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Home My WebLink About12/09/1974 Meeting MINUTES EUGENE CITY COUNCIL December 9,1974 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 December 9, 1974 in the Council Chamber ,., with the following Council members present: Tom Williams, H. C. McDonald, Wickes Beal, Beth Campbell, Gus Keller, Neil Murray and Robert Wood. Councilman James Hershner was absent, ~~~~o~ Mayor Anderson, just back from a trip to Nepal, offered congratulations to newly- elected Council members, re-elected Councilman Williams, and Councilman Wood upon his election as County Commissioner. I - Public Hearings A. Vacation of alleys and easements in block between 6th and 7th, Oak and Pearl, and easements in block qetween 7th and 8th, Oak and Pearl (Lane County) Recommended by Planning Commission on October 1, 1974 to accommodate Lane County con- struction plans. Manager explained that the State of Oregon had indicated some concern about parking space for State-owned vehicles in the area and that an agreement was be- ing worked out between the County and the State. Staff recommended holding final passage of the vacating ordinance pending completion of a signed agreement between the two, Public hearing was held with no testimony presented. ~5) Council 'Bill No. 685 - Vacating alleys and easements in block between 6th Avenue and . .. 7th Avenue, Oak Street and Pearl Street,and easements in block between 7th Avenue and 8th Avenue, Oak and Pearl Street, was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Williams moved seconded by Mrs. Campbell that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that the bill be held for final passage pending completion of agreement between Lane County and state of Oregon with regard to parking for State-owned vehicles in the area. Motion carried unanimously, the bill was read the second time by council bill number only, and held. (1206) B. Abatement, Garage building at 1561 Ferry Street (Odell) Report from building department previously distributed to Council members indicated the garage building at 1561 Ferry Street structurally unsound and dangerous. Attempts to have the situation corrected proved unsuccessful, Public hearing was held with no testimony presented. (1219) Resolution No. 2353 - Authorizing abatement of garage building at 1561 Ferry Street ~ was read by number and title. ' Mr. Williams moved seconded by Mrs. Campbell to adopt the resolution. Motion car- ried unanimously. (1227) C. Code Amendments 1. Dog Licensing, Requiring rabies vaccinations , Code Amendment re: Requiring rabies vaccinations to license dogs - Adoption would . bring the city's requirements into conformance with those of Lane County. ~omm , 11/20/74 Mr. Wood moved seconded by Mr. Murray to schedule public hearing on the PUb!Hrng amendment at the December 9 Council me~ting. Motion carried unanimously.. .Mr. Kell,~!..12o.!:J!Ee.sen~ ~,_'" ,. ..'. __...,." H___H' Manager explained that the amendment would bring the eity eode into conformance with the County's. It would add the requirement for certification that a dog had been vaccinated for rabies before a license could be issued. (1240) Public hearing was held with no testimony presented. ._ Council Bill No. 686 - Amending Code Section 4,375 (d) re: Dog licensing, re- a quiring rabies vaccinations, was read bY. council bill ~ number and title only, there being no council nlember present requesting that~ it be read in full, Mr. Williams moved seconded by Mrs. Campbell that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time, ~ 4o~ 12/9/74 - 1 ~ Councilwoman Beal asked how long a rabies vaccination was effective and what the fees for vaccination were. Manager's understanding was that the vaccinations were effective for three years. Assistant Manager added that the cost of vaccina- tions was between $5.00 and $7.50 and they were available at periodic clinics - through co-operation'of veterinarians in the community. Records are kept in the vets offices to substantiate vaccinations once they have been'administered, so it, was felt there would be no major impact on the licensing procedure by adding the requirement. Mrs. Beal thought the requirement might be a'deterrent to licensing dogs because of the added cost. She noted the number of dogs still running loose without license tags and wondered whether t~e vaccination require- ment would accomplish what was intended. Vote was taken on second reading. . Motion carried unanimously and the bill was read the second time by council bill number only. , Mr. Williams moved seconded by Mrs. Campbell that the bill be approved and given final passage. Rollcall vote. All council members' present voting aye, the bill was declared passed and numbered 17212. . 2. Social Gambling (1281 ) ( ..' '''~-.. -. sodaT GamblingOrdlnar:ces'-:"':':' Mana'g:er reported "tne're had been no experience in Portland' ,or other cities in the State from which to draw information on social gambling under State law. He said staff was still opposed to opening the community to the social gambling proposal. . . "- - ~'-"_'_ 4"'_'__"_.'_".'~'_V___'_' --- ...----_"...'."'_.._r_~..--...~-----.-,...-_-"\---....,~- ~-- -,- --~-- .. ( Mr. Murray moved seconded by Mr. McDonald to schedule public hearing on the ordinances and that licensi~g fees be inserted prior to the Decem- ber 9 meeting. Manager explained the suggested graduated fee schedule and compared them to Portland fees upon questioning from Councilman Williams. He said the purpose of the graduated scale was to make it less likely to have establishments with gambling as the primary activity. Councilman Murray hoped the graduated scale would not have the effect of - 'making the ordinances inoperative because of. the possibility of excessive fees. Manager answered that in discussion with proposed operators there were some who felt I the rates were acceptable, others felt, they were too high. I . I Icouncilwoman Beal wondered if a tavern operator having only a few tabl~s would have some way of recovering the cost other than through the sale of drinks. There was no information on that point. However, Manager suggested that comment at the time of public hearing would provide opportunity for any adjustments. 