procedure did not necessarily indi-
cate that he thought a tree cutting ordinance was needed. Councilman Keller
; agreed, saying too many factors were involved to make a decision now on
i whether an ordinance is needed. He wondered about costs and manpower involved
: in enforcement, distinguishing between small parcels of property and large
acreages, etc.
-
I Councilman Wood said legal and administrative problems were recognized when
: the draft was prepared and there was no intent to "ramrod" the ordinance
; through. He agreed that appointment of a subcommittee to work wi th staff
: was the appropriate procedure.
I
I Councilwoman Campbell noted recommendation for a tree ordinance in the South
! Hills report and hoped that would be taken into consideration.
Councilwoman Beal wondered whether the committee could be asked to consider
'also protection and maintenance of parking strip trees. She felt it a re-
:lated subject and thought the City should take the responsibility, even if
~on the basis of billing costs to the owners of abutting properties. Council-
man Wood said similar concerns were considered in preparation of the ordinance.;
: Vote was taken on the motion as stated. Motion carried unanimously.
'Council President Williams appointed Councilmen Murray, Wood, and Keller as
members of the subcommittee to work with staff on the tree cutting ordinance.
.
Edna Shirey, 3217 Whitten Drive, speaking for the Crest Drive Citizens Association, read
letters from that Association and from the Laurel Hill citizens group, requesting a mora-
torium on extensive tree cutting. They felt the moratorium would give the Council sub-
committee on tree preservation time to thoroughly study the issue and possibly present
guidelines which may become official City policy. They were opposed to indiscriminate
cutting of trees not only in the South Hills are but in the entire City, and asked that
the moratorium be effective until an ordinance was adopted.
1356
Nancy Cole, 225 West 35th Place, and Ruth Miller, 195 West 35th Place, supported the r~-
quest for moratorium. Their concerns were with a present clearing operation near their
homes which they felt was destroying the livability of the area. Tom Slocum, 1957 Potter
Street, urged further study before adoption of an ordinance which would prohibit proper
management of lax>ge stands of trees. He called attention to forest management practices
of selective cutting and hoped regulations would not be adopted which would prohibit that.
1406
Mrs. Shirey said the Crest Drive group was not advocating the prohibition of all tree cut-
ting. They were concerned with the results of indiscriminate cutting without proper plan-
ning with regard to replanting, soil erosion, and undergrowth destruction in yarding
operations.
".
Councilman Wood supported the moratorium. He commented on the apparent breach of agreement
in which the clear cutting operation in the South Hills area was to be discontinued. He re-
ported on his inspection of the area and said there seemed to have been some'trees which
could have been preserved. He felt the intent of the subcommittee in presenting the ordinance
was not to prevent cutting of trees in the Eugene area, rather to evaluate areas where cut-
ting was to occur with regard to slope, soil conditions, erosion possibilities, etc.
Mayor Anderson thought the question of moratorium should be discussed in committee, thereby
giving time for legal opinion and further discussion after no~ice to the public., It was
introduction of a new subject, he said, and deserved legal advice and further discussion by
Council before proceeding. Councilwoman Beal agreed that further discussion would result in
better legislation. However, the moratorium would meet the emergency in the South Hills
area where clear cutting would have a tremendous effect on the entire area.
Answering the Mayor, Stan Long, assistant city attorney, said an opinion could be ready for
the Council at its January 30 committee meeting. However, a moratorium ordinance could not
be prepared in that length of time because of research necessary to prepare proper legisla-
tion. Also, it would have to be subject to public notice, hearings, etc.
Councilman Williams commented on his discussion with Fred Braatz, responsible for the clear
cutting operation in the South HillS, and the agreement that no cutting would take place
beyond the three and a half to four acres outside the ridge line study. Manager described
the cutting which had taken place and said the misunderstanding and alleged breach of agree-
ment was probably because of conversation with one of the owners that no further cuttirig
would occur.
'4t.
....;..:
2;
1/28/74 - 14
e.
,
Councilman' McDonald supported the moratorium suggested, saying the present cutting in the
South Hills would have to be stopped. Mayor Anderson suggested turning the question ~o
the legal staff to see what could be done either to effect a moratorium within a short time
or prepare an ordinance, with the Council being prepared to meet on call and waiving the
usual notice procedures for special meeting.
1699
Mrs. Beal moved seconded by Mr. Wood to instruct the legal staff to prepare an
ordinance placing a moratorium on tree 'cutting in the South Hills area for con-
sideration at the January 30 committee meeting after which an emergency Council
meeting could be held for adopting the ordinance.
In making the motion Mrs. Beal said that a temporary moratorium ordinance contained within
a pe~mit-system ordinance would be satisfactory if prepared immediately, but she didn't
think, action should wait until a general ordinance covering tree preservation in the entire
City~as prepared.
