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Home My WebLink About10/13/1975 Meeting M I NUT E S EUGENE CITY COUNCIL October 13,1975 - Regular meeting 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 October 13, 1975 in the Council Chamber with other council members present: Gus Keller, Wickes Beal, Tom Williams, Ray Bradley, D. W. Hamel, Eric Haws, and Edna Shirey. Mayor Anderson announced that Donald P. Allen, director of public works, this day became a grandfather. I - Public Hearings. A. Parks Bond Issue and Serial Levy - $7.45 million Recommended by the Planning Commission September 9, 1975 and by the Housing and Community Development Commission on October 2, 1975. Jim Saul, planner, reviewed background of action leading to the South Hills Study which was adopted in June 1974. The study called for an acquisition program in that area aimed at defining the urban service area and providing areas for long- range park development as well as visual protection. The Joint Parks Committee, directed to prepare a detailed cost estimate for implementation, submitted its recommendation for a minimum program that would assure preservation of the urban service area while providing a parks system and trails linking the park areas. Mr. Saul emphasized that all areas recommended for acquisition will serve multiple functions. He added that the recommendation identifies only the most critical areas where, in the judgment of the Committee and staff, alternate means - transfer of development rights - would not be effective in terms of preserving those areas. e Funding of land acquisition in the south hills through a serial levy of $4.5 million was recommended primarily to save interest costs, it being the Committee's consensus that the cost thus funded would be about half the cost if funded through a bond issue. The Committee also recommended consideration of acuiqistion in the south hills along with overall park development needs in the community rather than as a separate issue. Ed Smith, parks director, described park development needs proposed in the bond issue as well as acquisition of sites in other parts of the community. They in- cluded an indoor swimming pool at Churchill High, four covered and lighted tennis courts in the Amazon Park area, remodeling Washington Park area to provide a facility for the handicapped, acquisition and development of areas in the central city and further development of Mohroe Park, more lighted ballfields, acquisition in the Delta and Bethel areas, and further development of Peterson Park in the Bethel area. He added that all proposed acquisition and development would be reaching areas having immediate needs. Public hearing was opened, Speaking in favor of the total pro~ram as presented were Robert S. Harris, 1750 Kona Street, for Fairmount Neighbots, who presented a written statement; James I-A-] Kays, 2085 Sunrise Boulevard, presenting a petition from school children in the I-A-2 Churchill area in support of a swimming pool in that area; Liz Heath, 2087 Law Lane, for Willakenzie Neighborhood Association; Arden Munkres, 2104 Dewey Street, I-A-] parks committee chairman for Activ~ Bethel Citizens; Sandra Bishop, 852 West Broadway, for West Side Quality Prbject; Sharon Posner, 2473 Columbia Street, e for League of Women Voters; Ron Eber, 242 East 14th Avenue, #3, for Sierra Club; Eugerte Emge, 2181 Washington Street, for Friendly Area Neighbors; Ann Ramp, 918 Lorane Highway, chairman of the Crest Drive Citizens Association; and Juanita Manley, 2550 Warren Street, for Churchill PTA. Ms. Manley also asked favorable consideration of the proposal for a swimming pool in the Churchill area. SZ9 10/13/75 - 1 Ms. Heath said the Willakenzie group recommended amendment-of the proposal to allow a portion of the funds allocated to south hills acquisition up to $500,000 for acquisition of a large parcel in the Willakenzie area. ' Ms. Munkres reported that the ABC group suppo.rted the proposed change in develop- -- ment from Bethel to Peterson Park. She said that group preferred one good well- developed park in the area rather than two partially developed parks. Larry Offen, 1070 Snell Street, thought removing additional land from private ownership in the south hills would increase land costs and make living in that area even more difficult. Also, he said, there should be adequate police and fire patrol if preservation was desired, and construction of a trail system would make such protection difficult. He cited average costs of $6000 to $7000 per acre according to timber, development, and real estate interests in the area. Mr. Offen thought that if the land was purchased over a period of five to ten years and funded through a serial levy, land costs experienced because of inflation would amount to much more than the 7 to 8% increase due to accrued interest costs under a bond issue. Whereas, if the land was developed, he said, assuming it would be annexed to the city, there would be the potential for adding $6.5 million dollars annually to the city's tax base. He said he was not particularly opposed to the proposal but he thought much additional research was needed before any action was taken. He was in favor of site acquisition proposed in other parts of the city but thought the south hills acquisition should be separated to give the people an opportunity to vote on that proposal separate from the park development issue. The voters should not be forced to buy a thousand acres of land in the south hills, he ,said, to get tennis courts in already developed park areas. Mrs. Robert Lemmon, 1280 Mill Street, noted there were no parks in the West University neighborhood and asked for acquisition of a site there as soon as possible, saying that a meeting place for the neighborhood in connection with a e park would be desirable. Mrs. Lemmon also pointed out the advantages of greenery if land was going to be developed as parking lots. She said the West University Neighbors had take no vote on the bond and serial levy issue but she reiterated the urgent need for park development in that neighborhood. \ Ms. Posner read a prepared statement and pointed out that the south hills ridge I-A-4 line acquisition was seen as a vital step in the urban service boundary concept. Also, that the compact urban growth concept would keep costs of city services down. Protection from urban development of farm land was also necessary, she said, and it could be accomplished by preventing development beyond the ridge line. She urged the Council to give the public a chance to vote on the proposal. Mr. Eber thought timing was important because of the tremendous development pressure; delay would jeopardize the entire thrust of the south hills study - preservation of that area. He entered into the record the original correspondence from the coalition of ten organizations submitted to the Joint Parks Committee strongly supporting the outcome of the study. Mr. Emge read a prepared statement on behalf of the Friendly Area Neighbors sup- porting south hills acquisition, but also noting extreme pressure for development of park sites in the Friendly area. Acquisition of "block parks" was needed now, he said, and voters asked to support a $7 million park issue should be able to see some specific benefit to individual neighborhoods. Also recommended was in- stallation of a restroom at Westmoreland and improvements in Washington Park. He asked addition of $100,000 for acquisition in areas other than the south hills e and presented a detailed statement of that recommendation. In addition, con- sideration of tennis courts on the west side reservoir was requested. Mr. Emge recognized the need for a facility for the handicapped but thought Washington Park 10/13/75 - 2 0-530,: was not the place because of it~ already heavy use. Rather, he thought a'separate facility should be planned for the handicapped_ Speaking per- sonally, . he. said, he noted when Jefferson Poo'l was covered the voters were told it was necessary to provide-a site for the Churchill swimming team, so he didn't . see why the Churchill area needed a swimming pool. I-A-5 Ms. Ramp commended the south hills study group for planning development of some park areas now, holding others for the future. I-B-] Sol Cuddeback, 202i Jefferson Street, concurred with t.he idea of developing exist- ing park areas. He said that before action was taken to acquire the south hills areas a thorough look should be given to the amount of land involved and how much it could be used for kids. He asked what uses were proposed for the areas. He favored expanding present parks and possible addition of more but asked recogni- tion of the fact that money was needed to operate them effectively. He thought $4.5 million for south hills acquisition was not enough, that purchase would amount perhaps to twice that amount, especially if funded through a serial levy. He also thought that the voters should have the opportuijity to decide on that issue separately from development and acquisition in other parts of the community. Mr. Cuddeback noted the large open spaces already in public ownership in Baker Park and at Mt. Pisgah, and added that with building regulations now in effect development of the south hills would not detract from the visual beauty. He also noted the decrease in the city's tax bas which would result from removal of that amount of land from private ownership. And he said there was a "heritage" in being able to spread development rather than crowding into "compact growth." Others speaking against the proposal were Tom Woolley, 2245 Orr Lane, and Randall Cuddeback, 2205 Lorane Highway. Mr. Woolley didn't think it proper to spend money on "beautifying" the city when it was short on police and fire personnel. He e thought a park as proposed in the south hills ridiculous, noting even more money would have to be budgeted for its maintenance. Randall Cuddeback said acquisition and development of park areas in the south hills would force more development in the core area. At the same time the proposal called for more acquisition of open space and park development in the core area, an obvious conflict. He suggested more thought be given to acquisition of open areas in the core area where open space was rapidly being filled in. He suggested separation of the south hills acquisition and development of existing park areas for purposes of voting. Tom Slocum, 2125 Fairmount Boulevard, expressed concern over the whole program. He noted that the Council at the time of adopting the south hills study make it clear that the