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HomeMy WebLinkAbout09/22/1975 Meeting . M I NUT E S EUGENE CITY COUNCIL - September 22,1975 Adjourned meeting - from September 8, 1975 - of the Common Council of the city of Eugene, Oregon was called to order by Council President Neil Murray in the absence of Mayor Anderson at 7:30 p.m. on September 22, 1975 in the Council Chamber with the following other council members present: Gus Keller, Wickes Beal, Tom Williams, Ray Bradley, D.W.Hamel, Eric Haws, and Edna Shirey. I - Public Hearings A. Code Amendments 1. Building Code Revisions Revisions to the Building Code - Mick Nolte, superintendent of building inspection, presented proposed modifications to the Building Code. Changes have been proposed in the house numbering system. Other changes include requiring fire-resistive separation between apartment dwelling units, reducing designed snow load from 25 to 20 pounds per square foot, addition of high-rise building sprinkler requirements previously incorporated in the City Fire Code, deletion of fee schedule on temporary use of public right-of-ways, amendment to the permanent occupancy Over public property to address the downtown mall conditions. Mr. Williams wondered about the house numbering system as it relates to streets that curve. The numbering is odd on the north side. As a street curves, the numbers are switched, and he wondered at which point the numbers are switched and who decides. Mr. Nolte said it is set up on a grid method. e There has been no better way determined as yet. Problems that would be created with any change would be in excess of what is being experienced now. It was pointed out that, when a new house is built, there is some variety in selection of the house number by the owner. Mr. Williams also asked about the occupancy of the sidewalk and street by an individual in the midst of construction. He felt that, since there is a possible $50 fine, care should be exercised that the public is advised of the need for a permit and of any other requirements in order to do their work. Public Works Director advised that form letters are sent on sidewalk repairs, 99% of which are initiated by the city, and the parties involved are advised of most of the requirements. A permit is required regardless of size of the project but fees do not start until there are 100 square feet involved. . Mr. Williams also wondered if changes have been made in designation of fire zones - are the boundaries any different? Mr. Nolte said boundaries have not changed. Mr. Bradley asked if staff has given thought to requiring rentals to have ionization detectors. Mr. Nolte said it is required in all new single and multiple dwelling construction. The Housing and Community Development Commission considered requiring installation of the detectors in rehabilitated buildings. They chose not to require them unless major electrical revisions were being made. e Manager thought requiring installation of ionization detectors was a point well taken. He feels they should be included in the housing code for at least multiple family units. Mr. Bradley was of the opinion it should be a requirement in all rentals. Comm Mr. Williams moved seconded by Mr. Hamel to schedule a public hearing 9/10/75 on revisions to the Building Code. Motion carried unanimously. Pub Hrng 5/2 9/22/7r:, _ 1 ..- - . - Manager reviewed provisions of the amendment, stating changes that would be ef- fected. He read the fee schedule and said it would be deleted from the code and instead set out in resolution form. Public hearing was held with no testimony presented. - Council Bill No. 937 - Amending City Code re: Building Code was read by I-A-I council bill number and title only, there being no council member present requesting that it be read in full. Mr. Keller moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and and enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17455 2. Amending Section 2.525 re: Permitting issuance of checks in excess of $1000 under certain conditions in payment for already authorized right-of-way acquisition Proposed Ordinance Change to Expedite Right-of-Way Acquisitions Through this proposal, under certain conditions, single checks to exceed $1,000 Corom for payment on already authorized right-of-way acquisitions could be issued 9/10/75 without Council prior approval of the checks. Pub Hrng Mr. Williams moved seconded by Mr. Hamel to schedule a public hearing on an ordinance change to Section 2.525 of the City Code. Motion carried unanimously. e The amendment would make possible issuance of checks in excess of $1000 without I-A-2 prior Council approval if (1) there was already a resolution of public necessity and purpose for purchase, (2) funds are available and budgeted, and (3) manager deems the amount to be paid represents the fair market value. Public hearing was held with no testimony presented. Counei I Bi 11 No. 938 - Amending Section 2.525 of City Code re: Authorizing payment for already authorized right-of-way acquisi- tion was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Keller moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Councilman Keller asked whether the Council would have any knowledge of such a transaction before it was completed. Assistant Manager said the Council would be aware of it when presented with a proposal to acquire right-of-way. Only after Council adoption of a resolution to negotiate for right-of-way would negotiations proceed. If right-of-way could not be purchased within the appraised price, fur- ther Council discussion would be required before actual acquisition. Councilman Murray asked whether the money used for payment would be budgeted for . specific projects or for general right-of-way acquisition. Assistant Manager answered that budgeted funds were identified by projects; there were no general funds budgeted for right-of-way acquisition except for specific projects. 9/22/75 - 2 5/3 Vote ~as taken on the motion for second reading. Motion carried unanimously and the blll was read the second time by council bill number only. e Mr. Keller moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the hi 11 was de- clared passed and numbered 17456. 