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HomeMy WebLinkAbout06/28/1976 Meeting M I NUT E S EUGENE CITY COUNCIL - June 28, 1976 ~ Adjourned meeting - from June 14, 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 June 28, 1976 in the Council Chamber with the following Council members present: Gus Keller, Eric Haws. Wickes Beal, Tom Williams, Neil Murray, Ray Bradley, D.W.Hamel, and Edna Shirey. Also present for joint session concerning Early Financial Settlement for the Central Eugene Project (Oregon R-18) were Eugene Renewal Agency members Joan Mazo, Irving Henning, Ruth Miller, Frank Shearer, and Wallace Swanson. Renewal Agency members Harry Farrell and Williams Korns were absent. . I-A-l I - Early Financial Settlement, Central Eugene Project (Oregon R-18) Manager explained that the proposed early financial settlement does not mean renewal activity will stop. On the contrary, the Department of Housing and Urban Development is willing to "settle up" at this point and provide funds for continuation of the downtown project based on previous commitments under terms of an agreement to be entered"into between the city, Eugene Renewal Agency, and the Federal government. He said it would be to the advantage of the city and the Renewal Agency to proceed with early settlement. Charles Kupper, director of the Renewal Agency, reported that the early financial settlement would permit settlement of accounts prior to completion of the downtown project. He explained that under early settlement, if there is a surplus of funds, e the city may request those funds from HUD for locally controlled completion of the project or other projects. There will be an $850,000 surplus from the Central Eugene Project, he said. He noted three HOD requirements in making application for early settlement: A co-operation agreement between the city and the Renewal Agency; a close-out agreement between the city, Renewal Agency, and HUD; and a formal application to HUD for early financial settlement. Mr. Kupper detailed the terms of the agreements, copies of which had already been distributed to Council members and Renewal Agency members, and requirements of the early financial settle- ment application. He said the close-out agreement had been reviewed with the Housing and Community Development Commission where it was declared appropriate to meet the objectives of Eugene's community development. Public hearing was held with no testimony presented. Councilman Murray, for clarification, commented that the early financial settlement was endorsed unanimously by the HCDC with the understanding that since funds forth- coming will be allocated as part of an amendment to the Community Development applica- tion, the Commission should have the chance for review and comment. Mr. Keller moved second by Mr. Haws to authorize the early financial settlement and approve the close-out agreement as presented, and call a public hearing on July 12, 1976 in this regard. Motion carried unanimously. Joint session with the Eugene Renewal Agency was adjourned. and the Council continued e in its adjourned session. -, 6/28/76 - I 3liL i B. Liquor Licenses - New Outlets -- _. Liquor LlcenseApplications New Outlets - * 1. 7-11 Food Store, 18th and Pearl '(PS), Southland Corporation ,--' ** 2. Giant Grinder Delicatessen, 1677 Coburg Road (PS), Giant Grinder i Enterprises. Corom I I 6/16/76 .Mr. Keller IrOved seconded by Mr. Haws to set hearing on the two Pub Hrng .proposed outlets for June 28. Motion carried unanimously. * Manager reviewed OLCC report which indicated that of those interviewed in the I-A-2 neighborhood, one objected, ten did not. Staff had no objections. Public hearing was opened. Murnard England, owning property across the street from the proposed establish- ment, opposed the license because he felt there were adequate existing outlets in the area, proximity of schools, and anticipated traffic congestion. Public hearing was closed, there being no further testimony presented. i Mr. Keller moved second by Mr. Haws to recommend approval of the license. Motion carried - all Council members present voting aye, ; except Councilman Bradley voting no. i ** Manager reviewed OLCC report which indicated that of those interviewed in the area, one objected, three did not. Staff had no objections. Public hearing was opened. . -' Ira Lowe, owner of the Willakenzie Market at 1645 Coburg Road, saw no need for another package store outlet so close to his market, the entrance of the I proposed outlet being only 200 feet away. , Stuart Montgomery, one of the owners of the Giant Grinder, said they were ask- I ., ing for the license to give them the opportunity to provide imported beers and wines with the delicatessen products that were not provided by the normal package store outlets. , I I Public hearing was closed, there being no further testimony. , , , I \ Mr. Keller moved second by Mr. Haws to recommend approval of the license. In response to Councilman Bradley, Mr. Lowe said the Willakenzie Market does sell imported wines and beers. Councilman Hamel said he would vote against recommending the license because he felt the sandwich shop itself was such a small part of the establishment, and that there was not room to adequately display and retail as proposed. Councilwoman Shirey didn't feel the decision should be made on the basis of the size of the store or its adequacy for dis- play, rather it should be directed toward traffic, zoning, social problems, etc. I Vote was taken on the motion to recommend approval. Motion I carried - Council members Keller, Haws, Beal, Murray, and . I Shirey voting aye; Council members Bradley and Hamel voting no; - -. , Councilman Williams abstaining. ! , \ I 6/28/76 - 2 3J.3 C. Bids ~arks Department e (a) Lincoln Elementary School Remodeling Basic Alternate Total H. J. Burrows Construction Co. $ 63,265 $ 6 , 800 $ 70,065 Powell Industrial Builders 70,756 7,634 78,390 Morris P. Kielty 83,530 8,975 92,505 Lee Built Construction Co. 100,000 7,000 107,000 V. A. Harding Construction Co. 121,900 10,090 131,990 Office estimate as prepared by Willamette Community Design Center 65,000 5,000 70,000 Manager explained that the project was funded through Community Development Act monies, which application was previously reviewed by the Council as well as HCDC for provision of community facilities for the Westside Neighborhood Quality Project. He said that because the low bidder did not guarantee completion of the work within the specified time, staff was recommending award of contract to the next low bidder, Powell Industrial Builders, on the basic bid. Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Haws to award contract to Powell Industrial Builders on the second low basic bid. Ro 11 call vote. Motion carried, all Council members present voting aye. (b) Lincoln Elementary School Structural Repairs - BPR Mill Construction, Inc. $ 4,720 ShurWay Contractors 4,000 Staff recommended contract award to the low bidder. Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Haws to accept the low bid as recom- mended. Rollcall vote. Motion carried, all Council members present voting aye. 2. Public Works Department - Various Improvement Projects (opened June 22, 1976) C"st to ..mount Na~. of 3~cc.~ and ?roject Contract Coat Abut:bg ?rop, Cost to Citl' Budge tee ?Avr:C, 5A':IT,IX' SE:-:". ,\':1) 5,('1'.:: 5;:''-''~: 1. ~Lthin 8th A~Ji:~;~ to ~a~ ~!. ~!~ch; and san1ta=y E~.,;!r a:-~ stO:":1 s'!w!r ~:ithin 150 feet cf ~ce e.st bo~~ca~ of 8:h Addition to Da= K. ~.~::ch. (1253) ~ liAS Ie 810 ALTEltNATE BID 1- Wlldls~ Con':~ctl0:l Co.......... .$12.595.80.. 0.000...... ....... $12,194.50.. ........ 28' Pa.'.............$ 18.75/F!'..........0...............O.. 2. S::""'Jay Cont~3c tor. !r:c. 0 . . . . . . . " 13.858.60......... 0 . . . . . . ... . 13.411.55 San. La~............$ O.09G/SF 3. E::gene Sa~d o!> Gravel. !r:c......... No Bid...................... 14.141. 90 . , San. Servo......... .$282.00/ZA Sto~ Se~er..o......$330.00/Lot C~t~-rlON DA:! October 1. 1976 2. Within Burn.ice !~~dlvislon _(904) EI.:~ene Sand l. Gravel, I~e.........No Bid ........................ $181.122.71.......... 28' Pev............ $ 15.90/P? $4.600.00....U.5< 2. Wlldi.h Cons:~uctio:t Co...........$203.658.10.................... $194.972.74 San. L.:............$ 0.06/S?...... 3. H & J Con.tr".:::ion Co.............$209.424.31.....................$203.257.78 San. Serv...........$165.00/EA 4. Ken 1l0.t~ck C.::::struction Co.......No Bid ........................ $:204.913.80 Store 5e"............$540.00I1.ot ..... $3.800.00 :.. .$6.0( S. Babb C:::.tr:.:::~on Co. dba........No Bid ........................ $211.074.80 . D!lta Censt~~ction C<M'L"'IION DATIl: October 1. 1976 3/4 6/28/76 - 3 -- ...- - [;. 'i1. V', /0 ...... - "-- -'. -~--- .G. A~; T.~,y. S:~..:::;t & S70Cl'-t,; S~.,;!3.: ." ....- - I. Yith:n !ng~= ?a:~ Subdivision; and e' I sanitary se~=~ e~~ stor~ se~er ~ithin 160 feet 0: t~e eoc: bou~cary o~ Inger I Park 5uodi>eseo~. ( USO) ... I liAS!:, '1'0> ALTERNATE nID I l. Shu:-...."J" Cont::-ae:or, be............... ~43,"L7."'O .:........ ~43,567.90 .......... .28' ~av ...... ,$ 22 90/FF 0 0 2. \:ildis,' COfi.:coetio!'l Co............... ~45,659.~C .......... $45,719.70 San. Lat.....:.::::.$ O:07/SF.......... ................... . 3. H &:! .".0-5:r';0:,o" Co................. $48,S3~.r,o .......... $48,588.19 San. So:;v. '....... .$21Q.O\l/EA 4. E\;,ge~e. _'~-c !r C:-.3.'Jel. Ir.e............. No Bit. .,........ $45,664.10 Storm :.~~';'e"....... .$B25.CO/Lot S. nao~ C:co:c~::eon Co. eoa............. No Bee .......... $47,365.50 Del:::. .~ .~.:: :..:--..:cti'o"" 6. Ka~ 3('":'.- ~ ,:,'. ,- .'~~tr:.l~~lon Co........... N" ~~~ .. ..... $47,827.50 .- COHn:.,,;):; DATE: October I, 1976 -', '--- -.. ---- - . -.-";-:"f-:..:..;._-. . Don ...\1 len, public works director, :r:eviewed the bids. Contrr,ct: u\vaTds \.;ere recommended l.la the lo~ alternate bid on Item I (Bar H Ranch), on the 10~'l bid on .Item 2 (Burnside SuhJ.ivi- sion) . :;;j on the 10\'; bade hid on Item 3 (Inger Park). :'uhl ie heaTin~ \'iaS opened. Will iaM IIi te, 1360 Bond ~3ne, Objected to extension of the sewer as proposed in Item 3 _ Inger ParT: Suhdivis:O]1 - sayin;! it would be an expensive dupl ication, that it would n'.'t serve his pro,erty. Mr. AI1.:..'.~ s:lowed Clluncil r:1emJ:~rsadr~wing of the proposed pToject and explained that it was the logical place for the extension. Al ternatives were .fo-- eliminate a portion of the sewer that would reach the east boundary of the subdivison (\vest boundary of ~Ir. Hite's property) or deferring payment on the 60 feet until the I-A-3 property did use it. He added that eliminating it at this time would involve digging up pavement to install the line at some future time when the property was developed. e His recommendation was to install the line now and defer payment of the assessment. In response to Councilman Keller, f'.lr. Allen said that assessment would be made only once for sewer service. Mr. Hite said he had just been assessed for a sewer and even though it might be appropriate for the city to install this line, he didn't feel it appropriate that he should pay for it. He objected too to haveing to tear out trees to install the line. t<1r. Allen said there was no intent to get onto ~fr. Hite's property or the parcel immediately to the south. The installation would take place within the subdivision itself and on existing dedicated streets. In respone to Councilwoman Shirey, Mr. Allen said the assessment could be deferred. How- ever, it would become a lien upon the property. He said there were three options open to the Council: Omit that section of the sewer and go back later, tear up the street to install it with added expense to the subject property; install the line under this con- tract and levy assessment but defer payment; or install the line without a connection to this property until it was wanted, then collect the cost of the stub at that time plus accrued interest. Mr. Keller moved second by Mr. Haws to award contract to the low bidder on each of the projects as recommended, with the stipulation on Item 3 that installation would made, assessment levied, and payment deferred on Mr. Hite's property until connection to the line was made. Councilman Hurray aske d the advantage of the proposed action as opposed to putting the line in and charging for the connection later. Mr. Allen said the main advantage was . that there would be no accrued interest, that there is no interest when the payment is deferred. He said it was a gamble, from the city's point of view, just how long it would be before the connection was needed as it related to postponement of charges. \ ! 6/28/76 - 4 315 ---- Councilman Williams wondered if it was appropriate at this time to consider what to do about assessments for the project. He thought that probably should be a question that should be considered after the line was installed. Mr. Allen said it could be given con- sideration later, but it was felt better to have it out of the way at this time. 4It Rollcall vote was taken on the motion as stated. Motion carried - Council members Keller, Haws, Beal, Williams, Murray and Hamel voting aye; Council members Bradley and Shireyvotin~ no. I I-A-4 0.1976-77 City Budget Manager noted the budget had been considered in several public hearings before the budget committee and the tax levy was established by the Council at a previous date, to be voted upon June 29. Actual adoption of the budget has been scheduled for a special meeting of the Council on June 30. The purpose at this time is to present it for public hearing. Public hearing was opened. [-A-S Dr. Ed Heath, department of recreation at Oregon State University, said it was his understanding that about $14,000 would be cut from the outdoor recreation budget of the Parks Department and he wondered if that was the current proposal. He com- mented on the very fine outdoor program carried on by the Parks Department and urged the Council to make every effort to protect that particular part of the de- partment's budget. Manager explained that the budget committee had cut $14,500 from the outdoor recrea- tion budget. However, the parks department had been instructed to attempt to - restore the funds in that program by reduction of some other programs and by monies from additional fees or a combination of additional fees. I-B-l Marilyn K. Smith, 1125~ West 27th Avenue, presented a letter which she read, stating she felt the outdoor recreation program a necessity to teach the proper skills and information and prevent accident and tragedy for those people actively participating in outdoor activities. Mike BeBont, 2558 Harris Street, concurred in Ms. Smith's remarks. Public hearing was closed, there being no further testimony presented. Manager explained that under the Code at this point in budget preparation, the Council can add up to 10% of any departmental budget either by finding additional revenues or taking out of other programs or deleting other items equal to such an addition. That can be done, he said, between now and when the budget is adopted on June 30. He called attention to memo from the Parks Director, distributed to the Council for study prior to the June 30 meeting, in which he proposed transfer of funds from other programs to make up the $14,500 for the outdoor program. Councilman Murray noted that the budget committee's intent was to make up as much of this amount as possible from additional fees. He thought it important to remember the reason for the cut was because of shortage of funds for making library book purchases over the last few years. It was understood the budget would be further considered at Council meeting scheduled for 11:30 a.m. on Wednesday, June 30, 1976. . E. Ad Hoc Youth Committee re: Youth Commission [I-A-l Manager said the ad hoc committee appointed to consider the possible creation of a youth commission had prepared a detailed report with many exhibits which was previous- ly distributed to Council members. It was recommended that a fifth commis~on com- 31' 6/28/76 - 5 I . I I I parable to the commissions having to do with minorities, aging, handicapped, and I, 1 women be invorporated into the human rights ordinance. A detailed report was also prepared by the city attorney's office, also distributed to Council members, point- e I ing out the roles of the present commissions and the fact that their particular legal functions and processes could not be applied to a commission on the rights of -- I youth because of state and other laws relating to education, employment, etc. That, however, did not mean a youth commission could not serve the purposes set out in the ad hoc committee's report. Manager cautioned that there was some staff concern about the costs of adequately staffing and helping such a group. Jim Forbes, 550 River Road, chairman of the ad hoc committee, expressed apprecia- tion to the ad hoc group, saying it was their feeling a workable product had corne out of the committee's work. Jim Williams, 138 West 17th Avenue, member of the ad hoc committee, reviewed the process leading to the group's consensus that a real I need existed for some public body to act as an advocate for rights and needs of 1 young people in the community. Problems were encountered with legalities and I financial aspects of creating a youth commission, he said. He expressed disap- pointment with the lack of help from the city in figuring solutions to those problems. He said the attorney's memo indicated about $20,190 would be needed to I staff such a commission, including $1250 for activities of the commission itself. I He figured that would call for a salary of about $1500 per month, and he offered, 1 with the help of some of the other ad hoc members, to do the work for about $300 I a month. Manager explained that the figures presented would include secretarial , and additional staff costs, ringe benefits, etc. I I I 1 With regard to the attorney's mention of difficulties in wording an ordinance to take care of the age limits to be covered, Jim Williams wanted to make the dis- i tinction clear that the ad hoc committee's work was to document the need for the commission, the legal staff's responsibility to work out the proper wording. . I i With regard to lobbying, also