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HomeMy WebLinkAbout05/27/1975 Meeting - -- (I-A-l) e MINUTES EUGENE CITY COUNCIL May 27, 1975 Adjourned 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 May 27, 1975, in the Council Chamber. The following Council members were present: Neil Murray, Gus Keller, Wickes Beal, Tom Williams, Raymond Bradley, D. W. Hamel, and Edna Shirey. Eric Haws arrived late. I - Greetings to the Finnish National Team - Mayor Anderson introduced Dave PompeI of the Parks and Recreation Department, who introduced the coach and members of the visiting Finnish National Track Team. II - Public Hearings A. Appeal from Sign Code Board Denial of 1st National Bank Sign at Valley River Center (Federal Sign & Signal Corporation, applicant) Recommended Denial by Sign Code Board on March 31, 1975. The Sign Code Board had granted partial variance allowing one exterior sign on the east side, the size to be determined by the length of the exterior portion of the wall (3 square feet per lineal foot). Federal Sign and Signal Corporation is requesting a permit to install 2 single-faced signs because the new Lipmans will obscure the existing sign. The request was to relocate and install two 100-foot signs on the east face of Valley River Center, which would be visible from the parking lot north and south of Lipmans Department Store. The variance granted in 1970 by the Board allowed up to 50 square feet of outside signing for businesses not having exterior wall space. The Board denied the dual sign concept. Public hearing was opened. Neil Ellsworth, 1670 West 7th, representing Federal Sign and 1st National, told the Council that the appeal was based on the basic code concepts of fairness and reasonableness. First National is making their request due to circumstances beyond their control - the building of Lipmans. Before development, their advertising sign exposed their location to the entire parking lot area on the east side and to the highway that passes by the shopping center. With the placement of Lipmans they no longer have that position of total exposure. With one sign, they would be exposed to only one side of the parking lot. Jim Black, 1615 Ridgefield, and an employee at First National, noted that a customer recently spent 1/2 hour looking for the branch after he arrived at Valley River Center. He felt that one sign only would provide too restricted an exposure. Public hearing was closed. Mr. Williams noted a conflict of interest in voting on this sign matter. No other ex parte contacts or reasons for conflict of interest were declared by council members. Staff indicated there are S4 tenants at Valley River Center with entrances only from the interior mall and without exterior exposure. It was felt by the sign code board that 1st National should follow this precedent. Building Sueprintendent Nolte said that, in December, 1970, the sign code board 21'B 5/27/75 1 granted two points: Any business with no exterior wall space would be granted 50 square feet of exterior signing; and any businesses with exposure on only one side of the building would be granted up to 50 square feet of ...~ identity signing on the opposite side of the building. Staff feels that ~ that decision is appropriate in the case at hand. Mr. Ellsworth said that, if their sign had a 50-square foot limit, it would necessitate reduction of the letters in that sign to 7 inches, which he said would be totally impractical. The bank operation requires a great deal of public and outdoor exposure because of travelers' needs for bank services. He further pointed out that, if First National is granted two 100-foot signs, they would be placed in such a way so that only one sign could be seen from any given point. (I-A- 2) Mr. Murray moved seconded by Mr. Keller that the Council tentatively deny the appeal from the Sign Code Board decision not to allow the sign and direct staff to prepare findings of fact. Mr~ Murray said it seems the existing code is certainly appropriate and in keeping with the standards the city is trying to achieve and maintain. He agrees it causes difficulty for the bank but felt those "are the breaks" in a shopping center type of arrangement. He suggested perhaps having better and more appropriate directional signs within the Center to direct people. Vote was taken on the motion which carried, all Council members present voting aye except Mr. Williams abstaining. Mr. Haws arrived. B. Planning Commission - Recommendation for Annexation of Property Located North of Beltline Road and West of Delta Highway North Planning Commission May 6, 1975, recommended forwarding to BoUndary Commission for approval. The Planning Commission had previously recommended to the City Council the annexation of the County shops and Pacific Northwest Bell sites. The Council accepted that recommendation but asked the Planning Commission to reconsider annexation of the Eugene Sand and Gravel and Wildish Company sites. Planning staff notes, Planning Commission minutes, maps and other materials are a part of the record. Public hearing was opened. (I-A-3) John Alltucker, President of Eugene Sand and Gravel, explained their operation had been located within th~ city limits until 1960 when they began to look for a new site and subsequently relocated to the present one. Since then Eugene Sand and Gravel has worked with Lane County in developing a sand and gravel extraction ordinance, which now governs the use of the site. The . sand and gravel company incurred substantial expense, as they agreed to finish the right of way, maintain the grade and construct a portion of the Delta Highway. Mr. Alltucker went on to say that the Company does less than 20% of its business in the city. He also noted that the added expense of city taxes would place an undue financial burden on the business. He feels there are two good reasons for not annexing. The first is the period of years the company has been here. The second is that the city is not prepared to work as effectively with the city as it is with the county. Public hearing was closed. Staff explained that, when the Planning Commission reconsidered and reversed their previous decision, thereby recommending annexation of the Eugene Sand and Gravel and Wildish Company sites, it was based on the fact that the area involved is within the urban service area in the 1990 Plan. It also seemed clear that Eugene Sand and Gravel would at some point be increasingly 2.19 5/27/75 2 e . - (I - B- I) -- (I-B-2) - (1- B- 3) surr,ounded by areas that are a part of the city and exclusion of these parcels would result in an illogical city boundary, with ensuing confusing and uneconomical public service delivery. No ex parte contacts or reasons for conflict of interest were declared by counci I members. Mr. Murray moved seconded by Mr. Keller that the Council go on record as recommending the annexation of the property located north of Beltline Road and West of Delta Highway North and incorporate the findings of fact as contained in the May 6 Planning Commission minutes. Mr. Murray felt that putting all of that area under one jurisdiction may avoid incompatability and would also create a logical boundary. Mr. Williams raised a question regarding whether Fasano guidelines apply in this annexation case. He wondered if Fasano applies to an annexation when the property owner is not in favor of it. City Attorney felt that Fasano does not apply to annexations. Mr. Bradley wondered if this annexation has been referred to the Lane County Planning Commission or the County Commissioners for any input they might have. Staff's feeling was that, since the request came from the County, they would be aware of the entire proceeding. In answer to a question regarding what benefits could be seen from this particular annexation, Assistant City Manager said it would provide a full range of city services including planning services, fire protection, police and public works services. Mr. Bradley wondered what affect the annexation would have on the existing zoning ordinances. Would it be necessary for a sand and gravel ordinance to be adopted by the City before annexation, would the land come into the city as unzoned land with a non-conforming use attached to it, or will the existing county sand and gravel ordinance cover the annexed property. Mr. Saul explained that the existing county zoning would remain in effect and the city would use that until it initiates a change. Assistant Manager add~d that, if the property is annexed, it comes in with the burden of all conditions imposed on it by the county and remains such until acted on it by the city. In other words, the present zoning stays Ll effect and there would be no need for the sand and gravel operation to request a conditional use permit unless the city subsequently seeks to zone it otherwise. Vote was taken on the motion which carried, Council members Murray, Haws, Beal and Shirey voting aye, Council members Hamel, Bradley, Keller and Williams voting no, and the chair voting aye. Resolution 2401 - Recommending to Boundary Commission annexation of area north of Beltline Road and west of Delta Highway North. Mr. Murray moved seconded by Mr. Keller to adopt the resolution and findings of fact in Planning Commission minutes of May 6. Motion carried, Council members Murray, Haws, Beal and Shirey voting aye, Council members Hamel, Bradley, Keller and Williams voting no, and the chair voting aye. .2..