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HomeMy WebLinkAbout05/24/1976 Meeting . I-A-l .. - M I NUT E S EUGENE CITY COUNCIL May 24,1976 Adjourned meeting - from May 10, 1976 - of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on May 24, 1976 in the Council Chamber with the following Council members present: Eric Haws, Wickes Bea1, Neil Murray, Ray Bradley (arrived later), D. W. Harne1, and Edna Shirey. Council members absent were Gus Keller and Tom Williams. Manager announced postponement, due to the "inclement" weather, of the concert planned by the Eugene Wind Ensemble to take place in the City Hall courtyard prior to this Council meeting. The Ensemble will perform instead on the downtown mall on June Sat 1:00 p.m.; in the Atrium build- ing at 11th and Olive should the weather continue its present pattern. I - Public Hearings A. Appeal from Planning Commission decision granting preliminary approval for Parkway PUD, 23rd and Wi1larnette (Morgan)(PD 75-8) Parkway PUD - Council has received copy of May 4 HCDC official report which supports use of $60,000 of revenue sharing funds for this single-parent development. Manager announced that the developer has withdrawn his proposal for the project as of May 17, for financial reasons and because of the controversial nature of the project. Mrs. Niven, Joint Housing Comndttee, asked for Council direction on whether it wished the funds to be held in reserve for the sallE type of housing assistance. Carl Applebaum, 68 W. 25th, read a statement on behalf of the Friendly Area Neighbors, the WOllEn's Comndssion and other individuals in opposition to the project. They do not consider the developer's withdrawal to be a victory, he said. They wish to generate other proposals to aid in the implementation of a sinrilar housing project so that the urgent needs can be met for livable housing for single parents. They regret the necessity to oppose the project but did so because of glaring deficiencies. They urge all interested to unite in future efforts. Mr~. ~hirey would like to see the funds reserved for a project of the same typ.]. Mr. Murray concurred and is also convinced there were concerns raised that were valid. Instead of continuing one force against the other, he would hope all parties could COllE together and work constructively, realizing the funds arelimi ted. Mr. Williams commented that the Joint Housing Comndttee looked very hard and long at a decent possible project and thought they had arrived at one. He is not sure that one is creatible that will satisfy everyone's requirements at the moment. Mrs. Niven commented that th~ only realistic way to have child care facilities is to have large concentrations of people. The Comnd ttee is willing to work with anyone bringing proposals which might be economically feasible. ~~~ 5/24/76 - 1 Mrs. Shirey moved seconded by Mr. Hamel to request the Joint Housing Committee to reserve the funds for a single-parent project. Mr. Williams questioned reserving funds when proposals for other types of housing may be presented. With consent of the second, Mrs. Shirey changed the motion to include a time limi t of six months. Vote was taken on the motion as changed which carried, Mr. Hamel, Mr. Murray, Mrs. Shirey and Mrs. Beal voting aye and Mr._Williams voting no. Manager noted that the applicant, Wes Morgan, had withdrawn his proposal for this project (see committee minutes above), hence the public hearing was terminated. Comm 5/19/76 Put Hrng . e '-" Item H Approve Consent Ca1 endar (p . 17) B. Vacation of West 2nd Avenue from Jefferson to Madison (Jongeward/Howard)(SV 74-7) Manager noted that negotiations had resolved the value of the land to be vacated to the satisfaction of both the property owner and the city. Public hearing was held with no testimony presented. Council Bill No. 760 - Vacating West 2nd Avenue from Jefferson Street to Madison Street, read the first time on March 24,1975 and held pending negotiation on value of land to be vacated, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws 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 17631. C. Liquor Licenses 1. New - L'Auberge du Vieu Moulin, 770 West 6th Avenue (R-Restaurant) e '-, New Outlet - L' Auberge du Vieu Moulin, 770 W. 6th, R, Joseph and Mika Fjelstad.. Mr. Murray moved seconded by Mr. Hamel to call a hearing on the application for May 24. Motion carried unanimously. Comm 5/19/76 Pub Hrng Manager explained that an old house was being remodeled to accommodate this establishment, which will specialize in French cuisine and be open from 11:00 a.m. to 11:00 p.m. OLCe report indicated that of those interviewed in the neighborhood there were three objecting to the application, 16 nonobjectors. Staff had no objections. Public hearing was held with no testimony presented. Mr. Haws moved second by Mr. Hamel to recommend approval. Motion carried unanimously. 2. Change of Location - Edelweiss Wine Chalet, Atrium at 10th and Olive (PS-Package Store) - Ted M. and Elizabeth Rogane Change of Location - Edelweiss Wine Chalet, Atrium Building, lath and Olive (formerly 34 E. lath), PS, Ted M. and Elizabeth Roga'ne. Mr. Murray moved seconded by Mr. Hamel to call a hearing for May 24. Motion carried unanimously. 5/24/76 - 2 ~~3 I-A-2 . Comm ~ 5/19/76 Pub Hrng - I-A-3 e I-A-4 I-A-5 e I-A-6 Staff has no objections. OLCC report listed no objectors among those interviewed in the Atrium building. Public hearing was held with no testimony presented. Mr. Haws moved second by Mr. Hamel to recommend approval of the application. Motion carried unanimously. D. Appeal from Building/Housing Code Board of Appeals grant of variances for property at 2164 Floral Hill Drive (Pembroke) Appeal submitted by Robert W. Morris, 2280 Floral Hill Drive, et al. Manager explained that the property had changed ownership since filing of the appeal by Robert W. Morris and other neighbors. The new owner is Terry Gross, he said. Mick Nolte, superintendent of building inspection, described the property, two small separate buildings owned by Mrs. Eileen Pembroke who requested variance on ceiling height and doorway clearances in the smaller of the two buildings. The Housing/Building Board granted the variance (April 21) on the condition that other deficiencies in the building were corrected. On May 12, he continued, housing inspection of the larger dwelling revealed several housing code defi- ciencies. Since that time, the new property owner has been in contact with the building and legal staffs. Mr. Nolte stated staff's position that enforcement of the building and housing codes was not at issue at this time; that would proceed as appropriate as an administrative matter. If no variance is granted, the build- ings will have to be brought to code standards. The new owner is trying to comply, he said, and should he fail to act in a reasonable period of time, staff will pro- ceed with abatement action. Stan Long, assistant city attorney, explained that although this hearing did not come under Fasano regulations, the burden of proof would be upon the appellants. Manager commented that the administration and neighbors were hoping that the buildings were either repaired promptly or eliminated. Public hearing was opened. Dennis Vettres, 2155 Floral Hill Drive, one of the appellants, said that when the variances were granted it appeared economically unfeasible to repair the build- ing to meet code requirements. He thought the smaller building should be removed, then the larger dwelling could be repaired, using the money that would have gond into the smaller building. He asked that the appeal be upheld. Terr: Gross, Lowell, Oregon, new owner of the property, explained that he had bought the property as an investment, planning to repair the buildings for rental income to make payments on the property until a new building could be built. He was satisfied he could repair the buildings without economic hardship if the variances were granted. Without the variances, costly repairs would be involved - raising ceiling heights, doorways, etc. Proposed repairs, he said, would bring the building to code requirements. He noted a petition he had circulated among neighbors and submitted to the manager's office in favor of the proposed rehabili- tation, including the deficiencies for which the variances had been granted by the Board of Appeals. He urged the Council to uphold the Board's decision to permit work to go ahead that would provide additional housing in the area. Councilman Bradley entered the meeting. Alan Scott, attorney, 101 East Broadway, retained by Mr. Gross, cited the number of variances granted by the Board on other projects in the