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HomeMy WebLinkAbout07/26/1976 Meeting M I NUT E S EUGENE CITY COUNCIL - July 26, 1976 - Adjourned meeting - from July 14, 1976 - of the Common Council of the city of Eugene, Oregon was called to order by Council President Gus Keller in the absence of Mayor Anderson at 7:30 p.m. on July 26, 1976 in the Council Chamber with the following other Council members present: Eric Haws, Wickes Beal, Neil Murray, D. W. Hamel, and Edna Shirey. Council members absent were Tom Williams and Ray Bradley. Comments were received from Ryu Shinoya, leader of a group of young Japanese people visiting the city and for whom a reception was held, under the sponsorship of the University of Oregon, prior to the Council meeting. It was noted that the group was vising this country in connection with activities of the International Youth Association of Japan. Mr. Shinoya read a letter sent to the Council from Kazuo Shinoya, president of the Association. I - Public Hearings A. Vacation of Cameron Court and portion of Douglas Drive between McLean Boulevard and 34th Avenue, retaining easement for existing water main (Storms)(SV 75-3) Jim Saul, planner, noted the vacation was recommended by the Planning Commission on April 26, 1976. It was a right-of-way dedicated while the area was still in the county and the development pattern established since annexation doesn't rely upon this dedication. He noted that an easement would be retained for an - existing water main. Public hearing was held with no testimony presented. Council Bill No. 1202 - Vacating Cameron Court and portion of Douglas Drive between McLean Boulevard and 34th Avenue was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mrs. Beal that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17720. r-^-l B. Permit for temporary trailer office at north~ast corner of Broadway and Pearl (People's Bank) Manager reviewed staff recommendation to permit the temporary trailer for a period of 18 months. The trailer would be used as offices for People'S Bank until the permanent structure was completed. Public hearing was opened. - Larry Thorp, attorney, as well as a representative of People'S Bank were present and offered to answer any questions the Coune j 1 might have. Public hearing was closed, there being no further testimony presented. 3~3 7/26/76 - 1 L-............. _.~ Resolution No. 2534 - Authorizing temporary trailer for office of PeoPfe's Bank at northeast corner of Broadway and Pearl for 18 months was read by number and title. It. ,,~ Mr. Haws moved second by Mrs. Beal to adopt the resolution. Mot ion carri ed unanimously. C. Appeal from Zoning Board of Appeals denial of variance for duplex at 388& Robin Street (James & Company for Carl Petersen) Variance denied by the Zoning Board on May 27, 1976. Mr. Haws moved second by Mrs. Beal to refer the appeal to Assessment Panel for hearing on August 2, 1976. Motion carried unanimously. D. Revision of Planned Unit Development Regulations I-A-2 Manager noted the proposed revisions were the result of Planning Commission and special committee study for about two years. He asked Gary Chenkin, assistant planning director, to review the proposed changes recommended by the Commission on April 26, 1976 and covered in Planning staff notes and minutes of that date, previously distributed to the Council. Mr. Chenkin reviewed in detail the proposed changes in regulations, saying they would still provide for a three-step process in consideration of planned unit developments: (1) Pre-preliminary or diagrammatic, offering careful review of off-site impact; (2) Preliminary, relating to on-site considerations such as topography, vegetation, street/walkway layout, etc; (3) Final or technical, which would include review of engineering and development of details to ensure their correspondence to what was approved in the first two steps. A major e modification, he said, was use of a density point system based on bedroom count rather than dwelling units, which would more accurately indicate the number of .....- people anticipated to live in a development. Mr. Chenkin reviewed statistics based on the anticipated use of the density p~int count, also detailed in plan- ning staff notes. Also presented were changes in the code related to planned unit developments, mostly housekeeping measures except one amendment, which would add site review criteria and special criteria oriented to erR provisions to be met before approval. This was proposed to avoid the cumbersome process of going through both conditional use and planned unit development procedures, and allow consideration by a hearings official rather than the Commission. Finally, Mr. Chenkin said the proposed changes also involve two resolutions, one that would translate dwelling units per acre to density points per acre in the South Hi 11 s , the other that would adjust fees for PUDs because of difference in time