HomeMy WebLinkAbout06/14/1976 Meeting
t1 I NUT E S
EUGENE CITY COUNCIL
June 14, 1976
--- Regular meeting of the Common Council of the city of Eugene, Oregon was called to order
by His Honor Mayor Lester E. Anderson at 7:30 p.m. on June 14, 1976 in the Council Chamber
with the following Council members present: Gus Keller, Eric Haws, Wickes Bea1, Tom
Williams, Neil Murray, Ray Bradley, D. W. Hamel, and Edna Shirey.
I - Public Hearings A. Annexations
1, South of Belt Line Road, north of Wildwood and Ironwood Drives (Thurman) (A 76-3)
---
PLanning Commission Recommendations - May 4 and 10, 1976
Annexation (as expanded by Commission) of area south of Beltline Road, north
of Wildwood and Ironwood Drives (Thurman) (A76-3)
Annexation of lot south of Skyline Drive, east of Barber Drive
(Stockman) (A 76-2)
Annexation of two lots north or Skyline Drive, east of Barber Drive
(Christie and Papich) (A 76-'1).
1
Maps have been distributed to Council. It was noted that tour of the properties
involved would be conducted prior to the June 9 Committee meeting.
Comm
Mr. Keller moved seconded by Mr. Haws to call hearings for June 14. 6/2/76
Motion carried unanimoUSly. Pub Hrng
Jim Saul, planner, explained the petition was submitted by the owner of Tax Lot 3000-
4.6 acres - to provide public services so the property could be subdivided and de-
veloped. Owners of the adjacent four parcels were contacted, all but one indicating
they were in agreement with annexation of the area as recommended by the Planning
e~ Commission at its May 4, 1976 meeting. The owner of Tax Lot 3100 did not agree with
the proposal, indicated he would present any objections he might have at the Com-
mission hearing, but did not appear at that time. However, a letter from him stating
his position was distributed previously to the Council. Mr. Saul continued that the
area is within the urban service area and city services can be extended to the prop-
erty, an area completely surrounded by the city.
Public hearing was opened.
I-A-l
W. N. McLaughlin, 827 Nantuclcet, speaking for Robert K. Little, owner of adjoining
property (Tax Lots 2901, 2904, 2905) noted the area was zoned as farm land in the
county. He said there were a number of trees on that property of various types
and although the owner, ready for retirement, didn't especially object to the annexa-
tion, he did feel the other properties could be annexed without including his.
He felt he should be given some time to "get things in order," especially when
neither the city nor the owners of the property wanting annexation would be in-
jured by excluding it.
Public hearing was closed, there being no further testimony presented.
Resolution No. 2514 - Transmitting to Boundary Commission recommendation
to annex area south of Belt Line Road, north of
Wildwood and IronwooJ Drives was read by number and title.
Councilman Murray asked what implications would be involved if part of the property
e was not annexed, why it was felt necessary at this time to annex it. Mr. Saul
answered that the property is now zoned RA in the county. Normally the county
would recommend annexation for development to occur. He presumed that a sewage
6/14/76 - 1
:(8~
.
disposal system could be approved making development possible. The question of
timing was a primary consideration, he said, in attempting to eliminate problems
that may arise such as deferred assessments if improvements are extended into the
area. There is also the question of determining which public agencies - fire, police,
etc. - will serve the area. e-
In response to Councilwoman Beal about Mr. Little's presentation to the Planning
Commission, Mr. Saul said the Commission had received a letter from Mr. Little in
which he stated his objections to having his property annexed now.
Councilman Bradley noted indication in Commission minutes of some disagreement among
the members with regard to whether the area petitioned for annexation should be en-
larged. He asked whether that was resolved at the time the recommendation was made
to annex the additional properties. Mr. Saul said the disagreement referred to was
a reflection of the staff's reporting the position of the owners. He noted that
the Council may elect to annex only Tax Lot 3000. However, the staff feels the en-
tire area should be annexed. He added that should the area be rediced by the Council,
the minimum recommendation would be to include Tax Lots 3000 and 3100.
Mrs. Beal moved second by Mr, Murray to amend the resolution, excluding from
the annexation request Tax Lots 2901, 2904, and 2905.
Councilman Murray felt the area referred to in Mrs. Beal's motion was relatively safe
from urban development which would remove the problem of confusion about urban
service. Councilwoman Shirey said she would support the amendment.
Councilman Keller was opposed and commented on his experience at a meeting just
this week about whether annexation was a way to afford city services. He noted recent
Boundary Commission decisions and the problem of drawing a line between those prop-
erties which should or should not be annexed. He felt the Boundary Commission e-
in this instance would look more favorably upon annexation of all the tax lots
rather than just a portion. There were enough problems in that particular area
now, he said, and if the countydid allow development and the use of septic tanks,
it would just be prolonging problems that would have to be faced eventually.
Vote was, taken on the motion to amend the resolution. Motion carried -
Council members Haws, Beal, Murray, Bradley, and Shirey voting aye;
Council members Keller, Williams, and Hamel voting no.
Vote was taken to adopt the resolution as amended. Motion carried unanimously.
2. South of Skyline Drive, east of Barber Drive (Stockman) (A 76-2)
3. North of'Skyline Drive, east of Barber Drive (Christie and Papich)(A 76-4)
Jim Saul, planner, explained that both areas were part of the area proposed for
annexation in 1974 under health oazard proceedings but excluded because the prop-
erty was vacant and the owner indicated he was not particularly interested in annexa-
tion at that time. He said review indicates a full range of urban services can be
provided to the area. The Commission recommended annexation at its May 10, 1976
meeting. Mr. Saul added that because the city is now extending a sewer line at the
rear of Tax Lots 1900 and 2000, the owners of those parcels were requesting annexa-
tion to enable connection to that line.
Public hearing was held with no testimony presented.
Resolution No. 2515 - Transmitting to Boundary Commission recommendation to
annex area south of Skyline Drive, east of Barber --
Drive was read by number aTld title. I-A-2
Mr. ,Keller moved second by Mr. Haws to adopt the resolution. Motion
carried unanimously.
6/14/76 - 2: ~g~
Resolution No. 2516 - Transmitting to Boundary Commission recom-
mendation to annex area north of Skyline Drive
east of Barber Drive was read by number and title.
_- Mr. Keller moved second by Mr. Haws to adopt the resolution. Motion
carried unanimously.
B. Liquor Licenses - New Outlets
Liquor License Application - New
Timber Valley Inn, 795 Willamette Street (RMB), Mildred Miller, Jerry and
Linda Vinson. Comm
6/2/76
Mrs. Beal moved seconded by Mr. Haws to call a public hearing Pu b Hrng
for June 14. Motion carried unanimously.
Liquor Licenses - New Outlets
Hindquarter, 8th and Hilyard (Class A. Dispenser)
Lloyd Dubois, Patrick Mulligan, James Moran
Pizza Inn, 2125 West 11th Avenue (RMB)
Raymond and Deanna Spillman
Mr. Keller moved seconded by Mr. Haws to call a public hearing for Comm
June 14. Motion carried unanimously. 6/9/76
Pub Hrng
1. Timber Valley Inn, 795 Willamette Street (RMB)
Manager reviewed the, GLCC report submitted on the application which indicated
-- seven of those interviewed in the neighborhood objected to the outlet. Staff
had no objections.
.
Public hearing was opened.
I-A-3 Manager of Barney Bagel & Suzy Creamcheese, 767 Willamette, noted the "less than
desirable" operation of a previous establishment at this location, plus another
across the street. He saw nothing that had happened that would change that situa-
tion should another license be issued. The area was redeveloped, he said, and
businessmen involved in that investment felt the proposed establishment would not
have a significantly different clientele from the previous establishment.
Mildred Miller, 2720 Chuckanut, owner of the Timber Valley Inn, commented on the
present operation - it had been cleaned up, good food was served, etc., And she
said the owners intended to keep it that way. To date, she said, there had been
no problems with any of their customers.
