HomeMy WebLinkAbout08/25/1975 Meeting
M I NUT E S
EUGENE CITY COUNCIL
August 25, 1975
- Adjourned meeting - from August 11, 1975 - 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
August 25, 1975 in the Council Chamber with the following Council members present:
Neil Murray, Gus Keller, Wickes Beal, Ray Bradley, D.W.Hamel, Eric Haws, and Edna Shirey.
Tom Williams was absent.
I - Public Hearings
A. Vacation of easement on southwest corner of Mahalo Drive and West Hillside
Drive (Sorensen)(EV 75-3)
Recommended by the Planning Commission June 17, 1975 on the basis that the
easement was no longer needed for public purposes.
Public hearing was opened with no testimony presented.
I-A-l Council Bill No. 926 - Vacating easement on southwest corner of Mahalo Drive
and West Hillside Drive was read by council bill number
and title only, there being no council member present requesting that it be
read in full. ,-
Mr. Murray moved second by Mr. Keller 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 second by Mr. Keller that the bill be approved and given
e final passage. Rollcall vote. All council members present voting aye, the
bill was declared passed and numbered 17445.
B. Rezoning property on East 43rd Avenue off Amazon Drive - From RA to RA-SR
(Iverson)(Z 75-4)
Recommended by the Planning Commission July 21, 1975.
Rezoning area on Eas_t 43rd~:!j!nue off Ama_zon Dr,ive - From RA to RA-SR (Iverson) (275-4)
Recommended by the P1i1ll1l.iny Commission July 21. Counci 1 members viewed on tour and
copies of map of the iuea were previolls] tj distributed. Comm
8/13/75
Mrs. Ileal moved second by Mr. Murray to schedule public hearing on Pur Hrng
the request at the Au~ust 25 Council n~eting. Motion carried unanimously.
No ex parte contacts or reasons for conflict of interest were declared by Council
member s . Planning Commission staff notes and minutes of July 21, 1975 were made a
part of this record by reference thereto.
Public hearing was held with no testimony presented.
I-A-2 Council Bill No. 927 - Rezoning to RA-SR area on East 43rd Avenue off
Amazon Drive was read by council bill number and title
only, there being no council member present requesting that it be read in full.
Mr. Murray moved second by Mr. Keller that findings supporting the rezoning as set
out in Planning Commission staff notes and minutes of July 21, 1975 be adopted by
e reference thereto; that the bill be read the second time by council bill number only,
with unanimous consent of the Council; and that enactment be considered at this time.
Motion carried unanimously and the bill was read the second time by council bill
number only.
8/25/75 - 1
4<05,
Mr. Murnay moved second by Mr. Keller that the bill be approved and given final
passage. Rollcall vote. All council members present voting aye, the bill was
declared passed and numbered .17446.
C. Liquor License Application - New Outlet - Mazzi's, 2510 Oakmont Way (R-Restaurant) _-3
OLCC report indicated considerable objection from residents in the neighborhood.
Staff had no objections other than reservations expressed by the planning depart-
ment with regard to development of the property. It was felt a development plan
should be submitted for the site prior to approval of the application because of
abutting residential development.
(See also page 23 these ~inutes)
Public hearing was opened.
Gary McQuin, 2919 Madison Street, part owner of the proposed establishment, said I-A-4
that an outline plan had been developed indicating a cul-de-sac to the property
from Oakmont Way. He expected access to the property to be taken from Coburg
Road in view of the existing 50-foot easement and proposed location of the building
immediately adjacent to the Holiday Inn. He said there would be more than adequate
parking. Also, that the plan could be ad-usted to whatever the city would require,
that a final development plan would not be financially feasible until there was
definite answer on whether the license would be issued by OLCC.
Speaking in opposition to the license were Don Elliott, manager of the Holiday Inn, I-A-5
225 Coburg Road; JoAnne Arnold, 2500 Sorrel Way; and Liz Heath, 2087 Law Lane,
president of the Willakenzie Neighborhood Association. Mr. Wlliott expressed con-
cern about additional traffic through the Holiday parking lot, and adding another
restaurant when there were already a number in the area. Ms. Arnold expressed strong I-A-6
objections on behalf of residents in the neighborhood to an establishment of this
type so near the residential area. She noted objections voiced in 1973 against
another application for liquor outlet at tha~ location and said there had been no .
change in objections presented by the neighborhood. She presented a petition repre-
senting about 60 homes in the area. Ms. Arnold recognized the restaurant would be
located on land zoned C-2 but felt the type facility proposed would be a late-hour
operation and not compatible with the residential area, nor would the selling of
beer and wine be compatible with the adjacent children's playground. They were also
concerned about additional traffic on Oakmont Way, an already dangerously curved
street. And they felt that with an existing Italian restaurant in the area and
nine other establishments selling beer and wine, there was no need for an additional
outlet there. Ms. Heath said that a telephone poll of the Willakenzie group's
executive committee recommended denial of the license because they could not sup-
port commercial development in the. area already heavily developed to commercial
uses that would draw from outside the neighborhood and add to an already congested
traffic situation.
Public hearing was closed, there being no further testimony presented.
Councilman Murray wondered if the Council ~as obligated to give either a negative
or affirmative recommendation. James Spickerman, assistant city attorney, didn't
think the Council would be held to giving an opinion either way.
Mr. Murray moved second by Mr. Keller that the Council take no action
in terms of making a recommendation on the application to the OLCC, but
to recommend that the applicants submit a more detailed plan for the
property involved.
Councilman Murray noted the previous application for liquor outlet on this property. --
He said he would be uncomfortable favoring one at that location but thought there I-A-7
might be the possibility of developing the property in a way to make it possible,
8/25/75 - 2 4to~,
and he thought that should be submitted before a recommendation was made one way or
the other. Mr. Spickerman noted that all new outlets were referred to traffic, police,
etc., and those recommendations should be taken into consideration. Manager thought
-- the application could be passed on to the OLCC with no recommendation.
Councilman Hamel favored having a vote either to approve or refuse, that the Council
should take a stand. Councilman Bradley agreed and asked for staff's evaluation of
the application. Manager said there were no objections other than reservations noted
by the planning department, that it would be unwise to proceed without at least a
good preliminary plan for development of the property.
Councilwoman Shirey was not in favor of the outlet because of its proximity to the
residential area. She thought it better to have some type of professional or other
business which was open during the day only.
Councilman Murray said the intent of his motion was not to indicate approval. He
said if there was any chance of its being interpreted in that fashion he would change
it. Mr. Hamel preferred having the motion changed.
Mr. Murray with consent of the second (Mr. Keller) recommended denial
of the application. Motion carried on rollcall vote, all council
members present voting aye.
D. Goodpasture Island Area - General Plan Amendment
I-A-8 Mayor Anderson explained that the amendment was considered legislative action only,
that it did not come under the Fasano ruling. He added that a decision could be made
at this meeting, or it could be postponed to some subesequent meeting.
e Public hearing was opened.
I-A-9 James Pearson, member of the Planning Commission, read a prepared statement which he
said had received no adverse comments from'other members of the Commission. The state-
ment recommended amendment of the General Plan to delete the Opportunity Area designa-
tion from the text and modify the Plan diagram to show medium-density hosuing as they
related to the Goodpasture Island area. The Commission believed that development of
another regional commercial center would have a significantly deletorious effect on the
downtown area and Valley River. Also, that continued commercial use would not be in
accordance with the city's goals for the downtown area; other sites were available for
commercial activities; maximum development of the Island could result in a large retail
shopping center at the north end which would lead to a commercial strip connecting.,the
two. Mr. Pearson continued that medium-density residential use instead would facilitate
compact urban growth, reduce pressures for medium-density housing in other areas, and
make the best use of the natural features of the Island. He said the Commission
unanimously recommended the Plan amendment as proposed, fully recognizing the degree of
change involved. Also, that had all the information been available at the time the
General Plan was formulated, very likely the present designation would not have been
chosen.
I-A-lO Dan Herbert, member of the Lane Transit District but not speaking as a member of the
LTD, said he was in favor of the amendment. He referred to written testimony previously
presented to Council members with regard to effect of the proposed amendment on trans-
portation and the environment. He said medium-density residential use would reduce'
loads on the transportation network and provide better access for residents. Also,
e existing public +ransit in the Valley River area could be extended to serve the resi-
dential area, and bike and pedestrian use would increase because of the short distances
between residential and commercial uses, thereby having an effect on energy use (recog-
nizing that transportation is a major user of energy). Mr. Herbert continued that the
potential use of soil would be available if residential designation was made, rather
4<07, 8/25/75 - 3
than continuing to pave areas for commercial uses. Also, that reduction in use of
the auto would aid in reduction of air pollution and as a side effect strengthen the
city's position on field burning. He said that the amendment was a small but im-
portant step in making a better environment, one that should be taken now. -
Wally Swanson, 140 Coachman Drive, speaking for Eugene Renewal Agency, read a memo I-B-l
from the Agency stating the Plan amendment as proposed would have a beneficial effect
on the downtown area. Others in favor of the amendment were Sharon Posner, 2473 Columbia
Street, speaking for the League of Women Voters, and Thorn Chambliss, lSIO Mill Street.