allqcated in processing under the new procedure. Public hearing was opened. Richard Unruh, member of the PUD committee of the Homebuilders Association, ex- pressed the Association's general concurrence in the proposal as presented. He expressed one reservation, covered in a letter from the Association which he presented to the Council, about the numbers finally affixed to the various build- ing types in the density point system. He said the concept was approved, but it was felt the results gave more density than there should be. Public hearing was closed, there being no further testimony presented. -- In response to Mr. Unruh, Mr. Chenkin said that in figuring the point allocation, ....../ an attempt was made to keep the maximum as close as possible to the average PUDs encountered to date. He said the Homebuilders want a different figure in the three- and four-bedroom units, particularly where the Commission has already re- 7/26/76 -- 2 3~'i duced it to some extent. He cited the number of units in varying situations which could be built under the proposed point system as compared to the number the e Homebuilders would like to see permitted. Mr. Chenkin said the Commission had already considered the concern expressed by the Homebuilders and, feeling the - average density had been reduced sufficiently already, took the position not to recommend any further reduction. He said his understanding was that the Homebuilders felt a project would not be as economical or attractive to build under the density recommended. Counc il Bi 11 No. 1203 - Amending City Code re: Planned Unit Development Regulations, repealing Sections 9.508 to 9.526 and 9.768 to 9.792, adding Section 9.508, 9.509, 9.510, 9.512, 9.514, 9.516, 9.518, and 9.520 was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be read the second time by I-A-3 council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mrs.Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17721. Counci 1 Bi 11 No. 1204 - Amending City Code re: Changes related to planned unit development regulations was read by council bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17722. Resolution 2535 - Amending portion of Exhibit "A" attached to Resolution No. 2295 re: South Hill Study was read by nubmer and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution 2536 - Amending Resolution 2461 adopted November 10, 1975 re: Fees for planned unit development applications was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. E. Charter Revision . f2on~_~!!.!!E!L!!ev ic~ or ?ro,]XJ~f!!L!-:-'harter - Suggested rewording was distributed ear I icr to Council regarding majority vote for candidates for elective office. Also :i.istribllted were memos with regard to approval of ordinances by the Mayor, .1nd counc.i 1 President funct.ioninq as Mayor, as well as memos on garbage collection 'md the 1 ibraTlj. 3'5 7/26/76 - 3 ----- ---~-- Orval Etter, City Attorney's Office, felt that majority vote is best dealt with in Section 19. He raised a question on whether EWEB board members should be treated the same. e Mr. Murray felt consistency was best, and Mr. Keller concurred, suggesting .j it also be referred to EWEB. Assistant Manager referred to redraft of Section 29. "The Mayor shall sign Carom the ordinance officially" has been substituted for "the mayor shall write 7 /14/76 approved on. . .". Regarding the redraft of Section 13, Mayor Anderson questioned File "disabilities" in the proposed sentence reading, "the president of the Council has the legal powers and disabilities incident to the office of Mayor". Mr. Etter said that "disability" is a legal incapacity to do something. At Council's request it was understood City Attorney would consider other language in place of "disabilities". The draft also speaks about the Council President's functioning as Mayor "after the Mayor is absent from the ci ty for 30 days. . .". In answer to a question raised by Mr. Murray, it was understood that staff would redraft language' to provide that the Council President will immediately assume Mayoral duties if it is known in advance that the Mayor will be out of town for 30 days or more. Chapter IX, Public Improvements, was reviewed, including Section 37- Procedures for Public Improvements, Section 38 - Assessments, and a new Section 39, Amendments. Mr. Etter explained that these sections were fashioned after the model charter for Oregon cities which contains provisions to the effect that local- improvement procedures and assessment procedures shall be governed by ~ ordinance, superseding the old tradition that charters spent Pages spelling .