Public hearing was closed, there being no further testimony presented.
Mr. Keller moved second by Mr. Haws to recommend approval of the
application.
Councilman Murray saw no reason to penalize a new owner because of problems
brought on in the past by a previous owner.
Vote was taken on the motion to recommend approval. Motion carried,
- all Council members present voting aye, except Councilman Bradley
voting no.
6/14/76 - 3
;110
I
I
:1 2. Hindquarter, 8th and Hilyard (DA)
Manager reviewed the GLCC report and described the proposed establishment. The
report indicated one of those interviewed in the neighborhood objected to issuance
of the license, ten did not object. Staff had no objections. e-
i
I Public hearing was held with no testimony presented.
,
I
I Mr. Keller moved second by Mr. Haws to recommend approval of the
application.
Councilman Bradley thought it might be advisable for the city to abstain from
making a recommendation because of EWEB's being the lessor for the proposed es-
tablishment. Stan Long, assistqnt city attorney, knew of no reason why the city
should abstain. He said the question had to do with policy or was one of a per-
sonal nature for each Council member, not one of legality. Mr. Bradley stated his
intent to abstain because of the connection between the city and EWEB.
Vote was taken on the motio~ as stated. Motion carried, all Council
members present voting aye, except Councilman Bradley abstaining.
3. Pizza Inn, 2125 West 11th Avenue (RMB)
Manager reviewed the GLCC report which indicated one of those interviewed in the
neighborhoood objected to the license, eight did not object. Staff had no ob-
jections.
Public hearing was opened. I-A-4
Robert Poppen, 1980 Carmel Avenue, realtor representing the owner of the property
being leased to the Pizza Inn, offered to answer any questions about the physical
facilities or plot plan, parking, etc. e--
Public hearing was closed, there being no further testimony presented.
Mr. Keller moved second by Mr. Haws to recommend approval of the
application. Motion carri~d unanimously.
C. Requests for Rate Increases
1 ." Ambulance
Increase in the ambulance rates was recommended by a committee comprising Council-
man Hamel and staff members from Eugene and Springfield staff members and Council
representative. Manager noted tentative action of the Eugene Council (see May 24,
1976 minutes) to approve the increase, changing the recommended $62.50 base rate
to $55.00.
Public hearing was held with no testimony presented.
Resolution No. 2517 - Establishing ambulance rates was read by
number and title.
CouncIlman Bradley asked Councilman Hamel for a summary of the committee's recom-
mendation since there was no testimony presented. Councilman Hamel called atten-
tion to the committee minutes of May 19, 1976 and summarized recommendations as
contained therein.
Mr. Keller moved second by Mr. Haws to adopt the resolution. Motion -~
carried unanimously on rollcqll vote.
6/14/76 - A
~'ll
--
2. Taxi
-
Taxi Service Rates - Memo and report have been distributed to Council regarding
request for rate changes by Terminal Taxi and Eugene Taxi.
e The recommendation is for a change from 709 to $1 for the first 1/7 mile. Staff
has conducted rate comparisons with several other cities which have indicated
the rate increase would be appropriate.
Mr. Haws wondered why the City controls the rates.
Assistant Manager explained there has been a history of cabs not being able
to sustain themselves if in a major rate competition. In most cities the City
establishes rates to ensure taxi service. It would be necessary to amend the
code if no controls are desired over rates and regulations. He added that he
has not heard of a city where there were no city regulations.
Hr. Williams wished staff to explore further whether there are any cities which
have abandoned the regulation of taxi rates.
Finance Director noted that his department had not this time reviewed the
books of the taxi companies in question, but the last time an increase
was granted the books were in order and a rate increase appeared justified.
Mr. Keller moved seconded by Mr. Haws to set a public hearing for Comm
June 14. Mbtion carried unanimoUSly. 6/2/76
Pub Hrng
Manager briefly reviewed proposed taxi service rates as set out in proposed
resolution, copies of which were previously distributed to Council members.
_-- Finance Director also reviewed the rate structure, saying they were com-
parable to taxi rates in other Oregon cities and the northwest generally.
He noted the issue raised in committee meeting with regard to whether the city
should regulate taxi rates and to what extent, calling attention to memo
previously distributed to Council members.
Public hearing was held with no testimony presented.
Resolution No. 2518 - Establishing taxicab rates was read by
number and title.
Councilman Bradley doubted the wisdom of adopting new rates when a lot of
people rely on taxi service for transportation but no public discussion was
held - very little at the committee-of-the-whole meeting, and none at this
meet ing, he said. He thought there should be some delay to give the oppor-
tunity for public testimony on the rationale of the increase. Mayor Anderson
commented that public hearing on the proposed increase was advertised in the
local newspaper and heard on at least one radio station.
Vote was taken on the adoption of the resolution. Motion
carried, all Council members present voting aye, except
Councilman Bradley voting no.
I-A-5 D. Appeal from Planning Commission denial of rezoning southwest corner of
11th and Patterson fromR-4 to H-Historic (Calkins House)(Z 76-1)
Manager explained that the Calkins House property had been sold and the new
e owners are hopeful it will have the H-Historic designation since it is their in-
tent to restore the house. Manager said that the former owner, Harry Ritchie,
indicated he would like the Council to delay action until he could be present,
although that request had not been submitted in writing. Staff recommended re-
ferral to the Planning Commission for reconsideration of its previous action.
6/14/76 - 5
~<Jot
Public hearing was opened.
Ed O'Reilly, 1358 Oak Street, representing the new owners, asked that the staff
reco~endation be approved, that the Council refer the matter back to the Plan-
ning Commission for consideration of changing the zone on the subject property e-
to H-Historic District.
Public hearing was closed, there being no further testimony presented.
Mr. Keller moved second by Mr. Haws to refer this item back to the
Planning Commission for reconsideration. Motion carried unanimously.
E. Request for conditional use permit moratorium on area between Pearl and High I-B-l
and between 1st Avenue (High Street extended) and east/west alley south of
3rd Avenue - East Skinner Butte Friends and Neighbors
Manager explained that the Planning Commission on April 13, 1976 after review of
the request with no decision asked that the Council give it consideration.
Gary Chenkin, assistant planning director, said that the Commission thought the
Council in its consideration should be aware that if the moratorium was put into
effect;, conditional use permits in the designated area could not be processed
during the time the refinement plan was being developed, which would take about
a year to complete. He explinaed the positions emerging from the Commission
hearing - in favor: a moratorium would help prevent conversion of the area prior
to adoption of a refinement plan, holding existing uses until the plan is adopted;
the area is one of the few purely residential areas in the city close to downtown,
employment centers, university, etc.; precedent had been established with mora-
toriums previously imposed in areas such as Goodpasture Island and the South
Hills - opposed: no development pressures are occurring now in the area, hence
no need for a moratorium; official hearings on conditional use permit applica-
tionswould afford consideration of all merits before any change was made. e
Mr. Chenkin said there was some hesitancy to adopt a "moratorium on an individual
case"basis because of staff position that the neighborhood should be considered
as a whole. Manager added that the moratorium was supported by the Historic
Review Board.
Public hearing was opened.
BrianSimonitch, 208 East 2nd Avenue, noted that a clinic had been granted a
conditional use permit to locate in the Skinner Butte area after hearings before
both the hearings official an4 Planning Commission. However, it had not been
constructed because of objections from residents of the area. They were in-
terested in protecting the area from steady encraochment of incompatible uses.
Also, in encouraging further residential development. Mr. Simonitch said this
area was the only residential area ~ear to downtown, other than low-income
housing, and should be preserved. He said the original request was for a mora-
tori.um to prevent further nonresidential type development until a refinement
study ~as completed, but he woqld support also a moratorium on zone changes,
then when the plan was completed, land uses for the entire area could be considered.
Others speaking in favor of the moratorium were David Filer, 235 East 3rd Avenue;
Howard Dixon, 180 High Street; Robert Zink, 380 High Street; Tom Jones, 303
Willamette Street; Jim and Tom O'Malley, 224 East 2nd Avenue. Mr. Filer called
attention to property values in the area which he said were based on recent sales
and resulted in residential owners being assessed for nonresidential uses.