city would purchase the land there if it was wanted for park pur- poses and would not hold up development if city acquisition was not possible. He said there were about 1000 acres involved and he doubted that $4.5 million would be sufficient to purchase it. He said effects of the study should be noted, limitations on development had forced land prices up considerably over the last two years. He hoped the issues would be separated when presented to the voters and that thought would be given to loss of tax base if the land went into public ownership. Public hea~ing was closed, there being no further testimony presented. Councilman Murray, in response to c:omments made, said he would recommend that Peterson Park be designated the primary park for development in the Bethel area, Bethel Park to be given second pridrity should there be additional money available. . With regard to the Willakenzie are~, he called attention to Alton Baker Park al- ready established in that area, even though it is not a city park, and the ac- quisition of 31 acres in that part of the community since passage of the 1972 parks bond measure. He also noted that the present proposal included acquisition of Delta gravel pond areas. Mr. Murray referred to the question of separating the 53/ 10/13/75 - 3 ~ issues for voter consideration and said the Joint Parks Committee had looked at that aspect and was of the opinion that acquisition of property in the south hills could not be isolated from needs in other areas for parks and open space. As a result, the Committee had developed the more comprehensive, overall proposal. . Mr. Murray continued with regard to cost of acquiring open space in the south hills .that there was no question it would take a lot of money. But he thought failure to preserve the ridge line would be a striking contribution to the sprawl pattern and the costs of such growth. He compared development in the Spencer/ Lorane area to development in the Willakenzie area where some urban services are already available, and quoted costs for services in both areas. He said that sewers, including pumping station, and transportation routes would have to be de- veloped to serve the Spencer/Lorane area at a cost of $22,516,000 to $28,624,000 which should be compared to the $7.45 million cost proposed in this total parks and open space proposal. He thought it importnat too to realize that the Spencer/ Lorane area was only one, others adjacent would have to be included if development occurred. Councilman Williams said he had heard no testimony that would lead him to believe there would be a $27 million cost to the public if development occurred in the south hills. Or that development in the Willakenzie area would require perhaps only $1.5 million for sewers. He said he had no idea whether the testimony was valid but he was terrified, he said, of asking Eugene people to spend $4.5 million to buy south hills land on arguments he didn't understand. Councilman Keller thought the two issues should be separated. He felt the exist- ing parks program might be penalized, if the two issues were combined, for the benefit of trying to acquire land in the south hills. Councilman Hamel agreed. He thought the people of Eugene should have the opportunity to decide whether they wanted to expand the existing park lands separately from acquisition of e south hills property. Councilwoman Beal wondered how the voters could choose between acquisition of land in the south hills and land in the central areas if the issues were separated strictly between a bond issue for parks development and a serial levy for acquisi- tion. Councilman Haws wondered what would happen to the $300,000 included in the bond issue for central parks development if the issues were separated and the serial levy for acquisition in the central area was not approved. Manager remarked that the Mayor had expressed a desire to review testimony pre- sented at this meeting before action was taken in view of the long-range develop- ment plan and its effect on future budgets. Manager suggested that no decision be made at this meeting Councilwoman Beal thought a fair choice would not be given the voters by including acquisition of park areas in the central city in the serial levy. If it was de- feated,she said, and park development approved under the bond issue, there would be ~o parks to develop. She said the central area was the most overcrowded and needed the facilities and open space. Councilwoman Shirey didn't want to separate the issues. She said the Joint Parks Committee had proposed a comprehensive package for the entire city and separation for voter consideration would result either in development of existing parks with no acquisition of new land, or acquisitibn of new land with no development. She noted receipt of a letter from Phyllis Ekr1y, president of the South Hills Neigh-' e borhood Association, supporting the total proposal, and commenting that the city had a commitment to bring to the people a plan for acquisistion and development of a parks system for the future residents ~f the city. 10/13/75 - 4 nv Mr. williams moved second by Mr: HameL to refer the proposal to staff for consideration of testimony taken at this meeting and ask that th€ issue be brought back to the Council either with a series of alternatives for consideration, or._ sound reasons e why alternatives should not be considered and the package presented to the voters in its existing form. Councilman Murray asked if intent of the motion was to refer the issue to staff or to the Joint Parks Committee. Mr. Williams replied, IrStaff." Manager said further suggestions could probably be worked out with regard to the issue. He noted the impact the proposal would have on the budget and suggested it could be reviewed by the budget committee, soon to start its work. Councilman Williams said the motion referring the proposal to staff would not pre- clude staff's referring it wherever they wanted for analysis. Mr. Keller thought it should have further review because of the concern expressed about acquisition of park areas in the central city. Councilwoman Beal suggested instructing staff also to recommend some division of the issues for voting purposes. Councilman Haws said he would vote against the motion. He thought the appropriate place for review was the Joint Parks Committee because they made the original recommendation. Councilman Murray agreed. Although he was not wholly in favor of referral, he said, if it was referred, it should be to the policy makers who developed the proposal rather than to staff. Mr. Haws moved second by Mrs. Beal to amend the motion to refer e the proposal to the Joint Parks Committee rather than to staff. Councilman Williams was opposed to the amendment. He thought input in terms of revised considerations from other than those preparing the original proposal would be more appropriate. Councilman Haws pointed out that the makeup of the Joint Parks Committee had changed (he is now a member) and a different viewpoint therefore might be obtained. He didn't think staff would present anything too different from what might result from the Committee's review. Councilwoman Shirey thought the Committee could use the in put gained from testi- mony at this meeting in a creative way and come up with the necessary changes. Councilman Bradley suggested a time limit for returning the issue to the Council- perhaps 30 or 45 days. Councilman Haws asked if timing was critical so far as election dates were concerned. Manager answered that his understanding was that the issue could not be ready for the voters before early spring. He said the critical matter was the impact on the city's operating budget as well as the tax rate. This proposal, he said, involved about a 6l~ tax increase and since budget- ing problems would be greater this year very careful consideration of the entire proposal was necessary. A 30- or 45-day time limit would be fine, he said, adding that finance, parks, and other departments could give some input in that time. Mr. Haws with consent of the second (Mrs. Beal) included a 45-day - time limit in the amendment. Councilman Keller hoped that would hot rush a decision back to the Council. He was not in favor of setting a limit because people working on the Joint Parks Committee were volunteers and they might not be able to give adequate considera- 533 10/13/75 - 5 tion in that length of time. He didn't want to take anything to the voters that had been "rushed into." Mr. Haws had no qualms about asking for an extension 'of time if after 45 days more time was needed for proper consideration. However, he thought a limitation would "spur" the work on. He assured Mr. Keller that he would do a good job. e Vote was taken on the amendment for referral to the Joint Parks Committee rather than to staff with a 45-day limit on returning the recommendation to the Council. Motion carried unanimously. Vote was taken on the main motion for review for alternatives or reasons why alternatives should not be considered. Motion carried unanimously. A short recess was taken. B. Sign District Amendment - Coburg Plaza (Coburg between Cal Young and II-A-] Willakenzie (SDBC 75-1) Amending Ordinance 17288 (April 14, 1975) as recommended by the Planning Commis- sion on August 11, 1975. No ex parte contact or other reasons for conflict of interest were declared by Council members other than Councilman Williams noting his intent to abstain from voting in all sign matters. Jim Saul, planner, explained the minor amendment which would permit wall-mounted signs for individual businesses in the Coburg Plaza. He said that the original ordinance was not worded so as to accommodate that intent. Public hearing was opened. e Grant Lovegren, 3556 Black Oak Road, speaking for Earl Green, developer of Coburg Plaza, favored the amendment. He said the overall appearance of the center would not be affected. Also, that three establishments would not be allowed identity signs unless the amendment was adopted~ Public hearing was closed, there being no further testimony presented. Councilman Bradley asked if this was similar to a request from First National Bank for a sign at its Valley River Center branch. Mr. Saul answered that there was no similarity. The First National request was for a variance that would per- mit more than one sign. Assistant Manager added that the Bank's existing sign was not visible from the parking area and a variance was sought for limited ex- terior exposure as well as an additional sign. The amendment under consideration at this time, he said, was merely a modification of the existing ordinance. Council Bill No. 942 - Amending sign district designation for Coburg Plaza (...wall-mounted identification signs 9R for each...) 