past, and said that &6"1 5/24/76 - 3 basically the ones requested would permit lower ceiling and door heights than required by code. He stated Mr. Gross' intention of maintaining the building in a habitable condition that would be a credit to the city. An unidentified young lady, 2068Yz Garden Avenue, stated her belief that the ceiling tIJ. and door heights as ~roposed would be adequate and would not detract from the dwell- I-A-7 as a good place to llve. Public hearing was closed, there being no further testimony presented. Mr. Haws moved second by Mr. Hamel to deny the appeal and uphold the decision of the Building/Housing Code Board of Appeals to grant the variances as requested. Councilwoman Shirey asked whether a health hazard was involved. Mick Nolte, super- intendent of building inspection, answered that the question of health hazard could be addressed in rehabilitating the building in line with code requirements. Councilman Haws, stating that the only issues apparently were ceiling and door heights, felt the appellant had not met the burden of proof. Councilman Murray concurred and sai~ he felt there was not substantial reason to deny the variances, all that was necessary was that the dwelling be safe and inhabitable in other ways. Vote was taken on the motion as stated. Motion carried, all Council members present voting aye, except Councilman Bradley abstaining. E. Panhandle Lot Policy Panhandle Lot Policy - Copies of pro[XJsed revision of policy statement were previously", distributed and some Council members viewed examples of panhandle lots on tour. Jim ~ Saul, planner, explained the city has had a policy statement since 1973. There have - been two problems with it; the Planning Commission had to designate a particular area as appropriate for that type of development, and resulting lots had to be approximately the same size as existing lot sizes in the immediate area. The problem was that the Planning COmnUssion had only designated the State Street area as appropriate. Staff was required to judge all other requests in comparison to lot sizes in the areas in question. In reviewing the policy, said Mr. Saul, it became evident that there is conflict between the restrictive policy on panhandle lots and the concepts of the 1990 Plan to encourage more efficient utilization of property. The proposed policy statement recognizes the intent of the 1990 Plan to encourage efficient land use while acknowledg_~llg the expressed desire of neighborhoods to maintain their character. The recom dation provides ways in which that can be enhanced, including parcel size, type of setback standards for driveways, screening requirements, etc. Mr. Saul added that the division of land through the panhandle process is simply one mechanism for intensive land utilization within the city. The Planning Cummission will be hearing a proposal June 1 in conjunction with this which will consider a technique of allowing more than single-family developolent on larger parcels. Mrs. Shirey asked about the relationship between this matter and street access into undeveloped areas. She feels the two should be considered together. Mr. Saul responded that it is possible to address both together but that the problem of access into streets is much more complex and is requiring extensive staff treatment before it can be considered. . 5/24/76 - 4 R"5 .. Mr. Murray moved seconded by Mrs. Shirey to hold a hearing on the above matter on May 24. Motion carried, all Council members present voting aye except Mrs. Shirey voting no. Comm 5/12/76 Pub Hrng Jim Saul, planner, reviewed development of standards adopted in 1973 covering creation of panhandle lot subdivisions. Under those standards, he said, only one area - States Streets area - was designated as appropriate for this type subdivi- sion. As a result, applications for panhandle lot subdivisions were recommended by staff on the basis of the lots in surrounding areas, leading to appeals and endless debate on what constituted panhandle lots. Because of that problem, he said, the Commission voted to reconsider the policy for creation of panhandle lots. Mr. Saul read the revised standards as set out in the Planning Commission report of April 6, 1976, copies of which were previously distributed to Council members, and recommended for adoption by unanimous vote of the Commission. Public hearing was held with no testimony presented. Mr. Haws moved second by Mr. Hamel to adopt the revised panhandle lot policy as recommended. Rollcall vote. Motion carried, all Council members present voting aye. F. Rezoning Public Hearings Scheduled for May 24, 1976 Corom 1. Rezoning area east of Onyx, west of N. Shasta Loop from RA to RA-SR (Powell) 5/12/76 (276-6) Pub Hrng e 2. Rezoning area between James Road and Del ta Highway North of Goodpasture Island Comm Road from AGT (County) to R-2 PD (Emerald Delta) (2 76-4) 5/12/76 Pub Hrng ~uasijudicial Hearing Dates - Recommended by Planning Co~ssim April 13. Maps have been distributed to Council. Hearings are set for May 24. 3. Max Ansola, Jr. - S.W. corner of Clark and Lawrence - from R-2 Limited Multiple Family to R-] PD Multiple Family with PUD Procedures (2 76-5). Comm 5/19/76 Pub Hrng Comm 5/19/76 Pub Hrng 4. Jefferson Elevator - between Madison and Jefferson south of SP tracks - from M-2 Light Industrial to SD Special Development District (2 76-7). 1. Area east of Onyx, west of North Shasta Loop - From RA to RA-SR (Powell)(Z 76-6) Recommended by the Planning Commission on April 6, 1976. Jim Saul, planner, described the approximately two acres located at the eastern edge of the city on relatively steep slopes east of Amazon Parkway. He said site review procedures were requested by the applicant to allow cluster units with a maximum density of four units to the acre on the lower portions of the property where there was the least degree of slope, retaining the upper, steeper slopes as open space. Mr.Saul noted some concern expressed by Commission members that building a full four units per acre may not be the best development, but it was decided that factor could be reviewed when specific plans for development were submitted under the site review procedures. The rezoning was recommended with the feeling that it responded best to the natural conditions of the site. e. Councilwoman Shirey expressed concern about the density because of the amount of property that was unusable due to the steep terrain. She urged careful review of the density under the site review procedures. No ex parte contacts or conflicts of ;nterest were.declared by Counci+ members. Planning Commission staff notes and mlnutes of Aprll 6, 1976 were recleved as part of this record by reference thereto. 5/24/76 _ 5 jt:,~ Public hearing was opened. William Powell, owner of the property, said that building even four units to the acre on a two-acre site would result in less density than now exists in that area _ ~ about 4.43 units per acre. He said he had agreed to retain a landscape architect, one of the requirements specified by the Planning Commission, so that open space would be maintained as well as aesthetics of the property as they now exist. A gentleman living at 3984 Onyx Street was opposed to continuing Onyx Street and allowing multiple-family housing in this area of single-family residences. He said the street was originally planned as a hammerhead turnaround, and he could see no way for it to accommodate two-way traffic with parking on both sides. He didn't under- stand why people owning property there now should have to pay for improvement of that street to facilitate the use of one person's property. Public hearing was closed, there being no further testimony presented. Council Bill No. 1138 - Rezoning to RA-SR area east of Onyx Street and west of North Shasta Loop was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of April 6, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Councilman Haws asked if staff Mr. Saul cited recent projects Heights - with which there had had encountered any problems with cluster deve1opments.