.
Councilman McDonald wondered if staff could ,be given authority to enforce a ban on further
cuttrhg in the South Hills while the legal work was being prepared. Councilman Murray
asked whether an injunction could be placed against cutting occurring within the South Hills
study area. Mr. Long, reluctant to give an opinion on the spot, recalled that the attorney's
office at the time Mr. Braatz' logging operation was brought to the Council's attention,
agreed there were no legal tools with which the City could stop the operation. The ordinance
now before the Council for redraft was intended as a stop-gap measure. Nothing much could
be done he said without a new ordinance which would have to consider zoning issues, per-
, ,
mits, certain State laws, etc.
Councilwoman Campbell urged an emergency meeting of the Council to take action as soon as
possible to stop the present cutting. Mayor hoped the final draft of an ordinance would
consider long-range implications rather than being prepared as a temporary measure to take
care of the immediate situation.
1762
Vote was taken on the motion as stated. Motion carried unanimously.
.1.. Appeal, HoLiday Inn Sign - David James,' attorney representing Holiday 'Iim, re-
quested postponement of consideration of appeal of Sign Code Board of Appeals
idenial of variance which would permit nonconforming'sign to remain at 225 Coburg
~ Road. Staff recommended postponement.
i
,
: Mr. Wood moved seconded by Mr. Hershner to postpone the hearing on the appeal to
i the February 11 Council meeting. Motion carried unanimously.
\ Comm
\1/23/74
\Approve
\
.
J.: Lane County Auditorium Association Request for Room Tax Funds- Copies were
~ previously furnished to Council members of a letter from the Lane County Audi torium)
: Association requesting that two-thirds of room tax funds now on hand and those re- ,I
,ceived in the future be set aside for use by LCAA through the calendar year 1976. ,i
fCopiep of tabulation ~howing present status of room t~x.funds were distributed. 1
: Staff suggested that ~f the request was granted, prov~s~on should be made for a I
jfirm 90ntract with the Association spelling out the work to be accomplished and i
'the costs thereof. .
--
James,Kays, chairman of the Association subcommittee charged with continuing
efforts toward aChieving an auditorium in the community, spoke of the request and
the Association's review of the outcome of two elections at which the proposal
:was rejected. He said the Association does not at this time have specific ex-
Ipenditures in mind, but was concerned with having a sound financial base for
jexploration of means to construct an auditorium. Other sources of revenue would
:.be looked at wi th the possibili ty of accomplishing the project wi th very Ii ttle
[public funds. In answer to Councilman Williams, Mr. Kays said the request was
[presented to the Council because of its prerogative to refer it to the Room Tax
!Allocation Committee.
i
I
iCouncilman Murray felt referral to the Allocation Committee would be misleading.
We could not support the request, saying he was "flabbergasted" that the Associa-
[tion would present the request after the auditorium proposal was twice defeated
!.~ t the poll s . Further use of ~!!~_ fU_l!~~. ~~. promo te th~ ~~ !l9_~!?E.~ uIrl...~.l:!~.cl._~~_,~l}~ n- J
!sult, he said. Counqi1wo;'-;;'~"Beal ;epii~dthat thep~~ject was riot defeated be-'
l . .' '. ' . .
I cause ~ twas not wanted, rather because the voters did not want an increasei'n \
[taxes. She said the room tax was adopted with the idea that the funds would be \
[for an auditorium, so the Association should have a prior claim on those funds. \
,
IIn answer to Councilman Keller, Mr. Kays said in researching outcome of the
!electio~s t~e Association sensed that the auditorium was wanted in the community, :
'that reJect~on was more on the basis of location rather than whether an auditorium,
was wanted. Councilman McDonald expressed his support for having an auditorium
. in the community and felt the Council should indicate support of the request in
: referring it to the Room Tax Committee for recommendation.
26
--~-"T'-'-~~'--'-~
,
1/28/74 - 15
-.------~-----._--.....,.---- --- ---.--~
Mr. McDonald moved seconded by Mrs. Beal to refer the request to the Room Tax
, Allocation Committee and ask the Committee to give its support.
Councilwoman Campbell wondered whether more detail was available with regard to
use of the mon~ey. She said on the surface it seemed unfair to other applicants
I for room tax funds to allocate that much to the Association. Mr. Kays did not
I
,have a specific answer. He said the request was presented with the idea that
:perhaps the amount could be negotiated and that the Association would be given
,the opportunity to discuss the matter with the Council and Room Tax Committee to
'satisfy them with regard to use of the money. He said it was not the intent of
jthe Association to spend any of the funds without approval of the Councilor the
,Room Tax Committee or without presentation of a budget.
.
Councilman Williams supported referral of the request to the Room Tax Committee.