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. Bea1 to adopt findings supporting the sign dis- trict designation as set out in Planning Commission staff notes and minutes of August 11, 1975; 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, all council members present voting aye, . except Councilman Williams abstaining, and the bill was read the second time by council bill number only. 10/13/75 - 6 ~ --. / 53~~ Hr. Keller moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, excpet Council- man Williams abstaining, the bill was declared passed and numbered 17460. 'I-_ C. Request for caretaker mobile home at 285 North Bertelsen Road - Murry Manufacturing Staff has no objections so long as standard permit and sewer connection require- ments are met. Public hearing was held with no testimony presented. Resolution No. 2447 - Authorizing mobile home for caretaker at 285 North Bertelsen Road (Murry Manufacturing) was read by number and title. Councilman Haws asked the reason for the request. Manager answered that vandalism had been experienced and the owners thought a caretaker staying on the premises would handle the problem. Mr. Keller moved second by Mr. Williams to adopt the resolution. Motion carried unanimously. D. Bids - Public Works Department [I-A-3 1. Royal Avenue from Louis Lane to 1000 feet west of Candlelight Drive (opened September 25, 1975) - ..--- Cos t to J\r.HJ;.;nl. ::~e of Bidder ~ud Project Contract Cost Abutting Prop. COS~ to City lll;d!;c t cd ~ejVed b{ O~egon State Department -anspor atTon PAVIN ./lND SIDEllALKS: 1- Royal Avenue from Louis Lane to 1000' West of Candlelight Drive (618) 1- Eugene Sand & Gravel. Inc.......................$679.531.00..................28' Pav...........$18.00/FF...........S55.317.00.........S23.463.00... Wildish Constr~ction Company................... .$685.409.70....... 35' Pav.......... .$20.30/fF 44' Pav...........$22.60/FF Advance Required to State 4" Sidewalk.......$ LOO/SF $330 370 00 5" Sidewalk.......$ L12/SF . . 7" Sidewalk.......$ L39/SF COl-\PLETIml DATE: October 12. 1976 --------------------.--.---------.------------------------------------------------------------------------------------------------------------------------. Don Allen, public works director, reviewed the bids submitted for the project which would provide for two lanes of traffic, two bike lanes, sidewalk on each side, and a center turn lane with no provision for on-street parking. He noted that the project had been initiated by the Council at staff request and would be funded with federal and state aid. Abutting properties would be assessed about 35% of the project cost under the city's normal assessment process, balance of the cost to be picked up by city, state, and federal funds. Award to the low bidder was recommended and authorization requested to make the deposit of $330,370 as re- quired by State Highway Department bid procedure. Mr. Allen noted that this was the final public hearing by the city and that there were no letters of protest on file at this time. Letters received in previous hearings were already a matter of record, he said. 4t Public hearing was opened. Donna Nelson, speaking for Muriel ~oberts, owner of property at 4021 Royal Avenue, and Russell Stewart, 4190 Royal Avenue, questioned the need for sidewalks at this time. ~1s . Robetts property was undeveloped, Ms. Ncl son said, and she doubted the wisdom of installing sidewalks onlY to have them torn up when development did occur. 53S 10/13/75 - 7 Mr. Stewart noted that the children are picked up by school buses. He wondered if the mail carriers would be traveling across the walks with their autos. Mr. Stewart also thought the bike paths should be paid for by those using them rather than being assessed to abutting properties. . Walter Jensen, 3850 Royal Avenue, asked when the project would begin if the bid was accepted at this meeting. He also asked who would be responsible for paving driveways on the portion of public right-of-way between the pavement and the property line if there was to be a 48-foot paving on a 60-foot right-of-way. Erick Ostlund, 4429 Royal Avenue, asked how much the total project would cost. He felt provision should be made for on-street parking, especially when the owners of abutting properties were paying for the improvement. And he objected to the expense involved in installation of six- to nine-inch pavement for bike paths when "blacktop" would suffice. Public hearing was closed, there being no further testimony presented. Public Works Director Allen said that staff recommended dispensing with installa- tion of sidewalk along the east property in Ms. Roberts' ownership on the ,Echo:.,Hollow Road paving proposal until development occurred and it was needed. However, staff would recommend on the Royal Avenue project installation of sidewalks on the north side of the entire project because of the number of children in the area needing them going to and from school. With regard to mail vehicles using sidewalks, Mr. Allen said it was prohibited and was only a matter of enforcement. He men- tioned however an experimental program with electric mail carts which could be used on sidewalks and said that program would be continued until proven inadvisable. Mr. Allen continued that the cost for the bike lanes would be borne by one of e the three agencies - city, state, or federal. There is a stipulation in the contract covering this project, he said, that parking would be removed if state and federal agencies were to participate in the cost. If on-street parking was included, he said, an additional 16 feet would have to be incorporated into the width. With regard to the driveways, he said that specifications call for replac~ ing "in kind" what is there. If there are concrete driveways, that portion within the right-of-way will be matched with the understanding that any concrete placed to connect driveways would be assessed directly to the property owner. Gravel driveways would be replaced with gravel. As to completion of the project, 225 days are allowed. No asphalt pav.ing would be laid after October 1975, he said, although utilities' work would probably be out of the way this winter. He said a schedule of work would be submitted by the contractor before work was started, but at this time there was no indication of when it would commence. Mr. Keller moved second by Mr. Hamel to approve the project as recom- mended, concur with the state in awarding the contract to the low bidder, and authorize a city~deposit of $330,370 as required. Mr. Allen referred to the question of paving vs asphalt for the bike lanes and said there was not a great deal of difference in the cost of installing curb and gutter and an asphalt bike lane. He said that on this project with the 60- foot right-of-way there would be a stirp of property back of the sidewalk that would not be used, and maintenance of that strip under all city ordinances was the responsibility of the owner of abutting property. It would, however, be left in good condition upon completion of the project, he said. 4 Councilman Haws said he had been contacted by only two property owners, both elderly who were concerned about financing. Sherm Flogstad, finance director, said applications were available in the finance department, either by mail or p'hone, for assessment ~eferral for ~lderly ~eoEle. He said information regard- lng the deferral plan lS sent out w1th asse sm nt notices ~ropably about 18 months from now. However, property owners need not await'r ce1pt of those notices jto file for assessment deferral? he said. -~~~, ~, 1() 17.:/7C; _ Q '. Rollcall vote was taken on the motion as stated. Motion carried, all council members p:,Esent voting aye. 2. SanItary sewers - 4th and Willamette; Belt Line and Coburg (opened 10/7/75) e -..---- ..:..:~~( Bic.!der ar.t! Project Contuct eoH Cost to ~.r":..;.c:\t II-A-4 '\buttlni Prop. COlt to elt)' B;.idg.:ed SA'HTARY SEY.ER: I. In area b~t''''een 160 feet West of IH llalt.ette Street and Pearl Street and het\'i'cen (tn Avenue and 225 feet north of 4th Avenue (1187) 1. ~1i1dish Cor:strllctfon COr.:pdr.y.............S 6,554.50."..."..,.,..".,.., .S a.01l/SF"......., .,."..""".., ,0""",.,.",.,.. ..0",., .... 2. H & J tcnstruction.......................S 8.887,00 J. Shur-I-!ay Contractors. Inc................$ 9.525,35 4. Dan O. Allsup Contractor. Inc......q....$ 11.199,60 . -. - _. _.' _.... -- - _.. h . -., -.......... - ... ____. _. _ _. ... h. _. _ _. _... h. ... m. ,'._. m.... -. -. .._. __.... ,__. ~~~:~: ~ ~~.~:~ :... ~~~~~~~ ~.~:. ~ ~ ~ ~ mm...... .... 2. South of Beltlfne ROlld fror.l Co~ur~ Rood to 200 feet Eon (1182 . 1. Wfldlsh Construction C"",pony,.,,,...,,.,,S W :~~~: ~~" . " . . .. " , '" .... .. " " . , , ,,0, " .. " . , " . .. " . " " , , , .. " ,$10,518,75.. .. . , , , , , .. ,,0.. , " , .. 2. Shur-v'dY (ontr4ctor\, tnt................S 3, H & J Construct;oo..............."......$ 14,375,00 COMPLETION OATE: December 1. 1975 Bids were reviewed by the Public Works Director and award of contract recommended to the low bidder on each project. Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Williams to award contracts to the low bidder on each project. Rollcall vote. Motion carried, all council members present voting aye. E. Bids - Parks Department Projects (opened October 10, 1975) e Spencer Butte parking lot improvement 'II-A-5 Wildish Construction $ 8,000.56 Shur-Way Construction 7,057.00 Valley Fence Co. 6,914.00 Oregon Fence 5,285.60 Office Estimate $ 3,392.56 Westmoreland Park bicycle path Wildish Construction $12,894.60 K. A. Wardell 11,807.00 Office Estimate $10,882.00 Award of contracts was recommended to the low bidder on each project. Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Hamel to award contracts to the low bidder on each project. Rollcall vote. Motion carried, all counc il members present voting aye. II - Items acted upon with one motion after discussion of individual items if requested. Previously discussed in committee on September 24 (Present: Council President Murray e and members Keller, Beal, Bradley, Hamel, Haws, and Shirey), October 1 (Present: Mayor Anderson; Council members Murray, Keller, Beal, Williams, Bradley, Hamel, Haws, and Shirey), and October 8, 1975 (Present: Mayor Anderson; Council members Murray, Keller, Williams, Bradley, Hamel, and Haws). Minutes of those meetings appear below in italics. - 10113175 - 9 537 A. MAPAC Reappointment - Manager has been advised that Mrs. Eleanor Mulder's term on MAPAC had expired June 30. She was completing an unexpired term and would be eligible for reappointment. Cowin Mrs. Beal moved seconded by Mrs. Shirey to reappoint Mrs. Mulder 9/24/75 e to a full three-year term on MAPAC. Motion carried unanimously. Approve B. Consideration of Room Tax Allocation Committee Report 1. Photograph~ at Oregon Gallery Comm Mr. Murray moved seconded by Mr. Hamel to approve the recommendation 9/24/75 for $400. Motion carried unanimously. Approve 2. KWAX-FM ($4631 Requested, $2300 Recommended) - Mr. Charles Harris, music director at KWAX, explained the station would like to establish a stereo broadcast facility that would allow broadcasting musical events performed at Beall Concert Hall on the University of Oregon campus. Room tax assistance would provide equipment lines, etc. Oregon Builders Association has granted $1800 to assist in the endeavor and the station is looking to the university for the remainder. Since at the time the request was presented to the Room Tax Committee the station did not have any other source of funding committed, Mr. Haws wondered why the committee recommended funding a portion of the request when one of the guidelines requires that there be additional funding. The staff report indicates that the station is chartered under the U of 0 and is tax exempt. A financial statement has been provided as well as a budget for the project for which the application is made. The applicant has not been funded before but the project can be defined as a cultural facility. The Room Tax Committee felt the station should attempt to secure additional funding and recommended funding assuming they would be able e to do so, since they seemed to meet the remaining guidelines. Mr. Harris explained the station is owned and operated by the University as a non-commercial station and it is affiliated wi th nat iOlla.Z radio. The project would enable the station to broadcast concerts to the entire city of Eugene as opposed to limiting them to the 550-seat auditorium where fJ(.rformances are held. Comm Mrs. Beal moved seconded by Mrs. Shirey to approve the request. 9/24/75 Mr. Keller opposes the request, feeling it does not meet all the intended Approve guidelines. It would seem to be somewhat isolated in that it would serve only owners of FM sets. Mr. Harris countered that the FM station presently has an audience of approximately 56,000. That number would increase significantly if the request goes through. Vote was taken on the motion, which carried, all Council members present voting aye except Mr. Keller and Mr. Hamel voting no. Mrs. Shirey expressed concern with this group being granted monies without matching funds while the Emerald Empire Square Dance Groups were turned down for the same reason. Mr. Bradley moved to reconsider the decision on the square dancers. Mr. Murray ruled Mr. Bradley's motion out of order since a motion to reconsider would have to be made by someone who had voted on the e prevailing side. Mr. Haws expressed interest in having the Room Tax Committee reconsider the Square Dance Groups proposal, particularly in light of the decision made in 10/13/75 - 10 =.~- 538 favor of KWAX, or at least report on what distinctive factors, if any, caused the two differing recommendations. Mr. Murray thought that seemed appropriate and that no motion would be necessary. e Staff agreed to respond to that request. 3. Eugene Gleeman Mr. Keller moved seconded by Mr. Hamel to approve the recommendation. Comm Motion carried unanimously. 1J ~ tJ70 9/24/75 Approve 4. Parks and Recreation - Though most of the requests were tabled by the committee, they had recommended $10,000 for the Bicentennial program upon receipt of more information. There is some' confusion regarding this application so Ernie Drapela, Assistant Parks Director, was asked to review it and focus on some tangible Bicentennial projects. Mr. Drapela prefaced his remarks by saying the idea of Bicentennial involvement was not one originated by the City, but the Parks Department is eager to become involved in various aspects. The time for Bicentennial planning and financing has already passed, and budgets throughout the United States have been adopted. Even the statewide committee is observing an October 15 deadline. Planning has therefore been hasty and vague but seemingly in line w.ith other Parks Department cultural arts activities. A list has been developed amounting to about $38,000 but anyone item could be withdrawn and the total decreased by that much. Vivienne Fendrich, Parks Department summer employee, explained that Parks would like to address three areas of need: 1) Coordinating Body - This function seems necessary as many small groups arc involved in different things and a central clear.ing house \vould streamline the process. Parks would hope to use their b;;lletins for addi honal coverage, They could also serve as a resource to fill e in gaps for any group needing ideas. Possibly financial help could he provided as W<211 to deserving individuals and organizations. 2) Initiation to !Iistor ic Interests - This function ~/ould be gt'ared to tourists coming to the City - the cul tural arts program ties in very t.,e1.1 I'li th thi s type of thing. They would hope to conduct historic t.,alks, pointing out places of interest. There would be a continuing series of parks and mall entertainment, as well as a Childrens Art Festi val, adul ts and seniors festival with revival of pioneer crafts, and possibly drt contests featuring works of note. J) Publicity - There is a need to develop ways of disseminating incoming information to the people. Mr. Murray does not understand the relationship between this proposed involvement and the existing countywide committee. Ms. Fendrich understands the county organization is responsible for countywide coordination, not city. As she understands, their efforts do not include the city. Dave Pompel said the county committee is more involved in coordinating funding efforts rather than looking at particular programs. Manager felt it is the City's responsibility to first check with the Lane County committee to determine what their involvement includes. ' It can then be determined what role the City will play and to what extent. He would suggest holding it in abeyance. Comm Mr. Keller moved seconded by Mrs. Bea1 to hold the request in abeyance 9/24/75 pending information from the County as to the extent of their coordination Approve . efforts and involvement. Motion carried unanimously. Mrs. Beal asked staff to find out how much money the Lane commission has, where it comes from, and what their sources of grants might be. '5~ 10/13/75 - 11 Mr. Hamel requested a financial statement on room tax allocations so that Council might know where they presently stand in granting allocations. C. Proposals for New Civil Infractions Adjudication Procedure . The proposed procedure would decriminalize certain aspects of the city code to provide for effective alternative handling of low order violations. Staff would like indication from the council as to whether it agrees with the concept and, if so, needs policy direction from an appointed committee. Staff feels the proposed method has merit, particularly since the post of the present system is so high. . Examples of some matters that might be included in this new system are building code violations, defective equipment on cars, bike violations in the mall, etc. The City Attorney does not know of any other cities that have taken this approach, though some cities do have traditional hearings officers. Because of charter limitations on the City of Eugene's power, the small claims division has been proposed rather than appointing a hearings official for this kind of activity. Too, a small claims court provides broader territorial powers than the hearings official route. Assistant Manager said he had talked with the state court administrator, who was pleased to hear Eugene is considering the procedure - he is not aware of any other city doing it. Mr. Keller wondered about the Municipal Court backlog. Assistant Manager said the Court is running very smoothly, noting it takes 45-60 days for a case to come to trial as compared to 13 months just 6 months ago. The court itself is current and in a position to look at any process geared to streamlining dealing with old problems. Mr. Keller felt this new process should be pursued and suggested that the committee to look into it should include legal people as well as Council and lay people. Comm Mr. Keller moved seconded by Mr. Hamel to recommend es tabl.i shing a 9/24/75 commi ttee to look into the formulation of a sma..L.: claims court. Approve Mrs. Beal noted reading in the paper that Vancouver, B.C. was instituting a -- process by which citations and civil violations of city law lv-ere handled by a special judge and on an appointment basis - it applied even to traffic violations. Staff would be glad to pursue that avenue but it would take a computer capacity to blend together all parties involved - police, attorney, defendant and court. There are benefits in that type of system, and this new small claims division would be a first step in that direction. Mr. Bradley wondered if the charter could be amended to provide for implementing the Lane County system. Assistant Manager said he does not feel the county has any benefits the city process would not have. Mr. Haws mentioned previous discussions about the possibility of dissolving the Municipal Court and going to District Court. Assistant Manager commented that, when District Court provides the level of service presently afforded by Municipal Court, it would be in the city's best interest to consider that move. That will probably not happen for at least 4 years. Vote was taken on the motion which carried unanimously. D'Consideration of Committee Recommendation to Revoke Downtown Westside Association Charter Ms. Shirey reported that much time has been spent on this project. She would like to see all neighborhoods represented with an association but this one is not functioning according to the organizational policy. In answer to Mr. Bradley, Randi Reinhard explained the Council had instructed the committee to attempt to work out a solution to the problem. It did not stipulate what would happen if that solution were not reached. The matter had first been . placed on the council agenda because of a petition by tenants in the area asking for revocation because