~o 5/27/75 3 C. Garbage Board - Recommendation of Creation of Special Garbage Hauling Rates f6r Compacted Garbage ~ Recommended by the Garbage Board at their May 14, 1975, meeting. .., Action had been deferred back to the Garbage Board because of concerns expressed by one of the major garbage haulers. That meeting resulted in proposed modification of the compacted garbage rates. Public hearing was opened. (I-B-4) Art Braun, 4011 Kildaire, owner of Arts Garbage Service, wrote to the Garbage Board saying he felt present rates to be adequate because compacted garbage is not an important factor at this time. He did not feel the economy would be improved by another rate increase. Public hearing was closed. Assistant Manager said the Garbage Board has considered the matter at substantial length, and he felt their recommendation should be pursued. Resolution 2402 - Amending Resolution 2343, adopted 10/29/74 re: Compacted Garbage Rates. Mr. Murray moved seconded by Mr. Keller to adopt the resolution. Motion carried unanimously. D. Appeal from Planning Commission Denial of Rezoning Property at North End of Grand Street (on West side) (Blinkhorn) (2 75-1) ~ Denied by Planning Commission April 1, 1975. Continued from postponement of ,., hearing at May 12, 1975, Council meeting - continuance requested by appellant. (I-B-5) All documents submitted by the applicant with Planning Commission minutes and Planning staff notes are a part of the record and the Council has viewed the property on tour. No ex parte contacts or reasons for conflict of interest were declared by Council members. Public hearing was opened. Richard Cleveland, Attorney, 975 Oak, asked that, in aid of proof of public need and aid of clarification of deliberations, a similar application by Mr. Safely near his property, which was considered at an earlier date and approved for R-2 zoning, be incorporated into the record of this proceeding. He commented that the compatability ot this project with the zoning in the entire region should be established by the Council and that R-2 would be appropriate. He also said it would seem to be in conformance with the 1990 Plan. Mr. Cleveland mentioned the possibility of the Roosevelt Freeway being constructed in that area. If there is no freeway, he said, R-2 would seem reasonable. If there is a freeway, it would not seem advisable to have single-family dwellings in an area like that. (1-B-6) Leo Reed, 256 North Grand, owner of two tax lots now zoned RA, mentioned having 5 rental units on the two tax lots. He expressed support for the proposed zone change. e Frank Beeson, 2961 Powell, owns property across from the property in question. He said he has never been contacted by either the proponents or by the neighborhood group. He is disturbed by a declining neighborhood and feels A2> \ . . . .' 5/27/75 4 - (1-B-7) (II-A-l) e (II-A-2) (II-A- 3) - Council should make the entire area R-2 or else deny the request. "Piece by piece does not make any sense". Allen R. Unkeles, 247 N. Grand property owner, felt that any proposed change should await further study. Too, he felt the traffic is now relatively light in the area. By connecting Grand with Polk, traffic will be increased which will mean heavier traffic by Whiteaker School. If Council reverses the Planning Commission decision, a joint meeting will be required. He does not feel it worthwhile to spend that much time on the issue now because it will be decided in the Whiteaker Community Plan. Cecil Strange, 335 N. Grand, mentioned talking with some of the older residents who said they did not want apartments in the neighborhood. When he asked why they signed the petitions, they answered they had been told it was for housing for elderly people. Mr. Strange also stated feeling "hemmed in" by the Safely rezoning. Public hearing was closed. Assistant Manager noted, in response to Mr. Cleveland's discussion of the Roosevelt Freeway, that the status of that freeway is awaiting update of the ESATS plan. Mr. Saul explained that, in reaching a decision to deny the request, a factor considered was the affect that the 1990 Plan had on proposed rezoning. The Planning Commission felt the plan indicated that this area was suitable for low-density residential use. In reference to the Safely rezoning, Mr. Saul mentioned that during those deliberations there was extensive debate at the Planning Commission and City Council levels over implications of the general plan diagram itself. It was the feeling that that area was not indicated in the plan diagram as being medium or low density. Mr. Bradley asked Mr. Cleveland if he could give any indication that the proposed R-2 zoning would be in conformance with the 1990 Plan since Mr. Saul explained it seemed to be in conflict. Pointing to maps, Mr. Cleveland noted that the context of the 1990 Plan reflects 8 specific goals. He feels they comply with 7 of the 8 and perhaps even the 8th, the concept of environmental planning, while the Safely area complies with all 8. Mary Gillespie, 277 N. Grand, stated she is the oldest person on the street to have owned her property that long. She favors the zone change, feeling that improvements upgpade the area tremendousl~ The record reflects that 73% of the Whiteaker Neighborhood is rental where the average for the city is 50%. Rentals of the nature they propose would not be unusual to this particular neighborhood. Mr. Murray moved seconded by Mr. Keller that the Council deny the appeal from the Planning Commission denial of the rezoning. Mr. Murray recalled that, under Fasano, there has to be a demonstration of public need. Many things argue against that public need. To say there is a large amount of R-2 zoned property in the immediate area is not to demonstrate public need but to raise a question that there may not be a public need. It should also be demonstrated the area is in compliance with the 1990 Plan. Anyone looking at the 1990 Plan diagram in that area can only conclude it is a myriad. There is not much opportunity left for low density. He would agree with comments made by staff regarding being in the midst of refinement plans that may resolve these issues. 2.~1.. 5/27/75 5 Mr. Bradley mentioned he has never seen the Safely request which Mr. Cleveland asked be included as part of the record. He also has not had a chance to read Mr. Cleveland I s material, since Mr. Cleveland "submitted it just tonight". He _ would suggest postponing any decision until the next regularly scheduled meeting. Mayor Anderson noted that Mr. Cleveland had the opportunity to present the material earlier. Mr. Bradley moved to continue the matter to the next regularly scheduled Monday night meeting. Motion failed for lack of a second. (II-A-4) Vote was taken on the motion which passed, all Council members present voting aye except Ms. Beal voting no, and Mr. Bradley abstaining. E. Hawkins Lane Paving Project Postponed from Council meeting of May 19, 1975. (II-A-5) This project involves a total cost of $112,700 to be assessed against the benefited properties. Council has received summary prepared by staff plus staff report on the project and a summary of the staff hearing on the project. It was pointed out that staff is attempting .to receive council permission to go to final design and call for bids. The City's portion is coming out of the general fund rather than the bond fund and it is in the proposed 75-76 budget. (II-A-6) (II - B- 1 ) Public hearing was opened. Ms. Phyllis Lund, 2615 Highland Oaks, said the road is dangerous pedestrians, and bikes. It is now in a bad state of disrepair. interest in preserving a country atmosphere. If the improvement that atmosphere, she would like to know about that. - for cars, She expressed would alter -- Mr. Dewey Newman, 2040 Hawkins Lane, thanked the Council for delaying the hearing. He explained there was some acrimony at the staff briefing session for residents a week and a half ago. It stems from a bad memory on the Hertlewood matter when the people of that area felt plans were drawn before residents were made aware of the project, a project which they felt would change the character of the neighborhood substantially. He added that the street is dangerous but do~s not know if it is the condition of the road, driving habits, or overuse with insufficient maintenance. "We do not want our street to become a main connector and that has not been made clear to us at this time", he finally stated. Doug Melevin, 933 Pearl, speaking on behalf of Mrs. Broders, resident of 1905 Hawkins Lane, objected to 20 minutes for all to express various views. Historically this road has been a country road and he feels it is "too much progress too soon". He said that Mrs. Broders' assessment will be about $7,000 - that on top of a limited income. When 18th was repaved she was required to sell her property there because of the large assessment, he. added. Ms. Lund spoke again, saying she would not be in favor of the project if the street would become an arterial street. Long-range planning is needed, she felt. - Bobbie Newman, 2040 Hawkins, phoned Hawkins Lane residents and obtained names of those requesting postponement as well as a statement from 2 individuals saying they opposed the widening. It would appear the road improvement is a . '2..