mentioned by the attorney, Jim Williams said that , in no instance had the ad hoc committee recommended a youth commission function i I : to be that of lobbying in legal matters, only that it was to make recommendations I to various organizations on various issues as they affected youth of the community. ! I He pointed out that the Commission on Rights of Aging was identical to what was intended for the youth, and he could see no reason why a commission couldn't be created on the sarne grounds. He found it incomprehensible that goals of the pro- posed youth commission would be any different from or detract from those of present commissions. He suggested that new legislation be drafted to include youth under the age of 26 since there was clear documentation that young people wich to be taken seriously, and if they are expected to become involved, the processes should be changed ,so that they are really included. Others speaking for creation ofayouth commission were Sallie Meek, 1045 Monroe Street; Michael Hill, 1127 Polk Street; Bernadette Snyder, 2110 East 17th Avenue; Amy Borman, 2885 Arline Way; Dan Rice, 1520 West 11th Avenue; Phil Pooley, 290 East 28th Avenue; Linda Yapp, 1127 Polk Street; Andria Parker, 830 Hilyard Street; - Anne Dwyer, 2780 County Farm Road; Heidi Bullert, 3780 County Farm Road; Laura i Bauerschrnidt, 860 Lawrence Street; Catie Parr 684 Country Club Road; Stewart King, ! 5315 Saratoga Street; Wendy Edwards, 1435 Olive Street; James De1k, 1789 Orchard Street. Several other unidentified persons also spoke in favor of the commission plus Ira Brown, Youth Employment Service; Edward Schwartz, School District 4J teacher; JoCaveledge, School Distri~t 4J special projects co-ordinator; Todd Snyder, White i Bird Clinic. All were in favor of an advocacy body for youth rights, where youth I could become involved in and develop a positive attitude toward the governmental process. Also, to give help with regard to gaining employment for people under . the age of 18, and to help resolve conflicts between youth and "the law" or parents. I Public hearing was closed, there being no further testimony presented. 6/28/76 - 6 311 Short recess was taken. Upon reconvening, Manager noted that the city attorney's office had pointed out . the belief that creating a youth commission as a part of the present human rights structure was not the best way to proceed. However, it was felt that a youth commission could be created and serve advocacy and co-ordinating functions under a separate ordinance. Stan Long, assistant city attorney, explained that the memo received previously i by the Council was an analysis of the amendment to the human rights ordinance proposed by the ad hoc committee. He said he had not seen the report presented at this meeting. But he had no reason to change the view that there would be sub- stantial problems with creating a youth commission as a part of the present human rights ordinance. That was far different, he said, from creating a youth commis- sion and developing a list of specific activities for that commission as now proposed. Councilman Bradley suggested the first issue was whether there was to be a youth commission, then the issue would be the form it would take, to whom it would be responsible, and the sub-issues of age, enforcement, public accommodations, etc. If it is decided to create a commission, he said, the issue might then be referred back to the ad hoc committee with participation by the Council for recommendations with regard to the framework within which to work. Mayor Anderson supported that approach. He was in favor of moving toward the es- tablishment of some kind of youth commission and told the young people in at- tendance that although discussion between the Council and staff may appear trivial, it must be recognized that there are restraints and limitations within which the city must work. He recognized the sentiment in the community and on the Council e for more direct involvement in government by the younger age group - but he emphasized the word "involvement" because he thought it important to remember that it would be a participatory atmosphere rather than one that might gradually erode into an adversary role. As already pointed out, he said, to bring this group under the present human rights ordinance would present critical problems and could complicate the activities of any youth commission or any other youth organization in the city. So he hoped that approval would be given to creation of some type of youth organization within city government, giving consideration to such basic considerations as age, then bring representatives of the ad hoc committee together with Council representatives to work out proposed legislation in either resolution or ordinance form. He hoped too the limited resources under which the city must operate would be realized so that any recommendations forth- coming would go toward establishing the purpose for which both the youth and the city were striving. Councilman Murray also favored the process suggested. He approved the concept of a youth commission but thought it important for the Council to remember that con- septual approval had been given to a youth commission on at least two other occa- sions. Because of that, he hoped that in referring the issue again, a clear di- rective would be given on the charge, particularly with regard to whether a com- mission should or should not be included in the existing human rights ordinance, and the target age group - to 18 years of age or 26. Council members generally expressed themselves in favor of creating a youth commission outside the present human rights ordinance, and to cover the ages of 13 to 18 years. Mr. Murray thought the group should be tied in some fashion to . the Human Rights Council and equal to the other commissions, but he didn't think it should come under the present ordinance. He noted too that membership on in- dividual commissions was more broadly based than the target group of each commis- sion itself. 3/8 6/28/76 - 7 Councilman Bradley thought some consideration might be given to covering ages 13 to 26 years at a later time through amendment, etc. Councilwoman Beal re- ferred to the Mayor's Committee on Aging that still functions outside the human . rights ordinance in addition to the Commission on Rights of Aging. She sug- gested the ad hoc youth committee might continue in the same manner. At Mayor Anderson's suggestion, Mr. Keller moved second by Mr. Haws to authorize appointment of three Council members and three youth ad hoc committee members to develop a proposed ordinance to provide for a youth commission outside the human rights ordinance with a target age group of 13 to 18 years, which commission would direct its atten- tion to advocacy and involvement of youth in the community. Mayor Anderson said he was not suggesting inclusion of enforceability factor be- cause problems with the human rights ordinance would delay further the creation of a youth commission. Councilman Bradley thought creation of an organization outside the human rights ordinance a separate issue. Councilman Murray noted that the motion did not leave out the possibility of tying the group back to the Human Rights Council. Mr. Keller thought the motion as stated would give more flexibility and freedom for the group to work. Mr. Bradley moved to delete the portion of the motion for creation of the commission "outside the human rights ordinance." There was no second. Jim Williams thought it important to realize that some people thought the commis- sions were legal advocates, regardless of age. He noted there was discrimina- -- tion against people between the ages of 13 and 18, and to leave the group out- side the human rights ordinance would leave out the possibility for hearings. He felt that issue should still be open for discussion. Councilman Murray said the existing human rights ordinance and the Human Rights Council would provide that legal avenue. Vote was taken on the motion as stated. Motion carried unanimously. F. Planning Commission Recommendations - June 1, 1976 1. Change of Sign District at northeast corner of 3rd Avenue and Mill Street _ From Industrial to Pedestrian Auto (City)(Z 76-10) II-A-2 I Jim Saul, planner, explained that when this area was zoned from M-2 to C-l i in 1973 the Commission recommended sign district change to pedestrian auto. However, the recommendation did not get to the Council with the zone change recommendation. Upon re-examination, the Commission feels the pedestrian auto sign district is appropriate because of the existing commercial zoning. No ex parte contacts or reasons for conflict of interest were declared by Council members. Planning Commission staff notes and minutes of June 1, 1976 were received as part of this record. Public hearing was held with no testimony presented. ! Counci 1 Bi 11 No. 1164 - Changing Sign District for area at northeast corner of 3rd Avenue and Mill Street to e Pedestrian Auto was read by council bill number and title only, there .--, ...