the association had not met its objectives. Mr. Bradley wondered if the present charter could be used for any future group 10/13/75 - 12 54-0 in that geographical area. Mr. Murray felt that would be contrary to the neighborhood organizational policy and Ms. Reinhard noted it would be contrary to the way all other neighborhoods have been operating. Mr. Murray said he believes the neighborhood organizational policy includes some stipulations as e to how a charter is developed - public meetings are required, some expressed interest, etc. Mr. Keller ~eels the people of a neighborhood should design their own charter since "a neighborhood is people". Corom Mr. Keller moved seconded by Ms. Shirey to revoke the Downtown Westside 9/24/75 Association charter. Approve Mr. Bob Guldin, 860 Lawrence, expressed appreciation for the efforts of both Mr. Keller and Ms. Shirey. Though much work was put into trying to create a compromise, he agrees that, under the existing conditions, revocation of the charter is in order. Joe Hyland wished to go on record as requesting in writing the reasons why the Council is revoking the charter. He stated there are many half truths and 'fabricated statements being thrown around and he does not feel it is right to take away all input from the association. }.fr. Keller noted the association would have to be notified officially of the Council's action and the reasons for it. He added that some of the ground rules will have to be changed if that neighborhood is to successfully formulate a neighborhood plan. Minnie Schmidt Clqrecd wi tll Nr. Hyland, that it is necessary t.h," t ;: .~~C~. ha t/n 50:-:1e input to the city. As Hr. Hamel pointed out, there are t\vO different groups - commc.'rc.iiJ.l and resJdent.:.al - trying to work together; and he docs not fe,..1 t ii(ctJ should be combined into one association. e In answer to Mr. Bradley's question regarding limiting the group's input to the city, Assistant Manager said they always have the ability to have discussion with the City or participate in the public hearing process and they are free to work on the formulation of a new neighborhood group and come back I"i th a new proposed charter. The City is simply saying that it will not recognize the present association at this point as a neighborhood group. Me. Bradley wondered if it would be better to maintain the present association or have no association at all. City Manager said his personal observation would be that for now perhaps these two groups should represent their interests individually on any issue affecting them before the City Council as they are apparently unable to work together. They still could have input as individual groups. That would seem better than suggesting they must remain together to present their input, since they cannot agree on how the organization should operate and since apparently they will not be adhering to their charter. To start afresh would make more sense. I I Vote was taken on the motion which carried unanimously. I I E. Liquor Licenses I I 1. Change of OWnership - Locker Room (formerly Cracker Barrel) - 211 I Washington (David Dingman and Jerr~ Gardner) The application has been reviewed ~y the city and there are no Objections. Corom e 9/24/75 Mrs. Beal moved seconded by Mr. Hamel to recommend approval. Motion Approve carried unanimously. 10/13/75 - 13 54:1 Comm 2;. Renewal -, Sam's.. Place.- 825 Wilson - RMB - The application has been reviewed 9/24/75 by the city and there are no objections. Appr.ove Mr. Keller moved seconded by Mr. Hamel to recommend approval. Motion - carried unanimously. . . 3. Change of Ownership - Jo's Market" 1976 Roosevelt Boulevard (PS) Approve Staff had no objections. F. Lane County Community Health Advisory Committee Nominees Mrs. Bea1 submitted two nominees: Mrs. Elsie Belknap, 1125 Hilyard, for years chief librarian for nurses training school at Sacred Heart and also active in medical circles though not a physician herself. She is retired and has the time to serve. Dr. Josephine von Hipple, 74 E. 18th, M.D. and doctor of psychiatry. She practices in the City of Eugene. Nr. Bradley submitted one nominee: Edie Anderson, 4240 llill]ard, housewife. Carom Mr. Keller moved ~econded by Mr. Hamel to submit the] names to the 9/24/75 Commissioners For consideration. Motion carr.ied unan_Imou81lj. Approve G.Appeal from Zoning Code Board Decision - Fence at 2080 Churchill Street (Ray Schaaf) Staff recommends referring to the Council Hearing Panel for a public hearing on October AD' Mr. Keller and Nr. Haws are panel members October through December. Nr. Ray Schaaf was present to speak on behalf of keeping the fence. e It was already there when he bought the house and it is affording protection wi tho,ut causing any apparent problems. Ns. Shirey is familiar with the fence and feels it should be referred to the hearing panel. She also feels that panel should view the fence before the hearing. It does not appear to be causing any site problems, she noted. Mr. Keller moved seconded by Mr. Hamel to refer it to the Hearing Comm Panel, calling a hearing for October 20, 1975. Motion carried 10/1/75 unanilTOus1y. Approve Mr. Keller will be out of town on that date and staff will check to see who is next on the list, as a possible substitute for Mr. Keller. HJmprovement Petition - Sanit~ry Sewer 200 feet south of 43rd Avenue from Dillard Road ~o 600 feet east ( 54%) . Corom Mr. Murray moved seconded by Mr. Kelle,t: to approve the peti'tion. 10/1/75 Motion carried unanimously. Approve r,Segregation of Assessments - Tax Lot 3800 ... Rodney C. & Nancy J. Ruhoff (S-75-6) Murray moved seconded by Nr. Keller to approve. Motioh carried Comm Mr. 10/1/75 unanilTOusly. Approve J.Request of American National Red Cross, Lan~ County Chapter, for Endorsemeht of Viet Nam Refugee Resettlement Program e Mr. Lee Pritchard, Manager, Lane County Red Cross, presented a proposal for helping to resettle some of the Viet Nam refugees in this area. They have been doing research on what would be involved in getting these people settled - jobs, etc. If the program is established the Red Cross would be under a subcontract with the International Rescue Committee. They have worked with the Employment 10/13/75 - 14 54-2 Division in determining what types of jobs remain open (or lony p~:r iods :)~. ~ i::;e and have had informal contact with some of those employers. N:. . Pr i tchard s2:..d there az:e approximately 12-15 heads of households who could bi:: [Jro~!ised jobs at this time. Mr. Dan McClurg stated 90% of the heads of houso?hold tvould be e employed prior to their departure from the camps. Housing and sponsorship wOuld be the next needs. Sponsorships would be the primary source of housing on a short-term basis until these people are better established, Other sponsors would also include churches, civic groups and the like. Education would be another great need. Mr. McClurg went on to say that a $390 per student subsidy is provided on the Federal level as a one-shot, one-year program to assist in the resettlement process and its related problems. The culturation process would rely on volunteers at the University, and services hoped to be provided would include such things as assistance on a one-to-one basis with any problems that arise, English instruction, seminars on American customs, big brother-big sister programs, and so on. The Red Cross is asking for Council's sanction of the project. Mr. McClurg added there is debate regarding whether the refugees should have been brought here, but the fact is that they are here, problems are besetting them already, and they need help. Mr. Pritchard said the program is administratively laid out, wi th a budget formulated and a draft agreement drawn up to execute with the International Rescue Conmlittee. The next step would be official approval of the Lane County Red Cross Board. In answer to a question from Mrs. Beal, Mr. McClurg explained that there are some well qualified people among the refugees - for instance, an accountant with 20 years' experience. In answer to a question on number of refugees in Lane County, Mr. McClurg said they presently have a figure of 32 southeast Asian refugees in School District 4-J. They feel there are at least 55-60 in Lane County. The Red Cross is aware that there will be problems but they do have an organized effort that deals with each phase of the resettlement. Governmental e agencies are not being asked for financial support, though the Red Cross would be working with some government offices from time to time, such as Wel fare. They originally had hoped to resettle 100 refugees but have scaled that figure down to about 50. They are figuring the placement program will take about 6 months with concentrated fOllow-up continuing for at least a year after placement. Principal support is being sought from the City of Eugene, though feedback will be encouraged from Springfield and the County as well. Mrs. Beal wondered if though~ had been given to the unemployment ratio in the a rea. Mr. Pritchard said they have given it very strong consideration and have researched where it would cause the least amount of problems. In tha t rega rd , they worked with the employment division to determine jobs that have gone unfilled for a longer period of time. Mrs. Beal, though agreeing it is a responsibility of the U.S. Government and cities to provide jobs if these refugees are brought to the communities, is troubled with the possibility of depriving those who are already unemployed and who I"ould be willinq to take any kind of job. Mr. Pritchard agreed that it was a major concern and they scaled down the number of refugees they wished to resettle primarily because of the job situation. Mr. Keller feels the program is a very fine one from a humanitarian standpoint; there is probably some obligation on the communities as well. However, it would seem very difficult for him to endorse a program that might take a job away from someone already living in ,the area who has been unemployed. He also sees social services as another critical area. There have been cutbacks in tha t program and to enlarge it without additional funding would deem it rather inadequate. Mr. McCl urg responded by saying .i t is their hope to make productive taxpayers out of these people. They do no t {eel they ~vill experience a tr-emendous e failure rate. They feel there is il high potential for keeping these people off of the Welfare roles and developing /Jseful citizens who can make a contribution to thE.' community. 