~ - one at Laurelhurst and Royal, and one off Hawkins ~ ~ been no problems with the cluster development approach. In response to Councilman Bradley, Mr. Saul said approval of this rezoning did not constitute approval of the cluster subdivision, that would take place when plans were submitted during site review procedures. Rezoning does not automatically approve subdivision or a development plan, he said. It is the midway point and is essential in the process of developJjlent through the site review procedures. Councilman Murray asked about the question raised on city policy with regard to payment for street improvements. Don Allen, public works director, said property on Onyx Street other than that directly involved in the subdivision would not be assessed for the extension except one corner property. Councilman fradley asked how the public need would be satisfied with this rezoning, what criter~a was used for that determination. Mr. Saul answered that public need was dealt with only when going from one zone to a more intensive use, not when applying site review procedures. In this instance, he said, attachment of the SR suffix actually would result in more restrictive use. He called attention to standards set out in Planning Commission staff notes. Vote was taken on the motion for adoption of findings and second reading as stated. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17634. e -:;- 5/24/76 - 6 dJo1 I-B-l e 2. Area between James Road and Delta Highway, north of Goodpasture Island Road _ From AGT (County) to R-2 PD (City) - Emerald Delta (2 76-4) Recommended by the Planning Commission on April 6, 1976. Jim Saul, planner, ex- plained that this zone change request was submitted pursuant to a General Plan amendment changing the entire northern area of Goodpasture Island from an opportunity area to one appropriate for medium-density residential development. The area on which R-2 PD is recommended consists of about 43 acres, annexed to the city in March 1975 and retaining the County AGT zone until this time. Medium-density development would permit 18 units per acre. Mr. Saul added that the area is within the preliminary Wi11amette Greenway boundary as adopted by LCDC, but that review of that could be covered in the planned unit development process. No ex parte contact or conflict of interest were declared by Council members. Planning Commission staff notes and minutes of April 6, 1976 were received as part of this record by reference thereto. Public hearing was opened. I-B-2 Robert Moulton, 260 East 11th Avenue, representing Emerald Delta, asked that a petition containing information with respect to conformity of the proposed zone with the General Plan and need for multiple-family housing be included as part of the testimony, as well as staff recommendations to the Planning Commission. Darrell Smith, architect, 725 Country Club Road, identified himself as a member of the design team and co-ordinator for development of the property under planned unit development procedures. He urged favorable action by the Council, saying all urban services were available and that traffic could be adequately accommodated. e Public hearing was closed, there being no further testimony presented. Council Bill No. 1139 - Rezoning area between James Road and Delta Highway, north of Goodpasture Island Road to R-2 PD was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of April 6, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unani~ous consent of the Council; and that enactment be con- sidered at this time. Councilman Murray commented that this was the first zone change considered in all the time he had been a Council member which he felt was "really good." e Counck1man Bradley wondered if existing services could handle the 774 dwelling unites proposed for the development of this property. Mr. Saul answered that although the applicants had submitted a pre-preliminary application for a PUD indicating that as a possible number of units, and even though that density (18.62 units per acre) theoretically would be allowed, the proposal had not yet been reviewed through the PUD process. There would be a number of considerations, he said, that would affect the ultimate density of the project. With regard to services, the density was predicated on the fact that this area is extremely well served - the freeway system, Valley River shopping center, fire services, etc. In further response to Councilman Bradley, Mr. Saul said a number of considera- tions were involved with regard to need for housing which was included in the information presented by Mr. Moulton, some being statements contained in the city's own application for CD funds indicating a need for additional housing. ~'8 5/24/76 - 7 He didn't anticipate that the entire piece of property would be developed in the next three to six months, but he thought it important to look at this zone change as a basic change that would start the development of medium-density housing in the northern Goodpasture Island area. - Vote was taken on the motion for adoption of findings and second reading as stated. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All'Council members present voting aye, the bill was declared passed and numbered 17635. 3. Southwest corner of Clark and Lawrence - From R-2 to R-3 PD (Ansola)(Z 76-5) Recommended by the Planning Commission on April 13, 1976. Jim Saul, planner, described this property as a quarter-block of about a half-acre lying in an area covered by an amendment to the General Plan adopted in September 1975 where high- density was felt appropriate rather than the previous medium-density designation. Limitations adopted at the time of the amendment were that (1) maximum density would be 36 units per acre; (2) minimum area to be considered for anyone zone change would be a quarter-block of contiguous property; (3) site ~eview or planned unit development procedures would be required, primarily PUD when residential zoning abuts industrial zoning. Since this property abuts industrial zoning, the Commission attached the PUD requirement for review prior to actual development. Maximum number of units would be 17 per acre. I-B-3 No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of April 13, 1976 were received as part of this record by reference thereto. P~blic hearing was opened. a Max Ansola, 2601 Laurelhill Drive, owner of the property, called attention to the property's location near to the downtown area with all urban services available. Suzanne Bier, 410 Clark Street, commented on the unique location - bounded by a freeway and Skinner Butte - with only Lawrence Street as a way out, and that street already heavily loaded with traffic. She felt allowing 17 units per acre at that location would create a hazard. Public hearing was closed, there being no further testimony presented. Council Bill No. 1140 - Rezoning southwest corner of Clark Street and Lawrence Street to R-3 PD was read by council bill number and title only, there being no Council member present re- questing that it be read in full. Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of April 13,1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Councilman Haws asked for staff comment on locating R-3 zoning next to M-2 zoning, and whether the M-2 was now developed. Mr. Saul answered that there was some con- cern in the Commission about the effect of industrial development on the density that eQuId develop under R-3. However, it was felt the PUD process would ensure a maximum degree of compatibility. He said the first property south of that under consideration had an older hous~, and that there was some industrial development at the intersection of 1st and Lawrence. e 5/24/76 - 8 ~~~ e Councilman Bradley questioned the appropriateness of high-density development next to industrial. He said he recognized the housing shortage but didn't think it a panic or crisis situation calling for packing more people next to an M-2 zone. He wondered if medium-density would be better here, then looking to other loca- tions where high-density would be more suitable. Mr. Saul didn't see this rezon- ing recommendation as a panic response in light of the lengthy hearings before both the Commission and the Council with regard to the density level in this area when -the General Plan was amended. And consideration at that time, he said, was not so much the need for housing as it was the location of this par- ticular area. While it was close to a freeway and industrial zoning, it was also the best area in terms of proximity to park areas and downtown with bus service and immediate access to bike trails. This zone change, then, in a sense, was carrying out the basic decision to develop high~density housing in this area when the Plan amendment was adopted. Councilman Murray took exception to the statement that this could be a "crisis" or "crash" program after the time taken on the General Plan amendment with re- gard to this area. In addition, he said, a careful increase in density would lead to some property improvement and provide a firmer resistance to industrial encroachment in an area like this, especially important when it happens near apark. Vote was taken on the motion for adoption of findings and second reading as stated. All Council members present voted aye, except Councilman Bradley voting no, which would hold the bill over for second reading, lacking unanimous consent. Mr. Bradley, recognizing that his "no" vote on second reading would only cause a two-week delay, asked for the vote to be recast. There were no objections. ..e Vote was recast on the motion for adoption of findings and second reading as stated. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, except Councilman Bradley voting no, the bill was declared passed and nubmered 17636. 1-8-4 .-e 4. Area between Madison and Jefferson south of Southern Pacific tracks _ From t:-2 to SD-Special District (Jefferson Elevator)(Z 76-7) Recommended by the Planning Commission on April 13, 1976. Jim Saul, planner, noted that this was the second application (the first - 5th between Pearl and High) for the Special District zoning adopted in 1973 with intent that it be used sparj 'gly and only when certain criteria was met. Findings were made, he said, with regard to the unique quality of the area and the old grain elevator that would merit special recognition (itemized in staff notes); no other standard zone designation was found to be appropriate; and certain elements, all contained in the Planning Commission report, covered a description of the district, uses permitted, and development standards. Mr. Saul continued that the owners intend to place primary emphasis on manufacture and sale of craft articles as well as education relating thereto. Also proposed are restaurnats and other functions serving the larger community. Because of a concern with available space for parking, the Commission recommended an automatic review process which would permit 32 on-site parking spaces with the initial development (first floor). Later development would require review through the conditional use process with particular emphasis on the parking experience and the type of parking to be pro- vided for additional development. He said it was hope later to convert the silo into office or residential use, and that would be permitted under this district with review through subsequent hearings. .:2..70 5/24/76 - 9 No ex parte contacts of conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of April 13, 1976 were received as part of this record by reference tl1ereto. . ijublic hearing was opened. Willi\lm Carlstrom, 1091 West Broadway, and two other persons (unidentified) spoke in favor of the special district zoning for the elevator. They noted the probable availability of abuttingproperty for additional parking as well as other properties in the immediate vicinity on which negotiations were proceeding. They felt the proposed development would avoid isolation of that area from the rest of the community. 1-B-5 Public hearing was closed, there being no further testimony presented. ~ouncil Bill No. 1141 - Rezoning area between Madison Street and Jefferson Street south of Southern Pacific tracks to SD-Special District was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of April 13, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Cbuncil; and that enactment be considered at this time. Councilman Murray thought the proposal an extraordinary one and was in favor a of the Special District zoning, but he expressed the hope that the developers ., would be cautious in the way it was handled. He said there was strong interest in maintaining and improving that as a primarily residential area and he wanted to make sure that it would not be a case of backing into something that would have a negative effect on that effort. He said he was expressing this caution because, although he was sure of the intent of those interested in this develop- ment, it was easy "in the nalTle of something good" to create problems that may be impossible to overcome. Councilman Bradley wondered why the industrial zone could not be amended to in- clude the uses permitted in the Special District rather than having the separate designation. Mr. Saul answered that it wasn't solely a question of uses. There would be necessary a much more critical change for parking requirements, types of uses, etc., he said, and extending those types of changes to all industrial zones jr the city would not be recommended. He noted that prior to adoption of the 1968 zoning ordinance many districts, particularly M-2, allowed a whole range of uses permitted in other districts. However, problems were created be- caus~ those people developing under the industrial uses felt once .an area was designated for industrial uses, they should not be harrassed by their neighbors. This was happening when commercial and residential uses came in after an industrial use was developed. Vote was taken on the motion for the adoption of findings and second reading. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17637. - 5/24/76 - 10 ~'t I G. Bids - Public Works Department (opened May 20 and 24, 1976) --- May 20. 197& Name of Bidder and Project PAVING, SANITARY SEweR b STO~~ SEWER: Contract Cost Cost Co Abutting Prop. Cost to City Amount Budgetec 1. Within Oalcway 1st Addition - sanitary scwer to serve Oa~'ay 1st Addition bounded by Cal Young Road. west boundary of Oa~'ay Addition. north boundary of Fair Oaks Addition and Norkenzie Road extended southerly (1107) BASIC JlIn ALTERNAT!! llID 1. Eugene Sand & Gravel, Inc...".,............ .No Bid..... .... .$373.863.67........... .... .28' Pav.... ..... .$17.35/lPP....... .$7'.200.00.............. ..0.. 2. Wi1dish Construction Company................No Bid..........$394,089.68 36' Pav..........$20.60/FF 3. Ken Bostick Construction Company............No B1d..........$40l.667.35 San. Lat.........$ 0.11/51' 4. Delta Construction Company..................$40l.683.48.....No Bid San. Serv.......$365.00/EA ped. Way.......$2~65.00 \ \ -----------------------------------------------------------------------------------, \ \. COMPLETION DATllr October 1. 1976 2. Within Century Maples Subdivision (1248) I i 1. Benge Paving. Inc.......................... .$43.341.67......No Bid.. .1............... ...28' Pav......... .$19.30/FI'...... ..$17.000.00...... ...e6.940.00 2. Wi1dish Construction COIDPany................$46.437.77......$46'306.;1) San. Lat.........$ 0.08/SP 3. Shur-Way Contractor. Inc....................$48.338.70......$47,350.~ Z San. Serv.......$246.00/EA 4. Eugene Sand & Gravel, Inc...................~o Bid..........$55.482.! ~ __~~_::~::::~::::::::~::_:::::~~~~~~:_:~~~~~~~~~~443~: ~_________________:~LETION DATEI July 15. 1976 ~ f STORM SEWER: 3. Froe Fair Oaks Drive at Wood Aer~9 Drive into Country Club Golf Course. then spproxi~tely 1000' north along east side of golf course (1227) eur-way Contractor. Inc............................. ..$23.197.2&... 2. Eugene Snnd & Gravel, Inc..............................$24,263.50 3. Ken Bostick Construction Company.......................$34.371.50 4. l! ~ J Construction Co~pany.............................$40.371.00 ............ ......................................... $23.197.26...... .$29.000.00 COMPLETION DATEI July 2, 1916 .. -----------------------.----- .--------" ------------------ 'T~ II 2/,. 1976 Nem. of Bcdder and Project . '~..... .". , ... ......-_._- Contract Cost C"s t to Abut ting Prop. Cost to City Amount Budgeted BICYCLE WAY: 4. Along the aouth bank of the Wi11amette River from Ferry Street BridGe to Autzen Stadiuc Bridge (1223) ! 1. l'fldish Construction COMpany..........................$111.346.46... ........ ...........................................$6&.346.4&.......$'0.000.00 Coat to StAte I 45.000.00 5. From Ferry Street Drirlge into Alton Dnker ParI<. and "ideninr, northeast scction of Ferry Street flridr,e (1118) ~ ADDITIONAL ALTERNATIVE COMPLETION DATEI September 15. 1976 ) ------------------------------------.-...-------- ----)..----- i BICYCLE RA}lP & BRIDGE WIDEl>ING: 1. Merlin Stam............................ .$119,915.20...... .$28.900.00............... . ................................... .$78.815.20..... .$140.000.00 2. Hamilton Construction...................$123.040.00.......$32.160.00 Coet to Stetel $70.000.00 COMPLETION DAnr \------------ September 1. 