However, he said he would not support a motion that would instruct the Committee
what to do with the referral. Councilman McDonald said he did not intend to
,"instruct" the Committee. Neither did he want to refer the request without some
indication from the Council that it supported an audi torium project. Councilman
Hershner suggested that in referring the request the Committee should be impressed
:with the importance of keeping an open mind in its consideration.
,Manager estimated about $100,000 now in the room tax fund and anticipation of col-
,1ecting about $160,000 over the next two years, totaling about $260,000 upon
':which to base the requested funds. He thought referral of the request to the
,Room Tax Committee was appropriate but suggested delay until the Auditorium Associa-
:tion had developed a work program and cost estimates for the Committee to consider
in making its recommendation. Asking allocation of funds without more detail, he
:said, would be'asking' for'something beyond the responsibility of the Committee.
.
; Councilman Wood said he would move to refer the request after preparation of data
:or to table if the previous motion was rescinded. Councilman McDonald withdrew;
,his motion with consent of the second, stressing the importance of continuing work
on the auditorium and that adoption of the room tax was for that purpose.
Comm
1/23/74
Mr. Wood moved seconded by Mr. Hershner to refer the Lane County Auditorium Associa_Approve
tion request for room tax funds to the Room Tax Allocation Committee, but to delay
referral until a program in some detail could be developed by the Association for ~
consideration by the Committee in making its recommendation. Motion carried
unanimously.
K. :Ordinance re: Planning co7nmi~si~~~':' copies 'werepTeviousTy'-f.u''rh{sh~'d-to Council
members of ordinance which would bring the City Code into conformity with re-
:cent changes in State law; it covers composition, term, vacancies, appointment,
:removal, distribution of interests, conflict of interest of Planning Commission.
: Councilwoman Beal referred to [the section dealing with removal of a Commission
~member because of continued absence from meetings. She wondered whether allow-
,ing a member to be absent from six consecutive meetings without a leave of ab~
;sence was too lax. Planning Director explained that that was the present pro-
'vision; six meetings of the Commission would cover a period of two months.
: Councilman Williams added that it was not obligatory to permit a member t~
;remain in office for a period covering six meetings. rhe Council may remove a
:member when one is deemed derelict.
./:
:In answer to Councilwoman Campbell, Mr. Williams said the sanle provision covers
; attendance of members of the Council at its meetings. =====
Comm
1/23/74
Approve
: Mr. Wood moved seconded by Mr. Hershner to adopt the ordinance pt the January 28 I
, Council meeting. Motion carried unanimously.
L. Vacation, "Pedestrian/Bike Easement in Windsor Circle (off Brittany Street) -
Relocation of the easement makes the dedicated easement unnecessary. Planning
Commission recommended approval~ Maps of the area were previously furnished
,to Council members. (Planning Commission report December 17, 1973.)
Mr. Keller moved seconded by Mr. Wood to call public hearing on the vacation
of the easement. Motion carried unanimously.
Comm
1/23/74
.Approve
'.
M. :iJi'ssolution,' Amazon Water 'control District - Copies of memo" from' Public' Wor'ks
Director were previously distributed to Council members recommending entering
into a cgntract with the Amazon Water Control District with regard to its dis-
2.9
1/28/74 - 16'
.
solution. A major portion of the District now lies within the City limits.
The City would agree to transfer of certain properties and easements from the
:water District to the City, and the City woulq assume maintenance of drainage
:facilities of the District (lying along the west edge of the Danebo area with
major drainage facilities for the west side of the City). Final dissolution of'
'the District is contingent upon action of the Lane County Commissioners.
Comrn
1/23/74
Approve
Mr. Hershner moved seconded by Mr. McDonald to authorize the contract. Motion
~ C!..arried un?lni~~.sl~l.. ..~._~_._._. _.,. ...__'_" _ _ h _m'~_'" ~,.~_ ..,~ ~ _____._.._~d . ,____ "__ _.,_ j
N.~iquor Licenses
,:1.
----
! 2.
La Posada Mexican Restaurant, 685 East Broadway - RMB - Charles and Victoria
Wallace - New outlet
Rancho Tavern, 1466 West 7th Avenue - RMB - Lloyd and Yvonna Hinrichs,
formerly Robert Hickam (change of ownership)
Pizza Palace, 29th and Willamette - Restaurant - Pizza Aurelio, Inc.
Entered on January 28 consent calendar for consideration.
\ Comm
1/23/74
Approve
I I,
I "
j 3.
,
I
'___~_'_~'_~" ~...J
'0. Council Minutes - November 5 and 26, 1973 as circulated
December 17, 1973; January 7, 1974 as circulated
Approve
e
November 27, 1973 minutes were approved after correction to show that letter
from Marta and Crawford Pierce, 659 West 2nd Avenue, was "in favor" of the
amendment to the Human Rights ordinance rather than "against."