10/13/75 - 15 54-3 - Mayor Anderson, though feeling the existence of these refugees in this country is a great tragedy, stated that it is a fact these people ~i1l be here and will be a problem until they are resettled. If left in refugee camps, social ills can occur in greater numbers and depth than anywhere else. fIe noted that many . Cuban refugees have made great contributions to our country and that, whether it is a popular decision or not, the City should accept the responsibility and do what it can to alleviate a potentially critical problem. He would feel that any Council action could be treated as individual Council people expressing a reflection of their personal sentiment. To attempt to secure a council endorsement as a body might be going a step beyond what the individual members would like to see happen. Mr. Murray concurred with Mayor Anderson, feeling this is an opportunity to .bring people in with at least some financial and organizational resources behind them, provide employment and allow them to make a contribution to the community. Mr. Murray move~and it was seconded to endorse, as individual council Comm 10/1/75 members expressing their personal sentiment, the Viet Nam refugee Approve resettlement program. Motion carried, all Council members present voting aye except Mrs. Beal abstaining. Councilman Keller and Councilwoman Bea1 asked that the record show they abstained from voting on this item. K. Continuation of Discussion on Hearings Official for Zoning Code Amendments The Planning Department and City Attorney's office drafted two proposals incorporating the Council's concern. A memo outlining those proposals was distributed with the agenda. The memo also pointed out disadvantages if the Council were to favor a hearings committee consisting of two Council and two Planning Comrr.dssion members. Mr. Haws questioned one of those disadvantages, wondering why, after hearing, an appeal would have to go directly to the court. e Jim Saul, Planner, advised that, since two council members would be involved at the hearing level, they would be precluded from hearing qn appeal if that appeal were to go to the City Council. As City Attorney Stan Long further explained, it would be curious for people to sit in judgment of their own appeal. Problems could arise with respect to who had which information if two council members participated and then participated again. . Mrs. Beal thought the suggestion to have a hearings official was made to free the council from having to listen to the entire workout. Mr. Murray questioned the appointive authority, and Mr. Long explained that the original state hearings official law provided that council could select a hearings official. That was changed in the last legislature because it conflicted with several city charters, including Eugene's. A group of city attorneys helped draft an amendment which broadened the latitude available to cities. Eugene's charter states that all city employees are appointed by the City Manager and a hearings official would be a city employee. If the Council does desire appointive power, one possibility would be that something could be explored along the lines of creating a position under the framework of the municipal court, since one position the Council does appoint is MuniciPal Judge. Mr. Murray feels that, since Council is designated in the charter as the policy making body, appointive authority is an important question. Mr. Williams cannot see the proposal of having a hearings official as being a real grant of authority as long as Council has the right of revie:v. Too, e as regards Fasano, a zone change is an administrative function that should be made on the basis of submitting testimony and not what would be generally viewed as a political decision. 10/13/75 - 16 5~ . . Mi. Bradley; on the other hand; feels it takes a judgmental .decjs.ion on what public nee.d is and whether an area should be high density.or not. If the decision is 4elegated, Council should retain the right to a,compli2te evid'enci~ry review. e Mr. Murray noted' that, as the commun~ty becomes larger and nvre'.demands are made on Council members' time, some of their responsibili ties 'are shuffled off which seems out of character with the w~y it was originally intended. It might not b~.wise to have no involvement in the appointi~e process. Mrs. Beal questioned the Planning Comniission's role, 'and Mr. Saul noted the Commission and staff would act as before. The Planning Commission would take a position on matters before they would go toa hearings official. They would have a .right of appeal if they disagree with the hearings official decision. Planning staff will still prepare staff notes, etc. Mr. Keller favors the hearings official proposal as long as Council has right of review. It makes sense to have a legally trained person who would not be poli tically invol ved. Mr. Williams feels it is appropriate to vest the apppintment authority in the City Manager. It would not seem logical to him to separate out this one appointive authority if appointment for other jobs having policy connotations are not separated out as well. Mr. Murray nvved seconded by Mrs. Beal to conceptually approve Comm Proposal No.1, as outlined by the Planning Dept. and City Attorney. 10/1/75 Motion carried, all Council members present voting aye. except Mr. Haws Approve and Mr. Bradley voting no. Mr. Murray suggested that the development of that proposal should include that the appointive authority rest with Council. The City Attorney will prepare a preliminary menv as to what proposals would be open in that regard. e L.Budget COmnUttee Appointment - Mr. Williams submitted, as a recommendation for appointment to the Budget Committee, Richard L. Hansen, .2744 Tomahawk Lane. Mr. Hansen is currently Vice-President of the Willakellzie Neighborhood Association. He mentioned Dr. Johnston could not be H~appointed because he is no longer in Mr. Williams' ward. Comm It was rrPved and seconded to confirm Nr. Hansen's appu,i n tm2r. t to 10/8/75 the Budget Committee.Motion carried ~nanimously. Approve M. Endorsement of Earl y Action on ConlJrpssior;.~;' !J:lf;:-;.: ; .. ) ~ .. - /..:r. U'-:: Sharing -_.. ..- -.. .".- .,-.. ...----.--- Manager advised that ICMA, .'ILC and TJO(: ha."" ,J.!..' '-, . ,. .' ',' ", -';/ '-", "-, about whether COhgress wi 11 pass the G(!r/('~',:I i Rc~t': 'r!:~t." ..;";/d,r'.. ,....: :.." :? December 31. If they do not, there loll U he d 6 -. :1'.'.' iJ {I; 1 .171"_.'." .:' .~ ;',J .. ..' '377 I,rhen revenUe sharing will be discontinued. T! 1 (;\ rc _i '3 ',j ,"!t',,!!r. ,I'~) j ....:-e: '":;':' t. .; i -_"J :~ it COUld be continued for tha t 6-mont.fJ p.~ri(Jll, 7..!" ;';'I):~ J.:-:'~...3>; Z...a::.S'r::,:'; ~)n j t retroa.ctively after they reconvene; }jut. this v/Oulii I.:,:! '.1':,-, ;'1:..':1t. inconvenience and serious funding prdb1cms fOl m-=i.JJ'} C i. t' ;~:5 du{~' to the , . six rrPnths' discontinuity. Mr. Murray moved seconded by Mr '. Keller that Council go C?n Corom . record as recommending retroactive passage of revenue sharing 10/8/75 money to. provide continui ty for the 6-month per iod in ques bOJJ, Approve and that Council transmit a communication to .that cffc;...t. Notion e, carried unanimously. N. Bicentennial Grant Application - A grant app1jcat i ,-~n has i',,,en "')/ilplrctcd by .- the. Historic Review Board. requesting $ 565.00 frei/,'! [1;.., ,ii:U: .ot. (i." ~'~\gon , to match the City's contribution. The. pr6posa 1 :"(,',, I rf--- :'",-Ii ;.;.. t.,: ;:~ Clf:;rtc<Zn[Jmcnt of walking tours, wi th emphasis on his.tori c 5 t.!.;,!c.' .ju'c; . Fe ~'.:::.111 i. f]. ..j rJ,.": j ude the development of bulletins to be distributed ~ppr~grld'~l: ~./ ~ ': -' . .~~~ , 10113(75 - 17 'fi..?1r~~ Mr. Murray moved seconded .by Mr. Keller to endorse the Comm application~ Motion carried unanimously. 10/8/75 Approve O. Zoning Appeal (Howell, Smi th and Brown), - Recommend hearing date be set on this appeal. e . Mr. Murray moved seconded by Mr. Keller to. set. a public hearing for October 27. Mr. Haws pointed out that the appellant did nots,tate any details'relating to the basis of the appeal on the appeal form. He requested they submit additional facts far enough in advance of the public hearing to enable the Council to read it prior to the hearing. There was agreement that the ~terial should be submitted by Wednesday before that Monday night public hearing. Vote was taken on the motion which carried unanimously. P. Recommendations of HCDC Pertaining to Pending Congressional Action on Tax Exemptions The Housing and Community Development COnmUssion has requested Council to communicate with Congressional representatives on problems created by recent, actions being considered by the Ways and Means Committee on tax shelters as affecting real estate. If passed, some other subsidies will be necessary in connection with private development of multi-family units. It would have a very serious effect on builders in the construction of new multi-family dwellings. Ms. Betty Niven has researched it and out of the HCDC meeting came a recommendation to the City Council that the Housing and Community Development Commission go on record asking the Congress of the united States not to repeal certain tax exemptions which aid in the production of multi-family housing without giving equal consideration to the impact of such a repeal on the supply of housing for lower income households. Because of this impact, federal income tax revenue cannot be e the only consideration; any pb1icy or procedure which will negatively influence the production of housing should have, as part of its structure, alternate plans that will satisfy the needs of middle and lower income households for housing. The motion included a request to the City Council to transmit this recommendation to the Congress. Mr. Williams spoke in favor of the proposed recommendation, particularly as it affects the local lumber industry and as an efficient method for subsidizing housing production. Mr. Murray commented that the BCDC is not intending to say they view tax shelters as necessarily the most appropriate method but it is all there Comm is at present. 