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HomeMy WebLinkAbout04/08/1974 Meeting *- M I NUT E S EUGENE CITY COUNCIL April 8, 1974 0450 Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on April 8, 1974 in the Council Chamber with the following councilmembers present: Mr. Williams, Mr. Hershner, Mrs. Beal, Mrs. Campbell, Mr. Keller (left early), Mr. Murray, and Mr. Wood. Coucilman McDonald was absent. I - Appeal, Planning Commission October 2, 1973 denial of rezoning from RA to R-2-3.9-PD on property between 1-105 and Kins Row, Centennial Boulevard (Earl GFeen) . Rezoning between I-5 and Kins Row, Centennial Boulevard (Earl Green) - Copies of Ci ty Attorney's memo recounting the history of th€~ request to rezone this property were previously distributed to Council membe'rs. The Council voted in February to rezone the property but at that time, because of negative recommenda- tion from the Planning Commission, findings supporting the rezoning and the ordinance effecting the change were not prepared. The issue was postponed to a subsequent meeting at which time different representation of the Council declined to accomplish the rezoning and there were no findings adopted supporting the negative vote. City Attorney advised that preparation of findings supporting both views would be appropriate for consideration at the next Council meeting, at which time the appropriate findings could be adopted in line with the majority decision at that time. Manager said there seemed to be no legal risk in de- veloping findings on a controversy supporting both sides of the issue; it would be a matter of judgment on which findings state the stronger case. City Attorney also pointed out that in order to strengthen the record it would be appropriate for those Council members who were absent from some of the meetings at which the issue was discussed to so state and to indicate they had studied the record of the meetings missed. If the record of meetings missed had not been studied, then the Council member should abstain from participating in the decision. City Attorney added that to correct the action previously taken, under th~ Fasano ruling, findings supporting the decision must be adopted and in the record. Manager suggested any anticipated absences from the April 8 Council meeting should be noted and then a decision made on whether to take the issue to that meeting or postpone it. There was no indication of any anticipated absence from that meeting. rill' Councilman McDonald wondered whether precedent was set in reversing the action of the Council at the February 25 meeting. He said it was a regular meeting with a quorum present and he understood the action taken at that time should stand. Manager explained that rezoning approved at the February 25 meeting was not accomplished because the ordinance and findings supporting the change (re- quired by the Fasano ruling) were not prepared. At the following meeting a dif- ferent Council majority was present and voted not to ,proceed with the change but findings supporting that position were not prepared, so disposal of the issue at that meeting would not have been legal. Councilwoman Campbell asked if there was precedent in having a rollcall prior to a meeting on rezoning and whether there would always be a prior rollcall in the future. Manager agreed a problem existed, particularly when the vote was fairly evenly divided on an issue. One council member absent would necessitate staff having to be prepared to respond in either direction. He said a prior rollcall would not be a matter of course in the futur,e. Comm 3/27/74 Affirm It was understood findings would be prepared supporti.ng both affirma ti ve and negative positions on the rezoning for distribution to the Council before con- ,sideration at the April 8 meeting. ~ r. ' .-... . Findings, Earl Green Rezoning (between.'Kiils Rowand I-10S, Centennial Boulevard) _ I Copies of findings supporting the rezoning of this p,roperty to C-2-]. 9-PD were ,distributed to Council members. Also distributed were excerpts from Planning I Commission minutes of October 2, 1973 supporting the Commission's recommended : denial of the rezoning. It was understood the issue would be on the April 8,1974 ! Council agenda. ~---;- .,-.... -'--' -'~_'__'_"~-._"":_-_._~.~_,___.,..______"....._... ..._._ .._.'_ ,.__........ ..__.,~..__.._-:-<.__..........._._..::::.._. .~--.. .-;. .;..._4.'.... ....-.... "0 '":"'.- .u -'"7.:'-"'"7, '. .,-c~:-.._._..:-;-------' Co rom 4/3/74 Affirm ~ .. At the request of Councilman Keller this item was taken out of order (Item II-J and K on Council agenda). He had indicated when inquiry was made in committee about attendance at this meeting for action on this appeal that he would be present. However, he was unable to stay for the entire meeting. Copies of letter received from Richard Cleveland, attorney representing Earl ?reen, w~re distributed to Council members. Mr. Cleveland requested postponement of the Hem unt1.l the entire Council was present (McDonald absent). Manager reviewed action on this request and the conflicting actions taken at different meetings of the Counci,l, depending upon which Council members were present. 2 ~i 4/8/74 - 1 Mr. Wood moved seconded by Mr. Keller to postpone action on the rezoning request. Councilman Williams was concerned that a precedent would be set of resolving issues on which the Council was split only when the entire Council was present. He noted that seven members were present constituting a legal quorum. Councilman Murray agreed that there would be no end to postponement of major issues when the vote was split if this item were postponed until 4 the entire Council was in attendance. ~ Councilwoman Campbell asked for explanation of=Mr. Keller's second to the motion for postpone- ment when the item was taken out of order at his request. Mayor Anderson answered that the issue was taken out of. order only because Mr. Keller had to leave early. Councilman Wood said he felt the only way to treat the rezoning request on a fair basis was to have the entire Council present. Councilman Keller explained that the reason for his second to the motion to postpone was the several conflicting votes taken on this issue at different meetings, and the general consensus in committee that all Council members should be present to resolve the issue. Mayor Anderson expressed the opinion that any business before the' Council should be acted upon so long as a legally constituted quorum was present. Vote was taken on the motion to postpone action. Motion defeated, ,Councilmen Keller and Wood voting aye; Councilmen Williams, Beal, Campbell, and Murray voting no; Councilman Hershner abstaining. Manager noted that this consideration was not a public hearing, findings supporting either denial or approval of the rezoning. both positions were previously distributed to Council members. Mr. Williams moved seconded by Mrs. Beal to deny the appeal and uphold the recommendation of the Planning Commission denying the rezoning, and that findings as set forth in Planning Commission minutes and staff notes of October 2, 1973 be adopted by reference thereto. rather the opportunity to adopt Copies of findings supporting Manager reminded Counci:1 that Council members Beal and Keller were absent from some of the meetings at which this rezoning request was discussed. Both said they had reviewed the record of meetings missed and were able to vote. Manager explained that staff had prepared a list of findings from the Planning Commission records supporting denial of the rezoning. He read that list. Vote was taken on the motion as stated. Motion carried, Councilmen Williams, Beal, and Campbell and Mayor Anderson voting aye; Councilmen Keller, Murray, and Wood voting no; Councilman Hershner abstaining. Mr. Williams moved seconded by Mrs. Beal to adopt the findings read as prepared by staff supporting the denial of the requested rezoning. Motion carried, Councilmen Williams, Beal, and Campbell and Mayor Anderson voting aye; Councilmen Keller, , Murray, and Wood voting no; Councilman Hershner abstaining. Councilman Keller left the meeting. II - Public Hearings A. Appeals, Planning Commission Denial of Zone Changes 1. West of Highway 99N, south of Concord, east of Jacobs - From RA to C-2 PD (Hansen)(Z 74-6) Planning Commission recommended denial on March 12, 1974. Staff notes and Planning Commission minutes of that meeting together with maps were previously distributed to Council members and by reference thereto made a part of this record. No Council member present declared the intent to abstain from voting on the issue. Jim Saul, planning department, explained that the property technically was under R-2 PD zoning. However, planned~ unit development plans were never submitted to allow finalization of the rezoning action. Mr. Saul described the surrounding zoning and development, including the Intermediate Education District development to the north. He said the Commission voted unanimously to deny the requested C-2 PD zone. Public:hearing was opened. William Neel, 241 East Broadway, representing the petitioner, identified himself as having developed the master pla~ of the area 'in the ownerQhip of Mr. Hansen surrounding the subject property. He projected slides showing plot plan of the subject property as well as surrounding properties, street layout, and zones. Qe 4/8/74 - 2 .