Approve
P"APPointment, Downtown Development Board - Mayor Anderson announced
,~ent of Bob Rubenstein, Vince Farina, and Navarre Davis as members
,:!?ev.~l~p."!e.~~_~_o,:~~_~~=-~..~rms__~~~~~g,.~~Tl.~a~y .,1 ~_.! 9.7..!..:_.,__., "h..... __ h,.
the reappoint-
of the Downtown Comm
1/9/74
Affirm
Qo'Trucks on Polk Street - Councilwoman Campbell reported complaints received about
itrucks traveling Polk Street and'wondered whether that was d . t d
ro t M' es~gna e as a truck
u e. an~ger expla~ned ~hat the truck routes were designed to carry through
,truck traff~c around the C~ty. Local delivery trucks were permitted to use
:stree~s other than designated truck routes when traveling between points within!
;the C~ty~ It was understood staff would investigate the use reported to see '
I whether ~mproper use was involved.
Comm
1/9/74
Affirm
_..__ .-1
R.Business Closures on S d C '1
un ay - ounc~ man McDonald presented a letter he received
fro~ V. F. Loose, 455 West 15th Avenue, requesting consideration of requiring
~us~nes~es to close on Sundays. Mr. McDonald felt Eugene should take the lead
~n requ~ring Sunday closures and wondered whether the Council wanted to discuss
.
It was understood
"comf!li.t.tee meeting
\
it':Comm
1/9/74
a future Affirm
-_..-_.~.
the item would be scheduled for Council discussion at
befor~ any legal or other research is carried on,
.. "~'- --._._. r
\
I
S.Trucks on Polk Street - Staff review of correspondence received with regard to truck
traffic on Polk Street indicates complaints are limited to one person. The street is
: used by trucks of a couple of lumber mills wit'h log dumps on 2nd between Polk and Gar-
,field. Use of Polk Street by the two mills appears legitimate. Use of Garfield Street
'because of its commercial n~ture in comparison to the residential nature of Polk Street,
would necessitate relocation or alteration to the log dump of one mill to facilitate
the truck approach. Manager said there had been no further exploration but noted that
the Council does have the legal right to restrict truck travel to certain streets.
Councilman Murray recognized designated truck routes in the City, even though not yet
approved by the State, would not be affected by this particular complaint. But he
" commented on the extreme inconvenience to people in the west side neighborhoods having
, to tolerate truck traffic past their residences at all hours of the day and night. He
said he would like to see some attempt to restrict trucks to other than residential
streets.
Councilman Wood noted that Eugene is
truck routes within the City itself.
of residential streets used by truck
one of the few cities without designated and posted
He thought there should be a limit on the number
traffic.
-
Councilwoman Beal wondered why State approval is required if the City has the legal
right to restrict truck traffic. Manager answered that the designated truck routes
are involved with S,tate highway routes through the City. The main prOblem-is l.-nsigning
to get trucks off th;;-rr~e.way onto Franklin to 6th, 7th, 11th, l3th;.present signing
doesn't direct truck traffic~until it reaches the I-105 interchange. He said staff
could explore the possibility of-billboard type signs along the freeway. He addea
that Polk Street is about the only through route on the west side from 2nd to 28th'~,
. ~
so is fed from 6th, 7th, 11th, 13th, and 18th, and probably used by a considerable ~,
number of commercial vehicles other than log trucks.
.----J
30
1/28/74 - ))
r-'-", -- .. .-..
I .
:Councilman Wood asked why Eugene didn't restrict truck traffic within the City to
:certain streets and whether costs were involved: Manager replied that there had been
no demand to this point and no studies or cost estimates had been made. Public Works
;Director said that State law restricted load limits. The City would have to prove load
weights, and that would call for sc~les, weigh masters, and a series of operations the
City would have to perform to police the street itself.
.
Councilwoman Campbell said in bringing the complaint to the Council's attention it was
her idea that perhaps contact could be made with the companies involved in an attempt
~to persuade them to change routes. Manager said a letter could be written or contact
could be made through the Traffic Engineer.
Chair ruled that staff would be directed to make contact with the two companies and a
,report brought back to the Council. At Councilman Murray's suggestion the direction
included "bugging" the State Highway Department for signing truck routes into Eugene, or'
_exploration of the billboard type signing for that purpose. ,?-, ~
Comm
1/16/74
Affirm
,-_. --------------.-- _....~---_..- -~._"----- --"---~"-
T. EWEB Tree Cutting - Councilwoman Campbell asked for report on tree cutting by
'EWEB in the South Willamette area from about 43rd to 46th on which she had re-
ceived complaints. It was understood EWEB would be queried and repprt returned. '
Comm
1/23/74
Affirm
Staff reported that the cutting by EWEB reported in the South Willamette area was in con-
nection with installation of a new water main. The trees taken down were scrub oak and
were located in the street right-or-way.