10/8/75 Approve: Mr. Williams moved seconded by Mr. Murray to transmit the recom~endation in the form of a letter under the name of the Eugene city Council, Ivith such revisions as they deem necessary and appropriate. No t ion carried unanimoilsl y. Q.Review of Mall Guidelines and Committee Report - Mr. !1aurie Jacobs reported tha:; the committee had come up with what they felt ~vas a '.'eltj work'Clble soluhoi2, us,ing caution regarding the dollar factor. Parks'Direc.tor explained that it t.'as the comndttee's aim to develop an attractively designed facility on the r:al1 to be used for commercial purposes, that it be used on a temporary bas is- '-' t f,irst I with review as the project goes along. The design has not as yet been resol ved - ERA will be consul ted so that they might review the design to .insu!'e it will be aesthetically acceptable to downtown. Mayor Anderson wondered if discussion had been held on allowing present e businesses to be able to ext~nd their ser~ices and wares into the mall. Mr. Jacobs noted that was discussed, with no feedback as yet as to the extent of 10/13/75 - 18 54-10 ~ interest in doing that. One should act as a catalyst to the other, he felt. Mr. Bradley questioned authorizing Parks, the Mall Manager and an EDA representative to issue the commercial activity permits. He was advised that it was a way of expediting the system as there could be volumes of permits. There would still e be an appeal provision to the Coun9,il if a permit is denied. .:i:_;~ Camm Mr. Hamel moved seconded by Mr. Keller that Council accept the Mall 10/8/75 Guidelines Comrndttee status report. Motion carried unanimously. Approve R. Review of Wa ter Service Extension Pol i cy - This matter was brought to the Council's attention some weeks ago and questions raised about city policy. The Assistant Planning Director has compiled a report outlining the process and existing written guidelines, as well as some of the problems involved. He has suggested some changes in the wording of that policy to tighten up the language, though no substantive changes have been made. Mr. Williams referred to a paragraph in the Assistant Planning Director's memo which states in part that "The City Council recognizes that normally the extension of water service outside the corporate limdts of the City of Eugene and water districts presented serviced by the Eugene Water and Electric Board is not in the public interest. " He . . . would suggest changing that wording to read, " . serviced by the Eugene Water . . and Electric Bqard may not normally be in the public interest. " . . . Mr. Haws asked what happens when a contract for water service outside the city expires. Assistant Planning Director explained that there is no time limit. If the people contracting meet all the criteria, an agreement is signed saying that water service will be provided until such time as annexation occurs, at which time the owner will cooperate with the city in that effort. Kimber Johnson of EWEB stated that they have reviewed the new wording and that e the water board has no objections to it. . Sally Weston, 2595 Highland Drive, League of Women Voters, is concerned about the definition of "existing health hazard" since the County does not require the availability of water as a condition for issuing a building permit. She wondered if it would behoove the city to urge the County to institute that requirement. Assistant Planning Director said that was a point well taken by the League. The interpretation at present is that a hazard is something such as arsenic in the water. He would welcome a more complete definition if the Council would like to request the County to offer such a definition. It would seem to be a related issue but not necessary to resolve in order to adopt the rewording. Mrs. Weston asked if the City has authority to decide whether Eugene Water and Electric Board can allow the Willamette Water Company to have more water. Kimber Johnson stated the Boundary Commission has the authority from the state to determine that water company's boundaries. The City has input but no control over those boundary decisions. EvlEB has the responsibility and authority to change the contract if there are chilnges .in the bound.:lr ies. The E3oLind.:J.ry Commission will decide whether or not a structure is to be served by the Willamette Water Company and the company would then have thl; ability to develop its own water source. As further explanation on the issue of not requiring a water supply in order 'to obtain a building permit, Asst. Manager said people may exchange land not necessarily for purposes requiring water. They ~y later decide to build e on the property. At that point the County simply does not require potable water on the site, though they do require the sewers. 10/1:1/75 - 19 54-7 In answer to a question from Mr. Bradley, it Wi:lS explained that the Boundary Commission only can act on the request of the city, and any request outside the. city limits requires a resolution of the Council. Kimber Johnson said the EWEB board has adopted a policy of accepting Council's recommendation. It would e apply to the Willamette Water Company as well if located within the urban service area. Glen Stadler from EWEB referred to H.B. 2053 stating tentative plans for extra territorial extension shall be submitted to the Boundary commission having jurisdiction of the territory. If all disprove the plans, no further action may be taken. Without Boundary Commission approval, a city or district in the Commission's jurisdiction shall not extend water or sewer lines to an extent not affected by previous law. In answer to a question, Asst. Manager explained there would be difficulties with not recommending any extensions under any circumstances. There are water service districts around the boundary that have contracted with EWEB. Also, if refused, the area would turn around and create its own water resource which would increase costs if and when annexed, because of duplicate plants, etc. Comm It was moved and seconded to reaffirm the water extension policy and 10/8/75 adopt the rewording as recommended. Motion carried unanimously. Approve Mr. Murray moved seconded by Mr. Keller that Council instruct staff to pursue with the County Health and Sanitation Board the question of a definition for the term "heal th hazard". Motion carried unanimously. Mr. Murray'suggested that staff closely observe the County's progress in working on the reassessment of permi t policies. 5. Action on Resolution on EDA Grant Application - The Cit,! :us n'::.cnt1:j been e notified that money would be available, under Title X, to _ur''-'J"v'id':.:\ i.--'''~)~''.~~~ for Corom jobs to work on various city projects, such as drainage Chanllt21 nkJ LtiC-2nance. 10/8/75 It would provide opportunity for 20 additional laborers. 'Fh,.' rcsol ut ion ;vi21 Approve be on the agenda of the October 13 Council meeting. T. Action on Resolution on Sewage Plant Grant Application - This .resolution .viI1 be on the Council agenda of October 13. It would authorize the City Manager to Corom I sign all applications and documents relating to sewage work planning and 10/8/75 construction grants under the Environmental Protectio~ Agency grant program. Approve O. Council Minutes - May 27, June 9 and 231 July 2~ 1975 as circulated Approve V. Playground Equipment on Mail - Mr~ Murray has been advised that some of the, Corom playground equipment on the Mall is in disorder, particularly in front of 9/24/75 the Bon Marche. Staff will look into it. File w.Status of Growth Study - Mr. Murray would lik~ information as to where the City of Sprihgfield and Lane County presentl~ stand with respect to the Corom growth study. Manager advised the budget co~ittee of Springfield has not 9/24/75 met on it as yet. Both Springfield an~ the County will be contacted by File staff. X.Consideration of Policies and Regulations Relating to Building Permit Issuance and Street Improvements 9/2~. A preliminary report has been distributed to Council. Since the Public Works Director is out of town at a conference, it w~s suggested that discussion on the above matter await his return and the devslopment of further information. File 10/13/75 - 20 54~ Y. Mayor Anderson Returns from Japan - Mayor Anderson, back from.d trip to Japan, noticed a headline ill the .Japan Times which said, "Best U.S. C i ties to Li ve" , talking about the fact that Eugene was the leader in.a recent livabi1.ity survey. He also said he had met some students.who, as a prelude to doing graduate Comm e studies, had traveled around the United States in a bus this pust summer. 10/1/75 When asked which city they felt was the nicest, they answered, "a little city File in Oregon called Eugene". Z. Budget Committee Appointments - Mayor Anderson reminded Mr. Williams and Mr. Comm Hamel that they should each make luy appointments to the Budget Committee, 10/1/75 as their present representatives' terms expire December 1. File M. Bike Path on 5th Street - Mr. Hamel referred to the planned bike lanes on both sides of 5th Street and the problems that would be created for businesses Comm wi th the removal of park.ing from the south side of the street. Though his 10/1/75 business is on the north side, he feels that it would be better to remove File parking from the north side (the jail is also on the north side). He asked that staff further study the issue and report back. BB. Raising Building Fees on Land Use Matters - Mr. Bradley said that Mr. Bob Corom Freeman had contacted him regarding raising building fees on land use matters. 10/1/75 He would like staff to report back on that matter. File CC. Women's Commission Update - Mr. Murray reported that the Women's Task Force Comm has concluded its work and their results will be presented to Council as soon 10/1/75 as the attorney has completed his redraft. File DD. Ferry Street Bridge Guard Rails - Mr. Murray mentioned that the guard rails on the sides of the Ferry Street Bridge, between the traffic lanes and the Comm sidewalk, do not cover the full length of the bridge. There are no rails at 10/1/75 each end. He would like. staff to check into it since it seems hazardous for File e bikers and pedestrians. EE. Sexual Assault in Rest Home - Mr. Williams has been informed that an B3-year old lady was raped last weekend in a rest home. He was asked to convey deep appreciation for the prompt response and assistance by the Eugene Police Department, particularly Sgt. Wayne Irwin. In this regard, Mr. Williams would Comm like some report from the Police Department regarding types of crime going on 10/1/75 every day, with particular emphasis on violent crime, and giving recommendations File for actions that could be taken to deal with some of the problems. Councilman Haws wondered just how comprehensive the report requested in committee from the police department would be. He said he would like to know just exactly what is going on. Manager replied that staff is now deteloping a system for reporting to the Council on a monthly basis. Details have not yet been worked out but in general it is hoped to show statistics on criminal activities me4sured perhaps against previous years which would provide a feel for the types of questions being raised. Mr. Haws asked if the reporting would be limited to statistics or if it would also recom- mend improvements for better police protection. Manager said that was a much broader question. The reportihg system would be 4 guide and source of evidence to get at problems, indicating strategy and procedures for meeting certain problems. That is, whether dis- cussipn would center on burglary, shoplifting, etc. He thought it would generate sug- gestions fro~ Council members and perhaps more discussion. Councilman Williams said he was not asking for data particularly, but for an analysis of data and basically what others might be thinking. - e FF. Repo.lc on Mall Guidelines - Ms. Shirey spoke about the mall guidelines report Comm distributed at an earlier meeting by Mr. Maurie Jacobs. There needs to be 10/1/75 a council discussion on that report ~nd she would like it on the next File CoffinUttee meeting agenda. 