~ ~ ~ , ~-- o. 0610 ..-.~'~ ~ , ~ 0671 . 0852 He said this piece of property had been isolated by construction of Jacobs Street from other,R-2 zoning, and was adjacent to C-2 property facing on Highway 99N and therefore inappropriate for residential uses. He suggested that C-2 zoning under planned unit procedures would give the Planning Commission extensive con- trol on the 'way the property would be developed. Commercial development with internal traffic patterns would divert traffic from Jacobs Street to Fairfield with signal protection. That would not be so with residential development. He called attention to the integrated plan proposed with a minimum land coverage. Mr. Neel continued that if the subject 'property was developed in mixed-family housing a barrier would have to be established between that type of development and the commercial area fronting on Highway 99N, emphasizing artificial divisions established by earlier property lines. He read communications received from Lane County School District 52, Oregon Lutheran"Laymen, Mr. and Mrs. Floyd Hughes, all favoring the proposed rezoning to C-2 PD. .~. .' .'\1 DeNorval Unthank, 2770 Capital Drive, architect for the lED development, called attention to the Bonneville power lines on the, property underneath which no build- ings could be const~ucted. He said too that the construction of Jacobs Street had changed the situation with regard to R-2 development. Public hearing was closed, there being no further testimony. '.' Manager reported that Craig Tomlinson, owner of apartments across the street from the subject property, favored the rezoning based on his belief that elderly tenants in his apartments would benefit from services which would be available on the site. 0951 It was noted that the only communic~tions received by the, City with regard to the rezoning request were those reported and read by Mr. Neel. . Mr., Saul reviewed the history of actions taken with regard to the property under consideration. The ,Commission in March 1972 expressed concern about excessive com- mercial zoning in the area and recommended R-2 I'D zoning for this property rather than the requested RP PD. That recommendation was accepted by the Council. In March 1973 the Commission was petitioned for C.-I I'D zoning on the same property. At. that time denial was recommended, the Commission citing specifically the lack of public need for the commercial zoning. That request was withdrawn by the petitioner and therefore not heard by the Council. In March 1974 request for C-2 I'D rezoning was filed on the basis of providing convenient commercial facilities to residents of nearby apartment developments. However, the applicant indicated to the Planning Commission that limited convenience commercial facilities would be provided on the first floor of the proposed facility, the remainder of the three- to four-story building to house business offices. Staff analysis pointed out, the proximity of the Gilbert Shopping Center plus other undeveloped commercially zoned property near- by; also that part of the C-2 property around the Gilbert Center was being developed in apartments. So the Commission denial was based on lack of demonstration of public need for the C-2 I'D zone, which lack Mr. Saul said was acknowledged by the applicant at the Planning Commission meeting (public need in terms of total acreage under commercial zoning vs public need in terms of co-ordinated comprehensive design- Commission minutes, 3/12/74). Mr. Saul called attention to the general policy ?tate- ment in the 1990 Plan with regard to strip commercial development and its provision for goods and services not easily accommodated in shopping centers, and the recom- mendation for establishment of criteria for strip commercial development in the Plan review process, especially in the Highway 99N area. He said that if commer-cial zoning was expanded in this area to include all properties in one ownership, recog- nizing that most of the properties in this area were split wirh commercial zoning fronting on Highway 99N and the rear portions zoned residential, it would have an effect on expanding commercial zoning on all single-ownership properties in that area: In addition, he said, the Commission questioned whether population in the Bethel~Danebo area would support additional commercial zoning. " 1062 Councilman Williams recognized the requirement to show adequate need for commercial zoning as a basis for zone change. However, he felt the highest and best use of property should be a consideration. The proposed deveropment, he said~ presented an aesthetical solution for use of that property and was supported by the neighbor- ing community. ,He wondered what alternatives there were to commercial zoning since it was obvious that single-family development would not occur. Mr. Saul answered that the Commission had not used the concept of highest and best use as the basis for planning or zoning. He said single-family development was not the only use available for the property. It is now zoned R-2 which would permit up to 18 units per acre. He explained that the Commission's concern in this area is the relation- ship between R-2 density level with adJacent cqmmereial property. Commission in deliberating on previous requests for commercial zoning in the area considered im- position of site review or planned unit procedures to ensure compatibility with development of this property to a medium density. That density the Commission feels is suitable for this property and can be adequately co-ordinated with existing developmen~ ,~;ur-r,<?,unding :i,1::~. .'. ., ~ k. ~<1 4/8/74 - 3 Councilman Hershner commented on the apparent conflict between the applicant and planning staff with regard to the degree of "convenience" facilities proposed for the property. Mr. Neel answered that a one-level convenience type commercial facility was considered when C-l zoning was proposed. After discussion with lED with regard to development north of the subject property it was decided that a building using limited ground coverage with some convenience commercial on the ground floor and office type uses on the upper floors (finance, attorneys, real estate) would be more compatible with the lED development. Mr. Neel added that he felt it important not to judge use of this property on surplus commercially zoned property in the Bethel-Danebo area. He repreated that traffic would be a matter of internal circulation because of adjacent Highway 99N,and called attention to the number of lED employes requiring considerable parking adjacent to this property which would be in keeping with the requested commercial use. ~.' Public hearing was closed, there being no further testimony. Councilman Williams said he felt obligated under the Fasano regulations to move for denial of the appeal because of the failure to show public need for the change to commercial uses. However, he disagreed with that requirement, saying he thought the property would be better rezoned. 1184 Mr. Williams moved seconded by Mr. Hershner to deny the appeal and uphold the Planning Commission denial of rezoning to C-2 PO, and to adopt findings supporting that denial as set forth in Planning Commission staff notes and minutes dated March 12, 1974. Motion carried unanimously, Councilman Keller not present. 