- being no Council member present requesting that it be read in full. \ i 6/28/76 - 8 3f9 , '; Councilman Williams said that in reading the Planning Commission minutes he had the impression that there was an application for RP zoning. Mr. Saul explained e that the issue started about a year ago with an application for rezoning from C-l to RP because when the C-l zoning was instituted the owner of the property was '-, proposing a small grocery store in,the present structure, a small grocery store. That did not materialize, he said, and the owner indicated that while the primary use was for an office there was some space still to be leased and it was felt better to retain the C-l zoning. The Commission concurred and dropped the RP zoning matter but did not correct the sign district designation. Mr. Keller moved second by Mr. Haws that findings supporting the sign district change as set out in Planning Commission staff notes and minutes of June 1, 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. 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 17681. [I-A-3 2. Zoning Newly Annexed Areas (a) Southeast of south end of Warren, north of South Hill ridgeline - From County AGT to City RA-PD (City)(Z 76-11) Jim Saul, planner, explained that the area covered 163 acres annexed to the city in July 1975. Breeden Bros. propose to develop it as Somerset PUD. . No ex parte contacts or reasons for conflict of interest were declared by Council members. Planning Commission staff notes and minutes of June 1, 1976 were received as part of this record. Public hearing was held with no testimony presented. Council Bill No. 1165 - Zoning newly annexed area southeast of south end of Warren Street, north of South Hill ridgeline to RA-PD 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 findings supporting the zoning as set out in Planning Commission staff notes and minutes of June 1, 1976 be aodpted 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. 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 17682. (b) West of Delta Highway, north of Belt Line - From County M-2 SR to City M-I SR and changing sign district from Industrial to Residential (City)(Z 76-12) Jim Saul, planner, explained that 2.2 acres of the 22.2 acres is developed with Pacific Northwest Bell shops, the balance of 20 acres is county operations yard. - M-l district was recommended to permit both Pacific Northwest Bell and the county shops and with the idea that it would be more compatible with uses east of the Delta Highway and those to the north. The Residential sign district was recom- mended to accommodate free standing signs of the type proposed by Pacific North- west Bell and the county. 3;Zo 6/28/76 - 9 I No ex parte contacts or reasons for conflict of interest were declared by Council members. Planning Commission staff notes and minutes of June 1, 1976 were received as part of the record. -- Public hearing was held with no testimony presented. Council Bill No. 1166 - Zoning newly annexed area west of Delta Highway, north of Belt Line to M-l SR and changing sign district to Residential 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 findings supporting the zoning as set out in Planning'Commission staff notes and minutes of June 1, 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. 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 17683. (c) North side of Capital Drive, east of Spring Boulevard and Cresta de Ruta - From County RA to City RA (City)(Z 76-13) Jim Saul, planner, said the Planning Commission recommended RA zoning, the same as adjoining properties, on this small lot annexed in August 1975. No ex parte contacts or reasons for conflict of interest were declared by Council members. Planning Commission staff ntoes and ,.~e minutes of June 1, 1976 were received as part of the record. Public hearing was held with no testimony presented. Counci 1 Bi 11 No. 1167 - Zoning newly annexed area along north side of Capital Drive, east of Spring Boulevard and Cresta de Ruta to RA 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 findings supporting the zoning as set out in Planning Commission staff notes and minutes of June 1, 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. 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 17684. (d) Northeast corner of Crescent and Gilham - From County AGT to City RA (City)(Z 76-14) Jim Saul, planner, explained that this 4.3 acres was annexed to the city in November 1975. RA was recommended, the same as on surrounding properties. No ex parte contacts or reasons for conflict of interest were ,~e declared by Council members. Planning Commission staff notes and minutes of June 1, 1976 were received as part of this record. . Public hearing Wis held with no testimony presented. 6/28/76 - 10 3~r Council Bill No. 1168 - Zoning newly annexed area at northeast corner of Crescent Street and Gilham Road to RA 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 findings supporting the zoning as set out in Planning Commission staff notes and minutes of June 1, 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 con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by 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 17685. (e) Northwest corner of Norkenzie and Holly - From County RA to City RA (City)(Z 76-15) Jim Saul, planner, said this 1.3 acres, annexed in May 1976, is now in the process of being subdivided. RA zoning would be compatible with other zoning in the area. No ex parte contacts or reasons for conflict of interest were de- clared by Council members. Planning Commission staff note and minutes of June 1, 1976 were received as part of this record. Public hearing was held with no testimony presented. Council Bill No. 1169 - Zoning newly annexed area at northwest corner of e Norkenzie Road and Holly Street to RA 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 findings supporting ,the zoning as set out in Planning CommiBsion staff notes and minutes of June 1, 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 con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by 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 17686. 3. Rezoning area east of Delta Highway south of Greenacres Road (relocated) - From C-l PD to C-2 SR (City)(Z 76-18) I-A-4 Jim Saul, planner, explained that this property was a small piece left over from relocation of Greenacres Road by the county in contemplation of further work on the interchange. Existing right-of-way is already vacated, he said. No ex parte contacts of reasons for conflict of interest were declared by Council members. Planning Commission staff notes and minutes of June 1, 1976 were received as part of this record. . Public hearing was held with no testimony presented. Council Bill No. 1170 - Rezoning area east of Delta Highway, south of Greenacres Road (relocated) to C-2 SR was read by council bill number and title only, there being no Council member present requesting that it be read in full. 301~ 6/28/76 - 11 ~_.~ -- Mr. Keller moved second by Mr. Haws that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of June 1, 1976 be adopted by ~eference thereto; that the bill be read the second time by council -- bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. 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 17687. II - Items acted upon with one motion after discussion of individual items as requested. Previously discussed in committee on June 16 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams, Murray, Bradley, and Shirey) and 23, 1976 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams, Murray, Bradley, Hamel, and Shirey). Minutes of those meetings appear below in italics. A. Improvement P~titions 1. Paving alley between 5th and 6th from Pearl to High - 77% of assessable proPerty on petition. 2. Sanitary Sewer on Whitbeck Blvd. from Durbin to McLean Blvd. - 51. 5% of assessable property on petition. 3. Paving, Sanitary and Storm Sewer within Patrick Subdivision - assessment Comm totally within subdivision. 6/16/76 Mr. Keller IlDved seconded by Mr. Haws to approve the petitions. Approve Motion carried unanimously. it -- B. I Renewals - Liquor Licenses 1. Black Forest Tavern, 2657 Willamette (RMB) 2. Of Grape and Grain, 45 West 29th Avenue (PS) Comm Mr. Keller IlDved seconded by Mr. Haws to recommend approval. 