Ms. ~osner said the League's position was that the Council should consider not so much
the highest and best use of the land on the Island as it should consider what was
best for the community in general. The League endorsed modification of the Plan as
proposed. It was not concerned so much about changing the Plan as it was that people
should understand what the change would mean, that the L&B recommendation was made on
the basis that a great deal of existing undeveloped commercially zoned land was available.
Also, that the costs of auto transportation had increased significantly since formulation
of the Plan as well as the demand on housing close to employment and shopping The
Community Goals statement calling for strengthening the role of public transportation
coupled with the overriding objective of compact urban growth, she said, would justify
provision for medium-density residential development on Goodpasture Island. Mr. Chambliss
saw the amendment as correction of an internal contradiction in the Plan itself. The I-B-2
opportunity designation for commercial development. he said, was contrary to general
recommendation in the transportation section calling for pursuit of land use policies
which would decrease dependence upon the automobile.
Richard W. Cleveland. attorney speaking for an ad hoc group of property owners in Good-
pasure Island area, focused attention on procedure - there was none set for amendment I-B-3
to the 1990 Plan. Neither was there a definition of regional concerns. He said resi-
dential development on the Island would foreclose the timing device. What assurance, e:
he asked, was there that residential development would occur if the current oppotunity
area designation was not in effect. He thought a more thorough analysis was needed,
that only the negative aspects had been considered - that is, further commercial de-
velopment might not be the best use. He said protection of the downtown area was
only one of many concerns, that in a community scheduled to have a population increase
the consideration should not be that of foreclosing commercial development, rather the
consideration should be its location. Mr. Cleveland continued that procedures for
another regional site evaluation should be determined since planners have said there
will be need for another regional center. Inadequate evaluation could lead to loss of
land in parcels large enough to accommodate a regional center and result in "fractured"
locations. He felt the decision making process was not yet at hand, that there should
first be a whole series of planning hearings on a regional basis to evaluate concepts
of the L&B report. He urged an identification of regional concerns, then a determina-
tion of the procedure to follow that would maintain and co-ordinate the General Plan
for the metropolitan area. Proceeding with the amendment proposed at this time, he
said, would undermine the "health" of the Plan itself. Mr. Cleveland asked adoption
of procedures for amendment of the Plan with very heavy emphasis on citizen and LCOG
input before modification of the Plan itself.
Laurence Thorpe, attorney representing Smith. Brown, Howell properties on the Island. I-B-4
said his clients had challenged participation of t~o members of the Council in this
deliberation and had taken the position that this Plan amendment was a quasi-judicial
matter covered by Fasano rules. The Council had not addressed those positions, he said,
and he took it that they were being rejected. Mr. Thorpe said he assumed the Council
would have to have specific standards to make any Plan amendment. Mayor Anderson re-
sponded that the issue was legislative in nature and that the Council would amend the -
Plan by resolution, not by ordinance as required in a zoning matter. He said that
standards to be set would be whatever standards the Council itself determined.
&/25/75 - 4 4fo e,
Mr. Thorpe expressed confusion about action that was proposed in the Planning Commis-
sion's recommendsation. He read a portion of the Commission minutes and L&B report.
He hoped the Council if it voted to amend the Plan as proposed would consider forward-
e ing formal endorsement of the amendment to MAPAC for action and subsequent adoption
in recognition of the regional concern and need for consideration by other agencies
in the metropolitan area. He referred to letters from various agencies pointing out
the need for regional consideration, also the requirements set out in LCDC goals and
guidelines calling for areawide involvement in Plan amendments of regional concern.
He felt citizen input and involvement should occur prior to the public hearing process.
In this instance, he said, it was strictly staff work in conjunction with Livingston
& Blayney. He read other guidelines and goals he felt should have been met prior to
this time, indicating there may not have been adequate public notice of the proposed
amendment. Mr. Thorpe introduced letters for the record and read portions of them
wherein citizens of the community indicated LCDC requirements had not been met with
regard to the amendment. He also submitted written material relevant to the issue
for Council consideration.
With regard to the question of whether the issue was quasi-judicial in nature, Mr. Thorpe
said the amendment would not be before the Council were it not for the initial filing
of a zoning application on the Smith, Brown, Howell properties. He felt this amendment
was nothing more than responding to that request and that it must be considered a
quasi-judicial issue. In considering implications of the proposed residential use
with regard to traffic, Mr. Thorpe said the entire metroplitan area should be taken
into consideration rather than just the Goodpasture Island area. Pushing commercial
uses farther out, he said would only generate more traffic regardless of whether
passenger traffic on the Goodpasture Island area itself was cut back. Also, he said,
there would be environmental problems regardless of where a third regional center was
located. Not permitting it in the Goodpasture Island area would not be eliminating
e another regional center, he said, it would be just losing it. Mr. Thorpe said he had
information from a source he was inclined to believe that the Planning Director by
phone had solicited support for this Plan amendment. He hoped the Council would in-
vestigate to determine whether this actually occurred before making a decision in
the matter.
II -A-I Short recess was taken.
Mr. Thorpe continued with the recommendation that the Plan amendment, if adopted, be
referred to LCOG and MAPAC for referral to other local jurisdictions under the
assumption that changing the General Plan was of regional significance and required
approval by the agencies which adopted the original Plan.
II-A-2 Michael Farthing, 975 Oak Street attorney representing Bill Hewitt, owner of property
at the north end of Goodpasture Island, also questioned lack of procedure for
General Plan amendment and thought quasi-judicial rules should govern the proceedings
in the absence of any other rules. He thought the County regulations should control
any use change on land lying outside the city limits, even though it was within the
urban service boundary, even though the County Commissioners either formally or in-
formally turned responsibility for land use over to the city. He emphasized that the
L&B commercial study did not address elements of the 1990 Plan such as sewers, trans-
portation, schools, etc., and that the study had not yet been approved by the Commis-
sion. He thought Council action would be premature and urged delay until after adoption
of a refinement study on the Goodpasture Island area. Mr. Farthing said his client
had no current plans to develop his land, he had no buyer nor does he plan to sell. He
merely wants to continue suing the land for agricultural purposes under the opportunity
e designation.
Bob Moulton, attorney representing Emerald Delta, Inc., owner of property at the north
II -A-4 end of the Island, thought it important to recognize this issue was not just a question
of whether commercial or residential use was best for the Goodpasture Island area,
I
4Co~ 8/25/75 - 5
rather it was a question of what was best for the entire metropolitan area over a
period of time. He noted the L&B study indicated more commercially zoned land would
be needed, also that more retail space would be needed by 1990 and a third regional
shopping center by 1980. He didn't think it would be to the best interests of the e
metropolitan area to foreclose on Goodpasture Island at this time as a potential
site for that center. He noted certain commercial uses classified as "other retail"
which normally go into commercial strips and said they could go into the northern
end Gf the Island, recognizing they would not be located downtown. He said the
recommendation for residential use was not based on the need for residential uses,
rather it was based on the fear of further commercial development and its effect on
the downtown. He felt there were sufficient areas close to downtown that were suit-
able for residential development without taking the Island for that purpose.
Mr. Moulton continued that he thought the Plan should be amended to permit both resi-
dential and commercial use at the north end of the Island, and that portion along the
River designated for residential use. He thought the northern portion of the Island
would lend itself admirably to the location ofathird regional center, that there were
many alternatives available to control timing of that development. He said that the
present Eugene policy might not be the best for the total metropolitan area, that it
might not make the best use of present capital improvements, the present road system,
and the present mass transit system. Without doubt, he said, more traffic would occur
if a third regional center was located at the eastern edge of the metropolitan area
than if it was located in the center of the bulk of the population. Mr. Moulton
felt planning and zoning provisions should be provided to meet both commercial and
residential needs in a way that would permit building now, thereby providing help in
the unemployment situation. He urged rejection of the proposed amendment to allow
medium-density residential and adoption instead of an amendment that would permit de-
velopment of some residential on the northern end of the Island and in those areas
that would take advantage of the amenities of the River, thereby supplying both e
commercial and residential needs through timing of development for protection of the
downtown area.
II -A-5
Ellis Jones, 1030 Coburg Road, submitted an overview of actions leading to the L&B
commercial study, saying a contract was entered into without bids and without participa-
tion by other governmental agencies in the area. He said Goodpasture Island was
designated as an opportunity area because of the scarcity in other parts of the metro-
politan area of unbroken parcels of land suitable for institutional or regional activi-
ties. That scarcity, he said, was even more critical now. He said originally Good-
pasture Island was considered not suitable for residential use because of its separation
from school facilities. Also, that the amount of land now zoned for residential use
represented a 50-year inventory. Mr. Jones said the commercial study dealt only with
retail and office space, and it st~ted that neither the downtown area nor Valley River ,
could handle what would be needed in that type of space, based on projected population
figures. So eventually a third regional center would develop. And inventories had
shown that in the metropolitan area there was very little land suitable for that type
development. Further commercial developmerlt in the Goodpasture Island area, he said,
would not hurt downtown Eugene. He said tHat making a "bedroom" area of the Island
would result in development and jobs going elsewhere because restricting commercial
development there would not stop the need for commercial uses.
Duncan Wilson, general manager of Kendall Ford, felt that adoption of the proposed II-A-6
amendment would be a breach of faith. He said they had built on the Island on the
premise that the area was designated an opportunity area and no residential development
would occur. He thought the amendment would dorce annexation of the area to gain .
sewer services for residential use, although his firm had been promised their prop-
erty would not be annexed until all city services were available. He said they had
gone ahead with their private sewer service installation with that understanding.
