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HomeMy WebLinkAbout02/25/1974 Meeting . Side I 1075 "tit 1160 1204 - 1301 Ie M I NUT E S EUGENE CITY COUNCIL COUNCIL CHAMBER FEBRU~RY 25, 1974 Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjour~ed from the meeting held on February 11, 1974 - was called to order by His Honor Mayor Lester E.Anderson at 7:30 p.m. on February 25, 1974 in the Council Chamber with the following Council members present: Messr~ Williams, Hershner, McDonald (arrived later); Mrs. Campbell, and Messrs. Murray and Wood. Council members Beal and Keller were absent. I - Public Hearings A. RMB Li~ense Application - Bras:s Rail, 1143 Oak Street New outlet for tavern displaced by urban renewal on West Park Street. Staff has no objections. Public hearing was opened. Jon LaBranch, partner representing majority of owners of tavern at its previous location on West Park Street, explained that the license expired while a new loca- tion was being sought. The building at 1143 Oak Street was found desirable for their operation, offering an opportunity for expansion of food services and at the same time retaining atmosphere of the original oper.ation in the urban renewal area. He said the operation would have no machine games, music would be provided by stereo equipment rather than juke box, and there would be no signs on the outside of the building. Mr. LaBranch felt there was a need for this type operation near the downtown area. /i;' A young lady, declining to identify herself, objected to the anticipated appearance of Nelson Rockefeller at the Dorchester conference, a gathering of State Republicans. She blamed Rockefeller for the current gasoline shortage and asked Council considera- tion of a proposal denouncing his attendance at the Seaside meeting. Mayor Anderson declared the speaker out of order and, upon her refusal to acquiesce, declared a short recess during which the speaker and companions were escorted from the Council Chamber. When the meeting resumed, Mayor Anderson explained that the Council was willing to hear any citizen on any matter of concern. However, by the Council's own rules, a set procedure for being heard must be followed. He said the young lady would be heard if she so requested through the proper procedure. Patricia Helmers, 2720 Central Boulevard, strongly urged a favorable recommendation on the application, saying she had found the applicants to be good citizens and try- ing to meet the needs of the community. Speaking against the proposed location were Carlton Buck, pastor of First Christian Church at 1166 Oak Street (across from the proposed tavern) and Ernie Graham, 734 East 23rd Avenue, trustee of the church; and Marcia Thompson, speaking for Thompson Electronics, 98 East 11th Avenue. Their objections were based on the proximity of a tavern operation, which they felt incompatibl~ as well as anticipated parking and other problems they felt inherent with such an operation. Dr. Buck noted availability of beer at a nearby restaurant. He also mentioned the number of youth activities sponsored by ,his church and felt there were many other locations in the city more suitable for a tavern. Public hearing was closed, there being no further testimony. Manager reported that OLCC contacts with occupants of neighboring properties revealed six opposed to the location, seven not objecting, and six neutral. Mr. Williams moved seconded by Mr. Hershner to recommend approval of the application, bringing to the OLCC's attention the apparent significant neighborhood opposition. Councilman Murray wondered whether qualifying the recommendation in that manner would have any impact on the OLCC's~ction. He was in favor of the application because the structure was located in a commercially-zoned area. He felt the hours of operation most likely would not interfere with church activities or other businesses in the neighborhood, and he cited the good record of the operation of the Brass Rail at its previous location. However he felt the words "significant opposition" should be changed to "some opposition." Manager noted that Council's opinion is reflected in transmittal of recommendation to the OLCC. In the past that-has/usually been on a negative recommendation. This was the first time a comment was transmitted on a favorable recommendation and it was not know whether it would have any bearing on the OLCC's action. The Commission, he said, would have the same information with regard to the application that the Council had. Sfo 2/25/74 - 1 Councilman Williams was satisfied with "significant opposition," saying he felt six of those contacted in opposition seemed a significant factor. Mr. Murray moved to change the motion to "some opposition" rather than "significant opposition." There was no second. Councilwoman Campbell wondered whether the applicants had made, an effort to find a new location within the urban renewal area after the building previously occupied was demolished. Mr. LaBranch 'explained the structure at 1143 Oak Street was their first choice but after learning of the Christian Church's oppo~i~ion they looked at other locations. Alternatives in the downtown area, he said, ,were available but did not meet their needs for the type of operation they wanted. He felt the proposed location, even though across the street from a church, would still be appropriate because it was .in the downtown area. Steve Hessel, another partner, noted their real "first choice" was the building on West Park Street but their offer to buy the building was denied by the Urban Renewal Agency. Vote was taken on the motion as stated. Motion carried unanimously. B. Rezoning area south of 1-105, north of Kins Row, east of Centennial Boulevard from RA Suburban Residential to R-2 PD Limited Multiple-Family subject to planned unit development procedures (Earl Green)(Z 73-37) Manager revIewed history of the rezoning request leading to joint Council and Planning Commission session on January 21, 1974 at which the Planning Commission reaffirmed its previous,recommendation to deny the request. All public hearings on the issue are a matter of record and minutes and staff notes of Planning Commission action were previously distributed to Council members. Manager added that there had been no neighborhood opposition to the requested rezoning, only staff recommendation for denial. Councilman McDonald arrived at the meeting. Mr. Williams moved seconded by Mrs. Campbell to uphold the Planning Commission recommendation for denial