1222 .- 2. West of Bailey Hill Road, north of 18th Avenue - From RA to R-2 (Rexius)(Z 74-4) Planning Commission recommended denial on March 5, 1974. Staff notes and Planning Commission minutes of that meeting together with maps were previously distributed to Council members and by reference thereto made a part of this record. No Council member present declared intent to abstain from voting on this request. Jim Saul, planning department, said the property on which rezoning was requested was part of a larger parcel extending to the west from Bailey Hill Road. Applicant's statement indicated intent of developing dwellings at R-2 density level as the need arose. Public hearing was opened. 1260 .' Ray Rexius, 205 West 31st Avenue, owner of the property, called attention to designa- tion of this area as R-2 in the 1990 Plan and said he felt adoption of that Plan was sufficient proof of need for the rezoning. He said the Commission felt that to develop the total area in R-2 would place a burden on streets, schools, and other services. He agreed and that was why he proposed developing,only a portion of it at this time with the balance to follow as needed. He noted that nearby Eugene Bible College had indicated'a need for married student housing. Also'the importance of developing the property in a manner compatible to the industrial area to the north. He indicated a willingness to dedicate right-of-way for landlocked property to the west, adding that he felt the property was appropriate for low-cost rentals for which there was a definite need. . Mr. Saul, planner, said that although the 1990 Plan did indicate this area appro- priate for medium density residential development it also provided for allocation of surplus land as a hedge against unanticipated population increases to assure sufficient availalbe hmd for that type housing. The Commission, he said, over the last two years had consistently held fast on further multiple-family zoning in the west Eugene area because of existing developments and 'the strain on public facilities. Mr. Saul also called attention to the planning for medium-density hous- ing in that';:,area on the assumption the West Amazon Parkway would be constructed. Because of the uncertainty of construction of that facility in view of the Charter amendment on limited access arterials the Commission had not recommended more R-2 zoning in that area. He noted that schools in the area were at capacity enrollment, and that the supply of R-2 zoning already available in ,the area would have some bearing on public need for the change. The applicant's stat~ment that the develop- ment would proceed 'as the need arose" left some question with regard to whether further multiple-family zoning was necessary. He continued that Mr. Rexius had indicated that development under site review or planned unit development procedures would not be acceptable, and the Commission because of the proximity of this prop- erty to industrial property to the north felt involvement of technjcal expertise necessary for desirable development. There was doubt that this property would function as an effective buffer against the industrial property because of different ownership of intervening property. . \00 4.08/74 - 4 1405 In answer to Councilman Wood, Mr. Saul said there was a high concentration of low-income housing in the ,west E~gene area, noting the various developments categorized as that, type' of housing. He did not know the ,specific acreage in undeveloped R-2~ ln answer to Mrs. Beal, but said there were five tracts west of City View. . Mr~,Rexius said it had been stated several times that he would not accept develop- ment under site review procedures. He said he had not rejected site review and ~hat site review ~ad,not been mentioned, to him. ' He did not feel he could, develop the property und~rplanned unit procedures but might be able to work with site review if he.knew what 'it involved. He said that although there mi,ght be available undeveloped R-2 land in the western portion of the city there was only one directly across the street in the immediate area, and he didri't know whether low-rental units were planned for that parcel. He noted the number of assessments for street improvement and sewers and felt his property had to be developed to meet those costs. He felt the property should be developed in conformity with the 1990 Plan. Recognizing the lack of :facilities for higher density, he said, he would not de- . velop the property beyond single-family density. He said he was trying to avoid future problem of single-family housing sandwiched between multiple-family and industrial uses. Public hearing was closed, there being no further testimony. 1465 . Councilman Wood said he was opposed to any further low~income type development in that area. Mr. Williams moved seconded by Mr. Hershner to deny the appeal and uphold the Planning Commission decision denying the rezoning to R-2, and to adopt findings supporting the denial as set forth in Planning Commission staff notes and minutes of March 5, 1974. Motion carried unanimously, Councilman Keller not present. " 1480 B. Zone Change west' of Coburg Road north of Country Club Road - From RA and C-2 to C-2 SR (Zellner)(Z 74-5) Planning Commission recommended approval March 12, 1974. Manager reported request from petitioner for postponement to. April 22 Council me.eting because he could not be present at this meeting. Legal advertisement was cancelled and staff recommended postponement. 1493 Mr. Williams moved seconded by Mr. Hershner to postpone the hearing to April 22. Motio~ ~arried un~nimously, Councilman Keller not present. C. Sign District Boundary Change west of Coburg Road north of Country Club Road - From Residential and Highway Oriented to Highway Oriented and Outlying Commercial (Rodman) (SDBC 74-2) , Planning Commission recommended approval March 12, 1974. Planning Commission minutes and staff notes. were previously distributed to Council members and made a part of this record by reference thereto. Councilman Williams indicated his intent to abstain from voting on this issue. - Public hearing was held with no testimony presented. Council Bill No. 496 - Changing Sign District Boundary west of Coburg Road north of Country Club Road to Highway Oriented and Outlying Commercial was read by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Hershner moved seconded by Mrs. Beal that findings. supporting the Sign District Boundary Change as set forth in Planning Commission staff notes and minutes of March 12, 1974 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 number only. -- ,Mr. Hershner moved seconded by Mrs. Beal that the bill be approved and glven final passage. Rollcall vote. All councilmen present voting aye, except Mr. Williams abstaining (Councilman Keller not present), the bill was declared passed and numbered 17028. 1534 D. Code Amendments 1. Section 9.706(2) 2. Section 9.721 - To allow 10 days for submission of written findings by Hearings Official To provide for elapse of one year before refiling of an identical of substantially identical request for conditional use permit in event of a denied application L ____ \01 4/8/74 - 5 Planning Commission recommended approval on March 12, 1974. Jim Saul, ,planner, explained that at present Code provided for submission of written findings within five days of hearing date without specifying whether calendar or work- ing days. Problems have ,been encountered when applicants request findings within five calendar days if holidays or weekends intervene. - " -'J. ':--'= With regard to refiling of applications for conditional use permits, Mr. Saul explained some experience with denial of conditional use permit only a month or so after a previous denial of the same use. He noted a limit of one year for refiling of applications on rezoning, planned unit procedures, etc., and said a like provision covering conditional use applications would relieve an unnecessary burden on both the public and city staff. It was noted that the amendment provided for exemption of applications on file at this time. Public hearing was opened. Gordon Elliott, 1287 Irvington Drive, objected to the one-year limit on refiling. He felt it too long a time. Smaller properties were involved, he said, with limited financing. He suggested a shorter period of time before refiling the second request, with the one-year limit more appropriate for a third request. Manager noted that Fasano regulations applied to conditional use permits as well as to zone changes and required complete testimony if the hearings official was to have legal basis for his decision. He thought Mr. Elliott's suggestions might have been more appropriate under previous less formal proceedings. 