'Councilman McDonald wondered then if the Council in voting for this motion would be ,acknowledging that social gambling would be allowed. It was explained that the motion (would set the time for public hearing only, it in no way expressed Council ,approval or - disapprovel of social games. " , :Councilwoman Beal wondered if information was available on additional cost of enforcing : the ordinances if they were adopted. Manager answered that there had been no effort :to put a dollar amount on pOlicing the activity itself or "spin off" problems that ,would put additional burden on the polic~ department. Councilman Williams thought that ~if the ordinances were adopted and if costs were incurred greater than revenues from ithe fees then it would be encumbent upon the staff to bring recommendations back to tthe Council for changes. In answer to Mrs. Beal, he said State law specifically pro- !hibited charging players if operators of small taverns should choose that method of 1recovering costs. . j Manager noted petitions received.after the last Council discussion of social gambling which were circulated at eight taverns and signed by about 600 people requesting adoption of the ordinances. Vote was taken on. the motion to hold public hearing. Motion unanimously. .::.:..:.:-:.... -: ..: ,~ ". "..- ". -, -~ . I; Council bills which would establish regulations governing social gambling in the city were presented for Council consideration with the explanation that fees might e be discussed as a separate issue if the bills were adopted. Public hearing was opened. (1317) John Langan, 2775 Filmore, owner of the Pit Stop Tavern, was in favor of the legis- lation which would allow social gambling under state law in Eugene as in neighboring communities. He the proposed $2.00 bet limit which he felt would keep the ~ - . . . , ----",,-= -- . ""'- /~ ~.-'- ..~",'-- ~._- . ",. _.~ .- - . -...- :;.- . 409 12/9/74 - 2 /~ I gambling on a social level and easier to control. However, he felt the pro- posed license'fees were too high, 'especially since the house would not be allowed a profit. - Public hearing was closed, there being no further testimony, Mr. Williams moved seconded by Mrs. Campbell that the Council reaffirm its previous committee action requesting staff to prepare ordinances which would permit social gambling iri both public and private clubs within the community, and that license fees be established that'would adequately cover the cost of policing these kinds of establishments. . In making the motion, Mr. Williams stated that he was asking a vote to indicate , support of permitting' social gambling and that the cost of policing the activity should not'be assessed against the general public, rather it should be paid by those participating in the activity. (1363) Councilman McDonald said that although he did not object to social gambling he was afraid the city would be in the position of sponsoring something that would take money from people least able to afford it. .., . In response to Councilman Murray's request for clarification of the motion, Mr. Williams explained its intent was to authorize social gambling on a fee basis that would pay the cost of policing without actually setting fees, limits, etc" at this time. e Vote was taken on the motion as stated. Motion carried, all CounCil members present voting aye, except Councilman McDonald voting no, Councilmen Williams and Keller inquired whether limits on be~ were included in the ordinances presented. Councilwoman Campbell felt the fees listed seemed some- what high, especially for owners of smaller taverns, She wondered if the fees (1403) should be studied in committee. Manager explained that the council bills prepared for Council consideration included license and table fees: A wager limit of $2.00 had been suggested by Mr. Langan. Manqger,.:?ai<:i the rates included in the ordinances were the result of staff discussions with some of the people interested in having social gambling permitted. He suggested adoption of the ordinances without the emergency clause (making them not effective for 30 days) and adoption of fees by resolution thereby making them easily reviewed for increase or decrease, which- ever seemed appropriate after experience was gained. (1450) Councilman Murray was prepared to act on the ordinances themselves but he also felt the fees were a little high for the smaller operator. He didn't want to adopt the fees unless they were lowered. _- Councilman Williams suggested adoption of the bills deleting reference to fees, then working out fees the Council would like to see adopted by resolution, or revision of the ordinances presented, Manager thought the bills could be adopted as' presented with those sections pertaining to fees deleted, He thought there. should be a decision on wager limit unless the Council desired that included in a resolution with the fees. Council Bill No, 687 - Amending City Code Sections 3.005 and 3.010 and adding Sections 3.231, 3,232, 3.233, 3.234, 3.235, and 3.236 re; Gambling was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Williams moved seconded by Mrs. Campbell to delete those sections relating to licensing fees and/or limits on betting and that the fees and limits be set out by resolution based on fees proposed by city staff in memo distributed to Council members, and that any any time staff be- lieved those fees in excess or short of the amount necessary to cover costs of policing they were to be returned to the Council for revision; that a betting limit of $2.00 to open or raise be established in the resolution, staff to come back to the Council for increase or decrease at any time it felt that limit inappropriate; that the bill so amended be read the second time 'by council bill number only, ~ith unanimous consent of the Council, . and enactment considered at this time. (1491) Councilwoman Campbell wondered 'if the high fees would be necessary, whether con- trol wouldn't be exercised through revocation of license because of violations. Manager noted provision for revocation of licenses in the ordinance and licensing authority exercised by the finance director. Councilman McDonald wondered whether the ordinance would be held for second read- ~ ... ing if he abstained, The Mayor ruled that the bill would be held for second read- ing only if there was a "no" vote. / - 410 12/9/75 - 3 Mr. Murray moved seconded by Mrs. Campbell to amend that portion of the motion dealing with fees and licenses only, referring it to a Council subcommittee for study and recommendations to be considered at the next formal Council meeting. , Councilwoman Beal felt the motion too long and complicated and, asked for a fresh (15.' start to clarify. whether social gambling was to be approved and then decide what to do about. fees. Councilman Williams noted that the decision 'had already been made on the question of.whether to authorize social gambling. His motion, he said, deleted fees from the ordinance allowing gambling because