Mr. Dixon and Mr. Zink noted the high percentage of older homes in the area which e-
could be of historical value if the neighborhood was preserved. Mr. Jones noted
the city's goals statement of trying to preserve the residential quality close -~
to downtown and said this area would fit ideally with that statement. He noted
6/14/76 -6
~~3
also the financial burden in terms of land assessments based on uses other
than residential permitted in the RG zone. He felt the issue was not one of per-
mitting new buildings, rather it was keeping a balance between residential and
nonresidential uses in an area where one could live near to work and downtown.
e Jim and Tom O'Malley were interested in maintaining the present primarily
residential character rather than seeing an area of other than residential
uses surrounded by older homes.
Mr. Simonitch commented on the amount of neighborhood improvement that had been
occurring in the area. Most of the residents there, he said, were people-
oriented; they wanted to keep the single-family homes and see less new construc-
tion in the area.
Public hearing was closed, there being no further testimony presented.
~Iayor Anderson complimented those giving testimony on their presentation and
enthusiasm.
Mr. Keller moved second by Mr. Haws to approve a moratorium to be
effective to July 1, 1977, and direct staff to prepare an ordinance
for Council consideration.
Councilwoman Beal hoped the motion would rcceive unanimous support because of
the improvement in the character of the Skinner Butte neighborhood. Counei Iman
Murray thought the area warranted H-Historic designation and regretted that it
was not included as such. He supported the moratorium for that reason as well as
the fact that development pressures in the area, as in any older neighborhood,
were immense. He said that any attempt to save a neighborhood of this type
should be encouraged and reinforced.
e Councilman Haws wondered if direction to prepare an ordinance effecting the
moratorium could be rejected at a latcr meeting. Mayor Anderson, however, thought
that if a motion carried giving such direction, it would indicate support of the
request generally.
Councilwoman Beal noted the possibility of getting some reduction in property
taxes for single-family homes in zones other than R-I.
Councilman Bradley thought criteria should first be established on which to base
any decision with regard to moratoriums. He noted land-use questions - conflicts
with the 1990 General Plan - had been raised in the 40th and Donald issue and in
considering the downtown westside area. In any event, he thought there should be
some criteria on which ~o base a decision such as this. He recognized the condi-
tional use process now provides protection for the Skinner Butte area, but he
thought decision should pe delayed until some criteria was developed. Mr.Bradley
continued that he considered the conditional uses that might be permitted in the
area would perform a service for the total public - not commercial uses, but
those such as nursing homes, retail outlets, etc., that would not have an adverse
effect for people living in the area. He urged careful consideration of the
motion in terms of establishing precedent in other areas of the city.
Councilman Murray didn't see the moratorium as setting precedent. It was not
radically different, he said, from that put into effect in the South Hills or
the Goodpasture Island area. The proposed moratorium in the Skinner Butte area
was for a limited time period for a very small area. He took note of policy al-
- ready stated that institutionalized social services should be distributed and
not concentrated, and he felt that should apply to this area as well as to the
rest of the city.
t/14/76 - 7
~'Af
Councilwoman Beal pointed out that some conditional use permits would be disastrous
for this area - a parking lot, for instance. She said there was a great deal of
precedent for moratoriums, but only when refinement studies were underway, as ln
this case. Councilman Murray suggested that staff should bring a list of cri-
teria to the Council along with the ordinance effecting the moratorium, this list .
to cover the gist of the Council discussion.
Vote was taken on the motion to approve a moratorium as stated.
Motion carried - Council members Keller, Haws, Beal, Murray, and
Hamel voting aye; Council members Williams and Bradley voting no;
Councilwoman Shirey abstaining.
F. Bids
~arks Department - Lighting in Skinner Butte Park
Turf at Edison School (opened June 9, 1976)
Lighting Clarke Electric $ 2,226.00
Builders Electric 2,179.40
Scofield Electric 1,997.00
Lane Electric 1,874.00
Hamilton Electric 1,768.92
Office Estim~te $ 1,920.00
Turf Base Bid Al t. #1 Total
- Wi1dish Construction $ 19,842.90 $ 2,200.00 $ 22,042.90
Shurway Contractors 19,085.00 4,850.00 23,935.00
JOB Landscaping 14,738.50 3,750.00 18,488.50
*Emerald Landscaping 14,635.00 750.00 15,385.00
*This bid not accepted for lack of bid bond and failure
to list line item costs on bid form. e-
Office Estimate 13,020.00 1,350.00 14,370.00
. Manager reviewed bids. Staff recommended contract award to the low bidder
on each of the projects.
Public hearing was held with no testimony presented.
Mr. Keller moved second by Mr. Haws to award contracts to the
low bidders on each of the projects, that on turf at Edison
School awarded on the base bid only. Rollcall vote. Motion
carried, all Council members present voting aye.
2. Public Works Department - Various Improvement Projects (opened June 8, 1976)
Cost to f'\r...~:lt
~am.. ~! Bidder and Project Contract Cost Abutting Prop. C.:llt to City Budseted
P.Wt~;r., 5A'\I:-.-\~'( sr.~F:n l. STORM Sf,'rJER:
1. ".Iith1n 2nd Addition to panor-ama View and ~anitary
sel.\'<!t' anc s:orr-. sewer to serve property withtn
160' of L-.. 100Hh houndary of 2nd Addition to
P.1norac-& \"!e'" (1247)
I, Ulldis~ C~~str-uct[nn Co.,........................... ..$142,1'0. ~O.............. ..... .28' 'av,...... .$19.25/P'F.....,....... 0...... ,.. .'0....... .0.......
2. rugI'M S.lnd 6 Gravel. Inc.............................$156.419.95 36' P...,........$22.J5/H
3. Dan A.!sup Ct)ntractor. Inc............................$164.969.50 San. Lat.......$ a.13/SF
4. Kl'n Bostic',(, Construction Company..................... .$116,089.65 San. Serv..... .$98.00/EA
Storm Se.wor.. $695.00/Lot
COMPLETIO:i DAtE:: Septemher U. 1976
2. \..'Ithln Velko~Jten Park and sanitary and ~torm
se\o1ers to serve propcrty within 160' of the
north .r.d ",est bound,Hies of Velkollllllen Park. e
(1199)
~ Al.TERNAT! 1510
1., Eur.ene Sand 6. Cravel. Inc........... .No Bid.............. .&66,429.80...... ......... .28' P4V....., .$17.85/FF............... .0............ t...'.,.. .0......
2. Wlldist- Co;,structlon Coa'pany........$67.907.86............$66.822.10 . San. Lat......$ a.OB/SF
J. Babh Construction Co. db4...........$69.971.8~..q........No Biel San. Serv... .SI90.Da/EA
Delta Co:utcuct{on StorlD Sewer. $85.00/Lot
4. Ken SOHick COnstruction Company....No Bld......."........71.956.20
COHPLETION DATe: hptclrlbu". 1976
6/14/76 - 8
1.'\5
p,Wl';r $MllT;.".'( H'~.n. ~T(~n}l 5-:'~R /) f~.or5B-I^N L.'AY:
1. \.Ilttl1n Coralr P..~k Su~divlslon and saoltary
scwar a,..d .torl"'l .el,'er to serve prnpl!rt;.' w1tnin
HO hu o[ the U'lit bound..ry 01 Couly P.\rk
$ubdiY1lion (l2JR)
"'i5le "In At.Tf.!l!-lATP. ,un
I. L.'lldtlh C:onstrllctlon COltlp..nr.. .......$60.0dll.21...........,$H.6UI.OO... ..............28. P.v......SJ2.90/rr...... ..5tor. ..ver..f14.0S0.00....I)..or.