- out assessment procedures. Mr. williams raised a question of Council duty in determining the assessment process to avoid arbitrary formulas by which those ,assessments are levied, Assistant City Attorney Stan Long responded that, if a previous policy exists involving a formula, the formula is still valid. However, there must be facts to substantiate whether that formula may be applied to a present instance. In answer to Mr. Williams, Mr. Long clarified there is no obligation to establish that the formula was not arbitrarily derived. Mr. Williams expressed concern. He has seen Council absolutely refuse to justify the grounds on which the assessment charges were made and'is troubled with the thought that the formula is "free rein". Mr. Etter clarified that, if there is no evidence to support an assessment, though ,. the formula may be valid in general it may not hold up in a particular application. Mr. Williams asked if there is any obligation on the part of Council to justify the assessment formula it adopts as to the ratio of assessments. Assistant Manager said staff would try to pull together some parameters based on case histories - but ,that might be impossible. Mayor Anderson noted that t:he work of the assessment policy committee will continue in that regard as well. ... Section 40, Liens (formerly Section 39) was reviewed. Section 41, Freeways, . "~' was reviewed. Assistant Manager explained that, in defining what constitutes a freeway, language has been adopted from ORS. The present charter requires 7/26/76 - 4 3~(P publication of numerous pages of plans, which serves no useful purpose. Staff proposes that language be IOC)dified to say that maps would be produced identifying e highway projects and their impact, including a statement that details are available at Ci ty Hall for inspection including details of environmental impact, etc. As regards using the language in ORB, Mr. Murray wondered about the permanence of those statutes. Mr. Etter responded that, irrespective of any change in ORS, the charter provisions would remain the same. Charter Revision, Cont.i nued Revi ew - Counci.! has recei ved, ------.-- --""- - ..-...--- .__._._".."-_.__.".------~- under date of July .!9, a memo from Orval Ettf~r, city attorney's office, n~fcrriny to Section L3 re: c:ounci 1 president acting as maLlo ri n the mayor's absence, At Counci7's direction he has sugqcstC'd wording be added to the cnd of that section dS follows: "In function.i ng as mayor whj.le the mayor is absent Camm From the city on leave granted by the councilor after the 7/21/76 mal/or is absent from the ci ty for 30 days or physically unable File to func.:ti.on as mayor for 30 days, the pres.i den t of the coune.i 1 lidS t'/IC .7C'Ial POWI' rs , and is subject to !-he legal 7. i m.ita- tions, i nci dent to the office of mayor." Mr. /laws does not feeL that a council person assumj.ng the role of mayor should be prevented from vot.ing as a represent- dtivp of his ward. Mr. Murray reminded him that by majority vote the Council carli('r directed staff to draft wording pre- cluding tlu~ mayor pro t~em' s right to vote. e Mr' . RliJ.dJJ~I} wondnrud of the counci 1 president could decline to assume t:lu' role of maljor pro tem at any particular time so as to inf.luence a particular counei.I action. Mrs. Beal felt (h.'tails of this sort could be worked out later, that the Charter should he kept genera.! in nature. MT. Murray felt, 110WC ve r , t:hat some of the conflicts should be worked out now .'c;o as not to end up wi th a " tepi d" document. Manager pointed out. that the mayor's veto power, or threa t to veto, would tr'nd to offset the impact of the lost vote. NT. Murray moved second by Mr. Hame 1 to include the .language, as suggested, in Section 13. Motion carricd- Counci 1 members Ke.Uer, Murray, Bradley, Hamel, and Shirey voting aye; Council members Haws and Heal voting no. 1\ n(.'w Sect ion 39 re: Amendments was reviewed. Mrs. Bea.l exp.lai n<~d that the proposed section was the result of work of th<' Assp.ssment Policy CommittC'r'. That c:omm.i ttec had concurr<::d Chat assessment charges should he made by ordinance, wi th Tlot.:hi ng locked .i nto the Charter. There had heen feehng 1)/-1 t~h(' major.ity of t'he llssos.c;ment po1.i cy Commi ttee members that: the Council miqbt tend to act capri C.iOllSl y j n imposing assc-'s,<:ment charges and so suggested this new sect.ion to make i t imj'oss ib.lf.' to act too qu.ickly on assessment methods. . Nr. If a me .7 moved second by Mr. Murray to include .':ec t ion 39 as dra fted. Motion carr.i ('d unan.i mous] y. 3to7 7/26/76 - 5 -.--"- - - -------.--.