54'7 10/13/75 - 21 I GG. International Conference on Limits to Growth - Ms. Bea] mentioned a conference Corom on limit!! togrowth tCJbe held OctoberI9-2l in Texas, teelingit would be 10/1/75 an exciting conference wi th people of tremendous reputat.ion in attendance. File She feels Council should authorize attendance by some of the Planning Commission and possibly some of the Planning staff. Planning Director -- informed Mrs. Beal that Howard Bonnett of the planning Commission is planning to attend. HH.Introduction of Intern in City Manager's Office - Acting City Manager Corom introduced Rick Ewoniuk who will be in the Manager's office all of Fall 10/1/75 Term as an intern; he will be working in part on the charter revision. File II. Council Attendance At Joint Meeting October 2 - In polling the Council for attendance at a joint meeting of Eugene, Springfield, the County and Corom Planning COpmllssion on ESATS on October 2, Mr. Keller and Mr. Hamel were 10/1/75 the only two who could not be present. File JJ. Senior Citizens as Council Assistants - Mr. Bradley wondered what staff's Corom position would be on using senior citizens as assistants. Mr.. Murray did not think that should be a staff question but rather a matter of individual 10/1/75 judgment. Mr. Bradley felt staff might see it as causing more inconvenience. File Acting City Manager answered that the only question would be insurance coverage. KK.Introduction of Senior Citizen Volunteers - t-!L'. Nurra1J in tl'oduced t~lO senior citizens who will be working for him on a volunteer b<.!sis. They are: Jack Comm Weiss, 750 E. 36th, #3, Eugepe, and Lucille Trine, Rt. 2, Eo x 383 A -1 , Eugene. 10/8/75 File LL.Nation's Cities Article Re: Budgets - Mr. Murray distributed to Council members an article appearing in Nation's Cities about budgets, referring to the City of Phoenix. Manager had talked to tile Manager of that city who CO_ explained that a proposal of the Mayor provided that var,ious council members were assigned to audit but not to participate in discussions of certain ,10/8/75 departments during the initial formulation of their budgets. The general File objective of the process was to give the council members solid grounding as to what would appear in the budgets of the various departments. MM. Budget Process Update - Mr. Murray asked for a progress report on the budget process update, as proposed in a report by Mr. Keller and Mr. Murray. Manager explained staff has held discussions on the report and will be working on Corom it during their two-day work session at Cedarwood next week. lie would hope 10/8/75 to have results to report at November 1 workshop. File NN.Citizen Participation Appointments - Mr. Murray requested a progress report on previously discussed citizen participation appointments. Manager explained Corom City Attorney's office has been asked to rework the council procedures (by-laws) 10/8/75 to be in line with the proposal made at an earlier Committee meeting. **See p.23 File OO.Tree Cutting Preservation - Mr. .Murray re9uested an update on the tree cutting ordinance. Manager informed him there is a major tree cutting complaint being Comm handled at present. Parks Department Dir~ctor Ed Smith advised research has 10/8/75 been c6mpleted and a model ordinance drafted. It is ready to submi t to the File Joint Parks COmnUttee. PP. 46th and Willamette Pedestrian Hazard - ~r. Bradley requested a status report on the pedestrian hazard at 46th and Willamette and the petition from residents CO_. of the area. Manager reported a few doz~n letters have been received from area residents, in addi tion to the peti tion . Nost r8cently a request was 10/8/75 received for a pedestrian bridge over th~ street. At thi;-: request of the File citizens in the area, the matter will be placed on thf" Commi t tee agenda for the first week in November. . 10/13/75 - 22 -5501. . . QQ. Mall Playground Equipment Status Report - ?i1rk:, [lJPc.1} t. ",.: i:.'~):. ::" i:;:,j': bolting loosens up on some of the mall playqfound equ-:',)i-:?'-"i!', ".-' :.'....L::.; .~ (.' I :' i ahtened Comm ,/( ." from, time to time. The equipment in ques t i.-x) h,.<; h " ' , .~, _. ::~: ! !'. ;.1.... .. 10/8/75 , File '.: RR. Hearings Panel Substitution for October 20, 1975 - MI'. Hd~'/S request.cd that ./ the hearing panel be held at 6:30 p.m., so that he might be ablc to Comm attend the joint meeting on ESATS at 7:30. Mrs. Beal ~ill be ~cnt~ctQd 10/8/75 as a substitute for Mr. Keller, who will be unable to attend' the hear:ing File panel meeting that night. 55. League of Oregon Cities Committee Appointments: Lester Anderson, Community Comm Development; Neil Murray, Environmental Quality; Wickes Beal, Public Safety.. 10/8/75 Manager advised that, in addition to the aforemenboJJcdappo.intments, he has . File been appointed to the Resolutions Committee and the Revenue Committee. TT. Status of Fifth Street Bicycle Lane Projects - A letter was distr,ibuted to Council members from Tillman and Booth, 'in which that firm requested that Comm the bicycle lanes be established on Fourth Street or, as a second alternative, 10/8/75 that they be placed on Fifth but that no parking be rerroved from e1 ther side File of. the street. Public Works has sent letters notifying the abutting property owners of the proposed installation and asking for thAircomments. Both sides of th~ street will be polled regarding the bike path. Mr. Han~l commented that 4th Street would seem ideal for the bike lanes - there are no parking problems on that street.. Public Works Director explained that thGbike' path on both sides of Fifth Street is according to the Master Bike PlcJn. The issue in this case is simply from which side of the street the parking should b~ re1l'Oved. The original proposal was to remove parking from the south side. Individual property owners will be polled in order to dF r.i 'TO a t a consensus. If there is a desire to review the Master Bikeway Plan to poss,ibly change ~e locations of some proposed bike paths, that sho!ild hf:'a ::;epar:ate action which could be taken up with the Bicycle Commission. UU. Project for Senior Citizen Assignments in Staff P0.~i!.~on.,,- - NcJnaqe.r explained a project is !lnderway which is separate from tho pf:OI/rdlfi to ,IS3.L<j.'T senior comm citizens as Council assistants. Six or seven posi t ions a r-~ being d(~veloped 10/8/7'5 whereby senior citizens will be utilized to work with staff. Ttis hoped File that useful purposes will be served, both from the SL1/!dpo.int of tl10 volunteer and from the standpoint of the staff. ** Item NN, p.22 - In response to Councilman Bradley's inquiry as to whether the policy had been adopted yet, Manager said it was awaiting revised Council bylaws and would be discussed in the next week or two. Mr. Keller moved second by Mr. Williams to approve and file as noted Items A through UU. Rollcall vote. Motion carried, all Council members present voting aye; except Mr. Williams and Mrs. Beal abstaining on Item J-Viet Nam Refugees. III - Ordinances Council Bill No. 943 - Construction ot sanitary sewer in area between 43rd Avenue and 500 feet south of 43rd Avenue and between Dillard Road and 700 feet east of Dil1ar Road (1212) was read by council bill number and title only, there being,no'.,.counci1 member ptesent requesting that it be read, in full. :.' Mr. Kelle;~~6ved seco~d ~Y-Mr. Hamel that the bill be read the se(:ond time by ~ounci1 bill. number only ,wi th unanimous, consent of the Council, and that enactme~t be consld~red. at thIS time. Motion carried unanimously and the bill was read the second tlffie by counCIl bIll number only. :~~ .~:. ~C~'. 10/13/75 - 23 ~..~--.,-.,.., '255 F:'.) :-.,.- ..... . 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 Il-A:;.6 and numbered 17461. Council Bill No. 944 - Adopting plans and specifications for construction of - sanitary sewer in area between 43rd Avenue and 500 feet south of 43rd Avenue and between Dillard Road and 700 feet east of Dillard Road 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 Mr. Hamel 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. 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 17462. IV - Resolutions Resolution No. 2448-Reaffirming water service extension policy as reworded was read by number and title Manager said the resolution included a better definition of health hazard. He read the definition as reworded. Mr. Keller moved second by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2449 - Guaranteeing successful completion of Economic Development e Act project for maintenance and drainage facilities was read by number and title. Mr. Keller moved second by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2450 - Authorizing Charles T. Henry, city manager, to sign for city on all applications relating to sewage work projects grants was read by number and title. Mr. Keller moved second by Mr. Williams to adopt the resolution. Rollcall vote. Motion carried, all council members present.voting aye. Resolution No. 2451 - Authorizing payment of bills, claims, and progress payments for period September 22 through October 13, 1975 was read by number artd title. Mr. Keller moved second by Mr. Williams to ado~t the resolution. Rollcall vote. Motion carried, all council members present voting aye. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, Octdber 27, 1975. ~ )~ e Charles T. Henry City Manager 10/13/75 - 24 552