Curtailing industrial growth, he said, was not in line with the understanding they
had with the city and the county when Kendall Ford located on the Island. This pro-
posed change, he 5~d, would seriously question the integrity of local govemment.
8/25/75 - 6 470
II -A-7 Dan Brown, 2480 Lawrence Street, thought it ironic to note the political pressures in-
volved when he understood adoption of the 1990 General Plan initially would "take the
politics out of zoning." He was "horrified" that the Council did not consider the
e issue one to be deliberated under quasi-judicial procedures. He considered the Plan
amendment a change in zoning for the Island properties involved and that Fasano
regulations should apply, especially since none of the Island property owners wanted
the residential zoning. He suggested rather that that area be kept for commercial
uses that were not compatible with the downtown, those types of uses that were a nuisance
to the downtown and were now being located in commercial strips. With the large un-
broken ownerships in that area it would give the opportunity to clean up all the com-
mercial strip zoning in the city, he said. Mr. Brown continued that residential use
would create school problems, that rather than concentrating medium-density housing
in one area, it should be scattered throughout the community to take advantage of
existing school facilities. He thought another type of commercial zoning for the
Goodpasture area would be to the benefit of the entire city.
II - B-1 Public hearing was closed, there being no further testimony presented.
Councilman Bradley asked for staff response to Mr. Moulton's suggestion for a combina-
tion of commercial and residential use. Jim Saul, planner, answered that it had been
considered. He pointed to the L&B study which recommended preservation of residential
area separate from commercial activities now concentrated in the southern portion and
around the K-Mart development. He said the study indicated a number of areas in the
community already commercially zoned and suitable for the type of other commercial uses
referred to in testimony. He also noted the conflict of trying to locate commercial
and residential uses immediately adjacent to each other.
Councilman Murray disagreed with the position that this hearing was not a legislative
proceeding and for that reason he saw no reason for him to withdraw (referring to the
e challenge under quasi-judicial rules). However, he did concur that this amendment
was instigated by zone change requests in the Goodpasture Island area and that a very
important policy question was involved. He co-mented on the irony of the charge that
the Council was moving too quickly when the issue had been dealt with over a period of
two and a half years and discussed in public setting many times. He commented also
on the participation of other jurisdictio-s. He thought there should be that partici-
pation, but he couldn't see where they would have anything to respond to until this
Council made a recommendation. At the appropriate time, he said, other bodies would
be asked for comment with regard to the amendment if adopted here. With regard to
the question before the Council, Mr. Murray said he thought it was not whether there
was a need for commercial property, rather it was a question of whether it was wanted
in the Goodpasture Island area or what development would be deemed most appropriately
located there.
Councilman Keller expressed the hope that the magnitude of the issue was understood,
that it was not an easy one on which to make a decision. He said efforts had been
made to gain input from Springfield and Lane County and it was found that Eugene had to
make a decision on which the other agencies could act. He wondered whether the decision
on this issue would result in zoning for a third regional center at 1-5 and Belt LIne.
He was also concerned that there was no Plan amendment procedure to follow, but he felt
the procedure outlined for the first one (Whiteaker area) would suffice. He hoped
Council deliberations would result in a de.::ision that would best serve most of the peopl e,
Councilman Bradley wondered what harm there would be in a Plan amendment that did not
exclud commercial but included residential in the definition of opportunity area, one
. that would give wider options for the metropolitan area, be more flexible, and give
opportunity to decide later after a detailed refinement study of the area whether resi-
dential or commercial use was wanted, or a combination. Me. Saul thought that kind of
amendment would not address the bulk of the findings contained in the commercial study
that the designation for regional commercial activity on the Island be deleted. He
4-7', 8/25/75 - 7
said the matter of whether residential or commercial use was wanted on the Island was
a matter of policy choice. He thought it would be bad planning to combine residential
with the regional commercial use or opportunity area designation, then deciding later
whether more residential was wanted or further commercial development. There would --
be no guidelines as to how it would be carried out. He added that from a planning
standpoint he was unaware of any additional information that would be provided in a
refinement study that would further assist in resolving the question.
Councilman Haws asked about the type of housing anticipated under a medium-density
designation and the findings that led the Planning Commission to recommend medium-
density. Mr. Saul said the limitation in medium-density residential would be 10/20
units per acre. He said the overall need for housing had been cited on a number of
occasions. Also, that the L&B study pointed out that much of the area now designated
for medium-density housing was already developed for housing, so providing for medium-
density housing in the Goodpasture Island area would not create a conflict with exist-
ing neighborhoods. It would also avoid conflict in the sense that developers who do
not like to go into existing neighborhoods would have a place to develop medium-density
housing. Mr. Saul said too that the medium-density designation would facilitiate com-
pact urban growth form, one of the primary objectives in the General Plan.
Councilman Bradley asked why high-density use was not recommended if compact urban II-B-2
growth was an objective. Or why not a combination of Medium- and high-density.
Mr. Saul said the impact of high-density use on overall public services was one reason
for not making that recommendation. Also, the total projected need for housing over the
next 20 years, he said, makes the provision for high-density unrealistic. He said the
Plan made no provision for low/medium density. Staff recommended medium-density, he
said, and if at some future time there is indication that high-density would be neces-
sary then that factor could be reconsidered.
Councilman Haws asked if medium-density would prevlude such things as mobile home parks. ~
Also, whether the Council, assuming it wanted to retain the opportunity area designa-
tion, could keep the agricultural use for five or ten years with the stipulation that
a change would then be considered based on what had developed during that time.
Mr. Saul said the medium-density would not preclude mobile home parks, but that the
question of permitting mobile home parks was one of zoning and economics, not of Plan
designation. He said the Council could choose the option of stipulating no Plan
change for five or ten years, but that restricting development would get into the area
of legal questions and more research would be necessary to answer that. He thought
there would have to be some fairly strong basis for saying that certain properties could
not be developed for a certain period of time. Assistant Manager said that was one area
where the proposed growth study would bring information on timing devices for develop-
ment, that timing techniques now seem to be gaining more credence in the courts, but
more factual information than was now available would have to be gathered.
Councilman Keller said this was the first time he had heard the north end of the Good-
pasture Island area mentioned for a third regional shopping center. He wondered if
that had been discussed in Planning Commission deliberations. Mr. Saul said it was dis-
cussed in terms of meeting criteria for a third regional center, but not in terms of
having three centers "in a row." He noted the reasoning contained in the L&B report
that if a regional center was placed at the northern end, the Island would likely end
up with a commercial strip along GoodpastuFe Island Road between that center and Valley
River with inaccessible. unusable land to the rear.
II-B-3
Councilman Keller asked what process the amendment would go through if acted upon at
this meeting and how MAPAC would fit into it. Mr. Saul said the process would be .
identical to that recently followed in the amendment having to do with the Whiteaker
area. A resolution would be prepared for the change for adoption at the next Council
meeting, it would be referred to Springfield and Lane County for review and comment,
8/25/75 - 8 4-72
with the provision that it would be referred to LCOG, if there was no comment within
30 days, for ratification and incorporation into the text of the Plan. He added that
because of the importance of this amendment, it had been referred to Springfield al-
e ready, with resonse from them indicating they did not wish to comment on it. With re-
gard to MAPAC, Mr. Saul said their function was as an advisory body to LCOG. Letter
from MAPAC, he said, was primarily to express concern about referral of the amendment
to other jurisdictions. He said that Springfield could not be compelled to become in-
volved in view of their response that they did not care to comment.
II-B-4 Mr. Murray moved second by Mr. Keller that the 1990 General Plan be
amended to delete from the text the opportunity area designation on
the Goodpasture Island area west of Delta Highway, and to modify the
Plan diagram to indicate the area suitable for medium-density residential
development; further to instruct staff to prepare a resolution effecting
the amendment and provide for referral to the appropriate agencies for
review and comment.
Mr. Murray stated that the two major reasons for making the Plan change were to preserve
the downtown area and to implement stated Council policy of compact urban growth. He
cited statements in the L&B study indicating further commercial development in the
Goodpasture Island area could lead to premature development of a third regional shop-
ping center. Also, the housing needs have to be addressed and residential development
of the large parcels on Goodpasture Island would not conflict with another neighborhood.
He pointed out that use of the Goodpasture Island area for residential development
would provide a worthwhile, distinct quality not available in other parts of the metro-
plitan area and would preserve and enhance the natural features of that area. He said
he thought the current opportunity area designation was an error that needed to be
corrected.
e Councilman Keller asked whether approval of the other jurisdictions was necessary to
actual Plan amendment. Assistant Manager said that if there were disagreements, the
agencies as in the past would probably meet to see what could be done. If the issue
became one of territorial rights, he said, each body was sovereign and had the right
of referring it to LCOG in order to preserve the Plan itself. He thought the dif-
ferences might not be so significant that they couldn't be resolved under existing
organizations.