3. Special Elections - Providing for 30-day notice to City Recorder EWEB ~ater Bond Measure - A code amendment providing for 30 days' notice to the c~:y Recorder on special election issues is necessary. It will neceSS.l tate a separate hearing. Mr. Keller moved seconded by Ms. Shirey to call a public hearing Comm 9/17/75 on the code amendment for Monday, September 22, 1975. Motion Pub H!ng carried unan.imouSly. It was ll~ved and seconded to place on the consent calendar an ord.inance setting November 4 as a special election date and a resolution authorizing the ballot measure. Motion carried unanimously. {Note: See page 11 also, these minutes. Extension of water services.] It was explained that although the Code now includes provisions for general elec- tions and amount of time required to give notice, it is silent with regard to special elections. This amendment would provide for at least 30 days notice to the city recorder for special elections. Public hearing was held with no testimony presented. e ~uncil Bill No. 939 - Amending City Code re: Providing for 30-day notice to city recorder for special elections was read by number and title only, there being no council members present requesti~g that it be read in full. Mr. Keller moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by cou~cil bill number only. Mr. Keller moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bi 11 was declared passed and numbered 17457. B. Annexation of area at northeast corner of Gilham Road and Crescent Avenue~ and ex- tending approximately 570 feet north on the east side of Gilham Road (Gillespie)(A 75-9) Recommended by the Planning Commission on August 25, 1975. Manager explained that the annexsation was sought by the applicant in order to develop the property. So far as he knew there was no opposition. Public hearing was held with no testimony presented. Mr. Keller moved second by Mrs. Beal to recommend approval and instruct staff to transmit that recommendation to the Boundary Commission. Motion - carried unanimously. 9/22/75 - 3 51+ II - Items acted upon with motion after discussion of individual items if requested. Previously discussed in committee on September 10 (Present: Council members Murray, Williams, Bradley, Hamel, and Haws) and September 17, 1975 (Present: Coune il member s Murray, Keller, Beal, Hamel, Bradley, Haws, and Shirey). Minutes of those meetings e appear below in italics. A. Appointments to the Dog Committee - The appointments of Mr. Hamel and Mr. Bradley to the Dog Committee were submitted to Council for confirmation. Comm It was moved and seconded to confirm the appointments of Mr. 9/10/75 Bradley and Mr. Hamel to the Dog Committee. Motion carried Approve unanimously. (Note: Lane County Animal Control Advisory Commi ttee) B. Proposed Procedures for Appointments to Boards and Commissions Mr. Murray explained that, subsequent to discussion of this matter a few weeks ago, he has had conferences with the Mayor, some Council members and staff in order to be able to respond to the concerns expressed by Council members. Changes were made in the preliminary document to reflect the following: 1. Changed the annual Citizen Participation Month from January to October. 2. Inserted a phrase to the effect that an explanatory statement regarding the limitations on opportunities to serve would be included in any publici ty. 3. No significant changes were made to No. 3. 4. Clarified there is no intent to adjust the existing appointment procedures. 5. Stipulated that appointments would be made at times designated in existing resolutions, ordinances and policies. 6. Stipulated that, in addition to receiving citizen interest forms, additional applications would be solicited. e 7. Included provision for sharing the forms with other local governmental units. 8. Provided a closure time and notification of individuals so people would not be kept wondering. Mr. Murray stated that Mayor Anderson and Mr. Murray had agreed on all but the first in that the Mayor is not in favor of having a month designated for a publicity drive. He is concerned that too many expectations may be aroused that could not be fulfilled. Mr. Murray, however, believes a campaign of this type would publicize what is available and make it more acceptable to the public. Mr. Williams favored that part of the document relating to determining which boards and committees would be appointed by which kinds of methods. He tends to share the Mayor's concern, however, about a given month for people to submit names. He sees a potential for a tremendous mass of data and a possible problem in getting the right names in the right "kitties". Confusion could also result if a person puts down several areas of interest. In addition, Mr. Williams felt that the individual who wants a particular job is not necessarily the individual who will come forward and apply. Sometimes it is necessary to "seek out" the best candidate for a post. Mr. Murray would hope the Citizen Interest Form would be designed in such a way that it would invite comment on general areas of interest of the person completi.ng it. He would also concur it is sometimes necessary to "seek out" an applicant. Mr. Haws wondered if all candidates, whether solicited or not, would fill out the written application. Mr. Murray said he did not know. Mr. Haws suggested inserting the word "written" before "applications" in No. 6. - Mr. Hamel wondered if a list of vacancies coming due during the next year would be published prior to the Citizen Participation Month. Mr. Murray said that would be specified. Mr. Haws thought it might be nice to submit to the appropriate 9/22/75 - 4 515". neighborhood group the names of applicants not selected for a particular board. The neighborhood group could then contact that person for possible involvement at least at the neighborhood level. Mr. Henry felt that would be a basic change in the idea of the campaign. Mr. Murray thought that could be easily accommodated e if so desired. Expanding the data handling routine