that question seemed "totally up in the air" and he hoped if a Council subcommittee was formed it could submit a reasonable schedule. The motion also was structured to provide that after some experience under the ordinance and some feel as to whether the fees were too "high or too low, the staff could come back for adjustments. The $2.00 limit was based on Mr. Langan's suggestion, he added, which to him seemed reasonable. Councilman Keller thought that to set a $2.00 limit for every game ~nd every hand was impractical, that the house management could better handle that aspect than writing it into the ordinance. Mr. Murray said he did not include in the amend- ment to the main motion the deletion of the limit for referral to a subcommittee because it was his.feeling by so doing would be straying from the concept of small scale gambling. He could see some difficulties in terms of enforcement and said he had no objections if the Council felt that portion deserved further study. He added that his amendment was an attempt to separate what appeared to be the "stickiest" issue of the general concept. . Councilman Wood was in favor of the amendment although he thought it best to delay (1567) second reading of the ordinance until a fee schedule was prepared, He suggested that initially fees might be based on the number of tables. Then after there was experience to draw on, a determination could be made of the cost of policing and some sort of charge made to the various taverns based on that experience. Manager suggested that kind of proposal would be difficult to work out because of having to determine which policing costs would be attributable to gambling activities and separating that from other kinds of behavior influenced by drinking, etc. He said that over a period of time there could be some evaluation of the total impact on police activities for comparisons. Councilwoman Campbell inquired about information the city would have to have that (1606) was not already available through theOLCC. Manager read qualifications and other requirements from the ordinance and acknowledged that they could be more re- strictive than GLCC requirements. Mrs ~ Campbell agreed with Councilman Keller's viewpoint that the $2.00 limit was unrealistic, especially if-there was no way of requiring private clubs to abide by that limit. She wondered if Councilman Murray would be willing to include in his amendment deletion of limit from the main motion and referral to a subcommittee. Councilman Williams stated that the main motion called for second reading of the crl) council bill and deletion of any reference to either fees or limits, suggesting that those be handled by resolution which would have to be considered separately. He was not suggesting adoption of a resolution at this time, he said, only second reading of the ordinance with dollar amounts deleted. Councilwoman Beal ac- knowledged clarification of the main motion, saying she would be in favor of adopting the ordinances with fees deleted and adoption of fees separately by resolution at a later time. Councilman Murray was agreeable to including referral of bet limit to a subcommittee in his amendment on.the basis that any revisions of fees or_limits would be awkward now in a public meeting. Mr. Keller was satisfied with that arrangement, saying he thought it would be of benefit to have further information on what fees were being used in other cities having ordinances allowi~g social gambling. J , Councilman Williams restated the main motion; Councilman Murray restated the amend- ment. Manager suggested deletion of the emergency clause to give 30 days before the ordinance went into effect. Mr. Williams with approval of the second (Mrs. Campbell ) included in the main motion the deletion of the emergency clause. . Vote was taken on the amendment. Motion carried, all council members present voting aye, except Councilman McDonald abstaining. Vote was taken on second reading of the bill, amended to delete the emergency clause, reference to license fees and betting limits which were to be set out in resolution, and that a Council subcommittee be appointed by the Mayor to 411- 12/9/74 - 4 J prepare a schedule of fees and/or standards to be established and .. draft a resolution for presentation to the Council. Motion carried, all council members present voting aye, except Councilman McDonald abstaining. ~' Mr. Williams moved seconded by Mrs. Campbell that the bill as amended .be approved and given final passage. Rollcall vote. All council members present voting aye, except Councilrnan McDonald abstaining, the bill as~~amended was declared passed and numbered 17213. Council Bill No. 688 - Amending City Code adding Sections 2,215 and 2,217 and creating a gambling commission was read by council bill number and title only, there being no council Inember present requesting that it be read in full. Mr, Williams moved seconded by Mrs.Campbell that the bill be read the second time by council bill number only, with unanimou~5consent of the Council, and that enactment be considered at this time. Motion carried unanimously, Councilman McDonald abstaining, and the bill was read the second time by council bill number only. Mr. Williams moved seconded by Mrs. Campbell that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, except Councilman McDonald abstaining, the bill was declared passed and numbered 17214. 4It Council Bill No. 689 - Amending City Code adding Sections 4.315 and 4.316 re: Establishing unlawful gambling conduct was read by council bill number and title only, there being no council member present requesting that it be read in full, ' Mr. Williams moved seconded by Mrs, Campbell that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time, Motion carried unanimously, Councilman McDonald abstaining, and the bill was read the second time by council bill number only. Mr. Williams moved seconded by Mrs. Campbell that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, except Councilman McDonald abstaining, the bill was declared passed and numbered 17215. II - Items acted upon with one motion after discussion of individual items if requested, (716) Previously discussed in committee on November 27, 1974 (Present: COt1ncil President Tom Williams (presiding), and other council members McDonald, Beal, Campbell, Keller, Murray, and Wood),.' Mi>nutes of those meetings appear below printed in italics. A.iLCOG Representative - Mr.' Murray moved seconded by Mr. Wood to appoint Councilman i !Keller as Eugene's representative on the LCOG Board, Councilwoman Beal as alternate.{ Comm ~ L~~,t~on carried unanimously. _ _ F/27/74 .. . --"-- . .