~'-; 5/27/75 6 - (II - B- 2) - (II-B-3) . matter of some haste and that planning of arterials has not been completed as yet. She feels information presented has been insufficient and would recommend at least a year postponement to study the area. She presented the two letters for the record. H. H. Norton, 2665 Highland Oaks, felt the present condition of the road might be a blessing because people tend to drive slower on a rough road. Public hearing was closed. Staff explained that present traffic counts were roughly 1450 cars per day. In the year 2000 the count is estimated to be 6500, which would class the street as a connector, one step above a rural street and one step below an arterial. There are presently signs of a major breakup on the street and estimates to repair the street indicate that to be an unwise option. Additionally, there has been preliminary approval of a PUD further to the south. Staff had told the Planning Commission they would attempt to initiate the paving project because of continued development on to the south. Deterioration of the street has been due to increased traffic and construction activities. Streets should be designed to support traffic, and it does become a matter of economics as to how long a road can be maintained. Assistant Manager pointed out that the City charges residents for only a 28-foot wide street. The City does pick up the difference. Mr. Murray said the question of what street improvements do to the character of the neighborhood comes up again and again. However, the 1990 plan does say something about preserving neighborhoods and he wondered if the city is in compliance with that goal when insisting on certain standards on road projects. Staff pointed out that drainage problems due to rainfall, etc. limit conformance to the 1990 plan. Too, a curb has a purpose of corraling the auto and separating it from the pedestrian. Asphalt streets are difficult to maintain without a curb on them. The road has deteriorated and there is a certain hazard that must be avoided. As to future planning, there is a large area of undeveloped land in that vicinity and it is difficult to forecast traffic flow until some development takes place. Mr. Murray said he did no~ find postponement repugnant but could not see much use in that postponement if the road will eventually have to be improved at an even higher cost. Mrs. Shirey moved seconded by Mr. Hamel to postpone the project for a year, because of shortness of time the property owners have had. Mr. Keller stated this dilemma is faced every time there is' an improvement project because it is affecting the people. The project is going to take place inevitably and postponement only increases costs. Vote was taken on the motion which failed, Council members Hamel, Beal, Shirey and Murray voting aye, Council members Bradley, Keller, Williams and Haws voting no, and the chair voting no. Hr. Ke ller moved seconded by Mr. Murray to approve the improvement .' .. '::'C~ Motion carried, all council members present voting aye ,'C. Beal voting no. 2\B4- 5/27/75 7 Ms. Bobbie Newman asked to speak, saying it is important to deal with some issues. One has to do with haste, she said. Alienation can really be a problem that is not necessary. She said she was trying to illustrate there is a problem that should be addressed by council. Too, safety will not be ... improved unless the speed is changed. Postponement would enable long-range ~ planning by residents, and Mayor Anderson called attention to the fact that designs would go forward and Public Works invites residents to come in and look at the designs. The project is not given a go-ahead until bids are awarded. This action merely gives instruction to Public Works to proceed. Bids ~ub1ic Works Proj ects-Street and Alley Improvenlents, ERA Downtown F. Namp of Bidder and Project 1. Street and Alley'Improvements - ERA Downtown Project No. 90-S 1. Wildish Construction Company.................. .$520,294.&7.....:..................,............................ ..$1&&,250.90......... .$190,000.00 2. Eugene Sand & Gravel 1ne.......................$545.952.10 . (75-7& Budge Contract Cost Cost to City l\mOunt Budgeted ------------------------------------------------------------------------------------------------------------.--------------------------------------------- Note: This is not for ~arding a City contract, but for concurrence in award of contract by ERA. (I II -A-I) Public hearing was held with no testimony presented. Mr. Murray moved seconded by Mr. Keller that council concur ln awarding the contract. Motion carried unanimously. 2. Parks Projects-Owens Rose Garden Restroom City received 5 bids ranging from $34,000 to $26,359, low figure being from Sunshine Bldg.Co. Staff recommends awarding bid to them. Public hearing was held with no testimony presented. Mr. Murray moved seconded by Mr. Keller to award the bid to Sunshine Bldg. Co. Motion carried unanimously. G. Public Works Contract Award-Paving and Sanitary Sewer, 1st Addition to Snelling Plat There is a waiver by developer asking that no bids be taken. Staff would recommend accepting the waiver. -- Public hearing was held with no testimony presented. Mr. Murray moved seconded by Mr. Keller to award the contract to Shur-way Contractors, Inc. Motion carried unanimously. . III - Items acted upon with one motion after discussion of individual items if requested. Previously discussed in committee on May 14, 1975 (Present: Mayor Anderson; Council members Murray, Keller (left early), Beal, Williams (arrived later), Bradley, Haws, and Shirey) and on May 21, 1975 (Present: Mayor Anderson; Council members Murray, Keller, Beal, Bradley, Haws, Hamel and Shirey). Minutes of those meetings appe,ar be~ow printed in italics. . . A.FlyingU. N.' Flag at City Hall - Recommended by the Mayor's Committee on Inter- national Co-operation to fly the U. N. flag on the north pole and moving the Oregon flag to the south pole below the U. S. flag. Mrs. Beal moved seconded by Mr, Murray to approve the recommendation. Corom approve 5/14/75 . -~ Evelyn McConnaughey, ;chairman of the Mayor's Committee, just returned fr~m a disarmament conferenoe at the United Nations, said this seemed the most im- portant thing that could happen in' Eugene at this time and would call attention to the need for world co-operation. vote was taken ~n the motion as stated. Motion carried unanimously. 2..~5 5/27/75 8 e B. Renaming 13th Avenue to "Wayne Morse Avenue" - Planning Commission on March 17,1975 recommended holding this request (presented by Charles O. Porter, attorney) until a decision was reached in the State Legislature concerning proposed purchase of the Wayne Morse property on Crest Drive for park purposes. Mrs. Shirey moved seconded by Mr. Keller to approve the recommendation. Motion carried unanimously. C. Lane County Auditorium Association reguested $32,500. Allocation Committee recommended approval. Councilman Murray said that Catherine Lauris, Auditorium Association representative, had advised him that members of the Association were unable to be present at this meeting. However, she expressed willingness for the Council to either proceed with its discussion or to postpone until Association members could be present. Hayor Anderson suggested holding the issue until members could be present since the Council had not been apprised recently of the Association's objectives and if allocation of room tax funds to the Association was to continue the Council should be aware of how the money would be spent. Cornm approve 5/14/75 Mr. Murray moved seconded by Mr. Keller to postpone discussion Corom until the May 21 committee meeting. Motion carried unanimously. approve 5/14/75 D. Western Rivers Girl Scout Council requested $19,500 for rebuilding Camp Cleowox. Allocation Committee recommended denial on the basis that the request did not fall within the guidelines for use of room tax funds. NO action was taken. e E. Parks and Recreation Department requested $4,050, $1,500 of which would be used for a performance shell and necessary wiring at Skinners Butte Park, the balance to fund a series of summer concerts in the Park and drama, dance, and music events in the Mall. Allocation Committee recommended approval. Mr. Murray moved seconded by Mr. Keller to approve the allocation. Betty Niven, 3940 Hilyard Street; expressed concern about amplified music in Skinners Butte Park, if that was why the electrical wiring was being installed, because of proximity of retirement apartments and elderly households. Ed Smith, parks and recreation director, explained that the wiring would be used for sound amplification, but the parks department was trying to establish a place where there would be some measure of control. This location would seem one of the less objectionable places where this type activity could take place and there would be control over the sound, volume, where it could be "plugged in," number of events, etc. In response to Councilman Murray, Mr. Smith said the shell would be located just east of Lamb Cottage. Vote was taken on the motion to approve the $4,050 allocation. Motion carried unanimously. Councilman Williams entered the meeting. F. (III-A-2) Musicians Mutual Association requested $3,554.10, to be matched by funds from the Musicians Trust Fund, for seven professional band concerts. The Allocation Committee recommended denial, at the same time asking Council members to give some consideration to duplication of the parks department request by this application. Approval of the parks department request and denial of this was seen as a question of comparing which funds went further and reached the most people in the community. - 2..