U. Appeal, Denial of rezoning to RP, 2590 pioneer Pike - Letter'-was receIved fr6m
,D. A. Larkins, petitioner for the rezoning, withdrawing the appeal scheduled,
for public hearing_at the January 28 Council meeting.
.
Comm
1/23/74
File
V. cG~soli~e Shortage/Energy Crisis ~Councilman Keller report~d complaints received
because of traffic hazards created by motorists waiting in line for gasoline
, near 29th and Willamette, blocking entrances to businesses and causing general
, congestion in that area. Other Council members noted the same situation in other
: parts of the City. Councilman Williams wondered whether the City should develop
, some program through which people could participate in car pools.
Mayor Anderson said he had received word from Glenn Jackson, chairman of the
State Hignway Commission, of the possible availability of funds for that purpose
and had asked staff to investigate. Manager reported that Federal funds channeled,
through the State as urban funds would be available to set up and operate a car
pooling system for six months. The program would cover computer matchup of origin
and destination points to be made available to people in various neighborhoods.
A rough estimate .of the amount available was $50,000. Staff feels experience
with the program over a six-month period would show whether it is feasible and
; needs to be continued. Manager said use of the Federal funds to be made avail- ~
able would not take money away from or delay any other specific projects in
! Eugene. Therefore, the State Highway staff was told the City would work with
: them on the program.
I
.
: Councilman Williams wondered whether ordinances having to do with storage of
; gasoline should be reviewed, at least to publicize legal penalties involved.
'Mrs. Beal suggested,fire department inspections of homes, or'publicity regarding
ihazards of storing gasoline with the idea that neighbors would report dangerous
~conditions. Manager noted that the fire department does have an inspection pro-
igram on commercial buildings, however residences are not inspected unless re-
I quested. That type of inspection progzam, he said, would involve a good deal
;of manpower and cost. Dick Jones, fire department, said the question was one of
:determining the amount of gasoline which could be stored before it was considered i
:a ~azard. Councilman Wood suggested that any inspection program should include
fother than gasoline storage. He mentioned the extreme danger of random installa-
. tion of wood stoves which has gained populari ty since the start pf the energy
icrisis.
Mayor Anderson suggested staff be directed to review ordinances to see whether
revision was needed with regard to home storage of gaSOline and other hazards.
'He suggested working through the fire marshal's office, giving maximum publicity.
-
Councilwoman Beal asked Manager to review steps taken by 'the City to meet the
energy crisis. Manager reported a general review of lighti~g installations arid
lowering of levels in areas which had been overlightedp turning down thermostats,;
replacing most of the jalousie windows in City Hall with solid glass panes,
emergency plan set up for use of gas and diesel oil, controls on excess use of
vehicles, providing employes with bus tokens at bulk purchase price, swimming
pp.ol, tempera~u.;:.e~ reduced and consideration of closing ,some period-ically - not
\-
31
1/28/74 -18
.~
, so much because oT the crisis but, because of the rise in the cost of fuel,
'change in specifications of nonpatrol vehicles in the police department, etc.
Parks Director added other items - lowering light levels in park areas, night
' time operation cut in some community buildings. Manager noted that careful con-
sideration was given to street lighting with the conclusion that no reduction
could be made. Police Chief supported that decision, saying some levels were
:not high enough at present. Overall it was estimated that about a 21% decrease
'in energy use was achieved. At Mrs. Beal's suggestion for news release in that
,regard, Manager said it had been given'to the media but could be repeated.
: Councilwoman Campbell called attention to the hazard caused too by cars packed
, into service station lots without any avenue of escape in an emergency. Council- i
: man Murray mentioned cars backed onto the ramp to the Washington/Jefferson
: bridge waiting in line for gas, and Councilman McDonald noted the same type of
:problems being experienced in Springfield.
W. thallenge for Abstention in Voting - Councilman Keller asked whether a councilman
:would have to give a reason for not voting if challenged. City Attorney said a
!response to the question would be prepared and brought to the Council.
.
X. Cable TV Charges to Apartments - Councilwoman Campbell wondered whethe~ there
was response to the question of possible violation of rate setting authority
when apartment owner~ do ~ot d~duct cable TV charge from rent for apartments
,now that the charge ~s be~ng b~lled to individual apartments. Manager answered
that the question had been referred to another attorney since the City Attorney
formf!rly represented ~e,,~_e,p_:::!m.?,,~:=-_ TV. A response is expected Soon.
Y. ;EWEB General Manager - Glen Stadler announced the appointment of Keith Parks as~
general manager for the Eugene Water & Electric Board, effective January 14,1974. ,
'Mr. Parks has been acting general manager since the resignation last summer of
;i3yron Price.