~.._'------, -----~-,-, ,. ,------,-- q H,_".._,_.... .. AFprove B..Commun~ty Development Task Force, Elderly and Handicapped Representation -councilman~ o~ iMurray reported that members of the recently appointed Community Development Task I iForce had asked Council consideration of expanding the Task Force by two members who \ ;WOUld be selected from minority populations - elderly, ,handicapped, etc. If the \ :Council decided in favor of the request, he said, app02ntments would have to be made , 1quicklY so that the new members could participate in the work of the Task Force now \ I in progress .:\ , \ ! Mr. Keller moved seconded by Mr. Murray to increase the Community \ '1 , I Development Task Force by two members as requested. \ [councilwoman Beal wondered why the increase was needed - whether the work was too \ :heavy or whether representation of the groups mentioned w~s wanted. c~uncilman ~urray ~answered that the Community Development Act placed emphas2s upon certa2n populat20ns, ; :particularly low-income people, and the Task Force did not include such people.' \ tcouncilman Williams, in further response to Mrs. Beal, said there was no discussion !with regard to which organizations would be represented, only that the elderly and \ 1 I ~handicapped should be represented in any decisions made which might impinge upon \ ._ , [those groups. _ \ e !councilwoman Campbell asked if the request was the result Of. a majority vote in the .\ Task Force. Also, why the question had not been raised during the first meetings. She was not convinced the Task Force needed enlarging and said that hearings would be held at which time the different viewpoints could be heard. Councilman Murray \ said the vote in the Task Force was unanimous ,re6ognizing that not everyone present I Ivoted. He continued that it was the intent to involve groups from high' priority areas \ lin the decision making as much as possible. Two more members could be incorporated ; 'into the Task Force he said, without too much inccmvenience in bringing them up to date, ~ .__._---~,-~"_....,_...._-.:....,.----.;..,-~._.:;...-~~'--"-""-"<~.,.._._-----.:...;.-~~"'-,...:.~----.:...:~-.."..-~--~-~._._._.~._------' 412 12/9/74 - 5 . -.- --."-."-- "-- ..._-_..._.._.._._-_..__.._..,~ .--.....-.------.------.... -.----- --.- -..... Councilman Wood could see no reason for not enlarging the Task Force as requested. ! ,He thought the additional members should represent the Committee on Aging and the \ .Architectural Barriers groups. Councilman McDonald felt the neighborhood groups \ should be consulted first when informed by Mr. Murray that they had not been formally; .a 'approached about enlarging the Task Force. Mr. Murray said the proposal for the two! '11'- :additional people was made by one of ~he neighborhood groups' representatives. Councilman! Keller called for the question, saying he couldn't imagine anyone interested enough to I 'accept appointment and then not being interested enough to catch up on the work al- ! ready accomplished. He said the Task Force evidently felt they were not getting that ; ;type of representation in their meetings. I i Vote was taken on the motion as stated. Motion carried, Council members ! Beal, Keller, Murray, and Wood voting aye; Council members Williarils, ! McDonald, and Campbell voting nD. I I Cornm Mr. Keller moved seconded by Mr. Murray that the Council meet in executive 11127/74 session sometime within the next two weeks, that staff prepare a .list of A 'prove names of people who might be interested in. working on the Task Force plus suggestions from Council members, and that the final decision on the selec-' tion be brought to committee-of-the-whole for action on December II, 1974. Motion carried unanimously. (,. .,... ,--..', ,'.. "'... --' ..... " ,.., ""'---' -" ,-- -- ' .' ... -. '-' ..' ". . C. Bikeway Report - Copies of Bikeway Master.Planand a summary of conclusions and {recommendations were distributed to Council members. ,Ruth Bascom, chairman of the lBicycle committee, reviewed the process for developing the plan over the past four ~ ;years through work of the committee and citizen input. She suggested restructuring ~ ~of the bicycle committee at this point to a high-level staff committee with citizen ~input for implementation of the plan. \ :~ ~ r2Al Williams, traffic engineer, reviewed highlights of the plan which covered some [150 miles of bikeways in the.metropolitan area. He said copies had been presented Ito the planning Commission and that hearings would be held before the Commission on December 10. More formal presentation would be made to the Council after that. Total cost of implementation of all elements of the proposed bikeway master plan was estimated at $5.8 million, $3.9 million of which would cover 116 miles within the city limits itself. Various funding sources would be available, he said. He~SlJg~ \ gested that at the time of Council consideration, sometime in January, there would ~j be recommendations with regard to funding sources. He noted the uncertainty of de- pending on State funds - 1% of highw~y revenues set aside for bike paths - because the first priority for those funds was for automobile facilities. Mr. Williams said ' the plan was intended as a guide in providing bicycle facilities and could be ! changed as needed. He noted implications as the plan concerned manpower in the pub- lic works department and said that would have to be handled in the normal budgetary \ process. Councilman McDonald said some people had expressed concern about the difficulty ex- ~ perienced by pedestrians using paths on Echo Hollow road. He suggested separate paths I for pedestrians should be installed. , Mrs. Campbell moved seconded by Mr. Murray to refer the Bikeway Master Camm Plan to the Planning Commi!?,sion~f~pgJ!llTI?!!dation and ask staff to be H/27V74 prepared to I!lake recommendations wi th regard to makeup of a restructured Apprpve bi)2ycT~~ittee. Motion carried unanimously. 1 ,_~ 1\ ~ D~Lane County Auditorium Association - Copies of report from the Lane county Auditorium ~: IAssociation with projected expenditures for the next three years were previously dis- . r \ I ,tributed to Council members. James Kays, speaking for the Association, reviewed I changes in the audi tori um concept - elimination of convention center, portion of the I 'meeti.ng, rooms-, restaurants, etc. - and said the Association's Board had decided to \ .sed private'-:f-t1fld.i'ng.