- 2. H 6. J Construction CO.,I'..ny............$~1.t-l!5.16......."...S62.l!n.40 San. l....t.....$ D..6S/SF
3. Ken Bosticw. Construction CO~r"any......No Illd................$61.182.85 Sa". Sl!rv.. .StH.OOtCA
'. Eurc\'ll S.nd E. Cr.lvl!l. Inc.............tlo Bld................$66,521.89 Stann Sevn.S2.115.00/Lot
,. Dan Alllup Contru:tor. InC',...........~o Bid................$72.0a.81 Peel. Way.... $ 120. aD/Lot
C0!1PL.~T10:1 C^Tt: Scptll'lber 15. 1916
.-....
5TtQ.t sr.-r.ll::
4t. ael\.-een CIlta I!lGhw.y and Horllentle !toad
froo Grrcn Acr.. Road to 1I011y Strut (12H)
1. Ken "o.tlck Conatructton C.)fflpan)'..... .$lt.:\~O.lO............,... .........,.......,... ....,a60.00/Lot.. ..,..................... .0.................. ,. .0..
1. Wlltil.,h Cor.~lructlnn Crllnr.\ny..........Sll.1n.OO
,. [,:er.ld f.xclIvUlna and Conuructlon,..$12.048.60
4. tu[cne S..nd 6. Cr.ve1. tr.c.............$12.0)?90
~. P." Allllul' Conlfllctor. Inc,........."SI2.H2.19
6. J.". Itlll............................ .$12.847."1
1. ~or.., Grcen Ind 50n'...................$I].103.10
a. H ll. J Conuructlon COl'llp.ny............$ll.151.00
,. L.D. VanOver Constnu:tloQ IQc.....,...SlS."'~6.46
COKPLCTION DATll AUluU 1. 197'
Don Allen, public works director, reviewed the bids. Contract award was recollllllcnded
to the low hidder 011 each of the projects, with No. il - storm sewer he tween Delta
and Norkenzie, Green Acres to Holly - awarded subject to :Jpproval of the developer.
Public hearing was opened.
.Jim Smi th, 1322~ Waite Street, inquired about the 12% that was not included in the
petition and about the assessment for the street behind his property on No. 3 - paving
and sewers III Coraly Park Subdivision. Mr. Allen answered that only the property on
Bertelsen which had not been assessed previously for sewer services would be included
1n this proj ect.
- Public hearing was closed there being no further testimony presented.
Mr. Keller moved seconded by Mr. Haws to award contracts to the low bidders on
each project as re commended. Roll call vote. Motion carried, all Council
membe rs present voting aye.
II - Adoption of findings supporting denial of rezoning area at 19th and Jefferson -
From R-l to C-l (LICO Corporation)(Z 75-18)
Denied by the Planning Commission January 6, 1976 on a 3:3 vote. Council , after
public hearing, voted May 24, 1976 to deny the rezoning and requested preparation
of negative findings. Staff has prepared findings and distributed to Council at
this meeting.
Ed 0' Reilly, 1358 Oak Street, attorney representing the applicants, took the position
that the Council could not act on the issue in its present form, that the Council was
making findings without a hearing with respect to areas of neighborhood commercial
uses and with respect to the General Plan. He said whatever position the Council took
would be contrary to ordinance and statutory provisions on matters of public hearing.
Stan Long, assistant city attorney, responded that the Council was technically in a
deliberation stage, that the applicant has the burden of proof. The applicant, he
said, was permitted in extensive public hearings before both the Planning Commission
and the Counei 1 to present whatever evidence he felt necessary in resolution of teh
issue. Mr. Long said there was no legal reason that would preclude the Council's
- concluding the matter at this time. It has the option to adopt the negative findings,
reject them, or modify them in whatever way felt necessary to fit the evidence pre-
sented and make a decision in accordance therewith.
6/14/76 - 9
~96
Mr. Haws moved second by Mr. Murray to deny the appeal and adopt by
reference thereto findings supporting denial of rezoning the southwest
corner of 19th and Jefferson to C-l
Councilman Keller asked for clarification of procedure, noting that the ordinance _-
which would have rezoned the property had been held on second reading. Mr. Long
explaineq that the Council had the obligation to dispose of the issue in one way
or another. The motion to rezone failed, which does not mean the opposite result
follows. The next motion to deny the rezoning carried as did the mo,tion to pre-
pare negative findings. If the motion now before the Council fails, he said, then
another motion would be needed.
Councilman Williams declared his intent to abstain because he had not been present
at all of the meetings at which this issue was discussed, nor had he reviewed the
minutes and testimony presented.
Councilman Bradley asked whether the current motion was appropriate in view of the
previous motion to "approve denial." He wondered whether the motion should be only
to support the denial by adopting findings. Mr. Long said it had been pointed out
to the Council that a motion approving or denying rezoning unaccompanied by findings
is, in effect, no motion at all. At that time, staff was directed to prepare nega-
tive findings for consideration by the Council, and it is now incumbent upon the
Council to dispose of the matter either on those findings or by requesting prepara-
tion of Others.
Further discussion took place between Councilman Bradley and Mr. Long with regard
to legal procedure in disposing of the rezoning request, whether the findings pre-
sented could be adopted, or whether a motion was necessary to reconsider previous
action. No further or substitute motion was offered.
Vote was taken on the motion to deny the appeal and adopt findings _--
supporting the denial of rezoning. Motion carried - Council members
Haws, Beal, Murray, Bradley, and Shirey voting aye; Council members
Keller and Hamel voting no; Councilman Williams abstaining.
III - Items acted upon with one motion after discussion of individual items as requested.
Previously discussed in committee'on June 2 (Present: Mayor Anderson; Council
members Keller, Haws, Beal, Williams, Murray, Bradley, Hamel, and Shirey) and
June 9, 1976 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams,
Murray, Bradley, Hamel, and Shirey). Minutes of those meetings appear below
printed in italics.
A. Appointments
1. MAPAC - Council subcommi ttee, composed of members Murray, Hamel and Shirey,
met and reviewed applications. Resulting recommendations were:
Reappointment of Mary Sherriffs and appointment of Robert Robertson and
Stephen Wood to fill terms ending June 30, 1979, and Nancy Hindman to
fill balance of term ending June 30, 1978. Alternate recommended was
Duane Shears. Corom
6/2/76
Mr. Murray moved seconqed by Mr. Hamel to appoint as Approve
recommended. Motion cqrried unanimously.
2. Eugene Renewal Agency - One vacancy to be filled by Council after review
of applications only. .
Mr. Murray moved seconded by Mr. Hamel to reappoint incumbent
6/2/76
Harry Farrell. Motion carried unanimously. Approve
.
6/14/76 - 10
A<<\1
B. Liquor License Renewals - 1976-77
Retail t.1alt Beverage - Emerald Baseball, 2000 Block Willamette Street
Maher's House O'Blarney, 1030 Highway 99N
Pizan's, 1225 Alder Street - and adding husband's name
e- Amber Inn, 1466 West 7th
Package Store - Amazon Food Market, 1815 West 11th Avenue
Warehouse Foods Stores, 2101 J"est 11th Avenue Comm
Northwest Wine and Cheese, 767 Willamette 6/2/76
Approve
Class A Dispensers - Foo's Restaurant, 2200 Centennial Boulevard
Hide-a-way, 796 Highway 99N
Villa Roma Restaurant, 440 Coburg Road
\Vorld's Fare Restaurants, 252 Valley ~iver Center
j)izza Aurelio, 2890 Willnrnette
Staff find all in order. Affidavits of nondiscrirriination are on file.
Mrs. Bea1 moved seconded by Nr. Williams to recoMl1end approval.
Motion carried unanimously.