was the concern expressed by Mr. Williams. It would seem that, if an individual can find out where to submit an application, that individual can probably find out where the neighborhood group meets as well. Mr. Bradley suggested that it might be best to wait until after the November election to conduct the campaign. It was explained that waiting until November would run the campaign too close to the beginning of the next calendar year. October is even crowding the time frame a bit and a suggestion was made to delete the words, "at the close of the year" from Item No. B. Mr. Haws moved seconded by Mr. Hamel to adopt the concepts listed in Comm the Citizen Participation Proposal, with the insertion of "written" 9/10/75 before "application" in NO. 6 and the deletion of "at the close of Approve the year" in No. B. Mr. Williams further expressed his concern with creating a mass of paper work at one time. He tends to favor soliciting applications for a specific appointment when it comes up. In answer to a question, Mr. Murray said there was nothing in the document to insist on or preclude publishing notice of a vacancy during the middle of the year. In answer to a question from Mr. Bradley, Manager pointed out this proposal would technically require extensive changes in the bylaws, as they now contain some specifications and regulations for making appointments. Mr. Hamel wondered if the whole document is really even necessary~ There seems e to be so much "assuming" about how details will be handled. Particulars do not seem to be spelled out point blank. He is not against the idea, but he wonders if a formalized process is necessary if the same thing can be put into practice wi thOllt one. Wouldn't it be easier, he wondered, to advertise for a vacancy as it arises. Mr. Murray's opinion was that there is not presently an adequate system. He feels Council would be doing themselves and the community a favor by standardizing the procedures. Opportunities for public involvement would be made more accessible to the citizen. A well organized campaign expands potential horizons quite a bit, he thought. Vote was taken on the motion which carried, all Council members present voting aye except Mr. Williams and Mr. Hamel voting no. C.Park Bond Issue Report Status - A Planning Commission report has been rec~ived. The Housing and Community Development Commission is still considering this matter and will discuss it at their next meeting. A question arose regarding a public hearing by the Council. October 1] had been suggested, which would rule out having the matter on the November ballot. Ms. Shirey moved seconded by Mr. Hamel to schedule a public hearing Comm on the Park Bond Issue for October 13, 1975. Motion carried 9/17/75 unanimously. Approve _D. Liquor License - Change of OWnership - 7-11 Store - The 7-11 store at 2777 Friendly has requested a routine transfer of ownership to the new owner, David F. Fletcher. Staff finds everything in order. Comm Mr. Hamel moved seconded by Ms. Beal to recommend approval. 9/17/75 Motion carried unanimously. Approve SIb 9/22/75 - 5 E.Consideration of Room Tax Allocation Committee Report Mr. Fairchild's committee has recommended approval .of numerous requests. 12 requests were approved either in part or for the total amount. Staff had r~viewed the requests for the committee and there are some disagreements - between the staff and the committee decisions. Manager explained that the committee had approved $8500 for a track at Sheldon High School. It should be pointed out that a precedent had been set by awarding sums for two other tracks, while staff has reservations as to whether it meets the guidelines. Regarding the Boy Scouts of America request, stafffel t this project would serve a rather limited group, it has not been funded before and there is some question as to whether it falls within the guidelines. Staff therefore recommends it not be funded at all. On the Churchill High School Booster Club request for money to fence the track, staff recommended against funding the request because a question arose as to whether room tax funds for the track should have been approved in the first place. It is the feeling that the fence should be a responsibility of the School Board. SWOMSI's request does not appear to come within the guidelines, according to staff, specifically as related to debt retirement. On the Bicentennial request, staff felt the City's participation should be defined by Council and that a request of this magnitude and scope should be considered by the Budget Committee. Mr. Fairchild of the Room Tax Committee commented that, as regards the Boy Scouts application, it was not indicated at the time of application that there would be any other means of financing. The committee did not feel they could fund the entire amount but could recommend up to $15,000. The Boy Scouts have now indicated they could acquire funds for the balance. On the SWOMSI request, that group has been able to assure the committee that none of the funds will be used for debt retirement. Therefore, $8500 was recommended. . 1.Eugene Wind Ensemble Mr. Hamel moved seconded by Mr. Keller to approve the Committee's Comm recommendation in the amount of $900. Motion carried unanimously. 9/17/75 Approve 2.Eugene Chamber of Commerce Mr. Keller moved seconded by Mr. Hamel to approve the full request Comm for $38,957. Motion carried unanimously. 9/17/75 Approve 3.Sheldon High School - Mr. Hamel thought $10,000 for construction of a track was a fair request, I noting that $8500 had been approved at a previous time for Eugene High School. With inflation, $10,000 is not an unreasonable request. Too, people in the area have raised a portion of the money. Wayne Flynn, principal at Sheldon, said this effort got underway about 15 months ago. The track is inferior to most in Eugene, though getting extensive use. The total estimated cost is $18,000, $4325 of which has been raised to. date. There are solicitations and student projects underway to raise as much of the balance as possible. He believes a precedent has been set and that Sheldon should receive equal treatment. Ms. Beal is concerned that this project is not tourist or convention related as far as the total city is concerned. It would seem, she thought, that e it should be undertaken by the school district. Mr. Keller, on the other hand, feels it has merit and that Council almost has an obligation to assist these ::P people. 