and adopt by reference thereto findings supporting the denial as set forth in Planning Commission minutes of October 2, 1973 and January 21, 1974. Councilman Murray noted that the applicant had given written promise that the number of units constructed on the property would not be more than 145. Also, that number 'of units would not be excessively greater than that allowed under the current zoning. He added that the services available to the area were sufficient to serve that level of development and the zone change would be insignificant and one which should be supported. Councilman Wood said the proposed use seemed proper for the area and the increased density was not significant. ,He noted its location on a good transportation route which would accommodate mass transit. He said he didn't understand opposition to the rezoning unless it was felt a study of the area was necessary, and he didn't think that was the consensus of either the Councilor the .Planning Commission. Councilman McDonald could see no reason not to rezone the property. Manager explained that an ordinance effecting the rezoning had not been prepared (usual in cases of recommendation for denial). He suggested that if the motion were defeated staff be instructed to prepare findings supporting the rezoning and an ordinance for presentation at the March 11 Council meeting. Also, that rather than developing the property under contract the proposed zone carry the numerical suffix "3.9" which would designate density for the property at 145 units. Vote was taken on the motion to deny the rezoning. Motion defeated, Councilmen Williams and Campbell voting aye; Councilmen McDonald, Murray, and Wood voting no; Councilman Hershner abstaining. . Councilman Murray moved seconded by Mr.- McDonald that staff prep~re an ordinance which would rezone the property south of 1':105, north of Kins Row; east of 'Centennial Boulevard to R-2-3.9-PD and findings supporting the rezoning for presentation to the Council at its March 11 meeting. Motion carried, Council-= men McDonald, Murray, and Wood voting aye; Councilmen Williams and Campbell voting no; Councilman Hershner abstaining. . - C. Appeal, Zoning Board of Appeals denial of nonconforming fence at 2233 West 28th Avenue (Peter Hafner - Zoning Board action January 31, 1974) Permission was requested by Peter A. Hafner to retain a six-foot fence within the front yard setback at 2233 West 28th Avenue, and partially within the street right-of-way. Copies of letter of appeal addressed to the Coupcil from Peter A. '!;)1 2/25/74 - 2 133. :1360 1361 -- 1384 . e> 1431 -. and Marcia Hafner together with minutes of Zoning Code Board of Appeals meeting of January 31, 1974 were previously distributed to Council members. Zoning. Board upheld staff denial of variance for the fence. Some Council members had viewed the fence on tour. Public hearing was opened. 1446 Marcia Hafner, 2233 West 28th Avenue, said she had made an appeal to the Zoning Board based on information given her by the Building Department. She objected to the manner in which the hearing was conducted before the Board, saying she questioned the-right of persons present at that meeting to attack the petitioner's integrity witho~t opportunity for rebuttal., She noted that the Council had not received copy of her appeal to the Zoning Board and asked an opportunity to defend her position. Mrs. Hafner gave her reasons ,for wanting the type of fence installed - to keep dogs and deer out of the yeaI'd, to be able to 'raise a garden and flowers, give privacy for their main outdoor living-area. - She presented a diagram of the lot and pictures showing location of the house in relation to slope of the property and shape of the lot. Manager explained that the petition for variance involves not only a setback variance but also the fact that the fence is located within the street right~of-way. Encroachment could be permitted by granting a revocable permit, he said, calling for removal at anytime the right-of-way was needed for public purposes. .. Lowell Smith, 2087 Emerald Street, landscape designer, said the fence was only a part of the overall design plan for the Hafners and should not be judged in a partially completed state. It did not represent a safety hazard, he said, and did not block traffic vision. Noe did he think the fence downgraded the aesthetic quality of the neighborhood or, devalue properties in ~hat area. Speaking against approval of the fence were: Joe and Gleneva Jones, 2230 West 28th Avenue Oscar Strauss, 2291 West 28th Avenue Al Strassmaier, 2290 West 28th Avenue Barbara Nelson, 2247 West 28th Avenue All objected to the appearance of the fence and nonconformance with the Code and with other properties in the neighborhood. Mr. Strauss said view of traffic entering the cul-de-sac from Chambers and Garfield would be blocked endangering children play- ing in the area. The problem with deer was recognized but those opposing the fence did not feel that was the proper solution. Ms. Nelson said she was having difficulty selling her property because of the appearance of the fence. 1610 Public hearing was closed, there being no further testimony. . In answer to Councilman McDonald, Mrs. Hafner said one of the purposes of the fence was to keep out dogs. Mr. McDonald felt property owners had the right to construct barriers to protect their properties, especially since enforcement of the leash law was less than desirable. In answer to his questions with regard to height of the fence, Gene Haxton, building department, read that part of the Code governing fence construction., It provided for IS-foot front yard setback from property line and allowable fence height of 2~' anywhere in the front yard behind the setback area. In answer to Councilman Williams, Mrs. Hafner said a 30" fence in the right-of-way would help keep dogs out of the yard, however it would not give much protection from dder. She said if such permit was granted she would like to extend the side fences for the sake of appearance. She added that the whole point of her request was that a variance be allowed to permit the six-foot fence. In answer to Council- woman Campbell's question about the designer's responsibility to inform clients of Code restrictions, Mrs. Hafner said she had designed and constructed the fence her- self and didn't know of Code restrictions until the fence was partially built. She said she had been informed about use of plantings but she didn't feel that would keep animals out. Councilwoman Campbell expressed her preference for unfenced front yards to give an appearance of openness and no obstructions. In answer to Councilman Hershner, Mrs. Hafner said the fence if allowed would be constructed to the height of the posts shown in"the pictures she presented. She felt that height was needed for privacy from the street and neighbors' driveways. .