197& e Don Allen, public works director, reviewed the bids, calling attention to only one bid received on No.4 (bicycle way along south bank ~ the Willamette River), although there were eight plan holders. On No.5 (bicycle rffi ' and bridge widening from Ferry Street bridge into Alton Baker Park), he noted that ( lane of traffic on the bridge c? 7~ \ 5/24/76 - 11 would probably be tied up during various stages of the construction. However, a control system was being worked out in an attempt to have traffic lanes open at all times during peak travel hours. He said a guardrail similar to that on the Washington/Jefferson bridge would be installed with a two-foot railing on top, giving four-foot protection to pedestrians and bicyclists. Award of contract was recommended to the low bidder on each of the projects, with award on the bike ramp made on the basic bid plus the additional alternate, and on both bicycle way pro- jects subject to approval of the State >>ighway Department since they are sharing in the cost ($45,000 on the South Bank path; $70,000 on the ramp). Public hearing was held with nO testimony presented. Mr. Haws moved second by Mr. Hamel to award contracts as recommended. Rollcall vote. Motion carried, all Council members present voting aye. II - Items acted upon with on motion after discussion of individual items as requested. Previously discussed in committee on May 12 and 19, 1976. A. Vacation of Portion of EWEB Easement - North of Souza (To Far West Federal Savings and Loan). Map has been distributed to Council. Mrs. Beal moved seconded by Mr. Murray to proceed wi th vacation. Motion carried unanirrously. B. Metro Sewage Treatment System - Report and flow chart from Metro Sewer Advisory comndssion have been distributed to Council. _e Comm 5/12/76 Approve Al Wright, LCOG, explained that the Metro Sewer Advisory Co~ssion has acquired funds through an EPA Water Quality Grant to conduct the Eugene-Springfield Metro Sewer Alternative Study. It is to be the final resolution of a controversy going on for some years. A consultant has been hired, the Co~ssion has screened alternatives and the next step is to hold public meetings, with a three-jurisdictional decision to be made in September. The public meetings will be Wednesday, May 19, in Eugene, and Wednesday, May 26, in Springfield. Following the public meetings at which time discussion will be held on five different alternatives, the Commission will select the most practical alternatives. In late July, the Commission will make a decision as to the alternative IOC>st feasible for the Metro area. A formal public hearing will then be held and, based on the results, the Co~ssion will make a final selection and submi tit to the three. jurisdictions for approval. The decision sent to EPA must be unanimous among the three jurisdictions to be eligible for federal construction funds. Mrs... BeaI moved seconded by Mrs. Shirey to adopt the procedure as outline.. Motion carried unanimously. C. Growth Management Study - --lie;.oc;-oT-Ma.y-7 from Community GOaiS- COnlmittee and memo of May 24 from Planning Department have been distributed to Council. Mrs. Niv~n explained there has been no concurrence from other jurisdictions about undertaking a growth study. She referred to the first Community Goals Comndttee recommendation that a study be undertaken of the implications of expanding the city limits and/or the urban service boundary of the metro area as it relates to Eugene's sphere of influence. There are implications involved, she said, about which nothing is known - such as other jurisdictions not setting a policy on their own city limits expansion. The second recommendation, she said, was recommending a study of the economic and social implications of promoting residential and commercial development in the Central area. There, too, there is a need to know how much Eugene can influence what happens by sorting out techniques. 5/24/76 - 12 :t1?J _~e Comm 5/12/76 Approve -e - - e Mrs. Niven concluded the Community Goals Comndttee favors a permanent green belt around the urban area and wants that further pursued through the joint parks committee. Mayor Anderson wondered what was meant by the Central area. Mrs. Niven replied it meant basically from Chambers to the University campus boundary and from the river to 18th. Mrs. Niven noted $20,000 has been set aside for use for the growth study. Manager clarified that the next step would be for staff to come back with more elaboration and then proceed upon Council's approval. There was Council consensus that some statement about the costs of growth be included. Mrs. Beal said she would want to see something which referred to the cost of urban services as it relates to Eugene's growth management. Mr. Murray felt, too, that consideration should be given to what impact growth will have on the rest of the community - what will be sacrificed, etc. Mr. Murray moved seconded by Mrs. Beal to adopt the two growth management studies as recommended, adding the statement "including the cost of urban service extension" after "economic and social implications" in recommendation No.2. Motion carried unanimously. Comm 5/12/76 Approve D. Social Priorities Committee - Memo of May 5 from Community Goals Committee has been distributed to Council. Mr. Murray explained that the original socials goals committee, formed in 1970, had gone defunct. In 1974, during the Community Goals conference, the issue resurfaced which lead to a proposal for the creation of the Social Priorities Committee. Mr. Murray said the intent was to structure the membership of the comndttee with persons having interest and expertise. Suggested were one Council member, one Planning commissioner, one HRC representative, one Budget Committee member and a public member of HCDC. Appointment of the chairman and perhaps even other members to be made by the Council. The Committee's charge would be to make recommendations to the City Council. Mrs. Beal suggested perhaps the Human Rights Council could serve as the committee. It was the general feeling, however, that too much work would be invol ved and the areas would be too broad. Asst. Manager could see a major staff comndtment to the project. He felt it would take much attention to avoid too much work and to develop something streamlined and sirp l-a to put before the Council. It was generally agreed that the list of recommendations of the Committee could be flexible. Mr. Murray moved seconded by Mrs. Beal that the Community Goals Committee recommendations be accepted and a committee be appointed. Motion ca rried unanimously. Comm 5/12/76 See action below Comment ~as made that the name of the committee brought inquiries from people assuming that the committee would deal primarily with social services whereas it really would deal with all city services - police, fire, parks, etc. Betty Niven, 3940 Hilyard, suggested that the Council decide on a different name. "City Services" seemed to her the most desirable and least likely to be misunderstood. Mr. Murray moved second by Mr. Hamel to rename the committee "City Services Priorities Committee." ~7oif 5/24/76 - 13 Councilwoman Beal thought the same problem could be encountered with the suggested name. She said the functions of the committee would have to be considered a little more closyly than that. Vote was taken on the motion as stated. Motion carried unanimously. E. Elks Flag Request - Manager has received a request from the Eugene Elks Lodge to erect 25' flag poles every 25 feet along Centennial Blvd. from the bridge by FOps to the turn past Autzen Stadium in recognition of a 2l-day flag salute from June 14, Flag Day, until July 4, declared by the Congress of the united States. Public Works Director noted the right-of-way on that stretch is all under coun~y jurisdiction and the County Commissioners have already granted their approval for the project. Mr. Murray moved seconded by Mr. Hamel to gi ve conceptual approval to the Elks' project and authorize city staff to issue any permits as needed. Motion carried unanimously. F. Amendment, EWEB Bond Election Ordinance - Manager noted the bond attorney is requesting an ordinance be prepared which deletes reference to the issuance of a voters' pamphlet, as it has been determined that there is no need for one. Mrs. Beal moved seconded by Mr. williams to prepare an amending ordinance. Motion carried unanimously. G. ~lace Hotel - A summary of the proposed contract between Sorgenfri and the City for operation of the Palace Hotel was distributed to Council. Council action is desired by the next Council meeting to allow consummation of the contract by May 28. Don Laird, City Attorney's office, explained that Sorgenfri is buying the Palace Hotel for $155,000. The City will subsidize the purchase with revenue sharing and community development funds, stipulating the residential establishment is to be maintained for low-income elderly persons. The 20-year agreement provides for rent controls, preservation as an historic structure, establishment of eligibility requirements and meal service. The agreement provides for a grant by the City of $33,000, $20,893 contingency for operation, $58,057 for rehabilitation. If Sorgenfri should default, the City would manage the project for the duration to protect its interests. TheCitq would not guarantee the debt, however. Mr. Laird explained that a grant from Lane County is to be used to purchase kitchen equipment. The County will help with the nutrition program also. Though the facilities are considered too small to serve as a central nutrition site, they will serve the hotel as a nutrition site five days a week. MrS.Beal moved seconded by Mr. Williams to authorize the City Manager to execute the contract in accordance with the principals recited. Motion carried unanimously. 