9/22/75 - 6 Sir . The Finance Director pointed out the request does not appear to meet the guidelines, noting it is for a specific area as Opposed to serving the city in general. Comm e Mr. Hamel moved seconded by Mr. Keller to approve the original 9/17/75 request for $10,000. Approve In answer to a question, Mr. Flynn explained that the School Board has indicated 110 money is available at this time to fund the track. Mr. Bradley noted the possibility tourists could well use the facility for jogging purposes. Vote was taken on the motion which carried, all Council members present voting aye except Mrs. Beal voting no. At the conclusion of other business, Mr. Fl ynn , principal of Sheldon High School, expressed appreciation for allocation of the $10,000 for completion of the school's track, saying it was a real addition for the community. 4. Boy Scouts of America - Art Steele, long-time volunteer with the Boy Scouts, explained the money would fund an addition to the service center across from Autzen Stadium and would be used to buy some canoes. 4500 in the Scouts a.lone would use the equipment, and other organizations would be granted access to it as well. Staff would request postponement and referral to the City Attorney, as there are some questions .in terms of contractual service to the City. Mrs. Beal moved seconded by Mr. Hamel to refer the request to Comm e the City Attorney. Motion carried unanimously. 9/17/75 Approve In response to Art Steele, 2300 Oakmont Way, it was explained that no action would be taken on this item at this meeting; the Council was awaiting an opinion from the city attorney. 5. Churchill High School - Mr. Keller questioned whether the request for funds to fence the track at Churchill would meet any of the three criteria. He would tend to think this project would be the responsibility of the School District. Comm Mr. Keller moved seconded by Mrs. Beal to deny the request for funds. 9/17/75 Approve Joe Soderberg, past president of the Churchill Booster Club, noted that a fence is necessary to protect the facility. He feels the fence would not benefit just the school but, ra ther , the entire area. He does not see any difference between this project and the Sheldon track. Staff, on the other hand, feels a fence is not part of the recreational facility within the meaning of the guidelines. It is realized there is a problem out there, but many other tracks in the city do not have a fence either. The School Board would be the logical group to solve the problem of maintenance of facilities. Parks Director explained that the Churchill track is heavily used by the public; it is an expensive facility, he noted, and needs protection regardless of e whether it meet s all the criteria. Mrs. Beal sees no argument with whether the fence is needed or not. The issue is whether room tax funds should be used in this manner. 5/8 9/22/75 - 7 Jack Quirk, president of the Booster Club, reminded Council that one of the room tax criteria is recreational. This facility is a recreational one and it is important that it be preserved for that purpose. -- Vote was taken on the motion which carried unanimously. Joe Soderberg, 2412 Terrace View Drive, asked reconsideration of Council action in committee (denying the request for $5,733.49 to construct a fence). He rejected the argument that the request did not fit criteria for allocation of room tax funds, say- ing this field was the only recreational area in the southwest section of the city. He described the track facility as encompassing three football fields, it was used each weekend by the parks department, and in the summer, by the Eugene Sports Program. He said the Churchill area was receiving a tremendous amount of abuse and the only protection now was a four-foot cable which he thought was hazardous. He noted Council discussion in granting an allocation to the Sheldon area because it had been overloo~ed in terms of recreational facilities, and said that the Churchill area was the only part of the city without a swimming pool. Mr. Soderberg said the fence was definitely needed and he felt it definitely did fit the criteria for allocation of room tax funds. James Kays, 2085 Sunrise Boulevard, said there were considerable problems with traffic driving onto the field. There was significant lack of drainage on the field, he said, and with donated labor and equipment residents of the area had worked to im- prove that situation. He felt "this request for room tax funds was appropriate since the money would be used for maintenance of a recreational facility. And it was a small amount, he added, when compared to other requests for betterment of that area. Mr. Soderberg added that the fence planned would not be "just another fence," that there would be turnstiles to control pedestrian access as well as contorlling vehicle access. Councilman Hamel asked if it was true that the track was originally paid for by the e people in that area. Mr. Soderberg said it was paid for with tax dollars as a part of the original construction of the Churchill school. Councilman Keller noted that he was opposed to the allocation when it was considered in committee and that he still had reservations. However, he had many phone calls pointing out. that that was the only recreational facility in the Churchill area and that there appeared to be no funds available from the school district to construct the fence. Mr. Keller moved second by Mr. Hamel to reconsider action taken in committee and grant the requested funds ,in the amount of $5,733.49. Councilwoman Beal was in sympathy with the project but felt that precedent would be set, especially when the city was working with a limited budget. She said it could lead to requests for money for lights, then equipment, etc., and she thought the line had to be drawn somewhere. Councilwoman Shirey was in favor of the motion. She said that part of town was growing rapidly and had very little in the way of recreational facilities compared to other areas of the city. Councilman Keller said he had no intention of providing a loophole whereby lights, equipment, etc. , could be funded through room tax monies. However, he felt this was a different situation - this facility provided a place for kids and families to be- . come involved in healthy activities. He said he was not aware at the time of com- mittee action that these people had supplied so much of the facility and had been so involved. 