~for construction of the facility. Their intent was to approach " foundations, ask for p:r;)vate contriJ!.u,tiQI1s, and use other fund'raisi-ng devic..es \ rather than using ci ty 'Funds. To'ao thiS;-'~he--..f:iajd., would require alu11-'tI;ne"director, \ and the Council was asked~prove allocation of 'Funds from room tax monies~over.: compensation for that position and staff that would be required. ~~ ,. I Cou!3c;ilwoman Campbell wondered. if the Association could really' say .thattax 'money would not be involved. She said she knew of no auditorium of the sort proposed which \ ~ would be self-supporting in its operation, and she felt it should be made clear that: . eventually the city would be involved. Mr. Kays replied that construction funds were the only concern at this time. He said th~y couldn't categorically state at this time . that tax money would not be needed, at some point, but for now the concern was for re- vitalizing auditorium plans, updating the study in terms of what operational defi- ciencies or costs might be. I . __ I Ar\~ 12/9/74 - 6 - I ". '. '.' ~ iCouncilwoman Beal asked how much money the Association was requesting. Mr. Kays I called attention to the budget included in the report and projections of expenditures , for the next three years (totaling $65,000 for 1975; $60,000 for 1976; and $57,000 ~ for 1977). 'He said that any allocation from room tax funds would be a commitment only, I ~ use of that money would be contingent upon the Association's success in obtaining founda~! tion support. Association money on hand would.be kept for emergency purposes. Mr.Kays ' said it was felt after the Council had requested a report on status of the Association that the Council now should either reaffirm its interest or the Association should be 'disbanded so'far as efforts toward planning for a facility were concerned. If the 'Council was interested in supporting the building, the Association then requested per- 'mission to apply for the necessary funds from the Room Tax Allocation Committee. . : Councilman Murray asked about items in the projected expenditures for salaries. He ex-" !pressed concern about the amounts requested, particularly the continuing use of i architects' fees, and making a three-year commitment. Mr. Kays said a salary for a , director had not been set because there was not yet agreement on specific duties of ; the position. However, enough was allowed to provide for a directo! and whatever i office help would be necessary. He added that expenditures for the next six months : probably would go for architects' expenses. He said the three-year approach was used !because it was felt it would take that long to update financial feasibility study, ; getting to the pr i va te -sector for funds, etc., and taking into consideration the I I present economic si tua~_ion. _____'_.~' __ _, , ... , . ...._ I. P'''' __ ,__ .-__ .." " Manager suggested that a breakdown of room tax revenues and allocations might be de- . , \ e sirable if the Council was to act favorably on this request, That would provide in- \ formation wi th regard to the wide variety of acti vi ties which had been funded through I those revenues since dropping the auditorium commitment and which would be denied funds \ if this commitment were to be made. He expressed concern too about the necessity for some understanding of funding operation and mainte~ance of the facility should it be : built, he felt that should be considered even before the fund raising was started. (Mr. Kays said the position of the Association at this time was that'it needed to know : whether the Council wished the Association to pursue the goal of having an auditorium ; facility. The largest expense faced right now, he said, would be for architects. He : added that the Association had about $54,000 on hand from shows presented over the past : few years. I Councilman McDonald was in favor of the request. He noted that the robm tax monies \ 1 were originally to be earmarked for an auditorium and said he thought it was understood ' ithat operation of the facility would be under deficit financing.. He ffdt the community' was still interested in having an auditorium, that bond issue for its construction was rejected by the voters only because of dissatisfaction with its proposed location at that time. Manager said he raised the question of use of room tax funds because the concept had been changed from the original plan of bein~ more or less self-supporting which woula appear to have allowed room tax revenues to have successfully covered the deficit. Catherine Lauris, member of the Association, noted that financial study be- e ~. fore the bond election gave three estimates under three different concepts. Even wi th I the convention center, she said, an annual deficit of $50,000 was estimated, and that : I 'was the figure the room tax committee received. She said one reason operating money , r was needed now was to revise those estimates because the concept had changed qui te a bi t. l 'Councilman Keller left the meeting. I I . I Councilwoman Beal thought it had always been obvious that room tax revenues were to be I 1 used primarily for support of an auditorium. Also that the Jarvis report had taken : \', into consideration defici t operation of the facili ty and that, the room tax funds would I ~be used to assist in the operation. She added that she thought the community wanted , I the facility but rejected the bond issue mainly because they did not want to use tax I I money fQr its construction. I I I Mrs. Beal moved seconded by Mrs. Campbell to refer the request of the I I Auditorium Association to the Room Tax Allocation Committee with the note that the Council believed the Association should have a commitment I for a portion of Joom .tax revenues. In seconding the motion Mrs. Campbell said she hesitated because of the commitment being r _ I. made and the fact that new.Council members would be taking office in January. She ex- e ;' pressed concern about the ,amount of mone.y be asked, saying she would like to see' the i Association pledge their own funds for 'at least 30% of the proposed budget and ask the , Allocation Committee for the other 70%. I : Councilman Murray wasn't fully in support of the dO.llar figure or the three~year commit- I i ment.., And he didn't want to see the Council go on .record for '~undying obligation" to , the Auditorium Association on the basis that that was the reaso~. for passage of the room~; ..---,;....... .. ~.'-- .........-- ..~_.~.- --- ..~ ---.- ~----.....-.....~.., _....-..._.~..-.. ....____ ___'_"_"__~__"_""""-"...~n.._~._______~_ .~___ ..~.