III-A-l Councilman Bradley inquired about placing residential development in a IOO-year flood
plain area. Mr. Saul said that staff notes contained a complete analysis of the flood
plain question. HUD is now evaluating the Eugene area, he said, to determine the
100-year flood plain area in Eugene. However, it could be two years before that de-
termination is made. When it. is made, certain requirements must be met for any housing
in such areas with regard to floor elevation. Although portions of Goodpasture Island
are within the 100-year flood plan level, he said, the exact extent is unknown.
Mr. Bradley then asked to what extent the city was legally or "policywise" responsible
for protecting economic interests of one area of the community, sacrificing one area
to another. Also, whether the protection was for public or private interests. He
wondered whether there was any possibility of being discriminatory or exclusionary in
protecting one area over another. Manager answered that the Council was charged with
the well-being of the entire city and it seemed that protection of the downtown core
area was for the general well-being of the entire city. He said that was a very
legitimate action for the Council to consider. He added that all zoning laws and land
use designations take some privileges and rights away from property owners for the
e benefit of the community as a whole - this could come under that category.
Councilman Murray objected to the terminology "sacrificing an area of the city" when in
fact it might be the preservation of an area of the city. The only thing detrimental,
he said, might be in not fulfilling the economic expectations of some land owners. He
4-73 8/25/75 - 9
said that a vital, healthy center of a city has a great deal to do with the health
of the overall city and that was of vital concern - not the concern of one area over III-A-2
another, but the concern about the whole city. e
Vote was taken on the motion as stated. Motion carried, all Council
members present voting aye, except Councilman Hamel voting no.
E. Bids - Parks Department (opened August 21, 1975) I II -A-3
1. Monroe Bike Path - Benge Paving $ 6,493.51
Eugene Sand & Gravel 6,330.21
Wildish Construction 5,793.35
Office Estimated $ 7,419.00
2. Petersen Park Bike Path - Stubbert 18,000.10
Wildish Construction 15,123.40
Wardell 14,973.35
Office Estimate 14,173.00
3. Spencer Butte Parking Lot - Benge Paving 16,552.10
Eugene Sand & Gravel 13,913.20
Wildish Construction 13,825.84
Office Estimate 14,227.00
Staff recommended award of contract to the low bidder on each project.
Public hearing was held with no testimony presented.
Councilman Haws asked when the projects would be started, when completed. Ernie
Drapela, assistant parks director, said the work would commence promptly upon award e
of contract, with 60/90 days completion date.
Mr. Murray moved second by Mr. Keller to award contracts to the low
bidder on each of the projects. Rollcall vote. Motion carried, all
Council members present voting aye.
II - Items acted upon with on motion after discussion of individual items if requested.
Previously discussed in committee on August 13 (Present: Mayor Anderson; Council members
Murray, Keller, Beal, Bradley, Haws, and Shirey) and August 20, 1975 (Present: Mayor
Anderson; Council members Keller, Beal, Williams, Hamel, Haws, and Shirey at 11:30 a.m.
session, Councilman Bradley at noo~ session as well as Springfield council members
Bob Adams, Keith Bates, and Vern Meyer; and County Commissioners Frank Elliott, Nancy
Hayward, and Bob Wood). Minutes of those meetings appear below in italics.
A. Changing traffic flow on Willamette between 5th and 8th from one-way to two-way _
Reconunended by Planning Commission July 21. Initiated by staff to provide better
access in accordance w.i th ERA plans fO.r that portion of Wi11amette Street.
Councilman Bradley asked if two-way traffic flow would be more compatible than
one-way if and when the proposed hotel was constructed at 7th and Willamette.
ill Williams, traiIic engineer, saj d thaI: pr,imary reason for the change was for
circulation ,into the proposed bus terminal at 8th and willamette and into the main
parkj WI lot. Councilman Keller, ,in response to Mrs. Shirey, said that businesses
in tho al"O.1 had fJtJen informed 0/ the l)ro/, /.<;od change.
Mr. Murray moved second by Mr. Keller 'to approve the recommended change --
in traffic flow on Wi11amette hetween 5th and 8th. Motion carried Comm
unanimously. 8/13/75
Approve
8/25/75 - 10 474
B. Street Lighting, Central Business District - Copies of street lighting proposal were
previously distributed to Council members recommending approval of high-rise light-
- .ing in the central business district (generally bounded by 5th, High, 13th, and
Lincoln to 8th to Lawrence). Authorization was requested for installation {after
results of installation at one test location are known] of SO-foot 1000-watt metal
halide lights on laminated wood poles at 13 locations in the area of 13th to 10th,
Olive to Lincoln (as shown on exhibits distributed with agenda). It was estimated
that high-rise installations within the CBD would save about 30% in energy require-
ments and about 10% in cost when compared to a low-level system. A general fund
carryover at the end of this fiscal year of $20,000/$30.,000 was anticipated after
accounting for amortization costs for existing ligh~to be removed from the 13 loca-
t,ions where the new lights will be instill.Ied and an expected deficit because of
EWEB's proposed 10% rate increase .in October. The proposal anticipated that addi-
tional funding to continue the high-rise installations in the CBD would have to be
taken into consideration in the normal budgeting process each year.
Councilman Haws asked about the meaning of the statement in the proposal with regard
to integration of isolated concerns of neighborhood groups, other than Downtown
r,'csts.ide , into the norlllal street lighting system. Al Williams, traffic engineer,
explained the process for installation of lights - logging of requests, approval of
EWEB engineering design, notice to property owners most immediately affected by the
installation, and authorization for installation if the majority of those people
most immediately a (fccted want the light. That process was followed in contacting
neig}worhood groups [as directed by Council at the time downtown high-rise lights
were considered). III response to further questioning, traffic engineer said four
of sixteen groups responded, less than 25 individual requests. In the Oak Hills
area 17 requests were receJved from the neighborhood group there, two or three of
those locations hav.ing already had negative reactions from previous requests submi tted.
He said that was the reason for the process outlined, to determine if a majority of
e the people affected the most really wanted the lights at the locations requested.
Traffic engineer continued t:hatgenerally speaking all intersections in the ci ty at
those locations where the people wanted them, except in very newly developed areas,
were lighted, The occasional intersections in older areas w.i thou t Ii ghts do not
have them because they were not wanted by the people living there.
Mr. Murray moved second by Mr. Keller to approve the area of interest Corom
for high-rise lighting in the central business district as presented 8/13/75
and authorize staff to proceed with implementation of high-rise lighting Approve
at the 13 locations as outlined. Motion carried unanimously.
C. Right-of-way Acquisition, 28th Avenue Sidewalk for which authoriz9tion was requested:
Gary E. Smith (18-03-06-33-4200) - $2Q5
Gary E. Smith (18-03-06-33-4100) - $120
Donald L. and Dorothy .7. Stone (18-04-01-44-4700) - $181
" " ( " " 4800) - $159
" " ( " " 4900) - $167
Marcus and Mary O. Williams (18-03-06-33-11000) - $252 Corom
Alice A. Horwood (18-04-01-44-1200) - $261 8/13/75
Approve
Mr. Murray moved second by Mrs. Beal to authorize the purchases.
Motion carried unanimously.
D. 'Right-of-way Acquisition, Barger Drive - Authorization was requested to purchase
Barger Drive right-of-way from Judward O. and Io1a N. Taylor (17-4-21-2-2400)
for $692.00. Corom
e 8/20/75
Mr. Keller moved second by Mr. Hamel to authorize the purchase as Approve
presented. Motion carried unanimously.
47S.'- 8/25/75 - 11
E. Allocation of Revenue Sharing Funds for Housing Downpayments, Eugene Nonprofit
Housing Program - Copies of Housing and Community Development Commission report of
August 14, 1975 were furnished to Council with agenda. The Commission recommended -
that $3,000 of 1975-76 revenue sharing funds allocated for housing be used to make
downpayments on eight houses to be financed under the 235 Interest Subsidy Program.
The houses were previously owned by the Eugene Nonprofit Housing Corporation, bank-
rupt, and the downpayment grant would enable present occupants to remain in their
homes. The Commission made the recommendation on the condition that HUD contract
would provide that money advanced by the city would be returned to the city should
the properties covered change ownership by any means other than foreclosure. The
Commission also instructed its staff to recommend to Lane County that it make similar
arrangements for six houses outside the city.
Manager explained that changes had occurred since the issue was before the HCDC re-
sulting in only five houses needing the downpayment grant at this time - two of the
families were not considered safe credit risks, and the condition of one house was
too deteriorated. However, because it was decided to make higher downpayments the
amount of grant required would remain about the same. He said that Robin Cushman,
housing expeditor, had reviewed the credit rating of the people involved. Also,
that the matter was brought to the Council at this time because the 235 Interest
Subsidy Program expires on Augusut 21.
Councilman Keller questioned the need for $3,000 when it was mentioned in Commission
minutes that downpayments'would amount to about $200 each. Manager said that down-
payments would be about $500 or $600. Ms. Cushman explained that HUD originally
thought the downpayments could be set at about $200 but their legal counsel ad-
vised that under new legislation a downpayment of 3% of the total cost of the
house would have to be made in each case. So, although there were fewer families
involved, the same amount of money would be required. She named the location of e
the houses covered by the proposal.
Councilman Hamel asked what happened to those houses reclaimed by HUD. Ms.Cushman
said they would be disposed of however possible under foreclosure procedures,
usually sold. Manager added that some are rehabilitated, some are sold as is.