9/22/75 - 8 5'/9 .~ Councilman Murray agre~d that the project was worthy of funding and said he would like t~ l;nd s~pport to projects where there was citizen initiative and input. Yet he e dIdn t thInk the request fit the guidelines of the charter amendment recognizing how "gray and murky" guidelines set out in that amendment were. ' Vote was taken on the motion to allocate the funds as requested. Motion def~ated on tie v~te - Council members Keller, Williams, Hamel, and Shirey votIng aye; CouncIl members Murray, Beal, Bradley, and Haws voting no. 6. Chamber Music Concert Series Mrs. Beal moved seconded by Mr. Hamel to approve the request for ' Comm $2,000. Motion carried unanimously. 9/17/75 Approve 7. Eugene Symphony Associat.ion Mrs. Bea1 moved seconded by Mr. Keller approval of $15,000 as Comm recommended by the committee. 9/17/75 Approve Mr. Mike Kramer, general manager, expressed appreciation for the recommendation, noting.it makes possible a full-time manager to coordinate activities for a very fine symphony. Vote was taken on the motion which carried unanimously. 8. Junior Symphony Mrs. Beal moved seconded by Mr. Keller approval of $3500 as recommended Comm e by the committee. 9/17/75 Approve Aljce Dugan expressed appreciation for the continued support. The orchestra of 100 and junior strings program of 50 is a real attraction to families coming to Eugene. Vote was taken on the motion which carried unanimously. 9. Emerald Empire Square Dance Clubs Comm Mr. Keller moved seconded by Mr. Hamel to deny the request. 9/17/75 Ap[.'rove Mr. Nat Dicianna appealed to Council to reverse the committee's decision. He believes the square dance clubs meet all criteria except the requirement that there are other sources of funds. "If we could have raised the money some other way," he said, "we would not be here." There are clubs in all areas of town, and they do contr.ibute to the room tax every year since many out-of-towners come to the city to square dance. Larry Lauderdale explained that he is chairman of their winter festival which will be a part of the Bicentennial celebration. It will be a cultural event and they have raised $300 which could be used. Mr. Bradley wondered if funds could be approved to match each dollar raised by the group up to the limit of the request. Finance Director thought that - would be possible and that since staff felt the group qualified otherwise they should really consider raising some of the money. City Attorney felt that kind of approach tends to appear to be a grant process in which the city cannot engage, as contrasted to a contract for service 520 9/22/75 - 9 process. It is necessary for a group to have funds from another source to enable them to deliver a service they have agreed to provide. Vote was taken on the motion which carried, all Council members present e voting aye except Mr. Bradley voting no. Nat Dicianna, 2733 Kalmia Street, maintained that the square dance festival did con- tribute to tourism and was a cultural activity. He said it would attract between 1200 and 1400 people, most of them from out of town who would use hotel and motel rooms. He asked the Council to reconsider its previous action and grant the request. Councilman Bradley thought the request did fit the guidelines. He asked the Council to consider funding one-half of the request in view of his understanding that the Allocation Committee may not have adequate funds in year-end funding. Mr. Bradley moved to approve allocation of $2500. There was no second. 10.SWOMSI - Mr. Keller was troubled with the committee's suggestion that the request be reworded by SWOMSI. Changing the wording does not necessarily change the intended use of the funds. Mr. Fairchild assured Council SWOMSI had agreed not to use part of the funds for debt retirement, and Mr. John MacDonald was present to emphasize that point. Mr. Keller moved to deny the request. Motion failed for lack of a second. Comm 9/17/75 Mrs. Beal moved seconded by Mr. Hamel to approve $8500 as recownended. Approve Motion carried, all Council members present voting aye except Mr. Keller and Mr. Bradley voting no. e 11.HistoI:ic Review Board - Mr. Murray read from the Historic Review ordinance and frOIn the statement by the City Attorney which accompanied that original ordinance. It would appear from those two documents that this type of program would qualify. He would encourage Council to reverse the committee's recommendation to deny the request. Mrs. Beal moved seconded by Mr. Keller to approve the request for Comm $30,000. 9/17/75 Beal felt that "too often we wait until we have lost what gives our city Approve Mrs. its richness". She feels people want to see how people conducted their lives in a previous time and that these funds are more definitely tourist and convention directed than any of the other applications so far. Jan Muller, chairman of the Historic Review Board, noted that many cities rely totally on their historic buildings for tourist trade. Mr. Fairchild agreed that the commi ttee mi,ght have recommended differently if the request had been presented to the committee in the same manner. Vote was taken on the motion which carried unanimously. The remaining room tax requests were postponed to the next Committee-of-the-Whole meeting. . F. Consideration of Freedom Train Project - Manager explained staff recommends endorsing the project publicly and advertising to whatever extent possible. Since Springfield could best administer