&<0 5/27/75 Corom apI-rove 5/14/75 Corom approve 5/14/75 9 Art Fairchild, chairman of the Allocation Committee, explained that the Musibians Association had been funded through room tax funds in the past but their program was similar to that proposed by the parks department which seemed to offer more for the money allocated. The Committee, he said, had suggested the Association work out some program in conjunction with the parks department or reduce the number of concerts. However, because the musicians were pro- fessional people they hesitated committing their groups to only one or two concerts during the summer. -- Assistant Manager said staff felt individual requests should stand on their own merits, and since no one was present to speak for the Musicians, he sug- gested the Council might want to hear from them at the May 27 formal meeting. Mr. Murray moved seconded by Mr. Keller to wi thhold action on this request until the May 27 Council meeting. Motion carried unanimously. Comm approve 5/14/75 Mr. Jim Akin, 1500 Norkenzie, president of Musicians Association in Lane and Benton Counties, requested favorable consideration for a series of concerts. "It is a family activity - and it's free", he added. Eugene has a successful concert in the park series. If funded, Parks and Recreation will work with the Musicians Association in sponsoring these concerts within the neighborhood communities. The program under consideration, he added, is not a duplication of any existing program in the city of Eugene. It differs in the makeup of the body, kinds of music and location. The money provided by the city would be matched dollar for dollar by the New York Musical Performers Trust Fund and it falls within room tax guidelines. He further noted they are trying to create an environment for the artist and this is a rather inexpensive way. Mr. Murray moved seconded by Mr. Keller to approve funding the request. Motion carried unanimously. G. Noz.thwest Review, a Ii terary magazine, requested $1,500 to help meet expenses .of publishing its third quarterly issue. Allocation Committee recommended denial on the basis that the publication would reach too few readers locally. e Mike Strelow, managing editor of the Review, explained the magazine reached about 200 to 300 readers locally, more probably, but it was difficult to determine because they 'were placed in schools, libraries, bookstores. He thought the important thing was that the Review brought interviews with prominent authors and their work to the local area. Councilman Keller expressed concern about allocation of local room tax funds for something that reached so few local people. Art Fairchild, Allocation Committee chairman, thought the publication excellent but the Committee doubted that its local value was' high enough to justify funding. Stan Long, assistant city attorney, expressed his view with regard to the bearing this type request had on the scope of what was meant by "cultural" as covered by the charter amendment providing for the transient room tax funds - to be used for cultural, recreational, or tourist oriented activities. In the broadest sense, he said, it could .include a number of ideas~ Or it could be interpreted in light of the source of funds - a tax on transient rooms - and the unofficial commitment to hotel-motel operators at the time of adoption of the amendment that the funds would be used to attract people to Eugene, thereby benefiting the hotel/motel industry. ~ suggested it would be helpful to speak to the intent of the amendment at time of its adoption. MayoI;' Anderson said that although there was no official commitment, it was true that part of the program used in selling the adoption of the room tax was that the funds would be used to attract visitors to the city. Mr.Fairchild noted a number of requests recently from various pUblications as the result of allocating funds to one, and that the issue did need to be more clearly defined. It 22,4: 5/27/75 10 e e - Councilman Murray asked if the commitment to hotel/motel operators was ever interpreted to provide the funds to tourist related activities to the exclu- sion of any other cultural form. Councilwoman Beal and Mayor Anderson, both members of the Council when the- amendment was adopted, said there was no such commitment to the exclusion of other cultural forms. Mrs. Baal said however that there was the feeling the funds should be used to help thoSQ directly in- volved with the tax. The primary objective at that time, she said, was to help fund the auditorium. Mr. Anderson added that although there was no commitment, there was an understanding in terms of the kind of publicity put out that this money would go back to the hotpl/motel industry. He pointed out that a lot of exclusions could be attached, not only publications, but also other types of activities. Mr. Murray moved seconded by Mrs. Beal to approve the allocation of $1,500 to the Northwest Review. Comm approve 5/14/75 In making the motion, Mr. Murray said that because of previous allocations for various types of cultural and recreational activities he was not uncom- fortable funding this request just because it was not specifically tourist related. Also, he thought that not only was the "written form" a cultural activity and appropriate but that the "written word," the primary depository human culture, was a diminiShing art form. He didn't think things cultural could be measured by numbers, calling attention to funding of a number of activities serving numbers no greater than did the Northwest Review. of all Councilwoman Beal considered the Reveiw an unusual magazine with a high reputation beyond this immediate area that would enhance the picture of Eugene as a place not without culture and things to offer in all the arts. Mayor Anderson had no disagreement with the quality of the magazine, but he found it difficult in looking back at the time of adoption of the tax to con- sider this publication as a logical outlet for the funds. He noted one of the problems of governmental bodies was making statements about programs in attempting to "put them across," then gradually taking a different course after adoption so that the entire original intent eventually is lost. AL- though this was a worthwhile project, he said, he could not conscientiously support funding it from room tax funds in light of statements made when the room tax amendment was adopted. Councilman Keller concurred in the Mayor's remarks and added that the Review appeared to serve a very small portion of "average America," almost a special interest group. He was also concerned that no benefit would be seen in Eugene, other than its being published here. He said he couldn't support the allocation because it was not in line with intent of the room tax amendment. Councilman Murray_disagreed, saying an informal point of persuasion should not forever take priority over other considerations. If that unofficial commit- ment [to return room tax funds to tourist related activities] was going to be law, he said, it should have been written into the law. Mayor Anderson noted the precedent that would be established, pointing out that a number of publications in the community may be identified with cultural activities and in need of subsidy. Councilman Williams shared the concern of precedent, saying it would be a difficult question to address in the future. In a broader sense, he said, he didn't believe every allocation had to be for tourist related activities. But in looking at cultural events he felt there was some obligation to categorize those activities benefiting the citizenry at large because they enjoyed them or at least because they came in contact with culture never before encountered in contrast to this particular program which seemed to serve a very specialized interest group. Councilman Murray countered that many programs not fitting that description had been funded. 2..~~ 5/27/75 11 He felt consideration of mass audience appeal inappropriate, and he didn't know who the average public was. Also, the argument that this allocation would ,create tough decisions to be faced in the future was not to his liking, he fel t there would always be tough decisions on just about everything. Mayor Anderson said he had not used the term "tough decision," that he had said it would establish precedent. To which Mr. Murray said he was referring to discussion of the number of publications in the community and the diffi- culty of determining which should be funded. Betty Niven, 3940 Hilyard Street, commented on the sense in which the "commit- ment" ,was or was not made when the room tax amendment was adopted. She said the mo,te1lhotel operators viewed the proposed tax as a selective sales tax and saw no reason why it should be imposed on them. Their argument was that such a tax would discourage people from staying in Eugene. The Council's response at that time was that the kinds or things for which the room tax funds would be used, especially the proposed auditorium, would be those which would make Eugene attractive enough to offset any negative effect of the tax. She added that if the same thing was being proposed today, the same type of response would have to be made in terms of demonstrating benefit to those people most directly involved. Mr. Strelow, with regard to number of Review readers, described the type of articles appearing in the magazine and said one not interested in that particular type of