~~ 4\4 12/9/74 - 7 - I tax ameiidment:- COUlldlwoman BeaI said that was' lio"t -fiie"iiiEeni:- ofu'her 'motion. She' sald the motion ,did not mention any amounts, that would be up to the Room Tax Committee. The : intent, she said, was to say the Council accepted the new auditori-um plans as they did ! the old, and that it felt the Association had a valid claim to whatever the Allocation . Committee suggested to the "Council ~ Mrs. Beal withdrew her motion, wi th consent of the second, and instead moved Corom to recognize the efforts of the Association and express support of what 11/27/7,4 the Council hoped would be a viable plan, and refer the Association's re- Approve quest to the Room Tax Allocation Committee for reaction and recommendation. Mrs. Campbell seconded the motion. , Councilman McDonald felt the Council should make the decision, that it would be "passing i the buck" if it was referred to the Allocation Commi ttee. He said city voters had adopted: i the room tax for construction 'of an auditorium, and he expressed surprise at the possi.- .- ibility the room tax. revenues would not cover the request. Councilman Wood could see no ,problem or conflict with referring the question to the Allocation Committee. He noted ithe need for a little more detailed budget but felt the three-year commitment could be curtailed after a year if other revenues were forthcoming. Vote was taken on the substitute motion as stated. Motion carried unanimously, Mr. Keller not present. ..r E"Sidew~lk con;'t;~~ti;;n, -D~nebo Avenue south of Royal- counci1-'was'~~ked"to initiate: - c\--, the project. ; · ~'\) , ~ I Mr. Wood moved seconded by Mr. Murray to place the item on the December 9 Comm consent calendar for approval. Motion carried unanimously, Mr. Keller 11/27/74 not present. Ap2rove -" - _..,~_. ---..,.--..------'-.--- .- -_...-_... ., ~F, rAPp~~i, Denial of Us~d-M;:;~~h~~d~se' Deale< s' Li~'e;';~~~-Ge~;'ge Stathakis for Georg~' s \ ~ ! G~rage, 341 VanBuren Street - s~gn Code v~olat~ons and ~llegal outdoor merchand~se \ Comrn '): ! d~splays were the bases for den~al. 11/,27/74 I A . I Mr. Wood moved seconded by Mr. Murray to schedule public hearing on the p~rove ! appeal at the December 23, 1974 Council meeting. Motion carried unanimously, i Mr. Keller not present. G. I Motorsport Park 'at Airport - Ray Reams, president of the Eugene Cycle Activities ~\Association, explained the purpose of ~he proposed facility and said it w~uld not be , !limited to motorcycles, that it would be a place where inexperienced cycl~sts or \ young people could be taught practical safety standards and techniques, use of safe \ equipment, and otherwise teach young people how to ride to avoid o~her vehicles before they attempt to ride in traffic. He mentioned the bike and pedest~n paths built , !by the city and wondered why a specific spot should not be allowed for motorcycles. - - I ., lEd Smith, parks and recreation director, displayed a map showing locations of resi- 1dences in the vicinity of the airport. In response to Councilman Williams, Mr. Smith \said the land in question was zoned for agricultural uses and that the activity could, : be permi tted on a temporary basis. :'1 \ '\ 'j \Councilman Murray expressed concern that children~would be taught to do something they l wouldn't be able to do legally Jd!1.tj)tJ:1.ey were ,six.teen. He asked if ,~hf3!rewould be _... _ .... ." ".__'__" ,_ _....;.....,,;..-... __.~..-..-............~_,.-,.__._.._........,.....~=.,,:r~ ."1/';/".".._,--_...,.,._.._ .' - ~-.. _' . ~ ..' .. " [any age limits for beginning riders. Mr. Reams answered that the purpose was not to I ,encourage young children to start, rather when ,they did start to teach them to ride : 'properly and safely. Dale Nichols, member of ECAO, added that it was planned to have I training and family programs, that the facility, they thought, would get those interested ih motorcycle riding out of the vacant lots and city parks. He said there was no age ( limit planned for beginning riders. , Councilman McDonald wondered if the facility would be used for training only or whether, I it would also be used for ra~ing and maybe result in a noise nuisance such as the auto I racing park on West 11th. Mr. Reams answered that both training and racing would take ' place. However, he said, certain equipment would be required that would muffle the noise and people not meeting the requirements would not be allowed to ~se the faciJi ty. e Mr. Smith explained that if a temporary permit was granted by the Lane County Planning Commission, an agreement covering criteria for operation of the facility would be . worked out with. the ECAO for Council consideration. Councilman Wood left. the meeting .\ ~\:, 12/9/74 - 8 I' - '" ,~- ~w. ~. ._ .- ....~, .,<-"-" --'.-.- Mr. Murray moved seconded by Mrs. Campbell that permission be given C6mm: the parks and 'recreat~ondepartment to seek a temporary permit ~s re- 11/27/74 I quested for the Motorsport Park at the airport from the Lane County Approve . I Planning Commission. I . In making the motion Mr. Murray said he still had reservations about children's being ; encouraged to do something they might not be able to do legally. . , ; Juli'an Falk who said he lived on Airport Road was concerned about the noise the facility : would create and said no one living in the area was J:n favor of its installation. He said it was his understanding there would be no fence and he was ~oncerned that the vehicles would be crossing cultivated fields. Roger Campbell, member of Territorial Racing Association, noted tests by their group , that inqicated noise levels from automobiles on the street adjacent to their facility I created more of a nuisance than did the motorcycles. They had no problems with ,neighbors, h~ said. He called attention to a need for the type of facility proposed : at the airpo-rt. He said the younger children - five and six years of age - learned I "!ore easily and were more conscious.Of traffic when they did start riding on roadways : ~f taught safety standards. In add~tion, they learned other skills - reading, I mathematics, mechanics - in the process of learning t:o ride motorcycles properly. Vote was taken on the motion as stated. Motion defeated, Council members Campbell and Murray voting aye; Council members Williams, e McDonald, and Beal voting no; Council members Keller and Wood not present. Mr. Reams ,was informed that formal action on the committee consideration would be taken ~ a.:~ u ~11~..!.~~'!.~i3!~. c:.C?u~.c::i ~ rr:.ee t:!.r:.