Z. Fire Rating - Manager reported a grading survey received from Insurance Services
Office indicating Eugene will retain a Class 3 fire rating. Since the last
grading in 1959 Eugene's area has increased some 15 square miles with the popula-
tion about doubled, so staff is quite pleased that the. City not only held the
Elass 3 ra ting but improved wi thin that bracke,t,'
AA.
;Closure of Businesses on Sunday - Manager explained that Councilman McDonald
although unable to be present had advised that he had no objection to discussion
; of Sunday closures in his absence,. The question arose as result of correspondence!
received by Mr~ McDonald (V.F.IDose, 455 West 15th Avenue) requesting Council
iconsideration.
.
· Councilwoman Campbell said she, would like to have reaction of the Chamber of
'Commerce to the s"uggestion in order to have the thinking of business people in
the community. Councilman Wood thought the energy crisis ,was not of such magnitude
,that the Council needed to address this type of curtailment; it might result in
,requests from other groups for Saturday closures, he said. Councilman Keller felt
: the Council should not dictate hours of business; if the crisis became critical
enough to demand Sunday closure, he said, the question would be resolved before
:Council action became necessary.
..--.-.. "~-'.-. ... -.. -'_.~_.., . --- .....--......., --.-.,.... ..,..--.-.... ...-.".
iCouncilwoman Beal wondered whether the Council had the legal right to
hours. City Attorney answered that closing businesses only on Sunday
a "blue law" and would raise serious constitutional problems.
Comrn
1/9/74
File
Cornrn
1/9/74
File
Cornrn
1/9/74
File
Cornrn
1/9/74
File
I'
Cornrn
1/9/74
File
prescribe business!
would be enacting .
i
iMayor Anderson commented on the far~reaching impact such action would
; segments of the Community and the necessity for extensive examination
problems if it were undertaken b!! a single community.
have on certain
of all attendant'i
'Cornrn
1/16/74
----,-, File
~ No action was taken.
tJ.
~B. Sign Code Law Suit - City Atto.rney Art Johnson reported'that an order had been issued\
:by the court denying plaintiffs' motion to enjoin the City from proceeding with en-
'forcement of the Sign Code and ruling in favor of the City that no injunction at this
:time is appropriate. He added that the Building Department has been sO'advised since
the action means there is no bar to proceeding with enforcement of the Code.
\
,'Councilwoman Campbell asked whether further directi ve from the Council was necessary
before enforcement could proceed. Mr. Johnson answered that the Sign Code, in his I
,opinion and as advised before, is a valid exercise of police power and is constitut~onal'l
and the intent is to enforce the Code according to its terms. He added that each s~gn Coinrn
presents a different case and enforcement would be t:arried out on a case-by-case, 1/16/~4
.sign-by-sign basi!!", ..__I-._~_, " rfle
. ..
51
- . I. .
1/28/74 - 19"
CC.MetricSys.tem -'- CounciIman McI50nald suggested appOintment of a committee to give
'consideration to use of the metric system, since it appears inevitable that
change to use of the metric system will occur. Staff will stay abreast of
;changes as information is received from the national level.
Comm
1/23/74
File
DD~Identification of Professional People, Public Hearings - Councilman Murray
raised the subject of professional people presenting themselves in public hear-
'ings as expert witnesses on an issue but who fail to identify any private vested.
interest they might have. He wondered whether the Council could require such
. identification. Manager knew of no requirement of that nature but said informa- .
, tion could be gatbered for Council consideration. City Attorney added that
. information of that type was usually gained through cross-examination. He
said that under the Fasano procedures either Council members or the Mayor could
put questions to witnesses to.bring out the desired information.
-.
Councilman williams wondered whether cross-examination would be more appropriate;
: than statutory requirement that an individual disclose any interest in an issue
under discussion at the beginning of his testimony. Attorney explained that
drafting legislation requiring disclosure of interests in advance of testimony
might be difficult. However, questioning one who has chosen to testify would be'
a legitimate function of cross-examination.
Councilwoman Campbell referred to hearings conducted on the South Hills study
which she chaired. She said there was no way to teli in those hearings whether
. a person testifying was working with a firm directly interested in a specific
. project that would be affected by the study. She added that although people
; conducting the hearings might be aware of interests of witnesses, the general
- '; public often was not. Councilman Ke,ller said he felt the importance of having
: public input outweighed that of identification of interests; the individual's
. thinking on the proposal appeared more important than whether he owned prop-
. erty in the. study area. Councilman Murray said he was not referring to full
" disclosure of the type required of political candidates, but that persons giv-
; ing testimony should feel obligated to identify empl,oyers. He felt questioning!
as in cross-examination would appear to be heavy handed. He cited an instance I
,in public hearing on the South Hills study of direct questioning in order to .