1581 Public hearing was closed, there being no further testimony. ~.: Council Bill No. 497 - Amending Section 9.706(2) of the City Code to allow 10 days for submission of written findings by Hearings Official; and amending Section 9.721 of the City Code to provide for elapse of one year before refiling of an identical or substantially'identical request for conditional use permit in event of a denied application 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. HeFshner that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactme~t 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 (Councilman Keller not present), the bill was declared passed and numbered 17029. E. Bids - Remodeling Fire Station #5 (opened April John T. Moody and Son Construction Company Lee Built Construction Company Burroughs Construction Company Arnt Ree and Sons, Inc. Byron Nelson Construction Company v. A. Hardy Construction Company 3, 1974) $ 56,044.00 58,610.00 59,889.63 60,436.00 64,291. 00 65,812.00 1631 . Estimate -'$62,000.00 Bids were reviewed and staff recommended contract award to the low bidder for remodel- ing to accommodate aerial ladder truck. Public hearing was held with no testimony presented. Mr. Williams moved seconded by Mr. Hershner to award contract to John T.Moody and Son Construction Company on low bid price of $56,044.00. Rollcall vote. All councilmen present voting aye (Councilman Keller not present), the motion carried. III - Items acted upon with one motion after discussion of individual items if requested. Previously discussed in committee on March 27 (Present: Mayor Anderson; Council members Williams, Hershner, McDonald, Beal, Campbell, Keller, Murray, and Wood) and on April 3, 1974 (Present: Mayor Anderson; Council members Williams, Hershner, Beal, Campbell, Keller, Murray, and Wood). Minutes of those meetings appear below printed in italics. 1640 ~ ~ A. 'Petit~To~-for pavi~g'-;:;(;;:thl~o~th---aii~y -b~'t;"~;;n Miii ~~d Fe~;y-;;x'tending one-ha-lf- Iblock north of 3rd Avenue - 75% Staff recommended approval of the petition. Manager showed a sketch and pointed' 'out the one residential property abutting the project which was not represented , on the petition. \02 4/8/74 - 6 Councilwoman Beal said the committee appointed to study assessment policy to re- '. lieve single-family residences in areas like this was in the process of present- ing a new procedure. She felt no further petitions of this nature should be accepted until that procdure was acted upon. --.' ~. .\ Councilman McDonald left the meeting. Mayor Anderson explained that acceptance of the petition would merely initiate the project and public hearing would be held prior to actual construction. Comm ;3/27/74 !Approve '! Mr. Williams moved seconded by Mr. Wood to approve the petition. Motion carried, Councilmen Williams, Campbell, Keller, and Wood voting aye; Councilwoman Beal ...Y~,~~n9:,not C~~Ec.!.~~=!!, Hershner !.._l!c_v:!nald,_'an(L.~,.,:-r:a'!.-!!:!_~_E~~s::n~~_ _ __. _,__,_,___ B. ivacation' of easement between Pearl and Oak from 18th to 19th (City EV 74-3) \Recommended by Planning Commission on March 11,1974 (Teshner property). ! . Mr. Wood moved seconded by Mr. Williams to recommend approval of the application. Motion carried unan~mousl:Y._ Comm 3/27/74 ~pprove I I Comm 3/27/74 I l?-pprove iMr. Williams moved seconded by Mr. Wood to call public hearing on the request : (May 13, 1974). Motion carried unanimously. . I c.;Wrecker's License - Olsen's Auto Wreckers, 2040 West 6th Avenue - City endorsement :required because dimension of property increased. Staff has no objection. -- ---- ----- ...----.------' , .- .,1' D.' Room Tax Allocation Committee Report - March 26, 1974 - Copies of report together with l~tter from Cather~ne Lauris, chairman of the Room Tax Allocation Committee, 1 were previously distributed to Council"members. The Committee recommended approval ,; of allocations to: 'I Arboretum Arnheim Asian American Cultural Awareness Center Concert-in-the-Park.Series Mall Information ~ooth $ 5,000.00 1,100.00 3,043.42 5,000.00 ; i The Allocation Committee recommended denial of request from Symphonic Wincr Ensemble ~for $1,000.00, and transmitted without recommendation the request from Third World : Student Coali tion for $2,690..10. Manager called attention to the request from ; Triple-H Ranch School for Exceptional Children for $1,890.00 on which the.Alloca- : i tion Committee had requested an opinion from the City Attorney with regard to whether I the request met ordinance requirements for allocation of room tax funds. f , ) i <It H. R. Saltzman, 2065 University Street, said the allocation requested for the Wind Ensemble was to help defray expenses of participation in a national meeting of Music Educators at Anaheim, California. He said he understood the Allocation Com- mi ttee' recomme~'1ed denial because the req~est was presented after the trip had bef!n ..,. ;riiade and because the performance was not for 'the'~EefTt of'E-;g-;;n~'-p~-;pie .--iI-;;-;;;7u- .mented on the focus of national attention on Eugene and Oregon because of the favor- .ab1e appearance of the group in the cultural event and the time element in accepting the invitation and accumulating a portion of the funds necessary to make the trip. He felt the University group should be considered a part of the whole community, since it did represent Eugene, and that through its appearance a number of people 1 ;would be attracted to the community. He asked favorable action on the request. 'Mrs. Lauris reported that the Allocation Committee recommended denial because the :majority felt these funds should not be allocated for participation in events held loutside this geographical area. }Counci1man Murray raised the question of precedent. Councilman Wood supported the allocation, saying he was not too concerned with precedent in this instance since the Ensemble representation of the total community in an event of this type was I valuable. Mrs. Campbell was concerned that the request was considered "after th~ 'fact" and suggested that the Allocation Committee might call special meetings in the future when time element was involved. She did not feel this organization, 'should be penalized for that reason. J ~- :Mrs. Campbell moved seconded by Mr. Wood to fund the Symphonic wind Ensemble up . to $1,000.00. I jCouncilmen Murray, Williams, and Keller felt allocation of funds for this purpose .) ~would bea critical precedent. They noted that these funds should be used to benefit factivities within the city and for the, people of Eugene. And that granting this re- I quest could open the door for activities such as high school bands which in recent ' years have traveled abroad. ,/,' I .------- --,-----" . J \03 4/8/74 - 7 _.-:. ..... .~ -~-.-------- -- ,Councilman Hershner was not concerned so much with precedent. He felt monies used ,for this purpose could be compared to use by the Chamber of Corronerce in attracting conventions and other activities to the city. Mayor Anderson called attention to arguments presented at the time of adoption of the room tax, the key issue being that it would be a self-generating type measure supporting the kinds of activities which would benefit the people of Eugene and ',the hotel and motel industry. He felt for that reason f:;his request did not have the merit of some of the other proposals and suggested awaiting receipt of recom~ mendation from the Room Tax Corronittee with regard to guidelines for allocations before making a final decision. -- ~, ,~ \: .