the contract as a matter of logistics, it would be the recommendation of staff not to cosign the contract but to 9/22/75 - 10 52./ be supportive in all other respects. City Manager Cochran from Springfield spoke on behaZf of Mayor Freeman, conveying the Mayor's interest in seeing the train come to this area and in having Eugene cosign the contract. ~ Mrs. Norvall Shurtliff of the Bicentennial Committee, said that, according ,., to their figures, the total cost would be $5,161.25. Preliminary calculat.ions would indicate ample funds will be raised on the project to cover the costs. Any remaining funds would be used on Bicentennial activities. She stated 50,000 tickets have been requested so far by schools, includ.ing requests from Klamath Falls, Corvallis, etc. $20,000 worth of enterta.inment has been secured and lack of commitment is holding up the contracts. There will be a record made that the Freedom TraJ:n was a joint endeavor of cities and of the county. The committee would like it to go down in history this way. Mr. Bradley would urge the Council to approve jointly signing the contract. Manager said the costs are fluctuating day by day. It was felt, too, that cosigning would requ.ire more active participation in the supervision. If Eugene yuarantees any losses, that would seem enough to be designated as a joint sponsor. It simply seems to be a cleaner arrangement if Springfield is sole signer and Eugene backs them up. Mr. Murray does not feel the Council knows enough about the project, though he understood there is an urgency time-wise. He wondered if caution should be exercised before moving headlong into an unknown. Mr. Keller does not see that caution is that important since it does not involve a tremendous amount of money. e Mrs. Beal moved seconded by Mr. Keller to authorize staff to Comm finance the Freedom Train project up to $2,000, the detilils 9/17/75 of the contract to be worked out between Eugene's staff and Approve the staffs of Springfield and [,ane County in any way that is most convenient and uncomp10cated. Mr. Bradley amended the motion to delete reference to the amount of money that might be incurred as a loss and to designate Eugene as a co-signer. Amendment failed for lack of a second. Assistant Manager said staff has reviewed the matter carefully. The Freedom Train Foundation contract is a fixed contract that they will not deviate from. If f:uCfene cosigns and Springfield defaults, there is a legal question as to how Eugene would go on Springfield property and clean up. An independent agreement outlining respective responsibilities would seem sound in the opinion of the staff. Mr. Bradley amended the motion to delete any reference to the $2,000. Amendment failed for lack of a second. Vote was taken on the motion which carried, all Council members present voting aye except Mr. Bradley and Ms. Shirey voting no. G. EWEB Water Bond Issue - See comndtteeminutes page 3 - Item I-3 - these minutes. ~ It was moved and seconded to place on the consent calendar an Comm ~ ordinance setting November 4 as a special election date and a 9/17/75 resolution authorizing the ballot measure [$15 million revenue Approve bonds for expansion of water system). Motion carried unanimously. 9/22/75 - 11 522. Marian Frank, 2009 Elk Drive, was in favor of the proposed bond issue. However, she suspect~d this would not be the only issue for water development that would come to the Council, since it seemed action was being taken on an item-by-item basis rather than in terms of the cumulative effect. She requested that the Council and e EWEB get together and attempt to form some policy by which authorities would know when and why water would be extended outside certain services boundaries. She said if development continues outside service boundaries, facilities expansion will con- tinue and Eugene rate payers will have to continue paying for that expansion. So she felt it was the responsibility of the Council and ,EWEB directors to find a way to determine when EWEB should supply water outside the urban area. In response to Councilwoman Beal, Ms. Frank said she was speaking as an individual, .not as a representative of the League of Women Voters; that she was using this bond measure issue as a vehicle to bring the Council's attention to a problem that will recur and to request action before it does occur. She did not seek delay of action on the bond measure, she said. She simply wished discussion at this time, preferably at a committee-of-the-whole meeting of the policy regarding expansion of the EWEB water system. Councilwoman Bea1 suggested that staff be instructed to schedule the issue for discus- sion at a committee session at a time convenient for both the Council and EWEB directors. Councilman Williams thought first there should be some review of the fairly rigid set of agreed-upon guidelines which came out of a previous meeting between EWEB and the Council. He said he was not aware of any instance where those guidelines had not been followed. Councilwoman Beal said the question involved not only agreement between EWEB and the Council, but also the Boundary Commission which has final authority with regard to e water district boundaries. Manager suggested consultation with EWEB and compilation of existing guidelines for presentation to the Council prior to joint discussion. Assistant Manager added that state law imposes no restrictions on expansion of either private or public water utilities. So the Boundary Commission controlled the geographical boundaries as well as having authority to regulate expansion of utility systems, especially extra- territorial. There were no objections to staff's working with EWEB staff to prepare the desired material, after which decision could be made with regard to further discussion. H. vowntown Westside Association Committee Report - Ms. Shirey passed out a Corom report from the Downtown Westsiae Association Committee, asking that 9/17/75 Council read the material and give some direction at the next Committee Affirm meeting. I. Road Improvement in Connection with Building Construction - Ms. Shirey explained that problems are occurring in her area of town because there Corom is no requirement that, in order to obtain a building permit, the road 9/17/75 must be improved as well. She would like staff to provide feedback at Affirm the next Committee-of-the-Whole meeting. J. Livability Survey on Eugene - Councilman Bradley asked about a report from e staff on Eugene's recent selection as winner in its population classification of a national livability survey. Manager said a copy would Corom be forthcoming after September 21 with staff analysis. 