6/16/76 Motion carried unanimously. Approve Added since committee: Porter's Foods, 160 East Broadway (PS) C. PUD Regulations Revisions - Planning COmnUssion meIlD has been distributed to Council outlining proposed revisions. Also distributed were copies of ordinances and resolutions that would effect the revisions and make related changes in the code. A committee has studied the matter for approximately two years and there are various substanti ve changes. Mr. Keller wondered if any builders were invo1 ved in the study process, and Assistant Planning Director said that, during the entire process, staff worked closely with'the Homebuilders Association as well as the American Institute of Architects and neighborhood groups. Mr. Chenkin replied to Mr. Williams that staff did not expect the revisions to be too highly contested. Mr. Keller l10ved seconded by Mr. Haws to set a hearing for July _e 26. Motion carried unanimously. Comm 6/16/76 Approve 6/28/76 - 12 3'3 D. Neighborhood Organization Policy Revisions - Resolution setting"out the revised policy statement and newspaper clipping have been distributed to Council. The e matter had been referred to a special committee composed of Council members Murray and Williams, Planning commissioner Reeder and several neighborhood "- group representatives. Mr. Williams said his impression was that no formal referral would be made to the Planning COmaUssion or neighborhood groups but that a hearing date would be established far enough in advance to allow input from those groups. Two major proposed changes are 1) to make clear that neighborhood groups are separate entities, not part of the city, and 2) setting standards and controls by which newsletters will function in terms of fairness, clear right of city access, etc. Mr. Keller rroved seconded by Mr. Haws to set a hearing for July 26. Mayor Anderson asked for clarification on Section I (c) which says the neighborhood organization is open to the total area and diversity of interests present in the neighborhood and that participation is open to any property owner or tenant. It. further says criteria regulating voting shall be determined by each neighborhood group, shall not exclude residents and shall be included in the governing document. /tIr. Williams responded that there remains some controversy in that area. The language is vague, he said, but his impression is that it clearly encourages neighborhood groups to let anyone vote who chooses to do so, - though it does not say that everyone will have the right to vote. - Mr. Murray said there is feeling that the stated position is reasonable since the theoretical argument is, "would it be correct for a property owner to have a strong voice in eight different groups if owning property in eight different areas". Mr. Bradley does not agree that the wording should be purposely vague, thinking the phrase "or property owners" should be included in the last sentence after "shall not exclude residents". Mayor Anderson felt this point could be further discussed at the time of the public hearing. Mr. Bradley rroved seconded by Mr. Williams to amend the rrotion changing Corom the date to August 23. Motion carried, Mr. Keller, Mr. Bradley, Mr. 6/16/76 Williams and Mrs. Shirey voting aye, Mr. Murray and Mr. Haws voting Approve no and Mrs. Beal abstaining. Vote wa.s taken on the mot.ton as amended wh.tch c.rr:J.~d, a.ll counc.tl members present vo~.tng aye except Mr. Haws voting no. E. Central Eugene Project Financ.tal Settlement - (Oregon-R-18) Copies of forms of notice for advertis.tng public hearing dates for early financial settlement of the Central Eugene Project have been distr.tbuted to Counc.tl. The purpose of the hearings before. the Co unci 1 and ERA jointl y is to review the terms of the financ.tal settlement and see if such action is appropriate to the Objectives e of the ci ty of Eugene. Comm -. Mr. Keller moved seconded by Mr. Haws to establish June 28 and July 12 6/16/76 as public hearing dates. Motion carried unanirrously. Approve . 3:)Lf 6/28/76 - 13 . F. Revised Chapter 5 - Eugene Traffic Code - Memo of explanation and revised code have been distributed to Council members. The code revisions incorporate the e revised state code as well as maintain unique city provisions. Minor changes are still being made and the finished document will be before the Council at the .....,/ June 23 Committee meeting. City Attorney Stan Long said the department heads have made a few suggestions and Council suggestions are desired as well. The revisions have to be adopted at the June 28 Council meeting as the state motor vehicle code revisions become Corom effective Julq 1. 6/16/76 Revised Chapter 8 - Eugene Traffic Code - Code was transmitted June 16. June 18 meroo from Asst. City Attorney John Franklin and proposed ordinance have been distributed to Council. A new subsection has been added which regulates the use of 2-way left-turn lanes. Another addition provides that bicycles shall be subject to provisions of Chapter 5 except those provisions which by their very nature can have no application to bicycles. Corom Mr. Keller moved seconded by Mr. Haws to adopt. Motion carried 6/23/76 unaniroously. Approve G. Coopers-Lybrand Audit Agreement - Finance Department mem::> and audit agreement for year ending June 30, 1976, have been distributed to Council. Other than a 10% increase in cost, bringing the fee to $22,600, the agreement is the same as in previous years with Coopers/Lybrand. Corom Mr. Kellerm::>ved seconded by Mr. Haws to authorize the City Manager 6/16/76 to sign the agreeIrJent. Motion carried unanimously. APprOVett H. Airport Open Burning Request - Information regarding this request was .-' distributed with.the June 9 Committee agenda. The Airport Commission has requested that open burning at the Airport be allowed in cooperation with the DEQ. The purpose is to further experiment with possible ways of disposal of straw through a stack burning method. Mr. Scott Freeburn, DEQ Eugene Office, said that this method would be useful in gathering information on stack burning. It is an unusual opportuni ty because a farming tenant on airport property has straw stacks available for use. Mr. Freeburn has talked wi th Tom Miles, project engineer for field burners, who wants to take part in the experiment and who will probably organize most of it. Some stacks will be placed in permanent storage, as well, to see how long they will last. Burning would be conducted at different times of the season. Mr. Freeburn noted also that the Field Sanitation Committee supports the program. Mrs. Beal recalled Council previousLy taking a firm stand against open burning at the Ai.rport because i.t is to the windward side of Eugene. Mayor Anderson said that Mr. Marv Ringsdorf, osmer of the straw on the property, has worked closely with the Field Burning Corrmittee. He added that there are approximately 300 stacks available to burn and it was felt the straw would b~ particularly adaptable to the experiment. Mr. Freeburn sai.d all precautions wi.ll be used. The fi.res would be fairly -- small, and they would conduct as much of the burning as possible under south and southwest wi.nd conditions. ..- Corom Mr. Keller moved seconded by Mr. Williams to approve the request. 6/16/76 Motion carried unanimous'ly. Approve 6/28/76 - 14 ' 3"-5 --.- r. Ci ty Hall Business Hours - Merro and schedule sent with June 9 Corrunittee agenda. The resolution now stipulates that offices are open from 8 a.m. to 5 p.m. with e no noon intermission. Because of public need and convenience, budgetary cutbacks, carpooling, etc. office hours for departments such as police, parks, "- library, etc. are not on an 8:00 to 5:00 basis. Staff asks that the current practice be ratified. Comm Mr. Keller zroved seconded by Mr. Haws to authorize staff to 6/16/76 prepare the necessary resolution. Motion carried unanimously. Approve J. U.S. Senate Bill #1 - Summaries of the bill as presented in Congress, together with brochure distributed by ACLU, were distributed to Council members. Mr. Bradley gave the background leading up to the proposed bill. He also noted much opposition to the bill, including the senator serving on the original committee working on this legislation, various national newspapers, Lane County Corrunissioners, the City of Cottage Grove and the City of Denver. He suggests similar action be taken by the City Council. Mr. Williams is troubled by taking any stand when all the varticulars of the bill are not known to all Council members. - Mr. Bradley said he could easily point out the repressive features in summary form. Comm As there were no objections, it was understood Mr. Bradley would make 6/16/76 summaries available to Council members and that it would be further Approve considered at a Committee meeting fOllowing receipt of those summaries. e U.S. Senate Bill #1 - Information from Mr. Bradley has been distributed to Council. Comm Mrs. Beal moved seconded by Mr. Murray to adopt a resolution 6/23/76 similar to the one passed by Lane County opposing adoption of Approve S. B. l. Motion carried unanimously. "-_. K. Transfer of City Funds - Manager noted that a resolution distributed at this meeting will be on the June 28 Council agenda relating to transfer of funds Comm from various funds to cover 1975-76 unanticipated expenditures. There were 6/23/76 no questions fDom Council members' on the transfers. Approve Manager noted the deletion of $200,000 originally included in the proposed transfer. L. Assessment Panel Report - June 21 --- -.-...- Present: Counci1member Murray, City Engineer Bert Teitze1 C.B. 1163 - Levying assessments for sanitary sewer to serve the Willagillespie-Russet annexation area between Goodpasture Island Road on the North, Norkenzie Road on the East, Country Club Road on the South, and Delta Highway on the West Requests to be heard were received from Inga M. Wical, 1035 Rio Glen Drive; Wayne Chynoweth, Route 2, Box 294Ai and A. E. Munson, 1544 Russet. Ms. Wical, Messrs. e Chynoweth and Munson did not appear, however, Mr. and Mrs. Russell Hogue of 1081 Fir Acres did appear. Councilman Murray opened the hearing by stating that the purpose of the meeting was to hear Objections and present testimony concerning the assessment. He further stated that action taken at this time is advisory to the Council. 