~ -=- :Bud Nixon, 2000 West 11th Avenue, thought the precedent issue very important. He !9aid if the Council decided to grant the funds o~ the basis of ~ttracting attention :to Eugene then he would feel it appropriate to receive funds for a pool team enter- ;ing championship competition in out-of-town tournaments. ,--.c ' ~ : Vote was taken on the motion. to grant the Wind Ensemble $1,000.00. Motion defeated, .Councilmen Hershner, Campbell, and Wood voting aye; Councilmen Williams, Beal, : Keller , and Murray voting 'no. , , Corron 4/3/74 Approve Discussion turned to funds recorronended for Arboretum Arnheim ($~,OOO.OO) to be located near Lynx Hollow south of Creswell. The majority of the Allocation Corronittee :felt the Arboretum even though an out~of-town project would be largely attended by 'peOple from Eugene and 'used by Eugene schools. Allan Konr!'l(l, speaking far the organization requesting the funds, supported the Corronittee's position. - :Councilman Williams felt a line should be drawn at the urban service boundary of :the corronunity for'dispensation of the city's monies. Mrs. Beal noted the present Arboretum CorronitteeMJrking on a project for Alton Baker Park and said she felt 'the money shOuld""be spent within the city. Councilman Keller agreed and called iattention to the current energy shortage which could interfere with use of an in- : stal1ation so far from the city~ . 9oun.ciiwoman Campbell supported the request, noting that city funds were used for'airportt' service to areas outside the city. Mayor Anderson also called attention to th~ present Arboretum Corronittee's efforts on be- half of the city, and Councilman Wood,fel't the Wind Ensemble woulrj be of more benefit to the city than the proposed arboretum in that location. :Mr. Wood moved seconded by 'Mr. Keii~rto deny the allocation of $5,000.00 to. the . . .'. I, . .' ,.1 ' 'Arboretum Arnheim. Motion ci;lxried,' all councilmen present vo'tingaye, except ,Mfs. Campbell voting no. ,with regard to the Third World Student Coalition request, Mrs. Lauris said there was no question that this was a political organization and as such would not be '"eligibLe for room tax funds. No action was taken on that request.' - : Corron 4/3/74 - APprove .__--.......'"~ m ...n. . _ , _ ~ . Mr. Williams m?ved secorl<1ed by Mr.. Kelier' to approve recorronendation for alloca-,(' tion to Asian ~merican 'Cultural Aw~reness Center ($1,100), Concert-in-the-Park ,Series ($3,043.42), and Mall Information Booth ($5,000.00). Corron 4/3/74 Approve .It, - , . ... "",,- At Mrs. Beal's request, Ed Smith, parks director, ahd Al.Williams" traffic ,engineer, explained th~ need for central information facility on the mall central plaza and displayed sketches showing the proposed construction. Duane : Bischoff, traffic 'department" explained the design concept. '. . In response to Councilman Hershner, Traffic Engineer said the funds were for con- :struction only~ Staffing of the booth had not yet been developed but the cost [would probably be shared by downtown organizations. He added, in answer to, (Mrs. Beal's inquiry about location of the booth in the proposed transit fa~ility, ; that the mall central plaza was selected because it seemed the most appropriate~ ; for a central location and for ease of direction. He said the design and~d.obation: 'had been cleared by both the Eugene Renewal Agency and its staff. ;' I \ Vote was takenon the motion as stated. 1!oti~:m carried unanimously. "( )' E. 'contraCfsfor~plariiiJiig"Fiinds', "Pearl~i{iH"Connector at'- T9fh il'iid Wes't-'Amelzon ParkWay - 'Authorization.was requested to sign contracts with the State Highway Division for preliminary engineering for the connector between Pearl and High Streets at l'9th. Avenue and the West Amazon Parkway. Councilwoman Beal asked whether the Charter ;amendment requiring vote on limited access arterial construction would conflict 'with the West Amazon Parkway contract. Manager explained that the contract pro- poses only proceeding wi th design and preparation of environmental impact state- ment. That information is felt essential for the voters at the time the project ,is submitted for a decision. Funding of the design and impact statement can be achieved through use of Federal funds covered by the proposed contract with the State Highway Division. -." \04 4/8/74 ..:. 8 II: In response to Mrs. Beal's concern about legal implications, City Attorney said that in order to have ,a meaningful election design planning would have to pro- ceed to develop maps showing the environmental consequences of a project', so : funds for planning would be appropriate under the Charter amendment. Inanswer ;to Councilman Murray, City Attorney said meetings i)ad been held with some of the.> :propone,nts of the Charter amendment and general agreement was reached on what ' ~was felt a reasonable interpretation of the amendment. He said copies of opinions I issued at that time would be made available again to the Council. '. , :-. F. ___8.egregation of Assessments against property at corner and Ridgeway Drive for paving and sewer was requested Road~ 'Finance Department recommended approval. Mr. Williams moved seconded by Mr. Hershner to authorize the contracts as. requested. Comm Motion carried unanimously. ~.__ 4/3/74 .~prove of Goodpasture Island Road , by Roy Parmenter, 115 Brickley; ; Comm jk/3/74 fiPprove Motion ,M!. Williams moved seconded by Mr. Hershner to approve the segregation. , carried ~I?an!:l!'o'!:E;l,Y. n '...____ G. Council Minutes - March 11 and 25~ 1974 as circulated Approve .' H. ~ignment of Ward Boundaries - Copies of ordinance implementing ward boundaries ,change were previously distributed to Council members. Map showing outline of proposed wards was displayed. The proposed realignment would provide for eight wards, one council member to be elected from each ward.. Four EWEB members would continue with one representing two wards and the fifth elected at-large. Election: "of council members would continue as at present, four every two years for four- year terms. Election of EWEB members would remain the same as now. Mayor Anderson said the proposed realignment was recommended by the committee (Williams, Murray, Wood) charged with studying the possibility of redistricting wards to bring about broader representation, neighbOrhood identity, and alleviat- ing necessity for large campaigns. He noted it as a geographical, legal, and political problem. Because of the difficUlty in arriving at fair distribution, i'the committee brought the one proposal which seemed the most suitable in main- I taining the quality of each ward and precinct identity. ~e recognized the ef- forts of Bill Sugaya, comprehensive. planning, in assembling technical data and preparing the proposal presented. . ~ ~ , Councilmen Williams, Murray, and Wood each expressed support for the proposal ,tpresented, noting the difficulties of drawing boundaries to the satisfaction of 'the neighborhoods, Council members, EWEB members, and others. They felt the plan :. presented was the best possible for reducing the size of wards, thereby giving I; better representation and less expensive and arduous campaigning as well as I :~ benefiting the public. . ! ~;. :'! Don Penfold, Lane County elections director, felt the proposal was good. He r', " noted one precinct split. He said it was minor, involving only 50 to 60 voters, 'but that it could be corrected by incorporating that portion of P~ecinct 505 affected into Precinct 551 thereby eliminating a mechanical problem for his de- partment in preparation of ballots. 'Cd!lncilman Keller said he was planning to move. His new Avenue, would not be in the new ward he was to represent. 