-.-- ~ '''"' In answer to Councilman Murray, Manager explained that the oridnance regulating fence heights was adopted in March 1968 on the premise that general pattern of resi- dential development in the city would try to avoid the building of barriers between front yards and sight obstructions for traffic in the streets. They constitute a safety hazard for people backing from driveways. Mr. Haxton added that vision clear- ance in the instance of this particular fence was not covered by clearance standards at intersections. However, the fence would partially block the view of some traffic. Portion of the Code was read pertaining to granting of variances for fences. Council- 58 2/25/74 - 3 man McDonald called attention to the fence at the intersection of lath and Garfield. He said plantings would only attract more dogs, and people wanting their privacy should be allowed to construct fences. At the request of Mayor Anderson it was noted that original letter of appeal sub- mitted by the Hafners to the Zoning Code Board of Appeals was passed to Council members present. Mr. Williams moved seconded by Mrs. Campbell to uphold the Zoning Code Board of Appeals denial of variance for the fence at 2233 West 28th Avenue and that findings as set forth in the Zoning Board minutes of January 21, . 1974 and on file in the City Recorder's office be adopted by reference thereto. Mr. Williams moved seconded by Mr. Hershner that there be added to the motion the request that staff look favorably upon granting a revocable permit for a conforming fence within the street right-of-way. Councilman Murray said he would favor the motions. He thought the fence was attractive but he felt the Council was obligated to follow the Code. Vote was taken on the motion as stated and added to. Motions carried, all Council members present voting aye, except Councilman McDonald voting no. II - Consent Calendar Items acted upon with one~motion after discussion of individual items if requested. Previously discussed in committee on February 13, 1974 (Present: Mayor Anderson; Councilmen Williams, Hershner, Campbell, Murray, and Wood) and February 20, 1974 (Present: Mayor Anderson; Councilmen Williams, Hershner, McDonald, Campbell, Keller, Murray, and Wood). Minutes of those meetings are set out below in italics. _._~---_..._- _ ,-=O.__~_ _ ___ A. Mobile Homes for Office Use, Cascade Steel Fabricators - Copies were previously distributed to Council members of request from Cascade Steel Fabricators for use of , two mobile homes for offices. The request was for a two-year period at 1381 Bailey :Hill Road. Sketch showing proposed location of the trailers on the lot and memo : from Building Department were also distributed. Council looked at the property on ,tour; !Staff report indicated that State law regulates mobile homes for dwelling purposes i only. Mobile homes are being used in the Ci ty for office purposes, primarily at ; mobile homes sales lots, but there are no construction standards for that type use. : Staff further questioned visual .impact of the proposed trailer installation adjacent to the street. Manager suggested that if permission for the office use was granted . the installation should be approved with regard to fire inspection as well as . uniform plumbing and electrical standards. Councilman Williams asked about Code compliance with respect to mobile home offices ,now located in mobile home parks or at sales agencies. Manager replied that staff ihasn't had substantial direction in that regard. He said ~Qme of those in use are !in compliance with the Code, others are not designed for ();;;upancy uses. Mick Nolte, : superintendent of building inspection, explained the dilemma in considering mobile . home uses because they come under State regulations for living purposes only. State 'legislation would have to be adopted to give proper regulation to plumbing, electrical, i and structural elements for all mobile home uses to a higher standard than now applies !for dwelling purposes only. In addition, standards for exit requirements, sanita- I ! tion, etc., should be set. Technically, the bui lding department cannot now approve 'mobi1e homes for use other than as dwellings, he said, and there are no standards ;or criteria on which to base occupancy permits for other uses. Manager added that normally buildings must meet standards of the Uniform Building Code. However, the ;State sets standards for manufacture of mobile homes different from the UBC, and !there are no standards for comm~rcial or office occupancies. Temporary permits have been granted by the CounciJ -for those types of uses now existing in the Ci ty. :Councilman Williams said there would not seem to be so much conern with safety ,hazard of trailers used for office purposes as with those used for residences. And 'as long as permission had been granted for uses of tha t type, he said, there would. ~seem to be little choice but to grant this request. He added that if it was granted lit should be with the condition that it would be revoked if at some future time the ,Council determined to eliminate office uses of mobile homes unless they comply with . the UBC. Mr. Williams moved seconded by Mr. Murray to grant permission for office use of two mobile home trailers at 1381 Bailey Hill Road for two years, reserving the right to eliminate this use whenever office use of mobile homes is eliminated in the City or required to come under the Uniform Building Code. ~9 2/25/74 - 4 .- 1785 .~ 1804 .~ . ,- " 1 '. ." , : Councilwoman Campbell wondered whether other conditions could be included to ensure ,open space on the lot. It was suggested that staff could work with the applicant , to achieve visual improvement. . Vote was taken on the motion-as stated. Motion carried unanimously. I COmIn 2/13/74 Approve . Councilman Williams suggested that applicant be advised that the request would be , taken up at the February 25 Council meeting at which time appearance could be dis- : cussed. ,-~--..~_.---. -'--"'-"" ".-.._..~...., . .-. "'-'~'.."'" . ..-.--~- -- . ~.._- .~..'-_...._._.. ........----.. "__"...:0.-__. _ +.~,,~"'..~___v_..~..-. -.~..........