literature probably would not read it. As to opening the door to alloca- tion of funds to other publications, he said this was the only magazine of its type in this section of the United States. Councilman Bradley wondered if action on this request could be deferred until staff could prepare a definition of "cultural," perhaps one broad definition and one more in terms of the "tourist related" intent. Councilman Murray didn't see definition as the issue. He thought the problem was how obligated the Council was to honor tourist related activities and the importance of the number of people served. Assistant Manager thought the decision on this re- quest would more or less define cultural activities in terms of what should be funded by room tax funds, that the Allocation Committee would probably refer to this decision as a guide in making recommendations on similar re- quests in the future. Councilwoman Shirey wondered if this was a profit or nonprofit organization, how much ofa business activity the Review was. Mr. Strelow answered that it was a nonprofit publ.ication, he as editor was the only paid employe, all others were volunteers. Councilman Haws was bothered by the entire process, intent of the charter provision, etc. Assistant Manager noted that staff on direction from the Council was reviewing the entire question of use of room tax funds, whether it should be part of. the budget process. He said that would be before the Council perhaps in a couple of months. Councilman Murray hoped tha.t the decision on this request would not be a definitive basis for future allocations. Assistant Manager answered.t~at how this request was dealt with would have some impact on treatment of s~m~lar future requests in the Allocation Committee, it would set precedent. Mr.Ha~s and Mrs.'Beal commented on the broad terms of the charter amendment and rev~ew of the entire process to be conducted. Vote was taken on the motion to approve the allocation of $1,500. Motion carried, Council members Murray, Beal, B.radley, Haws, and ~hirey voting aye; Council members Keller and Williams voting no. (See further Council discussion under Item L). 5/27/75 2.'!>~ " e - 12 e H. 1974-75 Housing Funds Balance - Copies of memo from Joint Housing Committee were previously distributed to Council members. The Committee recommended that the balance of the 1974-75 housing funds ($60,333) budgeted from revenue sharing monies be used to purchase properties suitable for low-income housing. It was proposed that no property actually be purchased under this recommendation until a reasonably workable plan had been presented for development of the property to assure its use for the intended purpose. Betty Niven, member of the Housing Committee, explained that the reason for recom- mending withholding purchase until a suitable plan is developed 1s in line with experimentation with construction of low-income housing in smaller structures - four to eight units per development in scattered locations rather than the present practice of 24 to 32 units per development. The Housing Committee wanted to be sure a development on the smaller scale would be financially feasible before a property was purchased. Mr. Murray moved seconded by Mr. Williams to approve the recommendation. Comm aPRrove Councilwoman Beal wondered if some of the existing city-owned land - undeveloped5/14/75 park lands, existing housing properties, etc. - could be used for the proposed low-income housing. Mrs. Niven answered that city park lands were reviewed every two years with this in mind but it was always demonstrated that it was not feasible to put even relocatable housing on it. Land foreclosed had also been considered but practically all of it was steep terrain unsuitable for the type of housing proposed. Councilwoman shirey inquired about ownership of the land after it was developed. Also, who had control over maintenance of the properties. Mrs. Niven answered that the builder would own it and control the upkeep. Contracts are developed between the city and the builder for the term of the mortgage to guarantee rents to people with income levels specified by the city. e Vote was taJ.on on motion to approve the recommendation. Motion carrJcd unanimously, Mr. Keller not present. I. Right-of-way Acquisition authorization was requested for: 29th and Willamette intersection improvement 1. Roger L. Lee, Nathan Coleman, and R.Keith Allen-$285 (Tax Lot 18-03-07-11-8200) 2. Mary and Fled Aden, trustees - $1,335 (Tax Lot 18-03-06-44-6400) 3. Mary and Alfred Mikesell, trustees - $23 170 (Tax Lot 18-03-06-44-6200) 4. John O. Chatt - $3,530 (Tax Lot 18-03-06-44-6700 and 6701) 5. Stanley and Gertrude Jacobson - $550 (Tax Lot 18-03-07-11-7700) 28th Avenue sidewalk, Friendly to Chambers 1. E. H. and Mary E. Stuart - $121.90 (2794 Adams) 2. Minnie G. Watson - $1,000 (906 West 28th) . Warren Avenue 1. Charles and Mary Temple - $1,150 (Tax Lot 18-04-03-7100) Mr. Murray moved seconded by Mr. Williams to authorize purchase of right-of-way as requested. Motion carried unanimously, Mr. Keller not present. Comm approve 5/14/75 J. Improvement Petitions Paving and sanitary and storm sewers in Woodhaven Subdivision Petitioned by owners of 83% of property to be assessed (northwest corner of 27th and Garfield). Paving and sanitary and storm sewers in Hazel Park Subdivision Petitioned by owners of 100% of property to be assessed (Royal Avenue and Echo Hollow Road). City cost for 30-inch storm sewer e~timated at $3,040. e Mr.' Murray moved seconded by Mr. Williams to approve the petitions. Motion carried unanimously, Mr. Keller not present. 5/27/75 Corrun approve 5/14/75 13 2..90 K. Legislative Subcommittee Meeting - Ms. Beal said the legislative subcommittee held a meeting and discussed jail standard bills and pending revenue bills. The committee reaffirmed its statement on revenue bills, that .it supports any bill which brings revenue to the city of Eugene. L. Transient Room Tax Allocation Committee's Recommendation to Approve Lane County Auditorium Association's Request for $32,500 Ms. Catherine Lauris and other members of the LCAA committee were present at the meeting to di~cuss the Auditorium Association's request for room tax funds, the matter having been deferred from the last Committee meeting.. Ms: Lauris said that the Association has asked the Room Tax Committee for $32,500, which is half of the projected budget for the next 12 months. The Association's own funds will be used in the same amount if needed. The funds are desired for the purpose of hiring an executive assistant and preparing an informal booklet with which LCAA can approach industries, foundations and the Federal government to request funds. They also want to update and refine the plans of the architect and maintain liaison with the city, County and the University of Oregon. They hope to have a formal contractual arrangement with one or all of the local governments. In addition, they anticipate getting 4-5 mi~lion dollars from nationwide sources. Ms. r,auris pointed out that, for the last 4 years, $1,250,000 has been "reserved for us" by the Federal government because this area is described as economically distressed, and jobs could be provided if the project were to go. This would be contingent upon a local match, which the Association has not been able to do. Their long-range plan is to raise $1,000,000 or more from local sources. Figures vary from $5.5 million to $8 million on the building. Innovations in construction could reduce the cost somewhat. Two years ago the design was cut back by 38% but inflation would give less building for the money. She pointed out, too, that in the past the Council had made a strong endorsement of the auditorium as a social and economic benefit. She also added it is not the Association's desire to ask for major local taxpayer support. Mr. Murray asked for a recap of the uses of the $32,500. He was told that the $32,500, plus an even match by the Auditorium Association, would go for salaries, rent and utilities, travel, architects fees, and supplies for a total budget of $65,000. Projected costs for the second year would be $61,000 and $57,000 the third year. $20,000 of the total $65,000 will go for architect fees to update the auditorium plans. Mr. Murray asked what assumptions .would be made by the Association of the City's willingness to provide room tax funds for a 3-year period, if the funds were provided this year. Ms. Lauris answered that the Association is taking it one year at a time. In answer to a question by Mayor Anderson, it was clarified t}~t the Association's funds would be used dollar for dollar with the room tax funds, as opposed to using room tax funds first and then Association funds if needed. Mr. Haws said he was in favor of the auditorium but concerned about the amount and the whole room tax allocation procedure. He wanted to at least table the matter until a discussion could be held in that regard. Mr. Murray moved seco,nded by Mr. Keller to approve the recommendation of the $32,500 contribution to Lane County Auditorium Association. Mr. Murray stated it has always been his position to favor the auditorium, and room tax funds seem an appropriate means of financial aid. He felt the public would not entertain another ballot measure for the project. He saw this method of relying on private initiative as highly satisfactory. Vote . was taken on the motion which carried, all Council members present voting aye except Mr. Haws voting no. 5/27/75 2..