Competitive bidding is usually encouraged but generally the idea is to get rid of
them as soon as possible because of the huge inventory of these type properties.
He said the average person is not familiar enough with the process to get into
the market, as a consequence most of them are picked up by brokers.
,
Councilwoman Beal wondered whether the city would acquire some of those houses for
rentals for low-income people in the community and whether they were considered a
"good buy." Manager said it could be investigated, that for the price, they could
be considered a bargajn. Ms. Cushman said city purchase of these type homes had
been tried without success, but at this time the request was for only those families
now occupying houses on which foreclosure had started. John Porter, planning di-
rector, added that the Federal government was financing this program and he thought
it would be better to remain that way rather than the city's becoming involved.
Councilwoman Beal asked whether welfare payments to the low-income people were in-
cluded in determining whether they qualified as a credit risk. Ms. Cushman answered
that of the five families involved, three were employed, one family was on welfare,
all were approved for the program.
Councilman Haws wondered why the monies advanced by the city would not be returned e
under foreclosure procedures. He asked too whether the $3,000 proposed for the
program had been budgeted already for something else. Ms. Cushman answered that
statutory requirements made it impossible for money to revert to a governmental
8/25/75 - 12 4-i:Cco: ~'
agency when property was foreclosed, however if the property changed hands under
any other circumstances, the city would get its money back. She said the $3,000
would come from the $25,000 of revenue sharing funds budgeted for the home repair
e program because that fund could be supplemented with community development money
if necessary.
Mrs. Shirey asked if the city was no longer going to use the 235 Interest Program.
Also, whether these houses were built for this program and then put on the market
if they became unoccupied or for some other reason payments were not met. Ms. Cushman
answered that the 235 Interest Program was expiring, it would no longer be available.
In this case, she said, BUD had made no commitment to have money available should
anything happen resulting in foreclosure. Councilman williams said that houses were
older ones bought and rehabilitated for this program.
Keller moved second by Mr. Hamel that the HCDC recommendation be Comm
Mr. 8/20/75
approved and up. to $3,000 granted to allow downpayments on five homes Approve
under the conditions presented. Motion carried unanimously.
F. Petition, Paving Sarah Lane from Bonnie View Drive to 200 feet north - Petitioned
by owners of 100% of property to be assessed. Comm
Mr. Keller moved second by Mr. Williams to accept the petition. 8/20/75
Motion carried unanimously. Approve
G. Council Minutes - April 14 and 28, 1975 as circulated Approve
H. Appointment, Community School Advisory Committee/Joint Parks Committee - Mayor
Anderson announced the appointment of Councilman Bradley as the Council's repre-
sentative on the Community School Advisory Committee, and Councilman Haws as one
e of the Council's representatives on the Joint Parks Committee, both replacing Comm
Councilman Murray, recently resigned to devote more time to the Housing and Com-
munity Development Commission. The Mayor said he would be making a recommendation 8/13/75
within the next week for filling the vacancy on the Historic Review Board. Any Affirm
suggestions Council members might have would be welcome, he said.
I. Committee-of-the-whole Meetings Location was brought on for consideration after
a six-month trial period at the King's Table in the Oakway Mall. Manager pre-
sented two alternatives - Bev's Steak House, 1905 West 6th Avenue, and North's
Chuckwagon, 29th and Willamette. Councilwoman Beal suggested the Thunderbird
on Coburg Road. Alice Rutter, community relations officer, said a choice of
menu was not provided at the Thunderbird for groups of more than 20 people, and
that a capacity to accommodilte 40 to 45 people was needed for committee-of-the-
whole meet,ings. .
Councilman Bradley suggested t~e Colonial Inn. However, Ms. Rutter explained
that facilities there were not adequate.
Councilman Haws commended the King's Table for the service, much better than
other places tried. Councilman Murray appreciated the serv~ce too, and said
the facility was good. However, he didn't like the location, saying it was
hard to find, inconvenient to reach, at the same time recognizing choices were
limi ted. He hoped options would be kept open in the event any new facility more
conveniently located became availahle because he thought the Council was losing Comm
public exposure. 8/13/75
There were no requests for change and it was understood committee- Affirm
e of-the-whole meet.ings would continue at the King's Table in the
Oakway Mall.
477 8/25/75 - 13
J. Dog Control - The joint session was called to discuss and attempt: to bring about a
consensus on dog control program in the metropolitan area. Copies of report prepared
as the result of meetings between staffs of all three agencies were previously dis-
tributed to elected officials of Eugene, Springfield, and Lane County. The report
set out goals and objectives for the proposed dog control program: ( 1) Cons tructi on e
of an adequate dog control pound as soon as possible; (2)increased effectiveness of
the dog control program through decreasing the number of dogs running at large, the
number of complaints relating to dog control, and to give timely response to com-
plaints; (3) provide a forum for greater communication and co-ordination of dog
control efforts; (4) provide uniform licensing, dog population control programs,
pound service and adjudication process in the three metropolitan agencies; (5) stabilize
the number of dogs in Lane County, especially in the metropolitan area; (6) license
all dogs in the county with a first-year objective of 32,000 licenses.
Eugene Assistant Manager Keith Martin reviewed the staff recommendations made in re-
sponse'to those goals:
-To create a tri-agency pound, the site and financing to be the subject of future dis-
cussion. However, whichever agency finances its construction is to be reimbursed by
the other agencies on a pro rata basis over a five-year period. Management and super-
vision of the pound assigned to single agency, and a tri-agency group established at
the staff level to determine administrative practices for its operation. Estimated
budget figures were included in the report of $110,183 or $118,318 depending upon
the facility constructed and included $12,000 for a new veterinary program.
-Enforcement action to be provided by a single agency for all three jurisdictions. It
was estimated that only 70% of dogs in Lane County are now licensed and the present
program is operating at a deficit of almost $100,000 annually among the three agencies.
A change in the present pickup policy was recommended - that any dog running at large
would be impounded, placing tqe responsibility on the owner to find the animal.
-Change licensing program to reflect some consideration for a neutered or spayed e
animal - for those animals not spayed or neutered the license fee would go to $9.50
or $9.75. It was recommended that there be a single agency responsible for enforce-
ment although it would be possible for each of the three agencies to provide its own
enforcement program. In any event uniform enforcement practices would provide greater
control throughout the entire area. The question of rabies shots as a prerequisite
to licensing was considered moot because of recent state legislation requiring rabies
vaccinations.
-Establish a more aggressive licensing program that would increase the fee to $9.50,
spread the licensing process throughout the year rather than issuing them all during
one month, use of a licensing agent by all three agencies, requiring license before
release of impounded or adopted~ogs. A breakdown of costs was included in the report.
-The dog control program to be self-supporting based on revenues from $9.50 license
fees and $15.00 impoundment fee; all three agencies to make use of a hearings officer
on a regular weekly schedule in dealing with infractions; and steps to be taken to
provide a comprehensive rabies vaccination program as required under state law.
~ssistant Manag:r said that staff people saw the major issue as one of uniformity
~n the ~etropol~tan area regardless of whether the agencies were ready to have self-
s~p~ort~ng programs or some subsidy. If an individual agency felt it wanted to sub-
s~d~ze ~ts own progra~, that could ~e done,.but staff felt that uniform licensing
and enforcement pract~ces was the pr~me concern. He reminded the officials that if
the staff report was accepted a future major decision would be necessary with regard
to the site of a pound. .
Mayor Anderson pointed out that this joint session was for the purpose of arriving
at a consensus, not to make any hard and fast decisions.
8/25/75 - 14 4--:7. e,
Councilman Williams questioned that raising the license fee would increase the number
of dogs licensed in the county. Mr. Martin explained that the increased fees would
e provide money for a more aggressive licensing program. He described the present pro-
cedure - once-a-year mailing out of notices. Lane Humane Society, veterinarians,
clinics, etc., are not willing to function as licensing agencies, he said, and it
was thought that a program as outlined, making the owner responsible for seeking out
the animal, requiring licensing at the pound, etc., would result in more people
licensing their dogs.
Commissioner Hayward expressed satisfaction with the proposed use of revenues from
the licensing program for other than enforcement purposes, that a certain amount would
be put into spaying, neutering, vaccination programs. She said that because of ob-
jections presented in testimony before the County Commission in that regard, she
felt people would be more willing to comply with licensing if a portion of the revenues
was going for those programs.
Councilman Bradley asked if any consideration was given to a serial levy to provide
for total animal control rather than just a dog control program. Mr. Martin answered
that it was considered but staff felt the cost of the dog program should more properly
be borne by the dog owners than the general public. That was why staff felt each
agency could determine its own public benefit and could decide whether subsidization
was desired. The program was focused on the dog population, he said, because that
is the major source of complaints in the urban area. General animal control was fel t
to be of a more general nature and therefore should not be borne by dog licensing
revenues.
Councilman Keller asked for more information about the private agency, California
Animal Control, listed as an alternative in the report but not recommended by staff.
Mr. Martin explained that the private concern had had representatives in Lane County
e and concluded they could provide a pound, enforcement, everything proposed under this
program, for a license fee of $10 per dog (estimating 40,000 dogs in the county), ex-
pecting about an 8% return on their investment. He said tm s type arrangement had
been successful in communities ,where tried and included collection of revenues, a
percentage going for the adjudication process, education and neutering and spaying
programs, training, all with the use of trained personnel. In further response to
Mr. Keller, he said that the $10 fee, as well as that of $9.50 under the proposed
tri-agency program, included cost of construction of a pound, the only difference
being that money returned from the program does not go into public funds if the pri-
vate concern is used.