---_._,_.__. B. !Improvement Peti tions u. Sanitary sewer, Hult's Subdivision (located south of Kevington off of Warren Street) I Petitioned by owners of 100% of property to be assessed. Sewer is to be constructed by private contract, with Council's permission, and with no other City involvement than design and inspection. '2. Sanitary sewer between 160 feet west of Sunshine Acres Road and 110 feet east of VanDuyn Street and from 120 feet south of Bendix Avenue to 160 feet north of Mahlon Avenue Petitioned by owners of 26.8% of property to be assessed. Sewer would serve a subdivision developed prior to annexation to the City. Council viewed on tour. e \." . councilman Williams stated his reluctance to accept a petition signed by only 26% of those to be served. However, he felt sewer service to that area was inevitable, maybe even under health hazard laws if not installed through petition. He thought deferring action at this time would be a disservice. COmIn 2/13/74 ,13: Paving Corydon Lane from between Forrester Way and Tandy Turn to Tandy Turn APPfove Petitioned by owners of 50.7% of property to be assessed. The street is a divid- ! . I port~on was not paved to standards ' of its development. Only the owner the east has signed the petition. ing line between subdivisions and the south because it was outside the City at the time of property abutting the unpaved portion on 4.; Paving Snell Street from East Amazon Drive to Snell Court; sanitary sewer between East Amazon Drive and Dillard Road from Snell Street to north and east 300 feet Paving petitioned by owners of 24.0% of property to be assessed; not in favor - 16.4%; no response - 59.6%. Sewer petitioned by owners of 100% of property to be assessed. The street is an unimproved connection between paved streets with new homes on one side, older homes on the other. The project was previously dropped because of protest. Property ownerships have since changed. I I i ! ' Mr. Williams moved seconded by Mr. Hershner to accept the petitions. Motion'car- ried unanimousJy. -,or -- . 5.peti tion," paving alley between Ipearl and High ,Petitioned by owners of 50% of Mr. Williams moved seconded'by : "'!Ea nimo us 1 y . ~j. .--......:......-..,..... 13th and 14th from" Pearl to north/south alley between\ i property to be assessed. Council "viewed on tour." / Comm Nr. Wood to accept. the peb bon. Motion carried "/2/20/74 ,/ "-_______...._u". . "~/ Approve . ~- -- - ~_~.. ___.-..i-... C. rE~ity Purchase, Monroe Park and Danebo Area Park - AuthOrization was requested- i to exercise options on properties at 868 West B,roadway (Leavitt) ($21,000 -ap- I praised at $20,000) and at 850 West Broadway (Ball) ($16,300 - appraised at $16,000) i toe complete property acquisition for Monroe Park,' and on property at 2333 West : Irwin Way (Christensen) ($3,075 - appraised at $3,075) for accumulation of land : for a park between East and West Irwin Way. Locations of the properties were ! pointe~ out on a map. Funds for the purchaes would come from recently approved bond issue for park acquisition and development. ,Mr. Williams"rroved seconded by Mr. Murray to authorize the purchases. I , i i Comm 2/20/74 !Approve I . :Cou~cilman Murray hoped that some attempt would be made to move some of the older : homes in fairly good condition from the Monroe Park site. Also, that one would : be . pr~serve~ w~ thin the Pd:k, ~ tself. He thought thepreserva tion o~ o~e of the I iex~st~ng bu~ld~ngs would f~t ~nto the general area better thana bu~ld~ng of ' !totally new design and construction. Councilwoman Campbell concurred, suggesting} : it could be used for office space or for arts and crafts. " :In answer to Mayor Anderson, Manager said toe Active Bethel Citizens had asked ./1 ! that a park he developed in the area of the proposed Christensen purchase. In i answer to Councilman McDonald, Manager said the homes in the Monroe Park area '1 . i · were pr:J. va tel y owned. i I J Vote was taken on mot~on to authorize purchases. Motion carriedunanimou~ly. .... too 2/25/74 - 5 __ - __ __. .__ .'__~ - ._.0______- D. Room Tax A'llocation Recommendatio~---::-fubi-~-;;"ry'-7 ,-1974- .= copicsof~~;;;t--;~~'-''-,\ previously distributed to Council members recommending allocations to: \ Summer Workshop and Festival of Music (requested $7,500) Eugene Wind Ensemble (requested $1,000) $ 5,000 750 \ \ Comm 2},20/74 Approve allocations. \ . . Mr. Williams moved seconded by Mrs. Campbell to approve the recommended Motion carried unanimously. Councilwoman Campbell displayed a brochure distributed at the last symphony concert listing the city of Eugene as Grand Benefactor and expressed appreciation for recognition in that manner of allocation of revenues. E. proPosal for ScTentifJ."c Assistance, Urban Technology System - Public TechiiOlogy','fIic.i has selected Eugene as one of 27 cities in the 50,000 to 500,000 population range to be offered an opportunity to experiment with advantages of having a trained scientist available to assist in applying industrial and space technology toward : solving urban problems. The program would place a scientist in the Manager's office/ ,for three yea:r;;;, backed up py a research organization. The. Ci ty will determine l - pi;jects on which he will work, paying 10% ofiiis'sala;y"for each"ofthe firs"i;<~~ years, 80% the third. Primarily, technical types of problems would be considered ' ,in an attempt to meet needs not now_-being met. Information developed will be ex- :changed to avoid duplication and to give benefit of developments to all cities par- I ticipating in the program. The program is being funded by National Science Founda- ,tion a'nd will include facili ties for backup research to give assistance to the 'assigned scientists in those areas where they do not have the ability to develop the needed information. NSF will also pay conference and travel expense for meet- ing to which the scientists may be called and fringe benefits in addition to their portion of the salaries for the three years. The City will provide office space, ,secretarial help, and incidental expenses plus the 10%/80% of salary. - Manager recommended serious consideration of acceptance of the offer. He said the program was designed so that cities have major input into the selection of the kinds , of work to be done, giving the opportuni ty, for work toward Eugene's problems for : which staff and technology were not available. The City would also be involved in screening and selection of the scientist to be placed