3d:? 6 6/28/76 - 15 .1 Mr. Teitzel explained that the assessment hearing was for the Willagillespie-Russet annexation area. He further explained that the annexation was originally initiated by e petition of a portion of the area and later expanded by City Council action. He stated the annexation was final November 5, 1973 and the improvement ordinance for the , sewers was initiated by the City Council in June of 1974. He explained that two contracts for the construction of the sewers were awarded in 1974 and one was awarded in 1975 ~nd that this assessment is for all three contracts. Mr. Teitzel further explained the city's policy of assessing only the cost of an 8-inch equivalent pipe to the property Oliner and the cost of the service line from the lateral to the property and that the assessment is broken into three different costs, lateral, service and 1/29 levy. Ur. Teitzel stated that three different property owners had asked to be heard and that Ms. Wical had called late in the afternoon and had staT-Ad that she could not make it to the meeting. J'fr. Russell Hogue of 1081 Fir Acres stated tilat he had questions regarding the 18-inch trunk line which ran the full length of his property. He wondered if the cost of this trunk line would be shared by all property owners and if he was assessed for the land area within the street. Mr. Teitzel stated that the assessment was figured on all area within 160 feet of the sewer on an area basis and that all land area within 160 feet pays for the lateral system on*the,pasis<Qf an 8-inch pipe equivalent. He further stated that all property ...,ithin the Willakenzie'**annexation area is assessed on the same rate per square foot ~nd is only assessed 160 feet from the sewer line. He further stated that no area within the public right-of-way is included. Mro Teitzel further explained that all prope~~ is assessed at a rate of 1/2 cent per square foot for the trunk levy, for .its total acreage, and that an equal amount is assessed against all properties for e the service line connection fee regardless of how far the line is run from the main -/ 1.; 11e. should"be **Willagillespie** Mrs. Hogue stated that they could not understand how their area was assessed and felt: by the desqription that they were being assessed for 180 feet. Mr. Teitzel nxplained that the city had used their property description from the Courthouse - , , "'!I.:ords, but that they were only assessed for 160 feet and not for that area dt;lin the right-of-way included in their deed.. Hr. Teitzel stated that Mrs. Inga Wical's Objection to the assessment had been r.egarding an extra lot she had purchased for garden purposes behind her home and 'vlJich the city had only assessed for the 1/29 levy. Mro Teitzel further explained t~at he could not recommend not assessing this property unless the same was done fer. all property in the area which would be contrary to the present assessment policies. Recommendation: Levy assessments as proposed. Comm Mr. Keller lOOved seconded by Mr. Haws to levy assessments as proposed. 6/23/76 Motion carried unanilOOusly. Approve M. Appointment - Community School Advisory Committee Corom Mr. Keller moved seconded by Mr. Haws to appoint Henry Falkenstein 6/23/76 to the cOmrrUttee. APpro. Mrs. Beal,wondered about the appointment process. Manager noted that the Advisory Comrndttee .suggests names which are then acted on by both the Council and the School Board. Vote was taken on the motion which carried unanimously. 6/28/76 - 16 3l..1 --- N. Special Council Meeting to Adopt Budget - A question arose as to why the budget is not adopted at the June 28 Council meeting, after announcement of scheduling - a meeting on June 30 for that purpose. Assistant Manager explained that the public hearing on the budget is set for June 28 and that staff fel t adoption -. should occur after the June 29 election. In answer to a question from Mr. Bradley on whether changes can be made at this point, Finance Director noted that appropriations may be moved within funds but that the total amount of the budget levy, as ap~roved by the budget committee, cannot be changed more than 10% and revenues must be sufficient to balance the budget. Comm Mrs. Bea1 moved seconded by Mr. Haws to hold a special council meeting 6/23/76 on June 30 at 11:30 a.m. in the Council Chamber. Motion carried Approve unanimously. - ,--------- O. Street and Easemeiit Vacations - Recc)mmended by Planning Corrunission May 24, 1976. Maps have been distributed to CoUncil. 1. Jessen Street between Ohio and Wisconsin (Cole) (SV 76-1) 2. East end of Corliss Lane, east of River Road (Spradlin)(SV 76-2) 3. Easement north of East 29th between Willamette and Oak (City) (EV76-l) 4. Easement east of City View, between W. 27th Avenue and Corinthian Court (Furtick/Maks) (EV76-2) Comm Mr. Keller llDved seconded by Mr. Haws to call a public hearing on 6/23/76 Approve the above items. e In answer to Mr. Haws' question on Item A regarding any future bike path plans, Planning Director said that the Master Bike Plan does not provide for a major route on that street. There is a floodway channel to the north of that street that is being looked at as a potential. Public Works Director said there would be sufficient right of way between the vacation and the edge of the drainage channel to accommodate the bike path if the city so desires. Mr. Haws requested that the matter be referred to the bike committee for consideration. Vote was taken on the motion which carried unanimously. P. Property Acquisition - Future S~ell~te Fire Station - 28th and Polk - June 2 memo from Fire Department has been distributed to Council. The fire chief indicates the property, owned by Mr. and Mrs. Toobert, is available for $8100. An adjoining piece of property owned by the county is also available if the Toobert property is purchased by the ci ty . The site has been identified by the fire station locater model as a suitable site. If the Satellite Station concept is adopted, the fire chief feels it is important that property be acquired as soon as possible for the satellite stations. It was noted that a nursing home in the area is in support of construction of a fire station on the proposed site. e Comm Mr. Keller moved se,conded by Mr. Haws to authorize staff to acquire 6/23/76 the Toobert and County parcels. Approve 6/28/76 - 17 3~8 Mr. Murray objected to purchasing property as part of a plan not yet adopted. Asst. Manager responded that the concept of satellite stations has been developed by staff but not presented to Council as yet because of the budget and possible e reduction in level of fire service. Whether or not the satellite station concept is accepted, there is a need for a fire station in that area, whether it be full service or satellite. Vote was taken on the motion which carried unanimously. Q. Right-of-Way Purchase, 2197 Four Oaks Grange Road - (Dennis and Geraldine Day) - Map has been distributed to Council. Staff requests authorization to purchase the right-of-way for $200, for sidewalk construction. Mr. Keller moved seconded by Mr. Haws to authorize staff to purchase Corom the right-of-way on the above property. Motion carried unanimously. 6/23/76 --.. Approve R. Temporary Trailer Office - 105 Oakway Mall - June 9 letter has been distributed to Council in which American Savings and Loan requests continuation of the temporary trailer office facility pending completion of a permanent structure on the site. Corom Mr. Keller ITOved seconded by Mr. Haws to call hearing for July 12. 6/23/76 Motion carried unanimously. Approve S. Tri-Agency Do~ Control Agreement - Agreement transmitted to Council June 16. Lane County and the Ci ty of Springfield have both executed the agreement. Corom Mr. Bradlr;y said that the Tri~agency committee feels the agreement provides 6/23/76 for a good working relationship and that it should be approved. Approve Mr. Keller moved seconded by Mr. Haws to authorize the City Manager e .