Liquor License Renewals - 1976-77
Retail Malt Beverage - The Keg Tavern, 4711 West 11th Avenue
Package Store - 7-11 Stores, 2777 Friendly Street, 1316 Alder Street, 445 Coburg
Road, 588 West 7th Avenue, 2270 West 18th Avenue.
e Restaurant - Mocny's Barbecue, 1976 Garden Avenue (Restaurant)
Class A Dispensers - Excelsioz- Cafe, 754 East 13th Avenue (adding wife'..> nam~)
Club Crosstown, 1797 West 7th Avenue
Mr. Keller moved seconded by Mr. Murray to recommend approval. . Carom
NotLon 6/9/76
carried unanimously. Approve
Add: Corner Cupboard, 4690 Royal Avenue - Package Store Approve
C. Improvement Peti tions
1. Paving, Sanitary Sewer and storm sewer within Nordian Park Subdivision (1281)
46.6% of assessable area outside Subdivision.
2. Paving, sanitary sewer and storm sewer within Piney Woods Subdivision (930)
27% of assessable property for paving costs not represented on petition.
3. paving, sanitary sewer and storm sewer within Concord Plat (1272)
City storm sewer cost $5,000. Comm
i Mr. Keller moved seconded by Mr. Haws to approve the petitions. 6/2/76
Motion carried unanimously. Approve
e D. Agreement with Southern Pacific - Letters from EWEB and map have been distributed
t:o Council. The agreement covers an easement for a new public crossing at 8th
and Hilyard to serve a new restaurant, "The Hindquarter". The property is
owned by EWEB who will pay all costs of improvement of the crossing.
6/14/76 - 11
#-..CJe
Mr. Bradley wondered why the public, through EWEB, pays for a crossing that
will be serving a private enterprise.
Mr. Stadler, EWEB, explained that EWEB paid $130,000 to the Hindquarter who had e
purchased the property from Northwest Natural Gas. EWEB has a l2-year lease
with the Hindquarter. At the end of that time, if EWEB needs the property, then
the entire property and quarter million dollar improvements will revert to EWEB.
Mr. Stadler said a grade crossing is necessary for entry and egress of City
equipment and is not exclusively for the use of the Hindquarter.
Public Works Director noted the improvement on the crossing is on a public
dedication, not on private property.
Mr. WiLliams wondered if EWEB legally can be a landlord for the restaurant. Mr.
Stadler responded that EWEB's general counsel approved the arrangements and
gave such assurance.
Mr. Bradley would hope that, on the property EWEB is leasing to the Hindquarter,
EWEB is not paying the ad valorem property tax. Mr. Stadler answered that, in
addition to the lease, the Hindquarter will pay all real property tax and
fire insurance.
Corom
Mr. Keller lOC)ved seconded by Mr. Haws to authorize execution of the 6/2/76
agreement to secure the easement. Motion carried unanimously. Approve
E. Ad Hoc Youth Comrndttee - Memo and reports have been distributed to council.
Jim Williams, member of the Youth Ad Hoc comrndttee, said their committee has
been working on a proposal since February; they held a public hearing on
April 7 and they were hoping to appear before the City Council before school -
was out for the Summer. They are requesting a hearing b~ held at the earliest
possible time.
Pierre ~an Rysselberghe, committee member, noted the number of youth at "today's"
meeting and added they have aLl. s.poken in favor of a Youth Rights Commission.
Mr. Murray wished feedback on whY a corrunission was feit to be the best avenue
to pursue.
Jim Williams said the consensus was reached by the Ad Hoc Corrunittee that any
other arrangement would not giva that age group equal representation and input
into the corrununity, and they ara ~sers and receivers of many services provided
by the city. They recommend the protected class be those from 18 to 25 with
advocacy and educational programs for the 13-18 age group.
Mr. Bradley lOC)ved that a special hearing be set for a date before
school is out on June 11. Motion died for lack of a second.
Mr. Keller moved seconded by Mr. Hamel to set a public hearing for June Comm
28. 6/2/76
Approve
Mayor Anderson fel t some informat:ion was laCking in the proposal invol ving
structural components of a youth commission. He asked that details be included
in some of the problems to be considered, possible solutions and some of the
responsibilities and relationships to the community. Since Council decides on -
the structure, he said, it needs some idea of what the commission's activities
would be. Jim Williams agreed to supply the information requested.
Vote was taken on the motion which carried unanimous~y.
6/14/76 - 12 ~'1~
F. Guidelines for Financial Assistance on Historic Landmarks - Proposed resolution
has been distributed to Council. Agreement needs to be reached for a maximum
spending limit in special hardship cases. The normal limit is $5,000.
e Joyce Benjamin, City Attorney's office, said the code provision states that
a n~ximum limit must be set. Without that limi t, the code would have to be
changed.
Mayor Anderson suggested that $20,000 would seem reasonable for special
hardship cases. Nr. Murray ~.,ould hope, however, that the initial principles
would be adhered to in every possible instance, i.e. that money be provided
to encourage rehabilitation but not to completely fund it.
Nr. Bradley noted that, ~n the prol~sed resolution, Section I (2) states
"unusual" circu~stances and Section 1 (3) states "special" circumstances. He
would favor making the wording consistent.
It was the consensus that the word "unusual" should be used
throughout.
Mr. Keller moved seconded by Mr. Williams to set a $20,000 limit On cases Comm
invol ving unusual circumstances and that the guidelines as proposed 6/2/76
be adopted. Motion carried unanimously. Approve
G. Charter Revision Schedule - Memo from Manager suggesting schedule for reviewing
the charter revision draft has been distributed to Council.
Suggested dates for Council discussion are June 16, 23 and 30. Council
deliberations would be held June 30-August 9, with a public hearing on July
- 12. Ad hoc Council subcomndttees dealing with areas of special concern would
-- present reports and recommendations at the August 4 Committee meeting and a
second public hearing would be held on August 9. August 16 would be the deadline
for Council action if the charter is to be presented to the electorate at a
special election on the suggested date of September 21.
Mr. Murray wondered if there would be substantive changes; Assistant Manager
answered that, as a general principle, the adjustments are mainly to remove
procedural language. There ~re gray areas, he added, on what is substantive
and what is editorial and the Ad Hoc Comndttees were to deal with substantive
change areas.
Mayor Anderson felt that, if there were highly devisive issues, it would be
Council prerogative to determine which should be isolated or if they should
appear on the ballot. Two vital areas would be the relationship with EWEB
and collective bargaining. Mrs. Beal felt the area of assessments was vital as
well.
Manager noted there is a great deal of detail in the charter on assessments. He
also mentioned the effective date of the completed revision, if adopted, might
be postponed for perhaps nine months so that all ordinances might be appropriately
worked out.
Mrs. Beal said she would be very reluctant to work on such areas as collective
bargaining, freeway amendmen t, etc. without having full presentation by
parties on the other side. Staff agreed and indicated that was one of the
e reasons for using the Ad Hoc Committees. Comm
Mr. Williams moved seconded by Mr. Haws to accept the charter review 6/2/76
calendar as proposed. Motion carried unanimously. Approve
6/14/76 - 13
000
-
H. Tr i-Agency AgreeIlEnt on Dog Con trol - Updated copies of proposed contract have been
distributed to Council.
Dave Jordan, staff member on the Tri-Agency Committee, sa,id two issues were addressed.
One deals with allowing the Tri-Agency Authority to build the pOLmd; the other deals
wi th re~iew and af!proval of the ac~ua~ contract setting up the ~u~hori ty _ On ~Jay 18,_
the adv1.sory comnu ttee approved bU1.ldlng of the pOW1d by the Trl-Agency Authon ty
for three reasons: 1. Cost - it is expected to save the public $459,000 over a
20-year projected life of the pOW1d. 2. Location - the nmv suggested site (Glem.;ood)
is more centrally located. 3. Coordination of services.
MI. Bradley noted that there are blo issues to ,resolve. Council should decide
whether to authorize the Tri-Agency Authority to establish the pOW1d, at a site
to be decided, or reta~?~the present ar~~ngement.with the Humane Society. In that
regard, ,Mr. Bradley noted he had opted for the Hu~ne Society retaining
control because of the ~uality of service. Concerns about the Tr i-Agency
,1iuthori ty controlling are minimized, however, because they would be
administering the pound under National Humane Society guidelines). Also,
Council is requested to look at the agreement between the three jurisdictions
and, at the June 16 Committee mee,ting, decide whether it desires to becoIlE a
party to, the agreement. The management board will be composed of the chief
administrator of each of the ,three jurisdictions.