~bring out the direct interest of one person testifying; that information was
'not volunteered, he said, although the individual did volunteer information
. about his professional background to qualify him as an expert witness.
.
'.Councilman williams felt it was the individual's right to testify to the ex-
" tent one desired with no more being required than name and address. He
thought questioning by Council members to bring out additional information was
. V. appropriate.
:
"" Councilwoman Campbell suggested that the Council meet with the Planning Commis- !" Comm
: sion for a study session prior to public hearings on the South Hills report. 'j 1/23e4
; Planning Director referred to Planning Commission meeting scheduled. for Jan- I Fl1e
: uary 29 at which discussion was planned on the study. It was to be an open
: meeting with only one other item on the agenda. It was understood"Council
~embers could join the Commission at that time.
.
--...-----~.--'.- -.... . -. +.
EE.~ Enforced Use of Bicycle Lanes - In response to Council request for staff. rev:few-'
-; of requiring bicyclists to use bike paths, Ci ty Attorney had indicated it could \.
,be done by ordinance if the ~ike paths were clearly identified. However, the \
iBicycle Committee suggested delay because it was felt bicycle facilities now
are too limited for such a program. The police department and manager would
'Object to giving such a program priority which would take officers from other
i activi ties which were believed more essential. An aggressive enforcemen"t program
was estimated at about $50,000 annually. It was suggested that if the Council
wished to pursue the matter, discussions could be carried on during budget delib-
; erations. An educational campaign in the schools and by the media might be
. tried in the meantime.
: Councilman Keller favored the educational program if explaining the safety problem
I to young people was part of the proposal. Councilman Wood questioned whether the
!educational approach would be effective. He felt young people were not so much
;in violation as adult bicyclists. He recognized financial and administrative
iconcerns but thought some regulation should be pursued. Councilman Williams'
iagreed and wondered whether assignment of enforcement duties to the traffic .
engineering division would necessitate a special enforcement division. Manager
i answered that the amount of time available for patrol was the main problem. He
!said the_present amount was inadequate for the kind of preventative patrol which
:should be done in the community. Adding patrol of bicycle paths would further
:reduce that patrol time, taking away from other things felt more important be-
'cause of volume and hazards.
I
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..
e
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1767
.;'
1772
Councilman Williams suggested then that signing might encourage use of the paths;
,an ordinance used in that manner might be helpful. Councilman Keller suggested
an educational campaign by the Bike Committee. Manager said enforcement of use
of paths was now a Bike Committee project. A recommendation in that regard was
expected by mid-summer.
Councilman Wood repeated his concern with hazards both to bicyclists and motorists,
and wondered whether there had been progress in cutting down on nuisance calls
: which would give more time for patrol. Captain Larion answered that research
, was in progress and a proposal expected soon with regard to services considered
: low on the priority list. Elimination of some may be recommended thereby creat-
:ing available time to handle things with higher priority. The research also in-
cluded ways of handling some situations more effectively without committing sub-
stantial manpower. He said a budget request was submitted for a limited amount
~of manpower to patrol bike paths; that request did not include enforcement on
'bike "lanes" since it was recognized that the only method of controlling paths
~was through use of bicycle patrol.
City Attorney noted that revision of State motor vehicle code was in progress.
Ultimate revision of the City code to conform was anticipated which would give
,an opportunity to consider ways of requiring use of bicycle lanes.
Corom
1/23/74
File
,Councilwoman Campbell indicated a desire for future discussion of bicycle facil- I
\ities and status of the Bike Committee. Councilman Williams hoped the Bike Com- )
\mittee would be informed of the Council's concern about safety hazards. It was'
'understood those concerns would be discussed during forthcoming bud~et sessions.
. ,~-- -.--.--- '. ._,._. -_._~-_.__..___. _. __'~_'_."_L___'_~_"___." .--..,...- "'-'-"~~'~"''''''~ ','_'_~ "_'~_',..._~_-.-.-__._.__,_.. ... ___._.,.__.._.,~-...-~,,__._.--.-....-,....,.,..
FF. fie'gal 'Opinion ~e: Abstaining From Voting - In answer to Councilman Keller
! Stan Long said, an opi . b . ,
n~on was e~ng prepared and would be ready soon with re-
L~a_r.~_,tP challen'!.e_c:~ ,~:?::::ci1 membe~:~, .a.~~~,e~tion from voting.
:Planning Commission Report~- January 14,1974
,A. Ernst - Approximately 6.54 acres on Goodpasture Island Road
,B. Valley River Inn - Approximately 6.04'acres on Willamette River bank west of
Delta Highway
Comm
,1/23/74
File
'Planning Commission recommended annexation of both properties . Maps were dis-'
played indicating boundaries of the areas to be annexed in accordance with
1 contracts between the City and property owners. Neither property lies within
the Goodpasture "moratorium" area.