- .. ~_. - Chapter x Te: Pub 1i c Uti l.i ties was rev_i ewed. With regard to Section 43, Franchises, Ass.istant Manager explained that the old Section 157 prohibits the city from granting an exclusive . franchise for garbage collection. The deletion of that sec- tion would not alter the current practice or conditions of ~ garbage collection within the city. Under a general grant of.powers, however, the City Council could, if the need arose, exert more regulatory control even to the point of granting exclusive franchises. Staff feels there should be some fll::xibility so that in future years the Council could address recycl.ing problems and other soLid waste management issues. Councilman Murray expressed reservations with the provision, fearing the granting of monopolies by a pub.Iic body. Assistant Manager felt, however, there are a myriad of options that could be exercised short of allowing a monopoly to be created. Mr, Etter noted that Oregon constitutional law allows the granting of an exclusive franchise as long as local provisions are met. Mr. Bradley expressed the opinion that Council should have'the authority to look at various approaches should the need arise, and Mrs. Beal agreed. Mr. Bradley thought prehaps this and any other volatile issues could be discussed at the end of the Charter review process. Mr. Keller envisioned possible severe problems with exclusive franchises, i. e. , lower service level, driver walkout, etc. Mr. Murray moved second by Mr. Hamel to ask staff to e redraft Section 43 el.iminating the power to grant -' exclusive franchises to garbage haulers. Mr. Bradley moved second by Mrs. Beal to table the issue unti 1 the July 28 committee meeting, pending a check w.i th other jurisdictions to see what they do. Motion defeated - Counci.I members Haws, Beal, and Bradley voting aye; Council members Keller, Murray, Hamel, and Shirey voting no. Vote was taken on the main motion to redraft Section 43 as stated. Motion carried - Council members Keller, Bradley, Hamel, and Shirey voting aye; Council members Haws, Beal, and Bradley voting no. Discussion turned to Section 44, 45 and 46 re: Eugene Water & Electric Board. It was noted that these sections would be subject to d _iscussion in the EWEB subcommi ttee meet.ing wi th the EWEB Board, and that memos had been sent to the Council outlining issues to be discussed. Chapter XI re: Indebtedness was reviewed with no questions raised. Chapter XII re: Miscellaneous provisions was reviewed. Secti;;;;- . 48 of that chapter (Penalties-Limitations) states that " .. .no -' fine or imprisonment for violaU.ng a city ordinance may exceed $1000 or 100 days..." Mrs. Beal expressed concern 7/26/76 - 6 .3108 -- - - with fixing a sum in the Charter since f.i gures caul d change greatly j n the futur~ with inflationary trends. Assistant: e Manager noted that if the violation is also a violation of a state statute, the penalty for the ci ty violation may be as - much as for the state violation. He said the "$1000 or LaO days" provi s.i on would apply only to someth.ing exclus.ively loca 7. ancJ that would not happen too often. Mrs. Beal movc~d second by Mr. Murray to request staff to brinq back al tcrnate wording, leav.ing out reference to fixed sums. Motion carried - Counci 1 members Haws, Bea], Bradley, Hamel, and Shirey voting aye; Council members Keller and Murray voting no. It was understood that effective date of the' rev.ised Charter would be March 31, 1977 rather than January 1, 1977 (Section 5.7.) so as to give ample time for adoption of necessary ordinances, etc. , a.fter approva.! by the voters. Manager suggested holding a public hearing on the revised eha rter at: the July 26 Council meeting to alert the pub.lic t:o t:h(' revision process and give them as wel.l as Counc.i.l members an opportuni t:y to define any new issues and problems they see fit. The purpose would not be to deba te the mer.i ts of issues, but rather to define them. Mr. Murray wondered if the Charter as drafted would commit the c i t Y to the operation of a municipal court. Mr. Etter , e sal d there has beell .i ntcrcst in the state to get a more intcgrated court system. Until such time as laws of the state make some other provisions, however, the city would be eommi ttccd toretaini ng a municipal court. Councilman Bradley suqg('stcrl appointment of the muni c.ipal judge by the manager ra tiler than by the Council. But it was agreed that that would violate the tradi tional sense of triparti te government in this country. Stan Long, assistant city attorney, noted that. und!' r (~x.istjng sta te law thc ci ty could contract w.i th the stiJtc and use district court. He suqgcsted that changing the fJ rst lin~ of Chapter V re: Municipal Court to read "The CHII Counc.i1 may appoint one or more municipal judges. . . " ratl/er than "...shall appoint..." would give the p'o'rmiss.ive fca f'urc~ if thi' Counci 1 so desired. It was so ordered. I-f,- ,1 Manager noted development of a revised charter undertaken through staff meetings, committee meetings, and meetings with various agencies - EWEB, Library Board, etc. He said this hearing was more in the nature of an explanatory session and that another full-scale hearing was scheduled for August 9. Copies of the proposed re- vision as drafted to date were made available. Manager went on to explain the present charter, its unwieldiness, and the purposes for the revisions - mainly to remove conflicts that were costly in terms of legal problems and research and un- necessary litigation. He noted two major objectives - simplification