9/10/75 File 9/22/75 - 12 ~3 K. Speed Hazard at Crosswalk on South Willamette - Councilman Hamel has had several calls from citizens in the South Eugene area around Brae Burn and 46th. The speed limit in that vicinity is 40 miles per hour, and there Co nun are an abundance of children crossing at a marked crosswalk each day. 9/10/75 e At present, mothers are leading the children across but they are hopeful File that some type of red flashing light or other warning signal could be installed. Staff will look into it and provide some communication on the ma tter. Comm L. Hazard at 46th & BZaeburn Crosswalk - Mr. Hamel thanked staff for their 9/17/75 prompt response in addressing this problem. File M. Recent Publicity Regarding Public Information and Records - Manager said staff is investigating the implications of H. B. 2579 regarding public Comm information and records. Some procedures will be developed soon, as the 9/10/75 new law will have a tremendous impact on many of the City employees and File how they report. N. Public Information Programs on KVAL and KEZI - Community Relations Director Alice Rutter announced that KVAL and KEZI have asked to do programs over Comm a period of time on City news and information. A t present KVAL would likE! 9/10/75 to schedule individual Council members on a rotating basis to explain File city problems and further describe what areas the Council wishes to address. There were no objections from CO~jcil members to the concept of this type o.f programming. a.Presentation of Levy Election Analysis - At the request of the Council, an analysis of voter returns for recent issue elections by voting areas was e presented by Alice Rutter, Community Relations Director. She explained that a levy approval over the 6% limitation was first needed in 1968, but not until 1975 did the bud~et pass on the first try. In 1973, 3 out of 41 prGcincts carried at the 1st election, in 1974 25 out of 52 carried and, in 1975, 36 out of 52 carried. A more sustained information effort was implemented in 1974. Since neighborhood groups were in the formative process, informational fliers were distributed through them. In addi tion, fliers were handed out over the counter at the library and at the Parks Department and community centers. TV exposure was increased also. When certain sections of the city were fliered prior to the second election in 1974, the turnout and "yes" votes increased, while the "yes" votes decreased in precincts not receiving fliers. The percentage turnout for the three elections in 1974 was 13%, 25%, and 16% respectively. Some possible factors for ul timate passage include 3 pages of Comm information in the Parks Department program, the formation of neighborhood 9/10/75 groups throughout most of the City and more exposure on television. File Ms. Rutter went on to say that turnout does not always coincide with "yes" votes. "We are not always home free by carrying a precinct", she said. For instance, in one precinct, there were 13 votes cast in the last election and the precinct carried 7 to 6. Another possible positive factor in this year's first-round passage was that the City budget election coincided with the Lane Community College and School District 4-J elections. The efforts of each group may have reinforced each other. As a prime example of a possible reason for success this year, Ms. Rutter pointed to Precinct 521 - in the westside area. That precinct has never carried before. This year all homes received the Parks e Department program, plus news letters went to all homes via the neighborhood group. In addition, speakers clarified the issues at neighborhood association meetings and an information letter was sent asking people to take part in the election and study the issues. The precinct carried by 25 votes. 9/22/75 - 13 5Z4- P. Consideration of Role of Hearings Officer for Zoning Code Amendments In order to determine more accurately the wishes of the Council relating to the role of the hearings officer for zoning code amendments, a questionnaire technique was used. Mr. Saul said the questionnaire completed by Council members indicated e the following: If zone changes were transferred to a hearings official, the Council would still like to retain its role in terms of consideration of appeals. Council would like to retain some form of review, at least of zone changes that the hearings official approves. There are two options that appear to answer questions raised by Council members: 1. The first would provide that the hearings official would make the final decision with provision for two elements: a. City Council would hear all appeals; and b. Council would review the record of all approvals granted by the hearings official. 