Mr. Williams raised a question re: Mr. Bradley's opting for Humane Society
administra tion. Mr. Bradley said it seems that non-profit, private agencies
can usua1-ly provide service less expensively than government agencies.
However, staff estimates the Humane Society's cost to be more than Tri-Agency
cost.
Asst. Manager explained that the difficulty with the Humane Society has been
the question of accountability on expenditure of public funds. They have -
proposed to provide service for $90,000 but have not been willing to discuss
how that figure was developed. It was concluded by staff that it would result
in lower costs to consolidate enforoement and pound operation.
Mrs. Shirey wondered about the difference in service between the Humane Society
and what the Tri-Agency Authority has proposed. Mr. Bradley said the minimum
level under National Humane Sooiety Association standards is proposed by the
Tri-Agency Authority and will ooncern dog control only. The Humane Society
presently handles more than dog control operations - they include programs
on animal education, animal abuse, etc.
Gene Emge, 2505 W. 11th, accountant for-the Humane Society, noted the August,
1975, Humane Society budget figure was $118,000; an interim amount was later
calculated at $102,000 and the final budget set at $74,700. He also noted the
meager staffing and hours worked and expressed doubt whether the Tri-Agency
Authority could effect as great a cost savings as is projected.
Mr. Jordan felt the lower costs would be due to coordination of services.
Mr. Keller moved seconded by Mr. Haws to approve the concept of the Comm
Tri-Agency Authority's building the pound facility. Motion carried, 6/9/76
all Council members present; voting aye except Mr. Bradley and Mr. 'Approve
Williams voting no.
I. Vacating CaIlEron Court between McLean Blvd. and 34th (Storms) (SV 75-3)
Recommended by Planning Commission April 26, retaining PUE !or existing water 4'
main. Map has been distributed to Council.
Carom
Mr. Keller moved seconded by Mr. Haws to call a public hearing for 6/9/76
July 26, 1976. Motion-carried unanimously. Approve
6/14/76 - 14
,30r
,
J. Cooper-at ion Agreement Between ERA and Cj ty - Copy of cooperation agreement
has been distributed to Counc,i,l members. The city has Agreed that ER4 shall
continue in existence until completion of the Central Eugene Project and any
future projects dealing with downtown redevelopment activity within and !';ithollc
e the Central Eugene Project. Council ,may, however, terminate the' agreement at
any tirre. The agreement provides arrangements for transfer of some ERA
employees to city staff. As of July 1, the HCC Department Director will become
the executive director serving the renewal agency.
I Mr. Murray requested staff comment on how the agreement would affect the
continued operation of the HCDC, particularly regarding staff support.
Manager commented there remains in the budget approximately $115,000, to be
I
paid the ci ty for staff services for the renewal agency. The balance is held
i by the agency and will be co~tted by the closeout agreement to the downtown
project.
Mr. Murray wondered how the operation could be closed out and yet continued with
renewal funds.
Manager said that closeout affects the urban renewal process that has been
followed, with certain patterns which stipulate that federal approval is
necessary along the way. After closeout, available money must be spent in
certain ways but periodic federal approval, as required in the renewal process
! of the past, will no longer 11e nece!?sary.
Comm
It was understood that the agreement would be brought to the 6/9/76
June 14 Council meeting for approval. Approve
Manager noted the presence of HCC staff and ERA members to respond to questions
- or discuss the agreement if desired by the Council.
e
K. Council minutes - March 22 and 24, 1976 as circulated Approve
L. City Services P~iorities Committee - After discussion, it was agreed
that Mayor Anderson would appoint the committee to consist of One council Comm
member, one planning cOlTU1lJ.ssioner, One human rights council member,
one ~ud~et committee member and One lay housing and community development 6/2/76
comm~ss~on rrember. Affirm
M. A pointment - Charter Revision Subcommittees - Mayor Anderson appointed charter
revision subcommittees as follows: Freeway Amendment Subcommittee - Mr.
Bradley and Mrs. Shirey; EWES - Mrs. Beal and Mr. Hamel; Collective Bargaining _
Mr. Murray, Mr. Haws, Mr. Williams and Mr. Keller _ Comm
6/9/76
N. Cottage Grove Action on Senate Bill 1 - Mr. Bradley referred to correspondence Affirm
distributed to Council from the city of Cottage Grove stilting the citizens of
tha t cOIl"Inunity have reacted very strongly in opposi bon to Senate Bill No. 1.
The Cottage Grove City Council has sent a resolution to Congress, along \'/i th
many petitions, hoping to kill the bill. Mr. Bradley wishes Council to Conun
review the resolution and discuss at the June 16 Committee meeting whether to 6/9/76
take similar action. The staff is to provid2 information. Affirm
O. Joint Council-Planning COmnUssion - ERA meeting - Manager announced a joint
meeting with the Planning Commission and ERA, to consider Blayney and Kayser
! reports on the Downtown Westside, to be held ThurSday, July 8, 1976, at 7:30
p.m. in the Council Chambers. Mr. Porter hoped Council will chair the meeting,
e with the Planning Commission and ERA Officially in attendance but not taking Comm
action at that time. Neighborhood organization advisory group, Down town 6/9/76
Development Board and Chamber of Commerce were to be invited. Affirm
6/14/76 - 15
3o~
Street Assessment Comrndttee - Mrs. Shirey wondered when the street assessment Comm
P. 6/2/76:
comrncittee would meet. Manager replied that Council should be receiving a File
packet of material by the June 9 Committee meeting, that perhaps a date could
be set at that time.
Assessment Policy Review Committee - Meeting of assessment policy review 6/~.
committee is scheduled for 3 p.m. June 14. Staff information was distributed
to comndttee members Beal, Hamel, Shirey and Mayor Anderson. File
Q. Diseased Trees Polic~ - Mrs. Shirey wondered if a city policy existed concerning
diseased trees on private property - does the city exercise any controls?
Parks Director replied there are certain types of fruit trees that are Comm
required by State law to be sprayed. However, it would be almost impossible, 6/2/76
he said, for private spraying outfits to meet the demand. In answer to Mrs. File
Shirey, staff could see no objections to the street tree comrndttee giving
discussion time to the subject ~hen they meet.
R.Plan Policy Update Committee Report - Mr. Corom
Bradley requested time on the June 6/2/76
9 Committee agenda to give a status report on the 1990 Plan Policy Update File
Conmilttee meetings. There were no objections.
~atus Report on 1990 Plan Update - (Tentative recommendations of Metropolitan
Plan Policy Conmilttee distributed to Council by Mr. Bradley). Mr. Bradley
explained that Some tentative action has been taken in meetings of the committee
on which he serves as Council representative. The committee has isolated a Comm
geographic area for study of transportation, employment, housing, etc. 6/9/76
The study area is for information gathering purposes only. After that is File
completed, the 1990 Plan boundaries will be determined. The study area
boundary is similar to the original Plan boundary, though expanded in some places.
Another area of concern, said Mr. Bradley, is the target date - should goals .-
be long range or intermediate. Tied into that to be considered after a
target date is determined is ~hether the plan should be flexible or a little
more predictable and concrete. Mr. Bradley noted that staff has recommended
the year 2000 as a target date, mainly because other plans, i.e. sewer,
transportation, etc. are geared to the year 2000. He concluded that bylaws
of the committee were tentatively adopted, stipulating among other things
that there will be no voting by proxy.
Mr. Porter announced that the State- Land Conservation and Development Commission
has notified Eugene that $100,000 in state funds is being reserved to assist
in the update and that will help to get the plan in compliance with statewide
goals and guidelines.
S. Budget Letter Error - Manager noted an error in ~ budget letter addressed to Comm
the Ci tizens of Eugene, which ,is being distributed through neighborhood groups. 6/2/76
It sta tos the tax rate would be $8.66 per "$100" assessed valuation, Ivhereas File
the figure should bi2, "$1000".