in Eugene. Contractual ar- , rangement for participation in the program would provide for cancellation upon 30 days notice if there was d:j.ssatisfaction with what was being produced. i In answer to Councilman Murray, Manager explained that the type of scientist would : be one oriented toward physical sciences rather than the humanities or arts. A con- . suIting firm has been employed to assist in recruitment. Specific salary to be paid . , was not known but those sought would probably be people wi th technological-and educa-', tional background having considerable practical experience in industrial or space operations. The annual salary was estimated about $20,000 per year. : Councilman Williams asked if his understanding was correct that if the program had ~been working for most of two years and at that point the City was dissatisfied with I what was being produced" the contract could be canceled. Manager answered that it ,could, although it would seem if the'program had been working satisfactorily for : that period of time the City, would .keep its commitment and continue for the third :' year, He said there was no other s.ignifjcant comm,i tment on the Ci ty' s, part other (than the '10%/80% salary, office space, secretarial help, and incidental expense incurred wi thin the Ci ty. . . I Councilman MU~ray wondered whether the Council would have the opportunity to decide ;on whether to accept: the program after a specific salary was known. Manager ex~ plained that in order to participate in the program a contract would: have to be, :,signed. -Recruiting, and selection process would not start until therE; was a fir~ contract. It was presumed that if during that process no one,suitable could be found in the expected salary range the contract could be canceled at that point. 'He added 'that the program is to be underway by May 1, and PTI needs to know so that another di ty could be selected if Eugen'E! did not accept the offer. Assistant Manager said there were many applications already placed by comp'etent people with experience' :;in indust;ial and space operations who probably could be reeruitedin the $20,000 , irange (throwing .in the ~dvantages of living in the Emerald Empire for a couple of years).; " Councilman Hershner asked for examples of .the types of projects which might be pur- sued. Manager answered that there had been no effort 'to determine priorities on the FtyP~s of projects, but it was hoped to develop such things as public uses for cable Itelevision, better utilization of data processing, better methods for determining ; priori ties' on street repair, etc. Assistant Manager added the potential merit on a :'nationwide basis of devel.opment of a bette;'ground cover under playground equipment tp.rithout ~aintenance problems. e>- -,:'~ I i . ~, 2/25/74 - 6 .... .' . . Councilman MCDonald. was opposed to use of outside people and the cost of providing 'office space and secretarial help. He felt a present staff person could be assigned to that type of work. Councilman Williams said the program was more to see whether ;:the knowledge and experience of the massive numbers of scientists formerly working 'wi th the space program could be transferred to production of practical solutions to ,urban problems. He felt that there was some obligation to provideemp1dyment for (those people, and that at $2,000 per year it would seem a worthwhile experiment. , "" : Counci'lma-n Keller also thought the cost faCtor was small when considering the ob- 'jective. And he had :no objection to bringing in a capable person from the "outside."; 'Mayor Anderson cominented on his observation of staff people and their lack of time, to develop the type of projects proposed because of attending to routine, day-to-day : problems. He felt the money very well spent for a well-qualified person to be as- signed to some of the tasks mentioned. .' :Mr. Williams llOvedseconded by Mr. Wood to accept the proposal and authorize the ~q~~:~.~~_._._._. ---.--..-.---- . ~"'." . :Councl1man McDonald said he would vote against the motion. He felt there were ;enough intelligent people on the present staff who could do the work. And he was i'concerned about committing funds for- office space , secretarial help, and the third year salary. He was in favor of cultivating local talent. Manager didn't disagree land said any staff person qualified was free to apply for the position. However, :if the City was going into research and development operation it would mean assuming ! the entire cost of the operation. Also, the person taken from the existing staff j' would have to be replaced. Comm 2/20/74 -Approve [Councilman Murray asked whether a list of possible projects could be prepared for ,Council to decide priori ties. Manager answered that the first function of the : person employed would be to develop a set of choices of. projects on which to work :and that could be brought back to the Council. : Councilman Hershner said he was in favor of accepting the proposal, particularly in :.viewof the 30-day escape clause in the contract. Councilman Murray also favored acceptance.' However, he expressed the point that unless ,there' was genuine dis- ,satisfaction the City should feel obligated to the entire three-year program. Mayor Anderson agreed, saying he was confident that for the money expended the right :person should be able to produce some real developments. . , . 1833 Vote was taken on the motion as stated. Motion carried, all council members voting. aYe.L~~C:ElR~ J:1:-... M_c:lX?!!al<i._":.~E!:~51.~o:..m .......u...__.. ...... u..._.._.... ".. __........_. -...__......~--.--_.h_-r At the request of Frank Bonson, 390 West 23rd Avenue, Manager reviewed the proposal as set out in the committee minutes above. Mr. Bonson noted recent authorization for expenditure of funds for a planning study in the Goodpasture Island area which he felt could have been accomplished by the planning staff. He questioned the amount being spent on the present proposal for scientific assistance. He felt Council m~nbers should be more aware of rising costs of city government, noting the expansion of every department over the.last two years. Hr proposed further analysis of the present proposal to see whether the deslred,results could be achieved another way. F !. Mayor Anderson answered that the Council was concerned with proper :x~enditure of revenues. In this instance, he said, it was felt the proposal would be of deflnlte value. F.;.RMBLicense - S~ttisRestaurant, 100 East Broadway - OLCG report showed no objections . ,:.from people occupying adjacent properties. r ~. I <r,' f Mr. Williams moved seconded by Mr. Wood to recommend approval of the application. j , In making the motion, Mr. Williams asked that the application be an item on the : consent calendar at the February 25 meeting but that anyone Objecting be given an : opportunity to be heard at that time. eomm 2/20/74 Apptove , ;.:,o~.