5/24/76 - 11.4 '--15 tl Conun 5/19/76 Approve Conun 5/19/76 Approve e '--'- Conun 5/19/76 Approve e '::.--' H. LIQUOR LICENSE RENEWALS - 1976-77 Affidavit of nondiscrimination attached. Staff has no objections. For release prior to formal Council May 24 to help meet OLCC June 1 deadline. . Retail Malt Beverage - The Cooler, 20 Centennial Loop Duffy's, 801 East 13th Avenue Ed's Taco Tap Tavern, 2750 Roosevelt Boulevard La Posada Mexican Restaurant, 685 East Broadway Locker Room Tavern, 211 Washington Street - and dropping partner Murphy & Me Tavern, 1475 Franklin Boulevard Pizza Pantry, 1190 City View Porter's Foods Unlimited, 125 West 11th Avenue Robinson's Tavern, 550 East 13th Avenue Spigot Tavern, 2841 Willamette Street Tiny Tavern, 394 Blair Boulevard e Package Store - Albertson's #507, 1675 West 18th Avenue " #515, 3229 Hilyard Street " #531. #2 Oakway Mall d *Bamboo Pavilion, 1275 Alder Baza'r Foods, 2010 Goodpasture Island Roa Billy's Market, III Monroe Street Bi-Mart. 1680 West 18th Avenue Bob's Superette, 595 East 13th Avenue Consumer Warehouse Foods, 225 River Road Edelweiss Wine Chalet, 34 East 10th Avenue 18th Avenue Market, 1684 West 18th Avenue Everyone's Market, 1245 Echo Hollow Road L&L Market, 1591 Wil1amette Street Little's Market, 544 East 13th Avenue The Market, 1201 West 11th Avenue * . Mayfair #402. 2175 West 7th Avenue fl #418, 57 West 29th Avenue Minit Market. 536 East 11th Avenue Monroe Street Market, 1123 Monroe Street One O'Clock Market, 698 West 6th Avenue Palace Market, 3225 Donald Street Porter's Foods Unlimited, 125 West 11th Avenue Rainey's Thriftway. 2025 River Road Safeway #234. 849 West 6th Avenue fl #288. 145 East 18th Avenue fl #319, . 2060 River Road fl 1/320, 1500 Coburg Road " #338, 1156 Highway 99N fl #513. 40th and Donald 17th & Lincoln Market, 295 West 17th Avenue Thrifty, 194 West Broadway fl ,1560 Coburg Road 24 Hour t-Iarket, 2750 Roosevelt Boulevard Ye Old Wine Shop, 260 Valley River Center Restaurant - The Bavarian. 444 East 3rd Avenue Mazzi's Italian Food, 3377 East Amazon Spaghetti Warehouse, 725 West 1st Avenue Tina's Spaghetti House. 1491 Wil1amette Street ;)..76 5/24/76 - 15 Class A Dispensers - Bev's Steak House, 1905 West 6th Avenue *Brian's, 855 Oak Street. *Exce1sior Cafe, 754 East 13th The Quarterdeck, 2855 Wl1lamette Street Thunderbird Motel, 205 Coburg Road ~. Valley River Inn, Valley River Center Class B Dispensers (less than 500 members) - Columbus Club, 1144 Charnel ton Town Club, 222 East Broadway COIlUll 5/19/76 Approve Mr. Murray moved second by Mr. Hamel to approve. Motion carried unanimously. Added since committee May 10, 1976. Affidavits of nondiscrimination attached. Staff has lIO objections. I:ctail M:dt Beverage - Abby's Pizza Inn, 1970 ICivet' Road Friendly Tavern, 1667 I\'cst 6th Avenue Laurcll\"ood Golf Course Pro Shop, 2700 Columbia Street Oah:ay Golf Course, 2000 Cd Young Road Pad:.;:tge Store - Campus Grocery Cart, 304 East 13th Avenue Dari Mart Store 1i3, 1735 West 18th Avenue " II #6, 800 Highll/ay 99N " " #7, 2429 Hilyard Street " " 1/8, 1390 Fir Acres Drive " " #9, 853 West 28th Avenue German Smoked Meats, 2805 Oak Street Little "yn Grocery Cart, 603 II/cst 19th Avenue Markcteria, 2390 Agate Street Miller's Grocery, 106S East 20th Avenue Morn & Pop Grocery, 2920 !'lest 11th Avenue Wicker Basket Gourmet Foods, 296 East 5th Avenue - and change trade name (formerly Country Cupboard) e. Apprt've Restaurant - Moreno's Mexico, 433 East BroaJway Hieo's Rcel Lion Pizza Parlors, 1795 West 6th Avenue Class A Dis.lt':lsers - Embers Club, 1811 High\-:ay 9901 Ron ti tvlactcly' s Caravcl1 c, 160 Sou th Park Street I. Liquor Licenses Change of Ownership - Amber Inn (formerly Quigleys), 1466 W. 7th, RMB, Terry L. Conaway. Staff had no objections. Mr. Murray moved seconded by Mr. Hamel to approve. Motion carried unaniIOCJus1y. J. Improvement Petition - Paving alley between 2nd and 3rd from Blair Blvd. to Van Buren - 72.19% of assessable footage and area on petition. City cost _ $4000. Comm 5/19/76 Approve - ..;;;.,.... Mr. Hamel. moved seconded by Mr. Murray to approve the peti tion. Motion carried unanimously. Comm 5/19176 Approve 5/24/76 - 16 ~11 K. Ambulance and Mobilchair Rates - Increased rate proposal from applicant has been distributed to Council. e_ Mr. Hamel, who served on the Eugene/Springfield commi ttee to review the proposal, noted that the basic fee for ambulance service in 1967 was $28.00. $62.50 has now been requested by Mr. Leonard of the ambulance service, but the committee felt that Mr. Leonard's increased costs would not justify that amount and have recommended instead a base rate of $55.00. Mr. Hamel noted, too, that the committee wrote to other cities for comparable information. Some of that data is yet to come back. Mr. Murray moved seconded by Mrs. Beal to schedule a public hearing for June 14 to consider ambulance service rates as presented, with the exception of changing the base rate from $62.50 to $55.00 and with the understanding that Mr. Hamel mey receive pertinent information from other cities in the meantime. Motion carried unanimously. L. Skyline Loop Sanitary Sewer - Phase II - Staff requests condemnation authorization to acquire an easement across property owned by Walter Scott Bartlett III, 223 Barber Drive. Mr. Murray moved seconded by Mr. Hamel to authorize condemnation. Motion carried unanimously. M. HCDC Recommendations re: Parkway PUD - See page 2 these minutes. - N. Moratorium on East Skinners Butte Conditional Use Permits - Council has received reports from the Planning Commission (4-13-76) and Historic Review Board (4-30-76) supporting the request of the East Skinners Butte Friends and Neighbors for a moratorium on conditional use permits. Mr. Murray moved seconded by Mr. Hamel to call a public hearing for June 14. Motion carried unanimously. o. Council minutes March 8, 1976 as circulated Assessment Study Committee - Mayor Anderson announced that the committee to P. study assessment procedures will be composed of Mrs. Beal, Mrs. Shirey, Mr. Hamel and himself. Q.1Ylanning COmrrUssion Vacancy - Mrs. Shirey noted that Mr. Reeder's Planning COmrrUssion term would expire next January 1 and she said Alan Maxwell, COmnUssion president, had suggested that the selection of a replacement take place as soon as possible to give the appointee an opportunity to become acquain+."ri with the process before the term begins. Mrs. Beal thought it might ] - ~air to select the second place candidate in the appointment just completed. Mayor Anderson felt appointing now would appear to be a departure from the procedure adopted by Council. Mr. Murray felt the application process should be opened up again, asking those who have already applied if they wish to keep their applications active. Mrs. Niven felt Council might want to consider the type of financial expertise that would be lost by the departure of Mr. Reeder as a factor in appointing a replacement. - Mayor Anderson noted a political factor - that, by appointing later in the year, new Council members have an opportunity to participate in the selection process and then the Planning Commission would reflect the new Council's philosophy. He feels the present selection system is satisfactory and that 5/24/76 - 17 ~78 Comm 5/19/76 Approve Comm 5/19/76 Approve Comm 5/19/76 Approve Comm 5/19/76 Approve Approve Comm 5/12/76 Affirm uniformity should be maintained. at a future Committee meeting. Mrs. Shirey would like the process discussed It was the consensus to further discuss the process at the May 19 Conmdttee meeting. Comm 5/12/76 Affirm . Planning Commission - Term expires December 31, 1976. Manager explained th~t incumbent Ken Reeder may reapply and that he has indicated he will make that decision in late summer or early fall. Council has expressed sentiment about filling the possible vacancy early to provide time for any new member to become acquainted with the planning process. Mr. Williams moved seconded by Mr. Hamel that the vacancy be advertised on or about August 15, with application deadline set for September 1. Motion carried