T. Assessment Deferral P~ocedures - A report on current procedures was Comm
distributed to Council. Currently under study are some problems 6/2/76
relating to income limits. Another report will be forthcoming to File
Council following that study.
U. F1akcatcher Introduction - Manager introduced Dale Harkey, new flakcatcher
in the Manager's office for the next six months. Mr. Harkey is an employe Comm
of the Library. 6/2/76 __
File .
6/14/76 - 16
303
Introduction - HCC Director - Manager introduced Charles J. Kupper,
Directol: of the new Housing and Commun.i ty Conservation Department. Mr. Comm
Kupper is trom Philadelphia, Pennsylvania, and his most recent post 6/9/76
I"as assistant director of project developnK':!nt and rehabilitation for the File
- redevelopment authorit~ in Philadelphia.
v. Removal of Assessments from 10th & Oak Overpark District - Memo from Finance
Director and attachments have been distributed to Council. Dr and Mrs. Jul ius
Hessel, 1035 E. 22nd, are requesting their property at 1129-43 Oak be removed from
the 10th and Oak overpark assessment, saying it is not benefitted by the parking
structure.
Mrs. Hessel explained that ORS statutes provide that property not benefitted
cannot be taxed; furthermore, she said, the Bancroft Act states that tax
assessments must be tair. She said they have wanted to sell their property
but have had no success. They have nOt" had an oft'er in which the buyer agrees
to sign a bond assuming all obliga bons for the parking structure provided he
can pay the obligation off in semi-annual pay!nents over a period of 20 years
at 6% interest. The buyer in this case would not agree to assume present interest
or interest penalties. Mrs. Hessel wondered if there is any legal reason
why this could not be dOne.
Mayor AnderSOn responded that the City's legal position would have to be
determined and that it might be necessary, also, to conduct a public hearing
, since other members of the parking district would be affected.
,
i
I
Finance Director noted that Mrs. Hessel did call him regarding her offer on
the property and he informed her that, in reviewing the information, there was
no way the Councilor City could relieve her of interest payments due. He said
he informed her at that time that she could come to the Council and request a
e' hearing.
City Attorney said a similar question was raised several years ago and it was then
determined that the city did not have the authority to make any changes. Attorney
would be willing to further investigate apossible way but it would take some
tirre .
In answer to Mr. Willia~~ Mrs. Hessel said they would probably agree to pay
any past due interest On the bonds but not the interest penalties. Comm
It was understood that the City Attorney and Finance Director would further 6/9/76
File
pursue and come back with a report at the June 9 Comrnrrttee meeting.
---
Removal of Assessments - 10th and Oak Overpark District - Continuation of discussion
from June 2 Committee in which Mrs. Julius Hessel requested removal of overpark
assessments on their property at 1129-43 Oak. A legal opinion from the City
Attorney on the matter has been distributed to Council, advising the City should
retain the assessment and insist on collection.
Mr. Williams wondered if Council is really being asked to remove the assessment from
that property.
Mrs. Hessel replied that Council is being asked at this point to transfer the
bond to the new buyer, who has agreed to assume the obligation.
Mr. "li11iams commented that the city's attorney opinion does not seem to deal
e with that issue.
6/14/76 - 17
30Jf
City Attorney Stan Long said the written material submitted at the June 2 Committee
"
meeting stated the buyer would not agree to assume the present interest or interest
penalties. He added that transferring the assessment would not be an issue as that
is the 'obligation of the property. e--
Mrs. Hessel said the purchaser is willing to assume the debt that is owed on the
property but not the penalty interest.
Mr. Haws felt that matter is between the buyer and seller to be settled at closing.
Mayor Anderson noted that Council does not have the power to waive penalty interest
or make legal judgments.
Mrs. Hessel said that her point is that much has already been waived in the overpark
assessment history.
Corom
Mayor Anderson suggested that Mrs, Hessel meet tvith staff and discuss the 6/9/76
particulars of the problem. Council would then be in a better position to consider File
the matteI'.
W. Sign Code Board of Appeals Resignation - Mayor Anderson announced that Mrs. Corom
Mary Glass has resigned from the Sign Code Board of Appeals. Suggestions are 6/9/76
sought for someone to fill the balance of the three-year term expiring 1/1/78. File
x. Boundary Commission Decisions - Mr. Haws wondered about the Boundar~ Commission's Corom
recent denial of certain Council recommendations for annexations of properties 6/9/76
on Goodpasture Island. Mr. Henry explained the rationale of the Co~ssion File
was that the City was not prepared to give full service to these prop~rties and
he said the City has decided not to appeal at this time. e-
Y. Metro Sewer Study Group Meeting - Mr. Keller announced a public hearing on Comm
alternatives for regional sewer service before the Metropolitan Sewer Study 6/9/76
Group to be held June 10. e File
z. Burglary Prevention P:z:esentatioll - Police Chief Dale Allen explained that the
month of June is burglary prevention month in the United States. In that
regard, the Police Department ha~ prepared a presentation on their efforts to
date.
Sandy Martin, Police Department, said that the rate of burglary has increased
dramatically allover the nation. In 1975, the Eugene Police Departrnentformed
the Burglary Prevention Team, working in the area of residential burglary
pre V6mtion . Three methods are used in the education effort: Project
Identification - An engraving tool is loaned to residents to mark their personal
effects; Security Service - A team member goes through a home pointing out weak Corom
security areas to the resident. Illustrated recommendations are subsequently 6/9/76
sent back to the resident; Neighborhood Watch - O~e neighborhood resident File
is encouraged to have an informal meeting of the neighbors at which time one
burglary team member will show q movie, hand out engraving tools, make
appointments fo,r securi ty surveys, etc.
Barbara Etcheson, Police Department, said that, prior to the Team's inception,
IllOSt burglars gained access through unlocked doors and r,.;,indows. By the end of -
last year, the tide had turned and there were more forced entries. She explained
that the burglary rate rose in 1975, though the rate of increase was not as great
as in previous years. In 1974 there was a 12.5% ,increase and, in 1975, an 11. 7%
6/14/76 - 18
305
increase. Statistics taken have shown that most burglaries occur between
6 p.m. and midnight, through an unlocked front door, with money taken first,
,- then sterios and TVs. Suspect information indicates burglars are usually
whi te males, under 21. It is hoped that accumulation of this type of in-
formation will eventually lead to the projection of a burglary before it occurs.
Mr. Keller moved second by Mr. Haws to approve, affirm, and file as noted
Items A through Z. Rollcall vote. Motion carried, all Council members
present voting aye.
IV-Ordinances
Council Bill No. 1144 - Calling hearing July 26, 1976 re: Vacation of Cameron Court
and portion of Douglas Drive between McLean Boulevard and
34th Avenue was~ead 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. Haws 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 Mr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed and
numbered 17662.
Council Bill No. 1145 - Paving alley between 2nd Avenue and 3rd Avenue from Blair
- Boulevard to VanBuren Street (1294)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. Haws 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 Mr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declaredCpassed and
numbered 17663.
Council Bill No. 1146 - Adopting plans and specifications for paving alley between
2nd Avenue and 3rd Avenue from Blair Boulevard to VanBuren
Street 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. Haws 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 Mr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed and
numbered 17664.
- ..______.____,.~_O:'T _ _'_'.' ._ ._.__.._.___ - ----
Council Bill No. 1147 - Paving streets wifhin Nordian Park Subdivision (1281)
was read by council bill number and title only, there
being no Council member present requesting that it be read in full.
'.
3o~ 6/14/76 - 19
~tr. Keller moved second by Mr. Haws 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
thi s time. N6tion carried unanimously and the bill was read the second time by council
bill number only. .
Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17665.
Counci 1 Bi 11 No. 1148 - Adopting plans and specifications for paving street within
Nordian Park Subdivision 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 ~Ir. Ha\.;s 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 ~Ir. Ha.....s that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17666.