~_~~..!1c:~da y, ,~.ecember:". __~_'_ ...... __u. -... ".." -. . (1728) Gene Davis, 1734 Summit Boulevard, Springfield, speaking for the Eugene Cycle Activitis Organization from whom the request came for a sports park near the airport, explained the need for the facility in this area. He cited statistics indicating about 30,000 off-road vehicles in this area having no place to operate other than on private property. Schools are beginning to recognize cycling as a sport and classes are being organized to teach proper riding and use of safe equipment, he said, creating a need for someplace to compete. Such a fac-lity would. also provide a'pla~e to learn proper ways of handling the vehicles and a place to practice under controlled conditions. He questioned the argument that the city's liability would be a problem, calling attention to programs using bike paths, swim- ming pools, athletic equipment, hang gliders, etc. , in which the' city was already involved. He said the ECAO would provide a $25000 liability policy in connection with use of the park. With regard to noise, Mr, Davis continued that there would be controls requiring use of proper mufflers. He felt that noise from the cycles would in no way compare to the noise of planes at the airport or other land uses in the vicinity. And with regard to - encr~chment upon neighboring properties, he said that would be taken care of by fencing the motor park to contain the activity, He asked Council recognition of the need for a motor park in this areaby granting permission to apply for a temporary use permit from the County, (1929) Julian Falk, Route 1, Box 686 (Airport Road) was opposed to the request, stating the park would be an attractive nuisance. He presented copies of a letter from Elfred Drake, another resident living on Airport Road, also oPPQsing the installation, Mr, Palk read from the County Code uses permitted in AGT District, the zoning applicable to the area, and noted conditional permits would be permitted only if there was conformance to all criteria. He felt that would not include cycle activities, He thought the noise would be a real nuisance and said he did not want the facility in that area. Ray Bond, Route 1, Box 706, (Airport (1952) Road) was also opposed to the installation because of the anticpated noise. He felt there were discrepancies in testimony with regard to proximity of residences, saying there were several closer to the proposed site than noted, including his own home, He also considered the proposed use would constitute "public assembly" which would not be allowed under air- port vicinity uses, In favor of the facility were Don Wilhite, 2525 Newcastle; Dave Copeland, 1691 Russett Drive; and Ray Reams, 695 Palomino, Mr. Willhite said it would be a supervised, temporary facility until a larger facility could be installed, preferably not on flat ground. He said activity would be in the center of the area away from property lines and would not interfere with . neighboring properties. Neither did he think there would be trouble with riding when the facility was closed; he cited experience of other parks in the state and said because the (1927) motorcyclists w~nted to keep a facility available for their use they would not permit ~buse of regulatim~governing it. Mr. Copeland said his experience had shown noise to be the least of problems connected with cycle facilities, and he thought parents would fe'el better knowing their children were getting proper training rather than riding without supervision (1942) and illegally on streets. Mr. Reams noted that the request before the Council was not for approval of the park, but for permission to file an application with the County for a --~-- 4\.b 12/9/74 - 9 I I I temporary use permit. He hoped they would at least'havethe opp0rtunrty, to' find"out whe- ther the County Planning Commission would permit the activity in that area. Others speaking in favor of the-proposal were Del Butts, l26.Prai:de .Road; Junction City, . representing the Territorial Racing Associati0n, and Dwayne Crabtree, 2236, 'F10ral Hill Drive, representing the McKenzie Motorcycle Association. Mr. Butts presented copies of their by- (1995) raws to Council members saying theirs was a nonprofit organization the. same' as the ECAO. Mr. Crabtree said that cycle sports could not be ign0red, some place would have to be pro- vided in time and: the temporary facility requested wou,Jd provide a place for now. I Drs. Arthur Hockey and John Serbu, ' 1180 Patterson Street, neurological surgeons, stated ob- jections to use ofmotorcyeles bYY0unger people in view of statistical evidence of injured and maimed people resulting from the activity. They felt the city's cond0ning the activity through approving the .requested application, especially if the fac,ility was 'to be used by . younger children, was unjustified. Jim Roberts of Springfield and OwenL. Grove, 4780 Burnett Street, pointed out that the ob- (2069) ject of wanting a place for the ?pecific use of cyclists under supervision was 'to teach proper riding and use of equipment S0 that the injuries described by the doctors could be avoided. Public hearing was closed, there being no further testimony. Councilman Williams n0ted statistics quoted by doctors that indicated about a one-to-eight (21 chancethat'children between the ages of 16 and 21 riding motorcycles would either be killed .or permanently injured. In view 0f those statistics, he said, as a councilman he was not willing to endorse any action that would further the activity. He was not willing to say that motorcycles should be outlawed, but neither was he willing to say that the city should support or provide specifically for what appeared to., be an extremely dangerous facility. For the city to give such permission, he said, would make it that much more difficult for parents to deter their children from riding. Councilman Wood was in support of the request, He felt the city would be adopting double (2111) standards in view of other programs it was supporting if this program was not endorsed. He said the question was one of giving cyclists an opportunity to have supervised rt.ding and a place to ride safely. He thought the statistics presented might apply more to .on-street riders than to the type of riding that would occur on the ,~equested faci+ity, He-felt that not to support the facility would .beto ignore what would b~happening anyway in unau~horized locations. Councilwoman Beal agreed with Mr. Wil.1iams' viewpoint. Neither did she want to become in- (2130) volved in the city's telling people how to manipulate what was an essentially dangerous vehicle and one not necessary to ride. She'understood the organization was nonprofit but she thoughLthe city should not become involved in any sort of racing operation. And she recalled the nuisance created on 11th