~,,_w~~ _~t_~~,~~.. o~n. ~~.~~~ti ~~ ."-_ M.~ ~.~:C:2 ~~:.:. ~=~_. ~!:~.l!.~~ousl Y...:.__ . .._._..._ .. __._..__...._.....J e G. : A~sessment Hearing Report - February 18, 1974 - Copies of hearing panel reco;;'enda- ;tlons on proposed assessments were distributed to Council members! ,it , Present: Councilmen Williams and fAlood; City Engineer; Assistant Finance Dil'ect:or. ~ Assessments to be, considered i . I }. ;,. , -i , . by Council on February 25,1974: C.B.456 - Levying asseSSments for sanitary sewer on Bertelsen 11th Avenue north to Amazon Creek (72-63) No written protests received, and no one present Objecting to L.--.7.:;:::-----~____ Road from assessmelltD. .-.----.---.---. ----' b2. 2/25/74 - 7 --..- --'--.--;~,---------'''''''- --~.__..~ -.- - - - . . ._.,..----.# City Engineer reported contact with Mrs. Nolan Scheid by telephone wllCroin Hrs. Scheid said her husband would be present at the hearing to pl'Otcst the " amount of the assessment. However, he did not appear. City Engineer exPlaillo(,~j that the project waspeti tioned bu Nolan .scheid., .Contract ,was subsequunt III . '-awarded after approval of cost by George Wingard from whom the property was' purchased by Mr. Scheid. Mr. Scheid is now protesting that the cost is too high (estimated 8 ~ 79 per squar~ foot, actual assessed 8 .lr;per square foot). There was no protest at public hearing when contract was awarded. Notice of hearing was returned from the first address used and resent to a new address, after which call was received from Mrs. Scheid objecting to the cost. Recommendation; Levy assessment as proposed. 2.C.B.457 Levying assessments for paving, sanitary and storm sewer on Kimberly Drive within' 1st Addition to Firland Heights; sanitary and storm sewer to serve area lying within 500 feet of that section of KimberlY~Drive located in 1st Addition to Firland He,ights (73-19) NO wri tten protes~s recei,ved, and no one present objecting to assessments. Recommendation: Levy assessments as proposed. ------~ 3. C.B.458 - Levying assessments for paving and storm sewer on east half o~!!est Lane from Willakenzie Road to 500 feet north (73-11) No written protests received, and nO one present Objecting to assessments. Reco~mendation: Levy assessments as proposed. . II Mr. Williams moved seconded by Mr. Wood that the report be an item on the calendar for approval at the February 25 Council meeting. Motion carried " Comm 2/20/74 consent Approve unanimously. H. 'iipPo1.ntment, ScuLptor Selection Committee - Mayor Ander's-on-annou-nced'appoint;;~;;t ; ,of a committee to review materials with. regard to sculptors taking part in' the International Sculpture Symposium to be held in Eugene during the summer of 1974. :The committee was charged with making recommendations on selection of an artist :to create a monumental sculpture for permanent location in.the City. :rhe com- ,mittee: Councilwoman Campbell, chairman, and Councilman Williams and the Mayor. I. Logging, Oak Hills - Councilman Murray said he had received in the Oak Hills area which is within the boundaries of the It was understood staff would make inquiry and bring back a reports of logging South Hills sbud,y. ~ report. ~ J. Growth Costs, Alley Assessment Subcommittee - Copies were distributed to Council :members of a drafted motion presented by the Council subcommittee appointed to ..sJ;l.{dy the method for calcula ting alley and street assessments. The motion would request staff to investigate the co~t of a study to determine cost of capital ,expendiEures and services required to meet the needs of a projected city popula- : tion in 1990. Councilman Hershner explained that the draft was brought at the ,:request of Councilwoman Beal and that it was not to be considered a report of '~ the assessment study committee. It was understood the subject would be brought : back for discussion at a future committee meeting. ..... - K. City Representative, LCOG Alternate - Council members accepted Co'uncilman Williams offer to serve as alternate to Councilman Wood as representative of .l.t~ . . . ,the Ci ty ::Orl the LCOG Board. Comm 2/13/74 Affirm Comm 2/13/74 Affirm Corom 2/13/74 Affirm . Comm 2/20/74 Affirm citizen Appointment, Regional Sewer co~issio;--":'-It~'was understood Mayor'Anderson Corom wquld name the citizen representative from Eugene on the Regional Sewer Commission2/20/74 Councilwoman Campbell had submitted three names and it'was suggested that staff Affirm alsp^offer names from which the ,selection would be made. L. M. r' -- - --- .-. !parking Permits, Disabled and Handicapped - Councilman Wood wondered whether janything had been done to facilitate parking for the physically disabled. Manager 'explained the presentpermi t system handled through the traffic division of the ,-Public Works Department for the physically disabled or handicapped. N. !'sign Cont'ro'l ;---; v~hi;l'~~"'-' Copies were -- prevlo-usiy "fu;;;i~};~d C;~ncil m~mbe;~-;i--~-\ letter from Bud Nixon, director of Businessmen's Sign Committee, requesting sign \ i' control legislation for moving vehicles. ,Manager suggested referral to staff or ; planning Commission for further exploration if the request was to be considered. He, added that the Planning Commission at the time of adoption of the present Sign Code did consider whether to apply con'trols to- commercial vehicles and decided not to pursue it at that time. . , i "'3 2/25/74 - 8 , Comm '2/13/74 File -- " .