'if continuity of representation was to be considered. address, 1125 East 23r~ He suggested review j e Councilwoman Beal inquired about the bases for the proposed boundaries. It was ,explained that population by census tract was used to divide the city as evenly 'as possible into eight wards, not in consideration of the number of those voting :but of those being represented. The 1970 census was used, plus data gathered :from building construction through 1973 and estimates of a certain amount of ;population according to housing based on occupancy permits, plus annexations. :It was felt most students at the University were included in the population count. Mrs. Beal felt the proposed division would create confusion. She noted that under the new alignment she would represent only two of the precincts she formerlYj : 'represented, so that she would not be speaking for people with whom she had be- come well acquainted. Neither did she feel that smaller wards would necessarily I ,;promote better representation. She recognized the merit of lessening campaign ,)1 :expense but thought the philosophical point of view should also be considered. ;Mrs: Beal added that she didn't think the new precincts in her proposed ward ' ! would give the "homogeneous feeling" of the old, and it would take time for her I to decide whether she would want the change. i I 'Councilwoman Campbell noted that the only precinct retained in her new ward would I be the one in which she lived. She regretted losing that constituency, she said,~ because of the rapport developed~ However, if the proposal was considered the' \O~ 4/8/74 - 9 'best move 'for- the City"'she"wouicl be wlliing-to-'go"along-:""She asked what 'would happen in regard to Mr. Keller's situation, moving away from the ward he was to irepresent under this realignment. Mayor Anderson called attention to the first 'section of the ordinance which provided that no term of a Council member or of I ,an EWEB member wouLd be disqualified or shortened because of this realignment. IHe said every member of this Council would serve out the term for which elected. '. Councilman Hershner said he was somewhat confused with regard to the ward system as opposed to the theory that council members represent all the people of the city. He did feel that council members tended to be more interested and informed ,with regard to issues affecting their particular wards and for that reason he favored the proposed ,realignment. He mentioned too that he was impressed by the fact that the Bethel-Danebo-area, a significant segment of the community, had no representation. Councilman Keller remarked that the savings effected would not relate to the issue of numbers represented. He thought people from the Bethel- Danebo area had the same opportunity to seek office as people from other areas ,of the ci ty and it seemed the proposed alignment would have the effect of forcing 'people to run for office. He said he was not sure he would concur in that, nor was he too unhappy with the present four-ward system. He felt the type of repre- sentation regardless of the size of a ward depended primarily upon the person ; elected. Councilman Wqod said he believed if the geographical area of wards was reduced those elected could do a better job of representation because personal door-to- door contact would be easier. He said this would also give the opportunity for ;l?E!ttf:!l..s~~~ctiono~ el€!.f?.t..€f,d_,9f!~C?i.8:~,f!. At Councilwoman Beal's request, it was ,understood a map on which streets were indicated' snowlnij'exact boundaries of ; the proposed wards, and census figures for each precinct would be prepared for 1 distribution to Council members Mrs. Beal felt the redistricting would have rgrave repercussions, giving large families double or triple votes where older ipeople did not have that advantage. Councilman williams answered that it would : not give larger families more votes; it did give representation to each citizen ! in the communi ty. ~. I, In answer to Councilman Hershner, ,bearing on the May 1974 primary. Mr. Penfold had indicated earlier \until after the primary e~ection. Mr. Pe~fC?ld said the realignment would have no ',:i ,NO citY-Offices were involved in that election.'i that he was not authorized to alter boundaries: . \ -~/~ :Mayor Anderson hoped a decision could be reached reasonably soon. He noted tha~ ,people interested in seeking city office needed to know ward boundaries in order,; 1 : to start their campaigns fox the fall election. \ J Icouncilman McDonald favored postponement of decisi~n o~ the realignment for per- ,1 ;haps two weeks. He said he would run for re-elect~on ~n the fall. He added' I ithat no memver of the committee studying the proposed alignment had questioned i him wi th regard to his candidacy. I ' , "",-,~-,--,~~- ~. Mayor Anderson commented that it could be concluded from the discussion that'the: realignment proposed included a personal element as well as geographical, legal, : ,and political. However, he thought a broader viewpoint should be taken - the 'iong:"'r:c;.nge'~ff~t ~on the community as a whole; the ser"Vlce'--a'nd"representafIon' ~"", iwhich could be extracted from various geographical areas of the city, and to make it as easy as possible for peOple to participate in government. He said I, the commi ttee had presented the most logical plan possible in view of their ; charge. : It was understood the matter would be scheduled for further discussion when the' [requested information was available. Comm 3/27/74 Affirm ~~-_.. - _.~---. ~-"-* -.-... ._~L~':_'___..____ ., " ......::.~--_.t ."'1'....--,..,.~.-_~~-- . .;,_.~__.~ I. Realignment of Ward Boundaries- MajJs showing 'precinct popul'citic/ris'were furnished \ to Council m~mbers ,prior to the meeting, and discussion continued from the March 27 !C,ommi ttee. General, consensus was that another try at drawing boundary lines would tbe worthwhile to accommodate ~ome of the problems discussed in the previous com- f" .. . . ;na ttee meet~ng. :It was understood the Council subcommittee would reconvene to consider the previous i :suggestions as well as to make recommendations with regard to increasing the number ,of wards to 10 or 12 to give more representation, and filing for election from the community at-large rather than on a ward basis. Councilwoman Beal said boundary changes should be made so as not to put an encumbent in the position of not being able to seek re-election. She asked that the subcommi,ttee consider that concern -as well as the splitting of the university area between two wards. She felt :university represent~tion would be better served by joining the campus precincts 'irito one ward. Comm , ~4/3/74 Affirm .' \Ob 4/8/74 - 10 /..'. " '( Mayor Anderson said the university area was discussed in the subcommittee. However, he felt the University should be recognized as part of the total community and not segmented into a separate constituency. Councilman Murray agreed, saying the problem :stemmed not from the size of the University population but from the size of the Willakenzie area which was too large to comprise one ward and too small for two. . The most logical attachment of part of that ward was to contiguous'areas to create the most equitable representation. He commented on the importance of the Council's keeping in mind that the proposed ward structure as devised would go far beyond the terms of present Council members; the long-term interest of the City should remain the prime concern. 'Councilman Hershner sympathized with Mrs. Beal's concern about the university com- :munity, calling attention to the difficulty of representing the diverse neighbor- hoods making up the ward he represented. He wondered whether the number of Council members was set by Charter, referring to the suggested increase in number of wards to 10 or 12. City Attorney answered that the number was set by Charter - eight. , , ,I !Councilman Wood said he felt the University POPulation, being spread throughout the City, could not be compared ,to a neighborhood identity in the usual sense. ~' . Vince Farina, member of the Downtown Development Board, suggested consideration of : primary election for Council positions, with the two receiving the most votes ru~i~g for th~ posi!i?n i~~~~e general election, there~~ ?iving the winner, ~h~ ." (majority 'of votes in' any particular ward. Mayor Anders.on said 'that' suggestion in :past Council consideration had not met with unanimity. He added that the subcom- mittee would welcome any suggestions in its deliberations on further changes in the ward boundaries. Councilman Keller suggested holding any boundary change until after the first of the year if a decision could not be reached immediately. , IHis concern was the disadvantage for potential candidates not knowing which ward . t!2e.!f "'!9ul~Jile from for fall elections. _ ___ _ _ _, , . _ '..' _ ._._....._,",~_r J.Rezoning between 1-105 and Kins Row, Centennial Boulevard K. (Earl Green) -,See page 1 these minutes. L. Bicycle Race, Street Closure ~ Councilman Murray introduced Mr. Zagorin~ ASUO, \ who requested Council authorization for closure of streets around the Student Union (University, 13th, Agate, 15th) for the purpose of holding a bicycle race. , Mr. zagorin said the race'would be held between 9:00 a.m. and 1:00 p.m. on Sunday, April 7. Other sites had been considered but these streets were most ;desirable in order to gain greater participation of University students and .community in general. He said contact with staff had resulted in a negative 'response and because of deadline to prepare promotional material authorization from the Council was requested. \ I I ,Manager said the request had come to staff on Monday (25th) and reviewed by 1 !both traffic and parks departments. Negative response was due to insufficient ; ,detail - whether parking was requested to be removed, who would bear the cost I of providing street barricades and handling of traffic, liability in the event 1 'of damage or injury, etc. General policy has been to carefully restrict privately! sponsored use of city streets. Manager called attention to a sketch of streets ! proposed to be used for the race and noted that they were under consideration for ~vacation and would eventually become University property. He said the parks de- ,partment doubts such a race would be sanctioned by the Amateur Bicycle League. !The department now sponsors several bike races during the summer months. In .addition other similar events are held throughout the county. Staff felt generally that the time schedule was too short to allow for proper analysis of the request to determine the city's commitment and give a firm answer with re- gard to costs and responsiJ:dli ties. . Councilman Keller wondered what would be done about cars parked overnight on the streets in that area. In respo1)se to Councilwoman. Campbell it was explained that the city's liability insurance would not cover privately sponsored events. . , I 1 \ Other suggestions were that the city might co-sponsor the event, or that the i i group could sponsor the race over the Skinners Butte route use for city-sponsored I races. Mr. Zagorin said each entrant in the race would be required to sign a \ .waiver of liability, but it was the City Attorney's opinion that such a waiver ! would not remove the city's liability. Mr. Zagorin felt cars parked on the street would not be a significant problem. With regard to time element, he pointed out that because of other similar events in the Northwest, April 7 was the only open date until next fall on which to attract spectators from other areas.. They felt use of the Skinners Butte route would not give the desired exposure. He said the group would welcome city co-sponsorship or any other help. Councilwoman Beal suggested the Council give tentative approval of the request providing arrangements could be worked out with staff. She didn't want to dis- courage the holding of such a race but felt details would have to be worked out ; ,/ J ~ \0"7 4/8/74 - 11 b~fore it was authorized: Mayor Anderson' felt' there were too many unanswered questions and that the staff would be left with the decision. Discussion con- tinued between Council members and Mr. zagorin with regard to cost of policing 'the event, liabili ty, and Council's general approval of the event if details could be worked out with staff. Manager said it was a matter of how much staff time and effort was expected to :be put into exploring the problem. He noted considerable amount of staff time land effort would be necessary just to remove parked cars. He said if it was felt the race was so desirable that staff effort should be expended, it could be done but it would remove that effort from other things. His general reaction because of the short time before the race was to be held was that staff would 'be involved in a lot of effort which might or might not be productive. ~Ernie Drapela, assistant parks director, in answer to Councilwoman Campbell's !suggestion that the parks department might help the group, said when members of ~the group approached them about sponsoring the race the parks department did ,not feel the proposed race was in the best interests of cycling because there :were too many questions being raised about it. He said the sponsoring group was not a member of the Amateur Bicycling League which inspected courses for sanctioned races. The course proposed in this instance had too many precarious situations, he said, and a lot of responsibility would rest with an unrecognized, group for this type of event. In answer to Councilman Williams' question with regard to physical hazards, Mr. Drapela said there were breaks in the streets ~ which would be a hazard to racing tires, in the event of rain the surface would be slick curb situations were a detriment, crowd and dog control would be a ./ , ------- tremendous problem, .etc. ;'rn ails'wer to Councilwoman Beal about use of the skinners But'i:e course, Mr. Drapela said that funds were budgeted to cover manpower and materials . for the four races planned by the parks department and sponsoring this event 'on that course would mean dropping one of the four planned events. . Councilwoman Campbell asked about city policy when streets are closed to accom- . modate parades. Manager explained the permit procedure involving the police and traffic engineering departments, designation of routes, police escort and barricading, etc. 'Council consensus was that more time would be needed for a better analysis of city's involvement. Manager commented that if this group or similar groups wished to pursue this kind of activity on a planned basis for subsequent years, the city would be willing to give it consideration in its regular program through the budgeting process. M.Truck Routes - Councilwoman Beal reported calls received with regard to trucks on 11th and 13th and wondered whether there was any word received from the State Highway Department in that regard. Manager said logging trucks had been rerouted to 6th and 7th rather than 11 th :and 13th in response to a previous inquiry. Polk was being used only between 6th and 2nd to get to their destination. However, signing I-5 so that trucks coming into the city from the south would travel I-105 rather than Franklin ,Boulevard was not allowed by Federal highway standards. Traffic Engineer said :State Highway staff had approved keeping trucks off 11th Avenue and it was assumed that Commission approval would follow. The next phase, community-wide ,truck route, was under review by the State staff and hopefully would be before the Commission at its next meeting. The only alternative to preventing trucks Ifrom entering the city from the south on Franklin Boulevard, he said, was if the Council wished to pursue the issue with the Commission itself. It wasunderJ stood that Council would be kept informed with regard to Commission action on j the truck routes in the city. N..Land Use Conference - Councilwoman Beal called attention to Land Use Conference sponsored by the League of Women Voters scheduled for March 28 and 29 at the Eugene Hotel. o.Reception, Information Systems Users - Council was invited to a reception in J ihonor of Lane County and Eugene Information Systems Users at Valley River Inn ;on March 27, 5:00 p.m., hosted by a delegation of visiting data processing l ;people from France and England. / ,O~ 4/8/74 - 12 ., . ~. ; t " 'Comm 3/27/74 File :.' ~-' Corom 3/27/74 File Corom 3/27/74 File Comm 3/27/74 File . ~ P.;WeighborhoOd Organizations ~~~ouncilman Murray call~d attention to a description of Eugene's policy wi th ,regard to neighborhood org~ni zations appearing in the March pUblication of Neighborhood Decentralization issued by the Center for Governmental Studies, Washington, D.C. . - \ 1 \ \ l Q. Assessment Deferral, Economic Hardship - Councilwoman Beal asked the status J of the Committee to be appointed for studying the possibility of deferring assess-j ment collection and interest accrual on public improvements.' It waS understood I Mayor Anderson would appoint the corrunittee (see March 20 committee - re-commenda- tions, to be brought for committee consideration by Shirley Swenson, ,Finance Department). R. Truck Routes - Councilwoman Beal asked if any report had been received from the State with regard to truck routes. Traffic Engineer'answered that the State Highway Commission 'had approved-keeping trucks oft 11th Avenue. Other requests ~~re still t,q be considered by'__~he Commission. ,________, ~-, ~ - . S. 