Council Bill No. 1149 - Sanitary sewer and storm sewer to serve Nordian Park Subdivi-
sion and sanitary sewer to serve the area between Nordian
Park and Chambers Street(1281) 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. Haws 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 II
this time. Motion carried unanimously and the bill was read the second time by council
bill number only.
lvtr. Keller moved second by Mr. Ha\vs that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17667.
Counei 1 Bi 11 No. 1150 - Adopting plans and specifications for sanitary sewer and
I L storm sewer to serve Nordian Park Subdivision and Chambers
~ Street w~s read by council bill number and title only, there being no Council membe~
present ~equesting that it be read in full. _/
"
1
Mr. Keller moved second by r-Ir. Haws 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.
~1r. Keller moved second by My. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17668.
Council Bill No. 1151 - Paving Kingswood Street within Piney Woods Subdivision and
50th Avenue adjacent to Piney Woods Subdivision (930) 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 rvlr. Haws 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.
6/14/76 - 20 ~O'1
----.--- ----- ------- -------- ------- .-- - , -- -- -
Nr. Keller moved second by ~~. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17669.
e Counci 1 Bi 11 No. 1152 - Adopting plans and specifications for paving Kingswood Street
within Piney Woods Subdivision and 50th Avenue adjacent to
Piney Woods Subdivision 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 Nr. Haws that the bill be read the second time by council bill
number o~ly, with unanimous consent of the Council, and that enactment be considered at
this time. ~Iotion carried unanimously and the bill was read the second time by council
bill numaer only.
l>lr. Kell-;;r moved second by ~!r. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17670.
Council Bill No. 1153 -Sanitary sewer and storm sewer within Piney Woods Subdivision
(930) was read by council bill number and title only, there
being no Council member present requesting that it be read in full.
~Ir . Keller moved second by Nr. Haws 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.
~Ir . Keller moved second by Nr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
e and numbe~ed 17671.
Council Bill :-.10. 1154 - Adopting plans and specifications for sanitary sewer and
storm sewer within Piney Woods Subdivision (930) was read by
council bill number and title only, there being no Council member present requesting
that it be read in full.
~Ir. Keller moved second by Nr. Haws 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 ti8e. Notion carried unanimously and the bill was read the second time by council
t--:. bill nU2ber only.
-- --. - - ..-
,-,
Mr. Keller moved second by Nr. Haws that the bill be approved and aiven final pas
Rollcall vote. All Council members present voting aye, the bill w;s declared pas::~e.
and numbered 17672.
Counei 1 Bill No. 1155 - Paving streets within Concord Plat (1272) was read by council
bill number and title only, there being no Council member
present requesting that it be read in full.
~Ir. Keller mov~d secon~ by Mr. Ha\~s that the bill be read the second time by council bill
n~ber.only, wl~h unanl~ous con~ent of the Council, and that enactment be considered at
t~s tlme. Motlon carrled unanlmously and the bill was read the second time b council
blll number only. y
e Mr. Keller moved second b~ r.lr. Haws that the bill be approved and given final passage.
Rollcall vote. All Councll members present voting aye, the bill was declared passed
and numbered 17673.
308 6/14/76 - 21
Council Bill No. 1156 - Adopting plans and specifications for paving streets within
Concord Plat 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 Nr. Haws that the bill be read the second time by council bill
number only, \vith 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 Nr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17674.
Council Bill No. 1157 - Sanitary sewer within Concord Plat and within 160 feet of
south and east boundaries of Concord Plat; and storm sewer
to serve Concord Plat (1272) was read by council bill number and title only, there
being no Council member present requesting that it be read in full.
r-lr. Keller moved second by Mr. Haws 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. ~Iotion carried unanimously and the bill was read the second time by council
bill number only.
Mr. Keller moved second by Mr, Ha\vs that the bill be approved and given final p,ai~i:!ge.
Rollcall '.'ote. All Council ~embers present voting aye, the bill was declared passed
and numbered 17675.
Council Bill No. 1158 - Adopting plans and specifications for sanitary sewer within
Concord Plat and within 160 feet of south and east boundaries .
of Concord Plat; and storm sewer to serve Concord Plat was read by council bill number
and title only, there being no Council member present requesting that it be read in full;
r.lr. Keller moved second by Nr. Haws 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. ~lotion carried unanimously and the bill was read the second time by council
bill number only.
Mr. Ke lIer moved second by Mr. Haws that the .bill be approved and given final passage. -1
Rollcall vote. All'Council members present voting aye, the bill was declared passed
and numbered 17676.
,'-
~
"
"
Council B~ll No. 1159 - Paving streets within 4th Addition to Paradise Park (1280)
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. Haws 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. ~Iotion carried unanimously and the bill was read the second time by council
bill number only.
Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
'and numbered 17677. -
Council Bill No. 1160 - Adopting plans and specifications for paving streets within
4th Addition to' Paradise Park was read by council bill number
and title only, there being no Council member present requesting that it be read in full.
6/14/76 - 22 30~
--- - - -- - -- --- - ---.- -. -- .
Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill
number only, \~ith unanimous consent of the Council, and that enactment be considered at
this time. ~Iotion carried unanimously and the bill was read the second time by council
~ bill number only.
r-Ir. Keller moved second by Mr. Haws that the bill be approved and given final p-ssage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17678.
Counci 1 Bill ~o. 1161 - Sanitary sewer and storm sewer within 4th Addition to Para-
dise Park (1280) was read by council bill number and title
only, there being no Council member present requesting that it be read in full.
Nr . Keller moved second by ~Ir. Haws 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. ~Iotion carried unanimously and the bill was read the second time by council
bill number only.
~Ir. Keller moved second by Mr. Haws that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye, the bill was declared passed
and numbered 17679.
Council Bill No. 1162 - Adopting plans and specifications for sanitary sewer and storm
sewer within 4th Addition to Paradise Park was iead by council
bill number and title only, there being no Council member present requesting that it
be read in full.
Mr. Ke 11 er moved second by ~Ir. Haws that the bill be read the second time by council bill
~ number only, ~ith 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 ~Ir. Ha\vs that the bill be approved and given final passage.
Rollcall vote. All Council members present voting aye; the bill was declared passed
and numbered 17680.
Council Bill No. 1163 - Levying assessments for sanitary sewer to serve the Willa-
gillespie/Russet annexation area between Goodpasture Island
Road on the north, Norkenzie Road on the east, Country Club Road on the south and
Delta Hi~hway on the west (75-01) was read by council bill number and title o~ly,
there belng no council member present requesting that it be read in full.
Mr. Keller moved second by Mr. Haws that the bill be referred to Assessment Panel for
hearing on June 21, 1976 and that Panel recommendations be brought for Council considera-
tion on June 28, 1976. Motion carried unanimously.
V- Resolutions
Resolution No. 2519 - Authorizing agreement with Southern Pacific Transportation
Company re: Public crossing ~t 8th and Hilyard was read by
number and title.
Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried,
4It all Council members present voting aye.
Resolution No. 2520 - Establishing guidelines for financial assistance to designated
historic landmarks was read by number and title.
3/0 6/14/76 -, 23
Mr. Keller mqved second by Mr. Haws that the resolution be adopted. Rollcall vote.
Motion carried all Council members present voting aye.
Resolution No. 2521 - Authorizing agreement with Eugene Renewal Agency re: -
Transfer of ERA staff to city, continuation of ERA
activities, etc., was read by number and title.
Mr. Keller moved second by Mr. Haws that the resolution be adopted. Rollcall vote.
Motion carried all council members present voting aye.
Resolution No. 2522-- Authorizing payment of bills, claims, and progress payments
for period May 24 through June 14, 1976 was read by number
and title.
Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion
carried, all Council members present voting aye.
Upon motion duly made,-seconded, ~nd carried, the meeting was adjourned
to Monday, June 28', 1976.
~ ~~
Charles T. Henry .
City Manager
-
6/14/76 - 24 311