~anager explained that description of the Valley River Inn property was subject
: to revision by the Boundary Commission because it is not known whether the area
on which the Inn's sign is located would be included for annexation. The sign
ts included in th~ area being referred. Referral to the Boundary Commission
for consideration at its February 7, 1974 meeting was necessary if the area ;was
to be included in the County Assessor's additions to the City's tax base. Staff
will have opportunity to discuss the matter with the property owners so that the
, Boundary Commission can be approached in agreement. The Boundary Commissio~
, could then make any change desired. '
. ,
,4!'
.....,
'1
J Comm
-t/23i74
P,hb Hrng
',Mrs. Beal moved seconded by Mr. Hershner to recommend approval of the annexa;tions!
' to the Boundary Commission. ,
: Councilwoman Campbell expressed concern about the Valley River Inn sign. She
:i thought it unfair to erect a nonconforming sign knowing the property would be
: annexed to the City, then having five years in which to conform to the City's
!sign code. Councilman Wood shared those concerns.
) Vote was taken on the motion to recommend approval. Motion carried, all present
~,yoting aye except Mrs. Campbell and Mr. Murray voting no.
Mr. Williams moved seconded by Mr. Hershner that Items
and filed as noted. (note additional action on Item H).
present voting aye, motion carried.
A through FF be approved, affirmed,
Rollcall vote. All councilmen
III - Ordinances
Council Bill No. 439 - Amending Section 3.010 and adding Sections 3.110 and 3.655
through 3.663 of City Code re: Emergency reporting equipment and procedures was read by council
bill number and title only, there being no councilman present requesting that it~be read, in full.
Les Smith, owner of Empire Answering Service, supported the ordinance and said it would provide
the degree of control necessary.,
34
1/28/74 - 21
Mr. Williams moved seconded by Mr. Hershner rhat 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16972.
".(
. Council Bill No. 440 - Amending Section 2.330 and adding Sections 2.331 through 2.333 re:
Planning Commission organization was submitted and read by council bill number and title only,
there being no councilman present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16973 .
Council Bill No. 441 - Calling hearing March 11, 1974 re: Vacation of pedestrian/bike ease-
ment in Windsor Circle (off Brittany Street-Breeden) was submitted and read by council bill
number and title only, there being no councilman present requesting that it be read in full~.
Mr. Williams moved seconded by Mr. Hershner 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. .
,It
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16974.
Council Bill No. 442 - Construction of sanitary and storm sewers within Churchill Heights
and along east boundary of Churchill Highlands 2nd Addition from between Strathmore Place and
Kevington Avenue to the north boundary of Churchill Heights was submitted and read by council
bill number and title only, there being no councilman present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr.. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16975.
:..
Council Bill No. 443 - Adopting plans and specifications for construction of sanitary sewer
and storm sewer within Churchill Heights and along east boundary of Churchill Highland 2nd
Addition from between Strathmore Place and Kevington Avenue to the north boundary of Churchill
Heights was submitted and read by council bill number and title only, there being no councilman
present requesting that it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16976=.
Council Bill No. 444 - Paving streets within Churchill Heights and 25th Avenue from 220 feet
east of Chaucer Way to the east 415 feet was submitted and read by council bill number and
title only, there being no councilman present requesting that it be read in full.
'.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16977 .
35
.
1799
.
1824
.
e~
Council Bill No. 445 - Adopting plans and specifications for paving streets within Churchill
Heights and 25th Avenue from 220 feet east of Chaucer Way to the east 415 feet was submitted and
read by council bill number and title only, there being no councilman present requesting that
it be read in full.
Mr. Williams moved seconded by Mr. Hershner 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.
Mr. Williams moved seconded by Mr. Hershner that the bill be approved and given final passage.
Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered
16978.
IV - Resolutions
Resolution No. 2253 - Urging County Commissioners to preserve the State Armory building
was submitted and read by number and title.
Mr. Williams moved seconded by Mr. Hershner to adopt the resolution. Rollcall vote. Motion
carried, all councilmen present voting aye.
Resolution No. 2254 - Authorizing contract with Southern Pacific Company re: Conduit
structure Washington/Jefferson crossing was submitted and read by number and title.
Mr. Williams moved seconded by Mr. Hershner to adopt the resolution. Rollcall vote. Motin
carried, all councilmen present voting aye.
Resolution No. 2255 - Authorizing payment of bills and claims for period January 7 through
January 28, 1974 was submitted and read by number and title.
Mr. Williams moved seconded by Mr. Hershner to adopt the resolution. Rollcall vote. Motion
carried, all councilmen present voting aye.
Upon motion duly made, seconded, and carried, the meeting was adjourned.
~c
(~cKinley
City Manager
3b