-./ to sign the agreement. Motion carried unanimously. Amendment to Code section 2.393 re: Conflict of Interest - Memo from City - T. Attorney and proposed amendment have been distributed to Council. Assistant City Attorney Stan Long explained that the amendment which woUld insert the word "financial" as it relates to conflict of interest was drafted as a result of a zoning case in which a challenge was filed to a council member on the basis of the interest of the council member's wife in the zoning matter. At that tirre, the code was interpreted as intending to be a prohibi tion on pecuniary interests, though that was not specifically stated in the code. Mr. williams wondered whether conflicts should be limited to financial ones. Ci ty Attorney fel t that to go beyond "financial conflict" would be unwise. Corom Mr. Keller moved seconded by Mr. williams to approve the amendment, using 6/23/76 the word "pecuniary" in place of "financial". Motion carried unanimously. Approve U. Council minutes April 12, 1976 as circulated Approve V. Parkway PUD - Mr~ Murray referred to a letter from a group of people, including 'Mary Milhaupt, requesting that the Joint Housing Committee be directed to work with the group on developing single-parent housing. Mr. Murray has discussed the letter with Mrs. Niven and they feel there is no ,need for instructive action at this point. The Joint Housing Committee - will work with any group and it was their' feeling staff should communicate '- this message to the signers of the letter. Mr. Murray further stated that the Joint Housing Committee agrees the primary target group remains the 6/28/76 - 18 3~9 single parent and there is no need for further documentation of need. The commdttee should receive advice on mdnimum design standards and social e services to be provided. Mayor Anderson felt it should be emphasized that the Joint Housing Committee "-' throughout the year has been informal and open to everyone. He does not think there is need to set up channels of communication. Mrs. Beal thought perhaps Council should direct staff to respond to Mrs. Milhaupt's group suggesting they attend Joint Housing Committee meetings and using that avenue which is always open to them. Comm As there were no objections, Chair ordered that staff send such a 6/16/76 communication. Affirm W. CETA Title VI Legislation - The Board of County commissioners "this morning" passed a resolution relative to CETA Title VI legislation going to Congress "torrnrrow" . Copies of that resolution were distributed to Council. Commissioner Bob Wood said the County hoped that the City Council would take simdlar action supporting the extension of CETA Title VI emergency jobs legislation. They urge communication by wire or phone with Senators Hatfield and Packwood. Comm As there were no objections, Chair ordered a supportive wire be 6/16/76 sent to both Senators Hatfield and Packwood. Affirm x. Planning Department Services - Mrs. Beal requested staff response on rroney - spent on planning functions not covered by fees. Comm .~ 6/23/76 It was understood a report would be brought back. Affirm Y. Zone Change Decisions - Mr. Murray asked for staff response on the Supreme Court decision regarding the public's right to reverse zone change decisions Comm made by public officials. It was understood staff would respond shortly. 6/23/76 Affirm Z. Metropolitan Plan POlicy Committee Meeting - Mr. Bradley reported that, at the June 10 meeting of the MPPC, the year 2000 was tentatively selected as Comm the target date. The committee also passed a resolution requesting that 6/16/76 the State Land Conservation and Development Commission take action on the File joint application of Eugene, Springfield and Lane County. AA. Regional Corrections Facility - Mr. Bradley requested staff response on the progress of a regional corrections facility., He wondered about consideration of the feasibility of a city jail~due to approval of a corrections facility by a large percentage of voters in the city limits. It was understood discussion of a "city" jail would be Comm 6/16/76 scheduled on a Commdttee agenda. File Lane County Jail Funding Alternatives - Manager noted that the County intends to resubmdt a jail proposal at the November election. In the meantime, alternatives will be considered, e.g. eliminating certain features of the present proposal or incorporating the present jail into the planning. Staff - feels the County is taking the proper action at this time. --- Mr. Bradley wondered about reasons behind transfer of the jail to the County two years ago. Asst. Manager explained that, since it is a regional facility, 6/28/76 - 19 33a there were questions under state law as to responsibility. The Ci ty is still a joint owner in the physical structure, and the present arrangement under County operation is working well. Mayor Anderson and Mrs. Beal felt that there has been positive improvement in - .--- the organization and administration of the jail since the county has taken over the responsibility. Mr. Bradley wondered if the city could make recommendations should the jail proposal continue to be defeated. Mayor Anderson responded that it would be unfortunate for the city to take a position at this time other than supporting the county in its endeavors. To do otherwise would undermine the confidence of voters in the program. Corom Mr. Bradley wondered if it would be possible for a council member to attend 6/23/76 or take part in the staff planning committee meetings. Mayor Anderson did File no t feel that it would be advisable and Mr. Murray concurred, feeling that other alternatives are being taken and they are compatible with the agreement as to who has responsibility for the jail. To tamper with it in any way is to defeat the end goal. BB. Proposed Charter Update - Summar-yreport from City Manager and proposed revised charter were distributed to Council. Manager pointed out that the new index shows old chapter numbers and the corresponding new ones. He further explained that staff has attempted to make the language understandable to all persons while being legally correct. The legal approach to the charter has been changed as well as the general grant of powers. 'Instead of being highly detailed and specific, Section 3 grants the city the authority to do the things constitutionally allowed cities. ~- Procedural items 10CJre appropriately located in the city code have been re1OCJved. - Substantive changes of probable concern might include the freeway amendment, collective bargaining, EWEB, and garbage collection. On those matters, staff --" has stri ved for conformance to council's basic policy statements, though diverse interests of the community may cause interpretations to differ. Manager read the proposed Chapter 1 which is a wholesale simplification of the language eliminating complex and unnecessary property descriptions. The chapter deals with the corporate name and capacity and with boundaries. Chapter 2, Powers, which relates to the vesting, grant and construction of powers, is similar to IlDstcharters in Oregon that have been adopted since 1930 and has been tested in the courts on several occasions. Mr. Williams felt that both Council and citizens will be interested in knowing what powers will accrue to the city that it did not have previously under charter provisions. City Attorney Stan Long said there is no substantial change. He said that staff has often been forced to search through the document to detemine if certain powers exist. Any changes will be obvious in the Attorney's and Manager's offices. The city's activities will not alter dramatically but much of the awkwardness in handling matters will disappear. Mr. Williams felt that reasons should be given as to the cause and effect of this - proposed rewording and it was understood more information will be provided. Manager said that Chapter 3, City Council and Mayor, is much the same as the present one but does include a good deal of editing. . 6/28/76 - 20 331 . I n the case of a vacancy in any electi ve office, Mayor -Anderson wondered about providing that an appointed replacement would serve until the next general ,- election, with an elected representative then filling out the balance of the term e vacated, rather than the appointee automatically serving the balance of the term vacated. It was noted that Sect:ion 24 deals with that matter. Section 2~. Vacancies - ,Filling, states that e:.~e Council "shall fill a vacancy in an elective city office by appointJrent wi thin ninety days after the vacancy occurs. A person - so appointed shall hold office until the beginning of the first year; after the next regular biennial November election and until the successor Comm to the office is duly elected and qualifies therefor. The term of office 6/16/76 of any person appointed or elected to fill such a vacancy shall expire when File the term' of the person whose death, relOOval or resignation causes the vacancy would have expired had that person' continued in the office." It was agreed that the language in Section 24 was somewhat ambiguous and possibly conI li9ting. The City Attorney's office will rework it. It was understood review of the charter would continue at the June 23 Committee meeting. Pro-Posed CharteF - Informa-tion was transmitted to Counci"[ June 16. Ci ty Attorney's office has provided additional information on the section on Powers, including information on cities in Oregon which have charters with general grants of powers. Orval Etter, Ci ty Attorney's office, has suggested the new wording in Section 24 - Vacancies~Filling. He suggested rerroving the words "appointed or" from the last sentence in that section. That rewording would clear up the - ambiguity in that section and would provide that a person appointed to fill a vacancy in an electiv~ office would serve only until the next election, not to the end of the term vacated. . Sections 9 and 10 were reviewed. On Section 9, Mr. Williams wondered whether all cOU(1cil meetings are to be held in City Hall. It was understood the City Attorne'g will research