Councilman Meyer asked for specific pros and cons of the program described. Mr.Martin
answered that the main advantage would be not having to worry about dog control.
Basically, it was a philosophical issue of whether to allow the private sector to
function if the services can be provided at about the same cost. He said the private
concern was expert and if the three agencies agreed on a uniform program and were
supportive of its being handled by a private firm, then the services could be con-
tracted. Disadvantages, he said, would be the issue of control. Actual supervision
is further removed when services are contracted, and any changes desired would
probably result in higher fees and fines or through use of general fund dollars.
There is also the question of whether improvement of service would be enough to
justify returning the money to the private contractor rather than into public funds.
Councilman Meyer asked if staff had taken into account in its revenue projections the
possibility of people getting rid of their dogs rather than paying higher license
fees. Mr. Martin answered that only in passing had that been considered because it
e was felt as the people population increased the dog population also would increase.
It is hoped the dog population can be stablized. Figures presented were based on
an estimate of 32,000 dogs being licensed under the program.
Councilman Haws had the understanding that a private concern would not do everything
that could be done by the public agencies. Mr. Martin said the private concern will
not adjudicate offenses, they take care of everything else, including licensing.
4~" P.J?r:.I7r:. - lr:.
In response to Councilwoman Shirey, Mr. Martin said that the $10 fee of the private
contractor would cover a complete dog control program as distinguished from a full
animal control program. If that was to be considered, other costs would be involved. e
He said the only kinds of staff costs not included would be the type of higher manage-
ment time that might be involved. He added that if contracting a private concern
was to be pursued rather than the staff proposal, basic policy questions were involved
and some very specific items would have to be resolved - whether to operate a pound,
the type of licensing program, spaying and vaccination programs, etc. He said a
specific proposal could be brought back but not unless the agencies were seriously
interested in pursuing that course.
In response to Councilman Keller, Mr. Martin said the private concern's program
would also give consideration to a reduced fee for spayed or neutered animals. There
would also be a reduction in fines for spayed or neutered animals on the first viola-
tion. He said the private concern would require payment of court fines to them, 5%
of which could be retained by the agencies to cover costs of processing violations.
Councilman Bradley wondered whether the Lane Humane Society had decided not to act
as poundmaster because of budgetary reasons or because of philosophical questions.
If it was because of budgetary reasons, he asked what action would be required by
these jurisdictions to have the Society assume that role. Mr. Martin answered that
the present services provided by Lane Humane Society cost about $95,000. This proposal
suggests about $118,000 which includes a veterinarian program. So it is considered
a philosophical question rather than budget. Ned Briner, Lane County, said the issue
is one of confusing the Lane Humane Society's functions with those of a public agency.
.
Commissioner Wood wondered if consideration had been given to some plan allowing pay-
ment for spaying or neutering services over a period of time. He thought some people
might be reluctant to have those services because of the veterinarian costs. Mr.Martin
said that involved co-operation of veterinarians and to this point they had been e
hesi tant, there was much work yet to be done in that area.
Councilman Bradley repeated his question about the use of a serial levy. Mr. Martin
said the basic question was the political issue, whether property taxes should be
used to pay for dog control.
Mayor Anderson suggested addressing at this time the basic questions involved, with
the assumption that no private agency was available. If consensus is achieved, then
the question of public vs private agency could be pursued. Discussion was requested
on the basic questions:
1. Should construction of a tri-agency pound be authorized?
.
Councilman Keller wondered about cutting out consideration of contracting with
a private concern. Mayor Anderson thought that could be brought in later after
consensus was reached on the basic concept. Mr. Martin said that the private
agency would not contract the services unless all three agencies agreed to a
uniform approach, so staff was comfortable wi th proceeding on the basis suggested.
There were no objections to the construction of a tri-agency animal pound.
2. Should a single agency perform the enforcement function for all three agencies?
Councilmen Keller and Meyer asked whether the single agency was to be private
or public. Mr. Martin said that staff recommended that one of the three
agencies should perform the enforcement function for all three agencies, which e
one was not yet settled. Administrative policy would be shared at the staff
level, broad policy decisions would be shared between the two councils and
the commissioners.
8/25/75 - 16 4-'0'0
Councilwoman Beal wondered if there would be one single place to which the en-
forcement agency would report; she assumed the county would be the enforcement
agency. Commissioner Hayward was interested in learning more about contracting
e the services with a private concern. Mr. Martin said it could be Eugene, Spring-
field, or preferably Lane County. He said it was a key issue and since there
had been some indication that Springfield might not want a single-agency enforce-
ment program he thought it would be helpful to know whether Springfield council
members present accepted that process or at least could express what reservations
they had.
Councilman Adams expressed Springfield Mayor Vance Freeman's concern about in-
cluding cats in any program set up. Councilman Meyer said he was not aware of
any indication that Springfield would not go along with a single-agency enforce-
ment concept. Councilman Eates said he had some reservations because of exper-
ience with the current program. He said there was no control or supervision at
the present time, no way to gain adequate pickup services, so that a good share
of Springfield was not covered at all. He said that if the proposed program would
be directed toward putting services into the areas where they were needed, that
agency for the most part would be satisfied.
There was general consensus that enforcement function would be
performed by one of the three agencies for all three.
3. Should a staff level tri-agency advisory group be established.
There were no objections.
4. Should a neutering/spaying program be established?
e Councilman Bates asked whether there was possibility of including the cost of
rabies vaccination in the license fee. Mr. Martin thought to include that cost
would require an even higher 'license fee than that proposed. AlSO, at this point
only veterinarians can give the rabies vaccinations so some program would have to
be worked out with them. An unidentified veterinarian quoted $6.00 to $11.00 for
vaccinations, $6.00 to $7.00 if given in rabies clinics.
There were no objections to establishing the proposed neutering/
spaying program.
5. Should the comprehensive licensing program presented be adopted including
the increased license fee?
There were no objectio~s.
6. Should the dog control program be self-supporting or subsidized by general funds?
Councilman Hamel suggested the program be set up at least for the first couple
of years so that any defici t would be taken care of at the, e~d of each ye~r ~ ,
Mayor Anderson assumed that as the objective, perhaps requ~r~ng some subs~d~zat~on.
Commissioner Hayward thought the philosophical question involved was that for
the most part the unlicensed dogs were causing problems for which revenues
from licensed dogs were paying. Mr. Martin commented that given the "go ahead"
with an aggressive program, it was expected that 32,000 dogs would be l~censed.
Changing the enforcement practice and disposing of dogs after 48 ,hours ~f un-
licensed would probably encourage licensing of more dogs. Counc~lman Meyer
e didn't think all the problems were caused by unlicensed dogs. Many dogs on
leashes accompanied by their owners created as many problems, he said.
On a show of hands, the majority of officials present favored
making the dog control program self-supporting.
4e,1 8/25/75 - 17
I
7. Should a uniform infraction system and use of hearings officer be used by
all three agencies?
There were no objections. e
8. Direction was requested on rabies vaccination program.
This question was considered moot because of recent state legisla-
tion requiring rabies vaccination.
Mr. Martin said that there was the possibility that some dogs were not licensed
because of the cost of the rabies vaccinations. He commented on the unwilling-
ness of veterinarians to allow a licensing program in conjunction with rabies
clinics. Also, the Humane Society has been unwilling to license dogs when they
have control of the animals. However, because of the present state law nothing
could be done from this angle.
9. Is the cost-sharing proposal as presented appropriate?
.
Mr. Martin reviewed the breakdown in percentages of costs to each agency (attached
to report). For the pound they were based on the number of dogs impounded and
where picked up; enforcement was based on the number of officers; licensing and
infraction programs were based somewhat on population of the individual juris-
dictions; and neutering and spaying program was based on the estimated dog
population of the individual jurisdictions.
There were no objections to the percentage allocation of
costs as presented.
Mayor Anderson suggested in view of consensus reached that two representatives from e
each of the three jurisdictions be appointed to act as a body and hold public hear-
ing on the proposed program, testimony received in that hearing to be taken back Comm
to the individual agencies. 8/20/75
Affirm
There were no objections and it was understood that the tri-
agency staff people would proceed on that basis.
Mr. Martin said that staff would prepare ordinances effecting the proposed changes
for consideration in public hearing before the representative panel. He thought
a joint meeting of the three bodies might be desired to review testimony received
in that hearing to determine whether the single-agency operation would be private
or public, or perhaps the panel itself would have a recommendation in that regard.
In response to Councilman Keller's request for show of interest in having more
information about operation by a private agency, the majority of those present
favored having that information. Councilman Hamel questioned balance of repre-
sentation - two/two/two when there were only three county commissioners compared
to seven or eight Eugene and Springfield council members. It was decided repre-
sentation would be left to the individual agencies.
K. Olympic Trials, 1976 - Mayor Anderson announced selection of Eugene as the site of
the June 17-27, 1976 Olympic Trials by the U.S.Olympic Track and Field Committee. Comm
Confirmation has yet to be made by the U.S.Olympic Committee in New York, he said, 8/13/75
but recommendation by the Track and Field Committee usually is tantamount to final File
selection. He noted city support of cultural activities in connection with the
Olympic Trials held here in 1972 and said that was no doubt a factor in the selec- .
tion of Eugene for the 1976 Trials.