unanim:::JUsly. Comm 5/19/76 Affirm 2.MAPAC Vacancy - Manager noted there will be three citizen vacancies coming up on MAPAC. Perhaps names can be suggested by the next Conmdttee meeting, he said, and in the meantime the vacancies can be publicized. Mr. Murray noted procedure already established for that names of applicants from the Citizen Interest Manager's office. MAPAC appointments, adding Forms are on file in the Corom 5/12/76 File MAPAC - Three vacancies are for terms expiring June 30, 1979. Incumbent Mary Sherriffs has applied for one position. One additional vacancy is for the balance of a term expiring June 30, 1978. The positions are to be filled by the Council on subcomrrdttee recommendation after review of applications on file (distributed previously to Council members). . Mr. Hamel moved seconded by Mrs. Beal to appoint Mr. Murray and Mrs. Shirey to the subcomndttee to bring back recommendations. Motion carried unanimously. Corom 5/19/76 Affirm As Council bylaws require three on the subcommittee, Mr. Murray moved seconded by Mrs. Shirey to appoint Mr. Hamel. Motion carried unanimously. It was noted that the Council subcommittee was ready to make a recommendation on filling the MAPAC vacancy, but it was agreed to take the matter up at the next committe-of-the-who1e meeting. .3.ERA - One vacancy exists for term exp~r~ng July 10, 1980. Incumbent Harry Farrell has applied, and the position is to be filled by Council after review of applications on file only (applications have been distributed to Council). Some question arose as to how long ERA would continue to be in existence, Manager replying that ERA would need to continue for at least a year because of unfinished business. An agreement will be developed with ERA which will be in effect until phaseout becomes appropriate. It was understood that a decision on when to fill the ERA vacancy would be made at the May 26 Conmd ttee meeting. Comm 5/19/76 Affirm - R. Senior Lobby Cleanup Campaign - Mr. Jack Wilbur was present on behalf of the Senior Lobby, Inc. expressing its desire to sponsor a citywide cleanup month as their contribution to the Bicentennial. They suggest that younger groups of people, as well as possib.:!.!l work release prisoners~ aid in providing :/24/76 - 18 d--'\~ - labor for the project. They request city support and suggest asking various garbage collection companies to donate the USe of trash containers. He notes the entire job could be done in one month by dividing the city into districts. The Senior Lobby is aware that various neighborhood groups have undertaken some cleanup in their own neighborhoods; however, there are many areas left untouched. Manager noted he has contacted Mr. SWanson of the Garbage Board who may communicate with the garbage haulers on possible assistance. Given the late date, such a cleanup would have to be undertaken in the Fall or next Spring. Mr. George Graf of the Senior Lobby added sentiments that their group is anxious and most willing to get the "show on the road". s. Street Trees - Mrs. Shirey wondered what progress was being made on writing a street trees ordinance. Ed Smi th, Parks Director, noted that the neighborhood organizations have had increased interest in the program and there has been some refocusing on a planting program as against drafting a regulatory ordinance. Manager added that Communi ty Development Act funding is making it possible to have new street tree planting in various neighborhoods so that is one of the reasons the emphasis has changed. T. Airport Wastewater Treatment Hearing - Manager noted that Council has received notice of a hearing on improving wastewater treatment at Mahlon Sweet Field to be held May 17 at Harris Hall. e U. Eugene Wind Ensemble Performance - Manager noted that the Eugene Wind EnSemble has requested an opportunity to perform at City Hall from 7 to 7 :30 before an upcoming Council meeting. May 24 or the first meeting in June are being considered. Eugene Wind Ensemble - Manager announced that the Eugene Wind Ensemble would play musical selections in the courtyard at City Hall from 7 to 7:30 p.m. Monday, May 24, preceding the Council meeting. V. Public Works Move - Manager announced that Public Works is now in its new quarters, "City Hall II", at 858 Pearl. W. Introduction - Jay Bolton - Manager introduced Human Rights Specialist Jay Bolton who has worked for the City out of the State Employment Service for 2~ years as a minority placement specialist. Mr. Bolton will be working in the Ci ty Manager I s office starting May 24, replacing Lew Peters who resigm :1 Mr. Bol,ton is a graduate of LCC and served as student body president there. x. Budget Levy - Manager announced that a levy was approved by the Budget Committee at its meeting May 18. The task of promotion is now at hand, he said. Beth Campbell, Budget Commi ttee member, asked for vol unteers to work for what will probably be one full day in getting out a rather large mailing. Mr. Hamel is working on solicitation of funding for the promotion. Mrs. Campbell said that information sent through neighborhood newsletters last year proved most satiSfactory. e Mr. Haws moved second by Mr. Hamel to approve, affirm, and file as noted through X, noting change on Item D - City Services Priorities Committee. vote. Motion carried, all Council members present voting aye. Items A Rollcall ;;8'0 5/24/76 - 19 Comm 5/19/76 Affirm Conun 5/12/76 File --Comm 5/12/76 File Corom 5/12/76 File Corom 5/19/76 File Conun 5/19/76 File Comm 5/19/76 File Conun 5/19/76 File III - Ordinances Counc1l Bill No. 1115 - Rezoning to C-l SR area at southwest corner of 19th Avenue and Jefferson Street (LICO)(Z 75-18), read the first time on May 10, 1976 and held lacking unanimous consent for second reading, was read the second time by council bill number only with unanimous consent of the Council, there being no Council member present requesting that it be read in full. - . ...- Councilmen Hamel, Murray, and Bradley stated they had missed some of the meetings at which this issue was discussed, but that they had reviewed minutes of those meetings and would participate in the voting. Mr. Murray noted he had also listened to the tape recording of the meeting he had missed. Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of January 6 and March 29, 1976 be adopted by reference thereto; that the bill be approved and given final passage.. Councilman Murray said he would vote against the zone change because he felt pl,lblic need had not been demonstrated. The area involved had ample access to existing commercial services, he said. Councilman Bradley was also opposed to the change. He felt the criteria dealing with neighborhood commercial use was not satisfied by this request. Rollcall vote was taken on adoption of findings, approval and passage. Motion defeated - Council members Beal and Hamel voting aye; Council members Haws, Murray, Bradley, and Shirey voting no. Mr. flaws moved second by Mr. Murray to direct staff to prepare findings ~ supporting denial of the requested zone change based on minutes of the ~ Planning Commission, Council public hearing, and comments at this meeting. Councilman Bradley felt additional comments should be made by those opposed to the rezoning to give staff an indication of their thinking. Mr. Haws said his vote was on the basis of adequate existing commercial services available to the area and lack of demonstration for public need. Councilwoman Shirey stated the same reasons. Vote was taken on the motion to prepare negative findings. Motion carried - Council members Haws, Murray, Bradley, Hamel, and Shirey voting aye; Councilwoman Bea1 voting no. Council Bill No. 1116 - Paving streets within Inger Park Subdivision (1180) read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws. passage. declared moved second by Mr. Hamel that the bill be approved Rollcall vote. All Council members present voting passed and numbere 17638. and given final aye, the bill was Council Bill No. 1117 - Adopting plans and specifications for paving streets within Inger Park Subdivision, read the first time ~ on May 10, 1976 and held lacking two-thirds majority of Council member ~. present for adoption of emergency clause, was read t~e~second time by council bill n~ber and title only, there being no Council member present requesting that it- be read in full. 5/24/76 - 20 l&l Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Councilmembers present voting aye, the bill was declared passed and numbered 17639. e Council Bill No. 1118 - Sanitary sewer and storm sewer within Inger Park Subdivi- sion and within 160 feet of east boundary of Inger Park Subdivision (1180), read the first time on May 10, 1976 and held lacking two- thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in fulf. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17640. Council Bill No. 1119 - Adopting plans and specifications for sanitary sewer and storm sewer within Inger Park Subdivision (1180), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17641. - Council Bill No. 1120 - Paving streets within 8th Addition to Bar M Ranch (1283) read the first time on May 10, 1976 and held lacking two- thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17642. Council Bill No. 1121 - Adopting plans and specifications for paving streets within 8th Addition to Bar M Ranch (1283), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All. Council members present voting aye, the bill was declared passed and numbered 17643. Council Bill No. 1122 - Sanitary sewer and storm sewer within 8th Addition to Bar M Ranch and within 160 feet of the east boundary of 8th Addi- tion to Bar M Ranch (1283), read.the first time on May 10, 1976-and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. -- Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All, Council members present voting aye, the bill was declared passed and numbered 17644. 5/24/76 - 21 ~8';t Council Bill No. 1123 - Adopting plans and specifications for sanitary sewer and storm sewer within 8th Addition to Bar M Ranch and within 160 feet of the east boundary of 8th Addition to Bar M Ranch (1283), read the ~ first time on May 10, 1976 and held lacking two-thirds majority of Council members ,., present ,for adoption of emergency clause, was read the second time by council bill number and title only, there being no council member present requesting that it be read in fu1 L Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17645. Council Bill No. 1124 - Paving streets within 2nd Addition to Firland Heights (1274) read the first time on May 10, 1976 and held lacking two- thirds majority of Council members present for adoption of emergency clause, was read the. second time by council bill number and title Qnly, there being no council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17646. Council Bill No. 1125 - Adopting plans and specifications for paving streets within ~ 2nd Addition to Fir1and Heights (1274), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved s~cond by Mr. Hamel that the bill be approved and given final passage. ~ Rollcall vote: All Council members present voting aye, the bill was declared passed and numbered 17647. Council Bill No. 1126 - Sanitary sewer and storm sewer within 2nd Addition to Fir-- land Heights and within 160 feet of east boundary of 2nd Addition to Fir1and Heights (1274), read the first time-on May 10, 1976 and held lacking two-thirds majority of Council members present for ~doption of emergency clause, w~s read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17648. Council Bill No. 1127 - Adopting plans and specifications for sanitary sewer and storm sewer within 2nd Addition to Firland Heights and within 160 feet of east boundary of 2nd Addition to Firland Heights, read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency:-clause, was read the second time by council bill number and title only, there being no Council member present requesting that it beread in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17649. Council Bill No. 1128 - Paving streets within Whitford Subdivision (1249), read the first time on May 10, 1976 and held lacking two-thirds majority or Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no council member present requesting that it be read in full. - 5/24/76 - 22 l'63 Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17650. . e Council Bill No. 1129 - Adopting plans and specifications for paving streets within Whitford Subdivision (1249), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17651. Council Bill No. 1130 - Sanitary sewer and storm sewer within Whitford Subdivision and in area between east boundary of Whitford Subdivision and Garden Way (1249), read the first time on May 10, 1976 and held lacking two- thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17652. e Council Bill No. 1131 - Adopting plans and specifications for sanitary sewer and storm sewer within Whitford Subdivision and in area between east boundary of Whitford Subdivision and Garden Way (1249), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17653. Council Bill No. 1132 - Paving streets within Rivertree Subdivision (1290), read the first time on May .10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17654. Council Bill No. 1133 - Adopting plans and specifications for paving streets within Rivertree Subdivision (1290), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council member present requesting that it-be. read' in full. - Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17655. Council Bill No. 1134 - Sanitary sewer and storm sewer within Rivertree Subdivision and within 160 feet of east and_west boundaries of Rivertree ~glf 5/24/76 - 23 Subdivision, read the first time on May 10~ 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the secpnd:time by council bill number and title only, there being no Council member present requesting that it be read in full. e Mr.Haws moved second-by Mr. Hamelthat~the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numberedi17656. Council Bill No. 1135 - Adopting plans and specifications for sanitary sewer and storm sewer within Rivertree Subdivision and within 160 feet of east and west boundaries of Rivertree Subdivision, read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no Council-member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17657.. Council Bill No. 1136 - Paving 11th Avenue from Bailey Hill Road to Belt Line Road (1176), read the first time on May 10, 1976 and held lack- ing two-thirds majority of Council members present for adoption of eme~gency clause, was read the second time by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17658. e Council ~ill No. 1137 - Adopting plans and specifications for paving 11th Avenue from Bailey Hill Road to Belt Line Road (1176), read the first time on May 10, 1976 and held lacking two-thirds majority of Council members present for adoption of emergency clause, was read the second time by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill -be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 1"7659. Council Bill No. 1142 - Repealing Section 7 of Ordinance 17458 (adopted 9/22/75) - deleting authorization for issuance of voters' pamphlet for EWEB bond election -peld November 4, 1975, was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved~ second by Mr. Hamel that the bill be read the second time- by council bill n~ber 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 on+y. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present votiflgaye, the bill was declared passed and numbered 17660. Council Bill No. 1143 - Calling special election on June 29, 1976 re: Levying out- side 6% limitation: For City budget - $4,357,685; for Downtown Development District - $157,532, was read by council bill number and title only, ~here being no Coancil member present requesting that it be~read in full. - 5/24/76 - 24 ~g5 e Mr. Haws 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. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17661. IV - Resolutions e - Resolution No. 2509 - Authorizing vacation of easement rights north of Souza Street (EWEB) (Far West Federal Savings and Loan) was read by number and title. Mr. Haws moved second by Mr. Hamel to-adopt the reso 1ution. Rollcall vote. All Council members present voting aye, motion carried. Resolution No. 2510 - Authorizing negotiation and condemnation for sewer easement in Skyline Loop area - 223 Barber Drive, Bartlett - was read by number and title. Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2511 - Submitting to voters at special election on June 29, 1976 two ballot measures levying outside 6% limitation: For city budget - $4,357,685; for Downtown Development District - $157,532, was read by number and title. Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2512 - Authorizing payment of bills and claims for period May 10 through May 24, 1976 was read by number and title. Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Manager called attention to cancellation of the Wesneday, May 26, 1976, committee-of-the-whole meeting because of a scheduled Council meeting that afternoon to consider sale of Bancroft bonds. Upon motion duly made, seconded, and carried, the meeting was adjourned to Wednesday, May 26, 1976, 2:00 p.m. ~n~~ City Manager d.f(' 5/24/76 - 25