whether that option should be preserved as being ,llDre consi'stent with open government. On Section 10, Mr. Williams questioned the wording that an absent member can be compelled to attend. It would seem that could result in some liability. Assistant Manager commented that, for political reasons, one member could boycott the meeting and prevent council from conducting its business, whic~ could cripple the city's operations. Comm City Attorney Orval Etter said the word compel is very broad terminology, 6/23/76 leaving much latitude; and Stan Long felt there would be some obligation to File "behave reasonably", but the Attorney's office will look at the matter of liability. Sections 11, 12 and 13 were reviewed. Section 13 provides that a council president shall be chosen the January following a November general election. At Mayor Anderson's suggestion, it was understood the sentence would read, "the first meeting in January of each year", to conform to present practice. - Sectiors 14,and 15 were reviewed. Section 15 states that a council member may not: be "questioned in any other place for words uttered in debate in the Council". Mr. Etter said this provision has been in the charter since 1905 and most likely means a person ~~y not be harrassed in some other way than by a law suit. It was understood the city attorney's office would look at this provision, which 33~ 6/28/76 - 21 - -- --- - - r~----._'_._- is a grant from the state legislature, to see if it coptains any shield o,f protection in any future circumstances.. Glen .s:adler, EW:B, thought ~hat it sh~uld be determined whether the , .~ ~rov~s~onl would ~nclude Comrruttee meet~ngs, subcommittee meetings, etc. '" or just Council meetings. ** Mayor Anderson commented that he is most uncomfortable with the language since, as stated, it does appear to involve freedom of the press. CC. Multnomah County Noise Ordinance. - Mr. Bradley requested staff opinion on the noise ordinance recently passed bg Multnomah County and also some response Comm on how Eugene's noise ordir~ce study is progressing. Manager replied that 6/23/76 Eug~ne's study is underway and results will be available shortly. File DD., Boards and Co~ssions Placques , /1anager announced that recognition will be given at the July 12 Council meeting to retiring members of boards and cOrnrrUssions. 6/2~~~ , File **It was agr,eed because of time element in reviewing the charter revision, the committee meeting on Wednesday, July 7, would commence at 11:00 a.m. and run to 2:00 p.m. and be devoted entirely to charter review. ~fr. Keller moved second by Hr. Haws to approve, affirm, and file as noted Items A through DO. Rollcall vote. Motion carried, all Council members present voting aye. 4f!I( II I - Ordinan<;:es. _''___' ". ,__.', ,.._ .' _.." _ _ '. ' .. -_._--_. - Council Bill 1163 - Levying assessments for sanitary sewer to serve the W~lla- gillespie/Russet annexation area between GoodpastureI?land Road on the north, Norkenzie Road on the east, Country Club Road on the s~\l~.h, and Delta Highway on the west (75-01), read the first time on June 14, 19~~!i._t and referred to Assessment Panel for hearing on June 21, 1976, was brought'!~~ck for consideration with recommendation to levy assessments as proposed and read the second time by council' bill number and title only, then~ being no Council member present requesting that it be read in full. 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 17688. Council Bill No. 1171 - Establishing moratorium to July 1, 1977 on conditional use permits in area between Pearl Street and High Street, and between 1st Avenue (High extended) and east/west alley south of 3rd Avenue 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 all council members present 'voting aye'excePt:~.DunC~l . members Bradley and Shirey abstaining and the bill was read the second time by council \ bill number only. ~ ~... r - l~ Mr. Keller moyed second by Mr. Haws that the bill be approved and given final passage. ~' Rollcall vote. All' council members present voting aye, except Council member Bradley and ShireY abstaining, the bill was declared passed and numbered 17689. ,,' 6/28/76 ..: 22 3.33 Council Bill No. 1172 - Amending, repealing, and adding certain sections to City Code re: Traffic laws 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 ~1r. 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 17690. Council Bill No. 1173 - Calling hearing August 9, 1976 re: Vacation of Jessen Street between Ohio Street and Wisconsin Street (Cole)(SV 76-1) 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 17691. Council Bill No. 1174 - Calling hearing August 9, 1976 re: Vacation of east end of - Corliss Lane, east of River Road (Spradlin)(SV 76-2) was read by council bill number and title only, there being no council members present requesting that it be read in full. Mr. Keller moved second by 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 17692. Council Bill No. 1175 - Calling hearing August 9, 1976 re: Vacation of easement north of East 29th Avenue between Willamette Street and Oak Street (City)(EV 76-1) 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 17693. Council Bill No. 1176 - Calling hearing August 9, 1976 re: Vacation of easement east of City View Street, between West 27th Avenue and Corinthian Court (Furtick/Maks)(EV 76-2) was read by council bill number and title only, there being no council member present requesting that it be read in full. ~~ 6/28/76 - 23 Mr. Keller mOVied:;second by Mr. Haws that the bill be"Tead 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 17694. Council Bill No; 1177 - Amending Code re: Conflict of interest 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 taht 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 17695. Council Bill'No~:1178 - Paving alley between 5th Avenue and 6th Avenue from Pearl Street to High Street (1287) was read by council bill number and title only, there being no council member present requesting that it be read in fu II. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bi~l number only, with unanimous consent of the Council, and that enactment be considered at e 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 17696. - Council Bill No. 1179 - Adopting plans and specifications for paving alley between 5th Avenue and" 6th Avenue from Pearl Street to High 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 17697. Council Bill No. 1180 - Sanitary sewer on McLean Boulevard form Durbin Street to Whitbeck Boulevard (1282) 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 biil 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. 6/28/76 - 24 335 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 e numbered 17698. Council Bill No. 1181 -.-Adopting plans and specifications for sanitary sewer on McLean Boulevard from Durbin Street to Whitbeck Boulevard 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 17699. Council Bill No. 1182 - Paving streets within Patrick Subdivision (1297) 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 17700. Council Bill No. 1183 - Adopting plans and specifications for paving streets within Patrick 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 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 17701. Council Bill No. 1184 - Sanitary sewer and storm sewer within Patrick Subdivision (1297) 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 17702. 6/28/76 - 25 33~ Council Bill No. 1185 - Adopting plans and specifications for sanitary sewer and storm sewer within Patrick 'Subdivision was read by council bill number and title only, there being no council member present requesting that e 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 ~onsider.ed 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 17703. IV ..: Resolutions Resolution No. 2523 - Setting city office hours from 8:00 a.m. to 5:00 p.m. and repealing Resolution 824 (adapted 10/31/64) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all cou~cil members present voting aye. Resolution No. 2524 - Stating position in opposition to Senate Bill No. 1 re: Criminal Justice Codification Revision and Reform Act of 1973 was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion e carried, all council members present voting aye. Resolution. No. 2525 - Authorizing transfer of funds, 1975-76 budget, 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. Resolution No. 2526 - Calling hearing July 12, 1976 re: Temporary trailer office at 105 Oakway Mall (American Savings and Loan Association) 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. Resolution No. 2527 - Authorizing payment of bills and claims for period June 14 through June 28, 1976 was read by number and title. Councilman Williams asked about the $2700 payment for survey work on the Lincoln Com- munity Center. It was understood payment would be withheld until there was an explana- tion of the work done for that amount of money. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Upon motiop duly made, seconded, and carried, the meeting was adjourned to e Wednesday, June 30, 1976, at 11:30 a.m. ~O~ Charles T. Henry 6/lBj76 - 26 337 City Manager