~ , - / Mr. Nixon said the Sign Code was discriminatory. He called attention to numerous trucks' almost completely covered with advertising operating in the City. He felt : the Sign Code should apply to all business firms regardless of whether they were stationary or mobile. The Businessmen's Sign Cownittee, he said, would help in any way possible to draft legislation which would serve to more equally apply re- strictions of the Code. - ; tSidney Miller, 44 North Grand Street, noted that any truck operating under PUC :regulations was required to have the firm's business name on the truck identifying ;the operation for which the truck was used. He felt application of the Sign Code ,as requested would be detrimental to small businesses working only from vehicles. , iCharles Potterf, 2685 Floral Hill Drive, supported the request, saying the Sign :Code should be applied equally to all businesses: There should be no exemption~ : he said, because a sign was stationary. He noted that: many large business concerns", ;advertise with trucks. In response to Mr. Miller, Mr. Nixon said there was no in- Itent to make the regulations apply only to small businesses, and that the Sign :Committee's efforts were primarily directed toward large corporations having large ,trucks operating within the City. , :Councilman Wood moved,torefer the question to staff for consideration. There was ,no second. . , i iCouncilwoman Campbell asked whether the request was directed toward projecting signs on vehicles. Mr. Nixon answered that they were concerned with any type of sign on ,any portion of a vehicle. They are used as mobile advertising, he said, and as such can move through any district, residential as well as commercial or industrial. He said his Committee felt the Sign Code should not be confined to just those f businesses having bui.1dings fronting on a street or sidewalk. They are restricted ! in the size of an area which can be used for advertising in certain districts, and ,h~"" fel t that same restriction should apply to vehicle,~ ~"""__"_h__' "" .' .-......-. ~._~~.-...~ '-"._~'~--_~..1....-'...J. 'Councilman Murray thought it inappropriate to adopt legislation based on arguments ,of business competition. He was reluctant to refer to staff unless further study lof the question was really desired. -- 'Councilwoman Campbell asked whether there were any restrictions on structural signs attached to vehicles. City Attorney answered that the Sign Code applies to the ;use of land and is analogous to the zoning ordinance. He said it applies the same: :to all land users within the City and in that sense is not discriminatory. .' iMayor Anderson said the Sign Code was adopted primarily for betterment of the 'aesthetic qualities of the City and had a great deal of Support from people and organizations within the community. He said signs and lettering on vehicles was a I , !matter for State legislation rather than City. He added that problems of enforce- :ment could be anticipated with the proposed regulation because of vehicles coming 'into the City from other places. He suggested not proceeding unless there was some, demonstration of public interest from other segments of the community. I Comm ';2/13/74 File ,No action was taken. l___ --~._~____.___ . ~""'''''..n_...___.__.-,. ".:.:u. Councilman Williams noted that he WQuld abstain from voting on this item. O. Tree Preservation Advisory Committee - Meeting scheduled for this evening, February 20, in the Council Chamber at 7:30, Councilman Wood announced. Coram 2/20/74 File P. South Willamette Walkway - Councilman Keller reported receipt of an anonymous letter with regard to a walkway obstruction in the street right-of-way on South Willamette. Comm 2/20/74 File At Councilwoman Campbell's request it was agreed this item would be scheduled for dis- cussion at the committee meeting on February 27. -- '\,..' "'V'" Q. Hearings Officlal~ Expanded Use '- In answer to Councilman ~urray, John Porter, ;planning director, said a preliminary draft of recommendat~ons on types of ':issues which could be handled by the Hearings Official soon would be sent to rthe City Attorney for review. It included hearing portions of such things as :zone and sign district changes and possibly'portions of planned unit develop- m~nt procedures. After legal opinion is received ,as to what can be handled 'by the Hearings Official under State law, the recommendations o/illgo to, the ,Planning Commission for recomm~ndation to the Council., i R ;'Dog Control - Councilman McDonald strongly urged that something be done about . !violations of the leash law. He thought something should be done to stop the !practice of letting dogs run loose at night, littering lawns and shrubbery. Jie didn't want to see more money expended for enforcement..9S _~h~ _leash law, but Corom 2/20/74 File G:A 2/25/74 - 9 .' - _. ----- -.---+ ,he fel t 'thatenforcemf:mt should be given higher pr1.ority-: --".fanager said' enforce- 'ment was a matter of manpower, money, apd public support. He said the leash llaw was being enforced on a complaint basis through the Sheriff's office under :contractual arrangement. Should a higher level of enforcement be desired, money would have to be appropriated for that purpose. . Mayor Anderson suggested consideration by the Budget Committee. 'If other, :Council members support the request, money could be included in the budget. ;.; S. cOLeC Temporary Rules re: Criteria for Licenses -.Copies of temporary rules adopted by the OLCC January 21, 1974, to be effective for 120 days were p~evibusly Comm . distributed to Council members. It was suggested that any suggestions or recom- '2/20/74 ;~endations on the rules be submitted to Manager's office for transmittal to the ) File .Commission. Attention was ~rected to Community Criteria stated~'n the rules : which would be especially helprul in making recommendations to the Commission Ion liquor license applications. .' .' ., ' T. Fire stiDon"Locator Process - 'Through mem1Jershipln Public Technology, Inc:;'-Ehe City has been involved in a program of fire station site location by a computer selection process. Chief Hall explained difference between this, and the traditional 'method of selection by distance only. The new program takes into consideration type of streets, natural barriers, railroad; etc.; establishes fire demand zones and ,travel time from a focal point in a zone to its limits; and gives the time it would , take apparatus to reach locations within a zone in terms of numbers of alarms and . si:;!quence of arrival. He introduced those involved in the study: Darwin Lajoie, Bruce Dalros, and Gary Hanson of data processing; and Gerald Runyan of the fire de- , par tmen t . :1 ,.. . . :Mr. Runyan with the aid of charts and overlays explained the process of determining . the fire demand zones taking into consideration major arterials and land use informa- , bon to designate available sites. Present fire station sites; streets - through, ,one-way, and direction if one-way; speeds of fjre equipment; intersections; natural . and man-made barriers were considered in determining the focal point of each zone from which no more than a three-minute travel time was figured. First printqut ; gave highest priority to the Delta Highway area for location of a new station. Data ,on 1973 fire runs now being 'put together will determine whether there would be changes in those results. The study, Mr. Runyan said, was still in the process of : considering populations and values of land improvements to determine highest risk . areas. I . \In answer ,to Councilman Keller, Mr. Runyan explained the factors taken into considera- (tion in determining travel time for certain distances. Computer has tested informa- Ition picked up since start of the year. Some variations occur because of time of ! d~y, weather, etc. . Councilman Wood wondered whether computer information would be able to determine : from types of structures, population, density the choi~e between purchase of another ,piece of equipment or construction of a new station. Also, how to cope with trains 'blocking crossings. Mr. 