'Assessment Po1.icy for Street Improvements - Copies of revis'ed 'resolution which wO~ld change existing policy as it affects properties abutting substandard or , un~mproved streets were distributed. At the conclusion of other business -it ) ~~~_~gree~_!~e ite~~~~~d be brought back when time would permit full discussion. ~ '-...".._.._.~_._,-.,..._.. .. ...-- ".-" --'--~-""'-' . ~".' ," .~..'.. ,.....~-.~~. T.;Report, Commercial Activities o~ Downtown Mall -Councilman Keller reported on !meeting of Eugene Downtown Association which he and Councilwoman Beal attended as 'representatives of the Council exploring the possibility of expanding commercial activities to the mall area. Copies of minutes of that meeting were previously :distributed to Council members. Mr. Keller reviewed the minutes and the recommenda- I' , ' , :tions of the Mayor's Committee for MaJl Activities. He 'said the EDA was actively ipursuing a variety of activities for the mall area and for that reason would like :a "wait and see" attitude before stressing the expansion of commercial ventur~s :into the mall itself. He noted the one stropg recommendation, from the Mayor's icommit~ee was for the hiring of a mall manager, funded by room tax monies, to pro- I . ,t I . :mote and co~ord~nate mall act~_v~t~es. ',.I , icouncilwoman Beal was opposed to ~se of city funds for hiring a mall manager until ~ there ,were monies available from lease of space on the mall. However, she fel ti !the City should go along with the EDA's program on a year. She especially wanted ito encourage their proposal for development of,a sidewalk cafe. , . , . i Dave Hunt, director" and Ruth Miller, member ,Eugene Renewal Agency, commented on i the need for establishment of procedure for leasing commercial spaces in view of , ;public space which would become available upon construction of the transit facility ;at 8th and Willamette. Council members agreed no action would be taken that would !preclude separate consideration of what could or could not take place on the mall~ 'HOl-leVer, it was fel t the EDA should be allowed to pursue their program - to search lout and promote more cultural and musical entertainment; create and maintain a seasonal display of flowers; insJ;all a central information booth; promote more ,specia~ activities (art, boat, and fashion shows, recreational displa,:/s, athletic events, etc.); have occasional special sales for existing businesses; sidewalk lcafes; permanent or temporary year-round cover for those performing in the central iPlaza. :In answer to Councilwoman Campbell, City Attorney said a response would be prepared Iwith regard to whether sidewalk cafes were prohibited by ordinance. Manager added /that: provision for service area in the mini-mall construction at lOth and Olive [was checked prior to design of that facility. The only problem likely to occur !would be if something was planned for a dedicated right-of-way which was not the , '. 'case in the mall areas. 'In answer to Fred Webb, KUGN, Manager said it could be assumed that any commercial activities on the mall would require City approval. Mayor Anderson concluded the discussion by referring to the EDA proposals for at- tracting more activities to the mall and the expectation of innovative ideas from ithat organization for making the central area one of cultural, recreational, and IPoTrl!"ercial activity. _' __.._,.._,__"_~ :- .e, Planning Comrilission Report - March 12, 1974 Planning Commission-recommended: 1.- Rezoning from RA and C-2 to C-2 SR area west of Coburg Road north of Country , Club Road (Zellner Z 74-5) ~ 2. S~gn District Boundary Change from Residential and Highway Oriented to { H~ghway Oriented and Outlying Commercial on area west of cobutg Road north :,~..9fJ Count;.ry Club Road (Roaman SDBC 74-2) t..-.:.<o: _____.__~__ . ~__._ __. ..._._.__"'__,__'_"",__~__,__,_~__,_~ .____.. u__,.~.._._..,__..____._~. ___ \O~ 4/8/74 - 13 Comm 4/3/74 File Corom 4/3/74 File Comm 4/3/74 File Comm 4/3/74 File Comm i 4/3/74 File Comm 4/3/74 Pub Hrng 3. Amendi'ng qSectl'o'n '_.'9~..706-(21-~Cl-ty-~ Co-de-- 'tc; "al:1.'o;'--1 d day's ~-:-i6r '~s~b;U s~i~n - of '. ~ -,.---"p~ written findings by the Hearings Official . .4. , Amending Section 9.721 (Conditional Use Permits) to provide for elapse of '.r' ~ne year before refiling of an identical or substantially ide17-tical request ...~ event,?f a dEJ~ied application . : Mr. Williams moved ,tions be scheduled , I t Appeals, Planning Commission Denial of Zone Changes :1-. From RA to C-2 PD on area west of Highway 99N, south of Concord, east of , Jacobs (Hansen Z 74-6) (March 12, 1974) I 12. From RA to' R-2 area west of Bailey Hill Road, north of 18th (Rexius Z 74-4) \ \. (March 5, 1974) seconded by Mr. Wood that public hearings on the recommenda- for April 8 Council meeting. Motion carried unanimously. Comm 4/3/74 Pub Hrng Mr. Williams moved seconded by Mr. Wood that public hearings on the appeals be scheduled for April 8 Council meeting. Motion carried unanimously. ,-~. J 1640 Mr. Williams moved seconded by Mr. Hershner to approve, affirm, and file as noted Items A through T. Rollcall vote." Motion carried, all councilmen present voting aye. (Mr. Keller not present. IV - Ordlnances Council Bill No. 499 - Calling hearing May 13, 1974 re: Vacation of easement between Pearl and Oak Streets from 18th Avenue to 19th Avenue (Teshner) was read by council bill number and title only, there being no councilman present requesting that it be read in 'full. 1660, \~' . 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 councilman peresent voting aye, the bill was declared passed and numbered 17030, Councilman Keller not present. Council Bill No. 501 - Levying assessments for paving Ridgeway Drive from Goodpasture Island Road to 1000 feet north in Knutson Bros. Planned Unit Development (72-44) 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 referred to Assessment Panel for hearing on April l5~C1974:and brought back for Council consideration of Panel recommendations on April 22, 1974., Motion carried unanimously, Councilman Keller not present. Council Bill No. 502 - Levying assessments for storm sewer within replat of Shasta Gardens (72-66) was read by council bill number and title only, there being no councilman present re- questing that it be read in full. . Mr. Williams moved seconded by Mr. Hershner that the bill be referred to Assessment Panel for haaring on April 15, 1974 and brought back for Council consideration of Panel recommendations on April 22, 1974. Motion carried unanimously, Councilman Keller not'present. Council Bill No. 503 - Levying assessments for storm sewer between. Sally Way and Marlow Lane from Norwood Street to Gilham Road (73-50) 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 referred to Assessment Panel for hearing on April 15, 1974 and brought back for Council consideration of Panel recommendations on April 22, 1974. Motion carried unanimously, Councilman Keller not present. Council Bill No. 504 - Levying assessments for paving, pedestrian way, sidewalks, sanitary sewer, and storm sewer within Oakway Subdivision (73-37) 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 referred to Assessment Panel for hearing on A~ril 15, 1974 and brou~lt back for Council consideration of Panel recommendations on April 22, 1974. Motion carried unanimously, Councilman Keller not present. .. '---., ~ , , , <..:: .," V - Resolutions 1675 Resolution No. 2268 - Authorizing contract with State Highway Division re: Pearl/High Con- nector at 19th Avenue was presented and read by number and title. Mr. Williams moved seconded by Mr. Hershner to adopt the resolution. Rollcall vote. All council- men present voting aye, motion carriedJ Councilman Keller not present. 4/8/74 _ 14 \\0 . . . - ~ Resolution No. 2269 - Authorizing contract with State Highway Division re: West Amazon Parkway was 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, Councilman Keller not present. Resolution No. 2270 - Authorizing payment of bills, claims, and progress payments for period March 25 through April 8, 1974. Rollcall vote. Motion carried, all councilman present voting aye, Councilman Keller not present. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, April 22, 1974. ... \\\