~1 Comm approve 5/21/75 e e Comm approve .5/21/75 . 14 e e (III-A-3) e Mayor Anderson expressed concern with the way the Council is conducting use of room tax money. He thinks there are misunderstandings as to the intent of use of room tax funds. Guidelines are still very fuzzy as far as how to allocate monies. In the last several weeks, Council has received all kinds of proposals, he said, and he feels this is a rather loose way of expending public money. He would suggest Council consider a review of the room tax allocation procedure and that they declare a 60-day moratorium while a group from the Council and from the committee discuss and come back with procedures or at least revised procedures. "We should not be a pork barrel", he finally stated. Mr. Murray heartily concurred. Mr. Murray moved seconded by Mr. Keller to approve the process outlined by Mayor Anderson. Mr. Murray added it would seem advisable not to suspend items already acted on. Mr. Keller thought Council should treat the Mayor's suggestion separately from those that Council has acted on. Mr. Williams would argue in favor of the moratorium in advance of expending more funds. Mr. Haws would like to see the moratorium apply to items on "tonight's" agenda. Vote was taken on the motion which carried unanimously. Mr. Keller moved seconded by Mr. Hamel to deny the request for $1500 by the Northwest Review. Mr. Keller felt that, on that request, Northwest Review should simply increase the subscription price for those people directly benefited by it. Ms. Beal is upset about the way in which a group is promised money and then Council turns around and changes their minds. Ms. Shirey agreed with Ms. Beal though she agrees with Mr. Williams' point of view too. Mr. Keller would not argue with it except that in the past the Council's action is that the Monday night meeting is the final action, not the Wednesday meeting. Mr. Murray agreed with that but felt that, in the past when it is anticipated, "we have tried to tip our hat" . Vote was taken on the motion which failed, Council members Hamel, Keller, and Williams voting aye and Council members Beal, Shirey, Murray, Haws, and Bradley voting no. Mr. Williams moved seconded by Mr. Haws to reconsider Item F. Motion failed, Council members Williams, Keller and Haws voting aye and Council members Hamel, Bradley, Beal, Murray, and Shirey voting no. Mr. Haws moved seconded by Mr. Keller to postpone G & L and place them in the moratorium. Motion failed, Council member Haws voting aye and Council members Hamel, Keller, Williams, Beal, Shirey, Murray and Bradley voting no. 5/27/75 15 2~2. Proposed Lane County Sewer and Water Policy Statement M. On April 14, 1975, Council had made its first response to part of the proposed County policy asking that the 1990 P~an concept of "minimum urban service" be incorporated in the proposed policy. Staff distributed an expanded summary report recently received and also distributed a proposed response. The proposed response stated tl~t cities should probably continue to provide urban services in Lane County. The real issue for the Eugene-Springfield metro area is whether or not the county should share in the provision of sewer and water service. The policy as now proposed may weaken the ability of cities to solve problems through annexation or other means. The revisions staff has suggested would allow cities to exercise the option of providing service to areas which should logically be annexed when development occurs. e The majQr change suggested by staff to the proposed Lane County Sewer and Water Policy Statement emphasizes that the county will only become involved if annexation is not feasible from the standpoint of the city, since it Would be difficult for a city to accomplish annexation if the county stands ready and willing to provide an alternate solution. The county proposal also suggests that a county service district is the preferred form for solution of the problem if city annexation does not occur. Staff feels it may be desirable to leave the alternate form of government more flexible. Another modification clarifies the proposed policy by providing that, where city annexation does not occur and a county service district has the responsibility to operate and maintain facilities, the expense would be entirely the responsibility of the users. Another clarification would emphasize that construction of water and sewerage facilities should be ,paid for by the users and that the county should assist only where serious health hazards exist or are imminent. Staff also recommends any further study of what services should. be provided by the county was very important to the cities and that such a study should be done cooperatively by the county and the cities. Mr. Keller said he has been uncomfortable when the County made their presentation in the fact that all of a sudden they felt a responsibility to solve all the problems, yet he does not see any way the county would be prepared to be in the sewer business. e Mr. Martin reaffirmed the City's position of still adhering to a policy of annexation and staff feels the County, in presenting the options, changes the environment as to whether people will seek annexation. Without popular interest in annexation, the City has been reluctant to suggest it. Mayor Anderson, in remembering the discussions of the Metropolitan Sewer Commission, said it seemed like the options are the same rigid ones adhered to for 6 years or more. He feels the need to come up with new alternatives that would address the problem, perhaps even some kind of limited annexation. Mr. Martin asked if the Council would like staff to put together a number of al~ernatives, and there were no objections by Council to doing that. Public Works Director said that the files are full of alternatives. He thought that, if some Federal programs are initiated, agencies wouid be in a favorable position to provide sewers to many people. It boils down to "what one is willing to give and another is willing to receive". Mayor Anderson felt the need to incorporate alternatives into the policy statement, definitely outlining :what the city is willing to do. Public Works Director said the Metro group is trying to get the same thing with the County but that the timing might not be appropriate for that report. He feels the staff should discuss alternatives, with a possibility of deferring a formal report on it if timing is not right. Mr. Murray moved seconded by Mr. Keller that the Council give tentative approval to the proposed Lane County Sewer and Water statement as revised in the memo. Motion carried unanimously. Comm approve 5/?1/75 e 5/27/75 16 293 e N. Use of Parking Hoods - Proposed Amendments to City Code Sections 5.350, 5.365, and 5.370 A memo regarding proposed amendments was distributed \-/ith the agenda. The proposed amendments to the Code are housekeeping changes, eliminating some sections no longer valid and revising others to fit the present and future situations. Mrs. Beal moved seconded by Mr. Murray that the amendments be adopted. Motion carried unanimously. a.Right of Way Acquisition Warren Avenue: Roland L. and Beverly J. Berard - $632 West 28th Street: Mary M. Davis - $250 Barger Drive: Sharon H. & Elsie E. Johnson, Donald L. Guard and Madilyn E. Moon - $4000 29th & Willamette: Mae A. Hilliard - $570 Conun approve 5/21/75 The compensation in all cases is based on appraisals and staff recommends exercising the options. Mrs. Beal moved seconded by Mr. Murray to exercise the options. Motion carried unanimously. . p.Appeal from Sign Code Board of Appeals denial of First National Bank sign at Valley River Center (Federal Sign & Signal Corporation, applicant) Copies of appeal request and March 31, 1975 Sign Board minutes were distributed to Council members with committee agenda. Council members viewed the site on tour. Mr. Murray moved seconded by Mr. Williams to schedule public hearing on the appeul at the May 27, 1975 Council meeting. Motion carried unanimously, Mr. Keller not present. e Planning Commission - Recommendation for Annexation of Property Located North of Bel tl ine Road and West of Del ta Hiyllway North Material was distributed with the agenda on the proposed annexation. Mr. Murray moved seconded by Mr. Keller to set a public hearing for May 27th. Motion carried unanimously. Conun approve 5/21/75 Conun approve 5/21/75 Conun approve 5/21/75 Garbage Board - Recommended Creation of Special Garbage Hauling Rates for Compacted Garbage Proposed resolution and minutes of the Garbage Board were distribut~d with the agenda. One of the major garbage haulers had received no notice of the meeting on compacted garbage rates and had requested a hearing. The results of the rehearing by the Garbage Boa:d were now presented for Council consideration. Mr. Murray moved seconded by Mr. Keller to set a public hearing on the proposed garbage rates for May 27. Motion carried unanimously. Q.' Demands on Council members " time - Councilman Murray expressed concern about the extremely heavy workload being experienced by Council members. He felt it was reaching a point of crisis in terms of members' ability to "do the home work" necessary to deal with the many issues facing them. He wondered whether ~rt of the problem was the distribution of work and thought staff could review the individual workloads and perhaps make recommendations that would either eliminate some of the Council's