'Lajoie answered that 'the study to this point was involved only with characteristics of fire demand zones themselves, all are considered equal. iBut the model does allow weighing one over another. Alternate routes are picked by ; the computer for fire equipment when there are barriers, he said. However, the run ,time would be affected and perhaps another station could respond more quickly than ,the initial choice. '.' Councilman McDonald wondered whether grades of streets were taken into consideration. -He also mentioned the,difficulty experienced by fire engines in getting to 28th Avenue :in the southwest section. He expressed concern about permitting development in the South Hills if areas there were inaccessible or difficult to reach with apparatus. Mr. Runyan answered that grades and speeds at which the engines could travel were both take~ into consideration in the site selection process. He pointed out certain !areas in the Ci ty where response time would be slower because of difficul t access. .In answer to Mayor Anderson, Mr. Runyan from the ..time the engine pulls from the both are,given from the truck by radio. engine leaves has to be added. explained that the run time was measured station to the time of arrival at the fire, Time elapsed from dispatch to when the €omm 2/2(iJ/74 File '.,' Manager said the same process can be used to analyze location of present stations :and evaluate whether there should be future change to give more adequate.protection. :Also, it can be used to locate other kinds of city facilities such as community center buildings. (oS 2/25/74 - 10 '. '1875 1880 . . . u. ,Correspondence re: 1990 Plan Update - Copies of letter from Alvin W. urquhart and others and response by Lee Miller, secretary of the Metropolitan planning Commissions' Co-ordinating Committee, were previously distributed to Council'members. The corre- i Comm __~l!.o'1~=nc~ ha~ reference}:(),_~~nuc:lr,:~ie.~ a~d up~c:trng of the 1990 General Plan. ~//2~~~: v. J~a~o~Lne Sho~tage ~ Mayor Anderson commented 'on the outstanding -staff work inn'pfl~par-, ' ~ng ~nformat~on go~ng to Salem and co-operation achieved from distributors and dealers :in the communi ty during the current cri tical gasoline shortage. He said he received iword that the presentation at the State level was excellent and played a large part ,in getting a fair share of the State's allocation. He expressed appreciation for the ;helpfulne~s of the gasoline dealers ~n providing informa~ion, and to the Fire Depart- ~ment for ~ts surveys, saying the Council should feel ve/ 'I satisfied with the way. the C ,. . omm : s~ tuat~on was ~a~dled .'___"~"h_'___' -:yn_._'_______2,L20/74 File Mr. Williams moved seconded by Mr. Hershner to approve, affirm, and file as noted Items A, through V. Rollcall vote. ~otion carried, all councilmen present voting aye, except Mr. Williams abstaining on Item N - Sign Control on Vehicles. III - Ordinances Council Bill No. 456 - Levying assessments for sanitary sewer on Bertelsen Road from 11th Avenue north to Amazon Creek (72-63), read the first time on February 11, 1974 and re- ferred to assessment hearing panel for recommendation, was brought back with recommendat'ion to adopt and read the sec0nd'time by council hi'll number only,' there being no' councilman present requesting that it be read in full. 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 16989. Council Bill No. 457 - Levying assessments for paving, sanitary and storm sewer on Kimberly Drive within 1st Addition to Firland Heights; sanitary and storm sewers to serve area lying within 500 feet of that section of Kimberly Drive located in 1st Addition to Fir- land Heights (73-19), read the first time on February 11, 1974 and referred to assessment hearing panel for recommendation, was brought back with recommendation to adopt and read the second time by council bill number only, there being no councilman present requesting that it be read in full. 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 16990. Council Bill No. 458 - Levying assessments for paving and storm sewer on east half of Best Lane from Willakenzie Road to 500 feet north (73-11):,read the first time on February 11, 1974 and referred to assessment hearing panel for recommendation, was brought back with recom- mendation to adopt and read the second time by council bill number only, there being no councilman present requesting that it be read in full. Mr. Williams moved seconded by Mr. Hershne that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16991. IV - Resolutions Resolution No. 2258 - Calling hearing March 11, 1974 re: Mobile home use for office space at 1381 Bailey Hill Road (Cascade Steel Fabricators) 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. 2259 - Calling hearing March 11, 1974 re: Withdrawal from Oakway.Water District of area annexed by Boundary Commission Final Order 191 (between Goodpasture Island Road and fir Acres Drive east of Russet Drive - Council Resolution 21l2-10/9/72)(Pioneer Investment) 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. 2260 - Calling hearing March 11, 1974 re: Withdrawal from OakwayWater District of area annexed by Boundary Commis~ion Final Order 183 (at Bonnie View and Sarah Lane - Council Resolution 2179 - 5/14/73)(Allender) 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. lob 2/25/74 - 11 Resolution No. 2261 - Authorizing payment of bills and claims for period February 11 through 25, 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. 1901 ~y City Manager -. ."""'"'' . r , .~ 'oi 2/25/74 - 12