L. West Amazon-Corridor Study - Councilman Murray asked when further discussion was
scheduled on the West Amazon study. His recollection was that during the last
discussion the Council had chosen not to wait for the ESATS update. Don Allen,
8/25/75 - 18 4e,z
public works director, said that no definite date had been set for further dis-
cussion because the ESA1~ information was expected to be before the planning Com-
missjon and Counei.! on October 2. And since a great deal of the issues to be re-
so_l ved in the ESATS update would be involved in both the West Amazon and 30th/
e Hilyard projects, staff intent was to await the outcome of ESATS meetings -
involving many public hearings - and then set a date to consider specific projects.
Manager said a proposed schedule of public hearings on the ESATS update process
wou.ld he available by next week and furnished to Council members, that the process Comrn
would start probably in November with the Council to forward its recommendations 8/13/75
to LCOG by January. File
M. Report on Social Services Contributions/Services - Councilman Murray wondered
when the requested report on a percentage breakdown of services would be ready
and whether Springfield was contributing to the social services program. Manager Comrn
said the report would be distributed next week, the staff member responsible had 8/13/75
been on vacation. File
N. Use of Parks Facilities by political groups for meetings was subject of inquiry
from Councilman Murray. /le said he had complaints that the parks department was
not allowing political groups' participation in community center facilities.
Ernie Drapela, assistant parks director, explained that the general operating
policy was to discourage political and religious groups. They were allowed to Conun
schedule the facilities but at the lowest priority, and then only if the meeting 8/13/75
was not for the express purpose of furthering an individual's own political aims. File
He said political and religious groups were not prohibited from using open space
areas in the city's parks.
It was understood a copy of the parks department policy with regard
to use of community center facilities would be distributed to Council
members.
e O. Mobile Home Study - Councilman Haws inquired about the status of the mobile home
study. John Porter, planning director, explained that a report had been de-
veloped by the Joint Housing Committee and referred to the Planning Commission. .
However, the Comm_iss,ion had disagreed wi th several points in that report and had
instructed staff to prepare additional points for Commission consideration.
That staff work has been done, he said, but had not been scheduled yet because Comm
of the Commi ssion' s heav..LJ hearing schedule on other issues. He said it would 8/13/75
prObably be scheduled .in September or October, after which it would be brought File.
to the Council if any changes were to be recommended in the present policy.
If no changes were to he recommended, he said, then a summary report would
probably be subm.itted to Council members.
P. IntrOduction, Flak Catcher - flarge Beck, transferred from the personnel depart-
ment, was introduced as the new flak catcher i.-. tile manager's office replacing Conun
David Jordan, police department. Councilwoman Shirey commended Mr. Jordan for 8/13/75
his fine work while occupying that position, and Manager noted a memo from File
Councilman Murray also complimenting Mr. Jordan on his work.
Q. Process for Appointments to Boards and Commissions - Proposal was presented by
Councilman Murray (copies prev,iously furnished to Council members) which would en-
courage citizen participation in local government, bring about higher citizen
awareness of opportunities to serve on boards and commissions, standardize appoint-
ment procedure, and reduce Council time spent on appointments. /lis proposal called
for official declaration of an Annual Citizen Participation Month in January, syn-
chronization of appointments to occur in January, initiation of publicity campaign
with regard to vacancies on boards and cOmrnUssions,creation of a citizen interest
e form so that Council and the Mayor would be made aware of those people interested
in serving, and division of appointments into three categories: (1) those requiring
personal interview as well as review of the citizen interest forms by the full Council
and Mayor, where appropriate;. (2) those not requiring personal interviews but requ,ir-
ing review of citizen interest forms; and (3) all others requiring referral to a
Council subcommittee of three members which would make recommendation to the full
Council.
4-B3 8/25/75 - 19
Councilman Murray said his proposal in no way attempted to change any criteria for
appointments nor to designate by whom the appointments would be made. It was an
attempt only to standardize procedure for making appointments and to bring more --
focus on the opportunity for public involvement, at the same time building a reser-
voir of people from which to draw candidates. He felt that something needed to be
done to avoid the recurring confusion when appointments are to be made by the
Counci 1 , that ironing out the procedures at the time of each individual appointment
left much to be desired in the way of a positive impression in terms of public
in vol vement .
Mayor Anderson called attention to a chart he prepared and distributed to Council
members showing the number of appointments to boards and commissions; ratio of those
made by the mayor, mayor confirmed by council, and by council only; annual vacancies;
number of members and length of terms; etc. He explained that those listed were
created by ordinance, there existed other ad hoc committees and tempor(;lry committees
which because of citizen interest had developed into more or less permanent groups.
He noted that with the exception of the Renewal Agency (terms running to July 10)
and representatives on MAPAC (terms running to June 30), all of the boards and com-
missions listed had terms running to January 1. The Mayor continued that most of
the boards and commissions created by ordinance required certain professional quali-
fications or persons knowledgeable in certain industries resulting in an average of
only about l40f 21 vacancies a year to be filled by at-large citizen type appoint-
ments. lie noted Council bylaws provisions for appointments and his practice of
calling for Council suqgestions when vacancies occur, calling for staff recommenda-
t.i on8 when profes,c;.): ana 1 trJpe' appointments are required, reviewing applications
on r.ile of unsuccessful caIlrJ.idatcs for previous Council appointments, plus his own
file of persons who had expressed to him !',}rsonally - their interest in serving. lie
said olle oj' the problems was that of recruitment, in getting qualified people to
participate. He continued that he had followed the practice of reappointing just
for one term, and then only after review of performance, attendance, interest in the e
work of whatever board of commission was involved, etc. In some instances, he. said,
reappointments may have been made to assure continuity of work being pursued by the
body at that time.
'l'he Mayor said he pOJ:nted these things out to show the problem involved. He agreed
that perhaps something was needed to smooth out a somewhat imperfect procedure, but
establishment of a uniform structure although a good idea might require a major
legal overhaul.
Councilman Haws wasn't sure that what was proposed would avoid embarrassing situations
such as recently occurred in filling positions on the newly created Cabel TV Commission.
Counc,ilman Keller said that instance was the first during his Council tenure where
someone had expressed an interest ih participating and had not been included. He
thought the Council procedure for making selection from candidates could be improved,
but he couldn't imagine anyone interested enough to give time to the types of meetings
required of membership who would not be known well enough to be finally appointed.
He too thought the main problem would be finding qualified people to serve.
Councilman Murray agreed that people already aware of and following local government
interests would probably be determined the most likely candidates for appointment.
But he thought there were vast numbers of people who would also like to be considered
if they had the opportunity, and the present hit-and-miss practice was not affording
them that opportunity. He thought his proposal would be in keeping with this com-
muni ty, characterized as being most progressive in citlzen participation, and would
prov.ide a broader base f.rom which to make selections. He thought an ad hoc Council
committee could review citizen applications on hand to meet the concerns expressed .
about the recent appointment situation mentio~ed by Councilman Haws. He said pro-
cedural questions would have to be decided upon. Too much Council time had been
taken in the past in deciding how to make appointments, then when appointments were
made there'were still Council members disgruntled with the way it was done. Council-
man Keller agreed on the question of,prpcedure. He also thought ~t would be better
8/25/75 - 20 484:'
to combine ERA appointments with those for other positions [in January] but he wasn't
interested in the Council's becoming involved in a lot of other appointments that
couldn't be done any better than tbe Mayor was now doing. Councilman Murray empha-
e sized that he was not suggesting any change in who made the appointments.
Councilwoman Shirey thought the Council should have the list that had been prepared
by Randi Reinhard, planning, of various groups in the metropoli tan area in \'Ihich
citizens could participate. Also, that the list should be sent to neighborhood groups
to provide a starting point for gaining the interest of potential candidates. She
suggested setting a period of time after an opening occurred so names of those in-
. terested could be submitted before an appointment was made.
Councilman Haws recognized that those knowing Council members or who were aware of
local government interests might be appointed. He thought, however, a citizen
interest form wou,Id provide a pool of people who would like to participate and at
least, he said, improve public relations. He agreed there should be some warning
when vacancies are expected, as in the case of ERA terms expiring in July.
Councilwoman Bea] thought weeding out candidates by neighborhood groups might be well
s,ince the groups usually were familiar with qualifications of people who wanted to
become involved and voting took place within the groups to determine those persons
preferred. Councilman Keller didn't think that was a neighborhood association func-
tion. Also, having someone chosen at that level and then turned down at the Council
level could create bad feeling. He thought some explanation should be provided of
what was expected from those offering to serve to avoid the usual ratio of 50% of
the membership doing 100% of the work.
Councilman Murray C'I/vis.ioned under his proposal a fairly ambitious pub.l.ic.ity cam-
pa.i<]n throu')/) nci(lh))()J"hood grOl/l's, the media, etc., giving d.ll. pertinent information
to gain cand.ida tes, and d procedure determined by the Counci,I for selecting appointees.
e Councilman fJradlelj left the meeting.