Avenue by the car racing which she did not want repeated. '. Even though it would be a temporary use, she said, when the temporary use was over the city would be responsible for finding another location for the activity, and that should be avoided. Councilman McDonald asked whether the city had the authority to permit the temporary use re- (2143) quested when property other than the airport was not in city ownership, Manager answered that the ground in question was owned by the city, private properties were immediately to the north and to the east. He said the County Planning Commission would be the agency which would have to give the temporary permit. Councilwoman Campbell was undecided about theproper~thing to do. She thought the purpose of the facility would be to teach proper riding and use of equipment which would result in eventual reduction of the statistics of injured and maimed people quoted by the doctors; yet she did not feel she wanted to "sign a death warrant" for those people who would use the facility. She favored doing something positive in the way o~ educating people who would be riding motorcycles. Dr. Serbu answered that he was not so concerned with "signing a death warrant," that was going to have to be done some day anyway. The real concern, he said, was with those having to live out their lives as cripples. Children 12 years old were not of age to know the terrible results that could"occur. Mr. Wood moved to revise the action taken in committee~of-the-whole denying per- e mission for application to the County for temporary use permit that would allow the motor sport park. There was no second, and the committee action stood. H. Council Minutes - October 29, 1974 as circulated. Approve . /' 12/9/74 - 10 ~,.... .' . - ,-,:;- 4\7 ' , 7 . _ ~ ~'-_ "I \~?rI,State Legislation, Library- Councilwoman Campbell wondered if modification of Stat~j 'law as it affected libraries - allowing operation as a city departmeht - would have C any impact upon the city of,Eugene. Manager replied that any change in operation 11/27~;~ ~ ,of the Eugene Public.Library would require a c.h~rter amendment, that it was now. I. File 1. operated under the L~brary Board a,n~,_r:ot as a ,c!:ty department per see .,_,,,,-,..:1 - J ~~ J, iUnited Fa.rm W~rkers invited" Council members to Thanksgiving dinner at the Lutheran~"'_ Comm \ : Church beginning at 11:30 a.m. on November 28. l' 27/74 , 'Jile K, 'Council Meeting Schedule - December 4 committee~oi-the-whole meeting was cancelled '\ \(J ! -since most Council members would be attending the Congress of Ci ties in Houston, Texas.!i ,There appeared to be no reason not to hold to the regular schedule for formal Council d ,meeting on Decemh.~r... 23 ,n?, "P?uncil mell!~:~s ,~I1d/c:~t~c!, the~ ,w.o.!:ld be ~~sent;."..... 11/:27~;~ File Mr, Williams moved seconded by Mrs. Campbe 11 to approve and fi Ie as noted I terns A th~ough K. Rollcall vote, Motion carried, all council members present voting aye, (2197) . III - Items Not Prev10usly Heard ~~ A. Auto Wreckers Licenses ') 1. John Davis Auto - 1975 renewal - body and fender shop 3808 West 11th Approve 2, Thomas A, Klingbeil and W. W. Waggoner - Moving junked autos ~ Balance of 1974 and 1975' Approve .. ),g'\B. Am~ndatory Contract, HUD, Coburg Road median and triangel at Country Club ~ Road - Correcting description Approve rx.~ C, Option, Purchase Willamette Street right-of-way between 29th and 30th, \ east side - Froman F. and Mabel G. Chambers - $65.00 Approve ~ D. Appeal, Final Plan Approval, Covenant Park PUD - Call hearing for \ December 23, 1974 Approve E. Street ,alley, ,and..:easemenLvacations~r~cbmmeIi.ded ;by the Planning Com- \ mission on October 21, 1974 -:J...\r:Cbl.-Berkeley Park pedestrian easements north of West 18th between City View and Oak Patch (petition) '~,2, 6'x56.3' alley west of Jefferson, north of Cheshire (Dieter) "<,3. -'Portion of Dillard and Fox Hollow intersection and renaming streets ~ accordingly (city) Call hearings for January 13, 1975 Approve Mr. Williams moved seconded by Mrs, Campbell to approve the items as noted, Rollcall vote. Motion carried, all council members present voting aye. _,0) IV - Ordinances I-W~ Council Bill No. 690 - Calling hearing January 13, 1975 re: Vacation Berkeley Park pedes- trian easement north of West 18th Avenue between City View Street and Oak Patch Road was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Williams moved seconded by Mrs. Campbell 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 Mrs. Campbell that the bill be approved and given final passage. Rollcall vote, All council members present voting aye the bill was declared passed and numbered 17216::, ,'!J Council BillNo. 691 - Calling hearing January 13, 1975 re: Vacation of 6'x56.3' alley \west of Jefferson Street, north of Cheshire Street was read the first time by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Williams moved seconded by Mrs. Campbell that the bill be r~?:d,)the seciop.d'rtimeib~lq)Uncil :jIi 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 Mrs. Campbell that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17217. \,\l'\ Council Bill No. 692 - Calling hearing January 13, 1975 re: Vacation of portion of Dillard Road and Fox Hollow Road intersection and renaming streets accordingly was read by council bill 4\5 12/9/74 - 11 . number and~tit1e only, there being no council member present requesting that it'be read in full. Mr. Williams moved seconded by Mrs.Campbell 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 Mrs... Campbell that the bill be approved and given final passage. Rollc'a:i1 vote. All coun~il'memberslpresent voting aye, the bill was declared passed and numbered"l 7'218. V - Resolutions (2228) ~~~ResolHtion No. 2354,~,Authorizing amendatory contract, HUD" OSD-OR--10-l6-1017(G) re: Coburg Road median and' triangle at Country Club Road, correcting desicription, was read by number and title. Mr. Williams moved seconded by Mrs... Campbell to adopt the resolution. Rollcall vote, Motion carried, all council members present voting aye. \<:1\0 Re so 1 ut ion No. 2355 - Authoriz,ing payment of bill's, claims and progress payments for period November 25 through Dee-ember 9, 1974 was read by number and title. Mr. Williams moved seconded by Mrs~ Campbell to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye, . Mayor Anderson requested any council members interested in.serving on the subcommittee (2233) to consider social ,gambling fees to let him know. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, (2235) December 23, 1974. // McKinley Manager . .-' \ ,e 4/9 12/9/74 - 12