obligations and/or redistribute workloads so that those members not feeling the strain could take on some of the activities. - 5/27/75 2~4 Conun approve 5/21/75 Conun affirm 5/14/75 17 Mayor Anderson suggested a self-study session similar to those held by the Council at the beginning of each year. This he thought would give other Cquncil members an opportunity to express their thoughts. Also, staff could sit in. The Mayor said he had tried to keep assignments on a more.or less even keel, but that sometimes was difficult because how assignments develop cannot always be predicted. There was no objection when the Mayor said he would work out something with staff with regard to setting up a self-study session on a structured basis to assure substantive discussion. R. LCOG, City Representative - Mayor Anderson noted Councilwoman Seal's serving on the LCOG Board, replacing Gus Keller as the city's representative.. Mrs. Beal moved seconded by Mr. Murray to cast a unanimous ballot for appointment of Councilman Haws as alternate city representative on the LCOG Board. Motion carried unanimously. S. Council Work Session, June 2, 1975 - The Eugene Water & Electric Board re- quested a joint meeting with the Council for presentation of its proposed ~ater system bond me~sure to be presented to the voters. Assistant Manager ~n response to Counc~lwoman Bea1 said the presentation would be scheduled for 9:00 p.m. thereby allowing an hour and a half for discussion of the affirmative action program for which the meeting was initially scheduled. There were no objections to scheduling the proposed meet- ing with EWEB on June 2, 1975. T. Interviewing for Housing and Community Development Commission - Mr. Martin said applications for that Commission are due by May 31. He wondered what the Council's schedule looked like. He suggested possibly meeting June 2 at 6:30 p.m. to review the applications, establish a procedure, and decide how many applicants to interview. He also suggested the night of the 5th for conducting the intervjews. Staff is concerned about conducting the interviews as soon as possible after the filing deadline because there are a number of matters that need addressing by this new Commission. He added there are 5 applications in so far, with at least 6 still outstanding. Ms. Beal pointed out that it is difficult for some people to make a 6:30 meeting, as dinner hours sometimes conflict. After discussion, it was decided to distribute the applications at the meeting on the 2nd, review them at 11:00 a.m. Wednesday the 4th before the Committee meeting, and then determine when interviews would be held. u. Summary of Carpool Programs in the Eugene-Springfield Area Report was distributed to Council containing information on changes in pUblic attitude, that will hQpefully continue. Mr. Murray feels the county has done an admirable jOb in this area and that the City has taken only a half-step. Mr. Martin said prospects are contingent upon budgetary provisions. He noted the county will not be ex~ending their bus passe~ program at the end of the fiscal year. It has not been successful and the City has been apprehensive jumping into the same kind of thing. If the City gets into carpooling, it would mean some costs. The county was successful in that venture because they own their parking lot outright. City parking lots are in the City's name but the City has them on a trust arrangement and revenues must be shared with the "real owners". The City has also been reluctant to use the space under City Hall because of possible future Federal Building demands for parking. The county's carpool program has been successful because of a parking attendant that insures there is carpooling of employees. In answer to a request, Mr. Martin said staff could probably pull together some estimates of cost and some proposals on alternatives to so many driving. z~s 5/27/75 e Comm affirm 5/14/75 Comm affirm 5/14/75 e Comm affirm 5/21/75 Comm affirm 5/21/75 -- 18 v. Petition re Prostitution Activities in Vicinity of 8th and Willamette It was noted that the police Department, by their recent action, is attempting to deal with this concern. Mr. Keller said tha~ on behalf of the downtown merchants, he appreciated the efforts. Mayor Anderson said he sensed; in the District Attorney's remarks, a certain futility in doing more in this regard, that it is a problem that has to be lived with and will flourish somewhere no matter what efforts are expended. Mr. Martin said there are not enough resources to work on the problem constantly. He would hope that legislation making both parties responsible will be an effective means of dealing with the matter. Mr. Keller agreed with the Mayor that the District Attorney's comments were not encouraging. Mr. Murray speculated to Mr. Keller tllat it could be the "social costs of growth". Ms. Beal said she does worry about the problem of e~trapment.. Mr. Martin explained that the Police Department is very careful to avold that belng used as a defense. Mr. Haws related concern with going overboard on the matter, saying there are other pr~blems that may be more immediate, such as home burglary and the like. e w. Public Hearing on Improvement Projects, May 19, 1975 - Councilman Haws in- quired about the hearing - how it was structured, whether time limits would be set on testimony, and whether notices had been sent to people whose prop- erties would be affected. Don Allen, director of pUblic works, explained that individual notices were being sent to each property owner affected by the various projects to be heard in addition to notices sent to neighborhood groups in affected areas. He noted packets covering the four projects - Royal Avenue, Barger Drive, Chambers Street, and Hawkins Lane - distributed to Council members for their information before the hearing, and said that the hearing would be on a structured basis so that property owners involved would have an opportunity for input. He noted also meetings held with prop- erty.owners at which they were invited and encouraged to express their view- points and ask questions. Mr. Allen said the schedule for completing con- struction of the four projects this year called for their approval at the Monday night meeting (May ~9) and that there would be another opportunity for a "go" or "no go" signal at the time of contract award after bids were opened. Assistant Manager added that a limit of 30 minutes for testimony on each project would probably be set, allowing one to two minutes for in- dividuals and three to five minutes for organizations. e x. Mill Street Publishi~g Co. requested $1,800 to cover one year's printing costs for a grade school newspaper. Allocation Committee recommended denial on the basis that the activity was educational and did not fit allocation guideiines. The request was withdrawn. Dissolution 'of Field BUl'ning Committee - Mayor Anderson announced he received a call from Representative Frohnmayer who said that Speaker of the House ulng has dissolved the special field burning committee of the Leqislature and has sent consideration of that legislat~on to the Trade and Industry Committee. The ~ayor does not feel it to be to the advantage of the City of Eugene and takes very little encouragement from the action. Eugene has presented a good case to the former committee, and "now we are plunging into the unknown", he said. He felt the reason for the change in committees was because of involvement in legal action regarding the open meeting law. Y. e Z. Calls Regarding Morse Park - Mr. Hamel said he has had several calls regarding the Morse Park and wondered where the City stands on .it. His citizen callers have felt the cost would be more than the taxpayers could stand. Ms. Shirey noted that the Morse Park proposal has passed the House and now is in the Senate. She feels that the City made a decision based on a good deal of information gathered from all concerned. She senses the matter is becoming more political than dollars and cents. Mr. Hamel reiterated that the people he has talked with are more concerned with the dollars and cents. Mayor Anderson pointed out the fact that legislation is being proposed in tlie amount of $100,000. As far as the City goes, "we are not actively participating at this point" so it would be advisable to see what happens at the State level. 