Councilman Keller could SOl.' si ft ing through maybe 800 appl.ications to fill about 21
vacancies, hut Mr. Murray thouyht limitations in terms ot appointments would have
to he !; 1:.:1 Lcd, all cilnrljIJdll'.'; w(lllld know hr)!., many would } II..' se1E.'ct:ed.
Mayor Anderson recoqn.ized the I'Toposal as an attempt to bu,ilcl a "talent bank." 1/13
said some were already available - RSVP, 8Pt.;, and several other c.ivic organizations
had members ,interestfc.d in s<:Jrving local government. lfc thought a ci ti zen interest
form or some other. repository for names of cit,izens from ,those groups, or from other
sources, would be helpful. His main concern was that there weren't enough positions
on boards and commissions invoJvecJ in a great deal of act,ivity to warrant solicitation
of applications. 110 thought tlJere would be the advantage of focusing attention on the
dctiv-i ties of .some bod,ies if vilC"iJnc.ies wen? announced and na/ll(~S openly solicited.
Councilman Murray thought there would not have to be a specialized search for all posi-
tions, but that there could be improvement in broadening the hase from which to select
some of the professional type appointments. And he said it was important to keep the
reappointment proce,ss open, that it should go through the public process. Just be-
cause a person had on,II} seeved one term, he said, didn't mean reappointment should.
be automatic. Mayor Anderson sa.id that reappointment had not been automatic, that
only after inqu.iry had heen malle as to interest, attendance, performance, etc., was
reappo.intment considered. Even then, he said, many persons asked to be relieved of
the~r assignments.
Manager thought timing of Council consideration of appointments was important. For
-- t:hose t:erms starting in .January, he said, information with regard to persons avail-
able for service should probably be circulated to the Council in November or earlier.
Councill<'oman Beal noted I:haL~ ill election years that could result in "lame duck"
appointments.
.
48S 8/25/75 - 21
I
I
I
Councilman Murray suggested action that would express approval of the
proposal wi th flexible guidelines that would particularly recogn.ize
the timing problem, and instruct staff to prepare a more formal kind
of document for Council consideration. e
Mayor Anderson hesitated in referring the matter to staff, he tho~ght a more detailed
proposal could be brought back later. Councilman Keller thought the main thing was
to do something about the Council's selection procedure. He thought that taking
applications l1I'Ould result in a tremendous supply of candidates, most of them unknown
to most Council members, and selection probably would wind up being someone already
known to the Council anyway. He said he had no misgivings about any appointments
mad e by the Council in the past, but he thought it would be well to standardize
the Council's selection procedure.
Manager noted citizen interest forms with which he was familiar that could be pre-
sented for Council consideration. Mr. Murray said he would bring back guidelines
_if that was needed to get the program started although he felt the outline proposal
presented wou1d cause no staff d.irficulties in presenting a more concrete program.
M,1.';or sUI'j(jcstt'd he ilnd ilrJoc!Jr.r flIc>mlJor or two of the Council might work out some-
rJliny bl:.'l.'on n'0!rring it to ~tdFf. He had real reservations about throwing the
(ju(!:;i:ion (0 :;(JfF .It tlli s point: IJL'cause of the legaJ eomp1 ieations, timing, etc.
n: was rca]jll sOI1lC'i:h.iny [or the' ('ounci1 d ;elf to work out, he said.
Councilman Haws thought the annual participation month was the strongest point of
the proposal for drawing citizen involvement. But the Mayor said he felt the pro-
posal should be examined in the light of gaining citizen participation in all areas
of the community, not just the political arena. And he didn't feel there were
enough appointments to serve as an enticement, a lot of people would be frustrated
when limited numbers were chosen from a multitude of applications. As an example
he cited the Human Rights Commission - the numbers of people interested in serving e
there and the difficuity in explaining to certain persons why they were not quali-
fied for that Commission. A feeling of prejudice might even exist, he said.
Comm
Some further discussion took place about the type of participation desired, oppor- 8/13/75
tunities available, etc., reSUlting in Councilman Keller's offer to serve on a File
Council sUbcommittee, and Mayor Anderson's offer to speak privately with Councilman
Murray to further point out difficulties and complications involved in selecting
membership for various boards and commissions.
No action was taken.
R. Decriminalization Local Government Codes - Councilwoman Shirey thought it would
be helpful to,have Council review of recent legislation regarding new enforcement
procedures. Assistant Manager said that staff was working on both the building
and traffic codes as they were affected by recent legislation (decriminalization) Corom
and that proposals would be brought to the Council in the near future for policy 8/20/75
direction. File
S. Metropolitan Sewer Study - Councilman Keller reported that because of DEQand EPA
requirements the Metropolitan Sewer Committee had approved a study under a 208 Comm
planning grant to review work to date with regard to a metropolitan sewer system.
Because of these requirements, he said, it would probably be June 1976 before 8/20/75
some type of program was ready to go. File
T. Questionnaire, Hearings Official - Manager reminded Council of questionnaire with
regard to use of hearings official in making zone change decisions and asked that e
it be returned to the manager's office by September 1. (Questionnaire distributed
to Council members at adjourned joint meeting wi th Springfield and Lane County Comni
8/20/75
officials. ) File
8/25/75 - 22 4-e><o
U. Joint Social Services - Copies of percentage breakdown of social services provided
and funded under the joint program administered by Lane County were previously
'. distributed to the Eugene City Council and to administrative officers in Spring- Comm
field and Lane County. Councilman Keller called attention to the program and 8/20/75
said he hoped the joint program would be given serious consideration before being
deleted from other agencies' budgets. Support of all jurisdictions was needed, File
he said. Commissioner Hayward asked for an affirmative vote on the county budget
in September to more or less avoid the County's cutting out allocation of revenues
for social services.
Mr. Murray moved second by Mr. Keller that Items A through U be approved, affirmed,
and filed as noted. Rollcall vote. Motion carried, all council members present
voting aye.
Liquor License - New Outlet - Mazzi's, 2510 Oakmont (R-Restaurant)
OLCC report showed that of those in the neighborhood interviewed seven objected to
the outlet at that location, 12 approved, one was noncommittal. Manager said that if
the application was approved, there would have to be an understanding of the
total development around the facility because of probable problems with abutting
properties.
Mayor Anderson asked if action should be taken on the application before considera-
tion of the development by the Planning Commission. John Porter, planning director,
explained that development of the restaurant involved a subdivison of C-2 property,
and the Commission was concerned about development of that portion abutting resi-
dential properties to the east. He thought a hearing on the license application
might be held with final action delayed until the land use issue was resolved. Comm
8/13/75
- Mr. Murray moved second by Mr. Keller to schedule public hearing on Pub Hrng
the application. Motion carried unanimously.
III-A-4
IV - Ordinances
Council Bill No. 928 - Paving Sarah Lane from Bonnie View Drive to 200 feet north was
read by council bill number and title only, there being no
council member present requesting that it be read in full.
Mr. Murray moved second by Mr. Keller 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 second by Mr. Keller that the bill be approved and given final passage.
Rollcall vote. All council members present voting aye, the bill was declared passed and
numbered 17447.
Council Bill No. 929 - Adopting plans and specifications for paving Sarah Lane from
Bonnie View Drive to 200 feet north was read by council bill
number and title only, there being no council member present requesting that it be
read in full.
Mr. Murray moved second by Mr. Keller 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 Bcond time by council bill
number only.
Mr. Murray moved second by Mr. Keller that the bill be approved and given final passage.
Rollcall vote. All council members present voting aye, the bill was declared passed and
numbered 17448.
4~-r 8/25/75 - 23
Council Bill No. 930 - Paving.,.Wai te Street from Bell Avenue to Elmira Road was read by
council bill number and title only, there being no council member
present requesting that it be read in full.
Mr. Murray moved second by Mr. Keller 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 second by Mr. Keller that the bill be approved and given final passage.
Rollcall vote. All council members present voting aye, the bill was declared passed and
numbered 17449.
Counci 1 Bi 11 No. 931 - Adopting plans and specifications for paving Waite Street from
Bell Avenue to Elmira Road was read by council bill number and title only, there being no
council member present requesting that it be read in full.
Mr. Murray moved second by Mr. Keller 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 second by Mr. Keller that the bill be approved and given final pa~sage.
Rollcall vote. All council members present voting aye, the bill was declared passed and
numbered 17450.
IV - Resolutions III-A-6
Resolution No.2437 - Changing traffic flow on Willamette Street between 5th Avenue
and 8th Avenue to two~way was read by number and title. -
Mr. Murray moved second by Mr. Keller to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No.2438 - Authorizing payment of bills and claims for period August 11
through August 25, 1975 was read by number and title.
Mr. Murray moved second by Mr. Keller to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No.2439 - Authorizing incurring costs under Housing and Community Develop-
ment Act and .superseding Resolutions 2359, 2364, 2370, 2387, and
2431 was read by number and title.
In response to Councilwoman Beal, Manager explained that HUD was not satisfied with present
authorization for city manager to act as authorizing officer and requested the resolution to
be changed accordingly.
Mr. Murray moved second by Mr. Keller to adopt the resolution. Rollcall vote.
Motion carried, all council members preesent voting aye.
Upon motion duly made, seconded, and carried, the meeting was adjourned.
~~~~ e
Charles T. Henry.... .~
City Manager
8/25/75 - 24 4f>'e.