2. Another option which could be developed would be for the hearings official to conduct the original hearing, reach a determination and forward it, if approved, to Council for review and any further action. It would seem possible, under existing state legislation, for council to act on the hearings official's recommendation without a formal public hearing. A public hearing would be necessary if there was an appeal or if Council wished to reverse the hearings official's decision. The questionnaire also indicated the City Council is not comfortable with delegating hearings to the Planning Commission with no Council involvement. There has also been recommendation against continuing the triple hearing procedure - Hearings Official, Planning Commission, City Council. One method by which staff thinks Council could benefit from the expertise and advice of e the Planning Commission would be to establish the Planning Commission as an "interested party" who could make direct comment to the Hearings Official on critical matters as part of the hearings process. It could also appeal a decision to the City Council. A different alternative might be that the City Council could solicit advice from the Planning Commission if faced with a difficult question. Mr. Murray asked for a clarification of the term "review". Mr. Saul answered that the state legislature provided at the 1975 session for Council review of hearings official decisions. To do so Council would receive written copy of findings and testimony presented (summary of minutes, etc.). Council could review the decision reached and study the basis upon which it was made. Council could request a public hearing on it if they so desire. It would have to be specified in the ordinance what material would be forwarded to the Council. Comm Mr. Haws expressed concern with how the hearings officer is .selected. He 9/10/75 would favor selection by the City Council personally. File Mr. Bradley suggested a hearings panel - two members from the City Council, two members from the Planning Commission and the Mayor. He does not favor being locked into a system of one person serving. Mr. Bradley suggested continuing the discus~ion to next Wednesday's meeting, when more Council members should be in attendance. Q. Report from Council Activities Committee for the Mall - Mr. Maurie e Jacobs thanked Mr. Hamel and Ms. Shirey for their time and effort in the Corom development of Mall guidelines. The report is an outgrowth of that 9/17/75 committee's efforts, which will serve as criteria for the future. File 9/22/75 - 14 52'~ R.Garbage Board Report Status - The report: is incomplete at this point. Comm It 9/17/75 was reviewed by the Board and distributed to Council. The Board recommended File no changes be made a t present as they wish to consul t further w.i th some of e the contractors who will reconsider the whole rate structure. S. Vacancies on Lane County Community Health Advisory Committee - Though appointments to this commi ttee are made by the County Commiss.ioners, Comm recommenda tions are welcomed from the Ci t'J Council by prev ious agreement 9/17/75 and should be ready to transmit to the County by the next Committee meeting. File T. Introduction of New City Librarian - Manager introduced Mr. James Meeks, Comm 9/17/75 new City Librarian, formerly from EngleWOOd, Colorado. File Hr. Keller moved second by Mrs. Beal to approve, affirm, and file as noted Items A through T. Rollcall vote. Motion carried, all council members present voting aye. III - Not Previously Heard A. Annexation of area between Bertelsen Road, city limits, Four Oaks Grange Road, and 18th Avenue (Eugene Rouch) (A 75-6) Planning Commission recommended annexation of expanded area. Manager said that the petitioner had requested withdrawal of the petition. Staff had no objections. Mr. Keller moved second by Mrs. Beal to approve withdrawal e of the petition. Motion carried unanimously. B. Vacation of easement south of Vine Maple Drive, east of North Shasta Loop (Beulah Bayly)(EV 75-4) Mr. Keller moved second by Mrs. Beal to call hearing on the vacation request for October 27, 1975 Council meeting. Motion carried unanimously. C. Sign District Amendment - Coburg Plaza (Coburg Road and Cal Young Road) (SDBC 75-1) Mr. Keller moved second by Mrs. Beal to set hearing on the amend- ment for the October 13, 1975 Council meeting. Motion carried unanimously. D. Request for caretaker mobile home permit at 285 North Bertelsen Road Murry Manufacturing Company Mr. Keller moved second by Mrs. Beal to call hearing on the mobile home request for October 13, 1975 Council meeting. Motion carried unanimously. E. Condemnation Settlement l. 29th and Willamette Intersection Wilbur and Eva Reynolds - 5,600 of light pole e Mr. Keller moved second by Mrs. Beal to approve. Rollcall vote. Motion carried, all council members present voting aye, except Councilman Williams abstaining. 52fc 9/22/75 - 15 ~ 2. Barger Drive W. G. and Ilah Coleman - $3,000 Donald and Patricia Lenhart - $550 e Mr. Keller moved second by Mrs. Beal to approve. Rollcall vote. Motion carried, all council members present voting aye. IV - Ordinances Council Bill No. 940 - Ordering special election on November 4, 1975 re: Charter amendment authorizing issuance of $15 million revenue bonds for improvement of water utility system (EWEB) was read by council bill number and title only, there being no council members present requesting that it be read in full. Mr. Keller moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17458. Council Bill No. 941 - Calling hearing October 27, 1975 re: Vacation of utility easement south of Vine Maple Drive, east of North Shasta Loop (Bayle)(EV 75-4) was read by council bill number and title only, there being no council member present requesting that it be read in full. e Mr. Keller moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously, and the bill was read the second time by council bill number only. Mr. Keller moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17459. V - Resolutions Resolution No. 2444 - Authori~ing measure on November 4, 1975 election ballot re: Issuance of $15 million revenue bonds for improvement of water utility system (EWEB) was read by number and title. Mr. Keller moved second by Mrs. Bea1 to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. ~ Resolution No. 2445 - Calling hearing October 13, 1975 re: Mobile home for care- taker at 285 North Bertelsen Road (Murry Manufacturing) was read by number and title. Mr. Keller moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all council member present voting aye. e Resoluction No. 2446 - Authorizing payment of bills and claims for period September 8 through 22, 1975 was read by number and title ~- 9/22/75 - 16 527'.. , . Mr. Keller moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. . Upon motion duly made, seconded, and carried, the meeting was adjourned. ~.~ CharI es T. Henry City Manager e e 528 9/22/75 - 17 _":.'. ~.