2~<O 5/27/75 Camm affirm 5./21/75 Camm File 5/14/75 Carom File 5/14/75 Carom HIe 5/21/75 Corom Iile 5/21/75 19 Mr. Mart'~n said there are no funds in the proposed City budget to ma.intain the Morse Park and that, at the very earliest, any C.ity responsibility would not occur until the last 1/4 of the next fiscal year. Mr. Hamel suggested that, in, advertising for the budget election, this fact be pointed out to citizens. Ms. Beal and Ms. Shirey noted having people in favor of the park call them. AA. Police Department Intelligence Network System - Mr. Bradle~ would like a staff response on the proposal of an intelligence network system. Mr. Murray also expressed interest in having a staff response. BB. Zoning as it Relates to Master Plan - Mr. Bradley mentioned Springfield's decision on airport property rezoning, especially as it relates to the case of Baker vs. Milwaukie, that decision being that rezoning must be in accord with the Master Plan. He wanted an assessment as to whether creation of a third shopping center might be in viOlation of the 1990 Plan. CC. Brown vs. Anderson et al Lawsui t - Mr. Bradley said he would like to discuss the question of the Council's personal liability and wants a status report. DD. Research Assistance - Ms. Beal feels the City should have some backup assistance or source of research for looking up ordinances and the like. The Council needs that kind of help. EE. Grant Programs - Mr. Murray stated interest in having Council receive brief summaries of grants the City has received in the last 3 to 5 years and the kinds of activities they involve. On future grant programs, he felt there should be some perfunctory type information given Council for Council's possible response before becoming involved in the activity. He wondered about it specifically as regards the proposed Intelligence Network System.' Mr. Martin said no grant has been received under the LEIU program. FF. Treatment of Traffic on 5th - Subsequent to a man being killed by a truck on 5th while mowing his lawn, Mr. Murray and the Mayor have gotten some . communications from the Whiteaker Neighborhood Council raising proposals for the treatment of traffic on 5th. He would request that, if it has not as yet been done, the Traffic Engineer respond to the group as soon as possible. GG. Recommendations on Budget Committee Processes - Mr. Mu~ray said that, since the Budget Committee meetings, he and Mr. Keller had met several times and discussed what they in common saw as problems with the budget processes. They have put together a recommendation as to how the Budget Committee might become better informed and involved. He requested that it be placed on next Wednesday's Committee agenda and copies of their recommendations distributed prior to that time. HH. City's possible Conflict of Interest re Valley River Arrests - Mr. Haws referred to picketers at Val1ey"River being Charged with trespassing by Valley River officials and subsequently being arrested and brought to Municipal Court. He said that, in prior remarks he had made on the subject, he had not meant to cast aspersions on the City. He felt that, since the trespassing arose from a labor dispute, the City should not become involved. There could be a conflict of interest on the City's part. II. Legislation Bringing Definition of Sign Contractors into Accord with State Law Mr. Martin said Tuesday night's Council meeting would include some corrective legislation to bring the city code definition of "sign contractor" into accord with state laws. Copies will be mailed on Friday with agendas. 5/27/75 1-~1 e Corom File 5/21/75 Corom File 5/21/75 Corom File 5/21/75 Corom File 5/21/75 Comm File 5/21/75 - Corom File 5/21/75 Comm File 5/21/75 Corom File 5/21/75 Camm File. 5/21/75 e 20 e (III-A-4) e Assistant Manager said this legislation would bring the definition of what constitutes a sign contractor into accord with state laws. Bob Harrington, 2340 Brittany, speaking for himself and Lane Commercial Sign Association, said they are in favor with one clarification. It states that the applicant for general sign contractor shall submit documentation of experience, and he would like to amend that to clarify what documentation is required. Assistant Manager would recommend that cOlUlcil approve and administratively definitions will be prepared as to what constitutes adequate documentation. Mr. Murray moved seconded by Mr. Keller to accept A through II with the understanding that II will be further revised and clarified prior to final consideration of the ordinance by Council. Motion carried unanimously. IV - Liquor License Renewals Retail ~1alt Beverage (RNB) - Emerald Bas.eball, Inc., 200n Blotk Willamette Murphy & Me Tavern, 147S Franklin Blvd. The Overpass, 20 Hwy. 99N Paddock Tavern, 3355 E. Amazon Pit Stop, 2222 Iiwy. 99N Spigot Tavern, 2841 Willamette Package Store (PS) - Late Shopper, 230 River Rd. Marketeria, 2390 Agate Street l'hrifty, 194 W. Broadway (lass A. Dispensers (DA) - Asia Gardens, 44 E. 7th Back Door, 1046 Oak St. Black Angus Restaurant, 2123 Franklin Blvd. Ron & Maddy's CaraveJle, 160 Park St. S. The Emhers Club, 1811 /lwy, 99N Eugt'lH' /lotel, 222 E. Br03(h~ay Feed Mill Restaurant, 259 E. 5th HOllse of Lee, 165 lV,' 11th Valley River Inn, Valley River Center WorlJ's rare Restaurants, 2S2 Valley River Center Mr. Murray moved seconded by Mr. Williams to approve. Motion carried unanimously. V - Ordinances (III-A-5) Council Bill No. 842 - An Ordinance Concerning Parking Meter Hoods, Amending Sections 5.350, 5.365 and 5.370, Repealing Sections 5.355 and 5.360 was read the first time by council bill number and title only, there being no cOlUlcil member present requesting that it be read in full. Mr. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the COlUlcil, and that enactment be considered at this time. Motion carried lUlanimously and the bill 4It/ was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All cOlUlcil members present voting aye, the bill was declared passed and numbered 17363. 5/27/75 21 2.. ~ !> Council Bill No. 843 - An Ordinance Concerning Business Licenses, Amending Sections 3.005 and 3.010 of the Eugene Code, 1971: and Declaring An Emergency was read the first time 4It by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Murray moved seconded by Mr. Williams that the bill be held for final passage pending staff clarification of the Harrington concern. Motion carried unanimously. Council Bill No. 844 - Sanitary Sewer on Delta Highway from Belt Line Road to 2400 feet north 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. . Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17364. Council Bill No. 845 - Adopting plans and specifications for sanitary sewer on Delta Highway from Belt Line Road to 2400 feet north was read the first time by council bill number and title only, there being no council member present requesting that it be read 1n ~ full. .. Mr. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17365. Council Bill No. 846 - Improving streets within Woodhaven Subdivision; and Garfield Street from 26th Place to 27th Avenue; and 26th Place from 27th Avenue to Garfield 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17366. Council Bill No. 847 - Adopting plans and specifications for improving streets within Woodhaven Subdivision; and Garfield.Street from 26th Place to 27th Avenue; and 26th Place from 27th Avenue to Garfield Street was read the first time by council bill number and title ohly, there being no council member present requesting that it be read in fuiI. e; 2~9' 5/27/75 22 - Mr. Murray moved seconded by Mr. Williams that the bill he 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. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17367. Council Bill No. 848 - Sanitary and storm sewer within Woodhaven Subdivision; and sanitary sewer within 160 feet of Garfield Street from 360 feet North of 26th Place to 27th Ave; and within 160 feet of 26th Place from 27th Avenue to Garfield 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17368. e Council Bill No. 849 - Adopting plans and specifications for sanitary and storm sewer within Woodhaven Subdivision; and sanitary sewer within 160 feet of Garfield Street from 360 feet North of 26th Place to 27th Ave; and within 160 feet of 26th Place from 27th Avenue to Garfield 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17369. Council Bill No. 850 ~ Improving streets within Hazel Park Subdivision 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. - Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17370. 5/27/75 23 ~~ Council Bill No. 851 - Adopting plans and specifications for improving streets within Hazel Park Subdivision 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17371. Council Bill No. 852 - Sanitary and storm sewer within Hazel Park Subdivision was read the first time by council bill number and title. only, there being no council member present requesting that ~t be read in full. Mr. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Counci 1, 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. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17372. Council Bill No. 853 - Adopting plans and specifications for sanitary and storm ~.' sewer within Hazel Park Subdivision 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. Murray moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Murray moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and number~d 17373. VI - Resolutions Resolution No. 2403 - Establishing Fees, Deposits, Defaced Charges and Penalties for Parking Hoods.was read by number and title. Mr. Murray moved seconded by Mr. Keller to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2404 - Accepting Grant Offer of U.S.A. for $105,536.00 for Obtaining Federal' Aid under Project No. 8-41-0018-02 in Development of Mahlon Sweet Field Airport was read by number and title. Mr. Murray moved seconded by Mr. Keller to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. - ,,... 5/27/7~ 24 I "30'\ - e- ~. Resolution No. 2405 - Authorizing payment of bills and claims for period April 29 through May 27, 1975, was read by number and title. Mr. Murray moved seconded by Mr. Keller to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2406 - Authorizing settlement of the Liquid Asphalt Anti-Trust Cases was read by number and title. Mr. Murray moved seconded by Mr. Keller to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Upon motion duly made, seconded, and carried, the meeting was adjourned. ....:., l:J ,:j. -. ,<:~ A. K. Martin Assistant City Manager 5/27/75 25 '302.