of language with emphasis on constitutional powers and limitations of city government and making the document more understandable and easier to use. Many procedural items are being e eliminated that should more properly be written into the code in ordinance form. Changes in meaning and content are very few, he said, so the revision amounts really '-- to "a giant editing job." Topics of special concern to citizens and noted for particular consideration - in some instances assigned to special committees for study - are the freeway amendment, 3'~ 7/26/76 - 7 1- collective bargaining, EWEB. With regard to the freeway amendment, he said it is not intended to change the intent, rather to clarify under what circumstances it is to - be used and when a vote is to be taken on a freeway. In the case of collective bar- gaining, the revision is now being discussed by staff and the city's labor organiza- tions with the assumption that whatever is proposed will be agreed upon by all parties, - including a Council subcoromittee. Manager said many changes were contemplated in- volving EWEB provisions because of their being scattered throughout the present charter. This will be a matter also for Council subcoromittee study. He added with regard to garbage collection amendment that staff has been asked to include a provi- sion that the Council will not be permitted to give a single exclusive franchise for collecting solid waste throughout the city. Manager continued that in order to achieve many of the proposed changes the most important really substantial change would be the adoption of what is known as a "general grant of powers." This grant-of-powers approach in effect says the city has all powers of all laws of the United States or of this state as fully as though the charter stated each of those powers, and is a grant which has been adopted by some 130 cities in Oregon including all the larger ones except Eugene. Another sub- stantive change being considered is how the Library Board will function. Manager explained that the proposed document will contain about 50 sections, a draft of which is vailable. Subcoromittee reports are scheduled for discussion at the August 4 committee-of-the-whole session; the completed document is expected to be presented for full and open public hearing on August 9, followed by a special Council meeting about August 16 to put the charter on the September 21 ballot (the county's election date). Manager added that the September election seemed preferable to avoid having the charter appear on the November general election ballot when so many other issues would limit discussion. e Public hearing was opened. -- Carol.Judd, 4040 Bell, suggested a review of the assessment procedures relating to street improvements, especially with regard to corner lots. She thought the cost should be shared equally by people benefiting from the improvement rather than by only the owner of a corner property. She referred in particular to cul-de-sac properties where a developer owned all properties except one lot owner by another individual. Manager explained that although an assessment subcommittee had not been designated in terms of charter review, there will be more general revisions of the assessment process. The question raised can be considered by the assessment subcommittee which will be working out an ordinance in detail. He noted the effective date of the re- vised charter was proposed for March 31 which would allow about six months in which to work out implementing ordinances if the charter is adopted. Jim Lemert, 10 East 40th Avenue, expressed dissatisfaction with the lack of access to a working copy of the proposed revisions and the appearance of public notice of this hearing at such a late date. However, he said he was pleased with what he had seen of the d()cument. Assistant Manager acknowledged there had been problems in making copies available for those interested in seeing it because of a press breakdown. Ray Wolfe, 1926 Potter Street, was interested particularly in revisions relating to EWEB and asked whether the subcommittee was still deliberating in that regard. He said members of the Future Power Coromittee attending Water Board meetings were aware of possible improvements in charter revisions and had specific suggestions. He of- - fered to take those to subcommittee meetings, however, if lay people or other than Council and EWEB members could attend. Councilwoman Beal answered that the Council subcommittee, '-' EWEB representatives, and staff had reached agreement on staff recom- mendations. Those recommendations would be coming to the Council August 4, she said, at which time a public statement could be made. She said either she or someone else on the subcommittee would talk with Mr. Wolfe after this meeting. 7/26/76 - 8 310 Wi 11 Carlstrom, 1091 West Broadway, said that not taking the charter to the November election was definitely a political move; candidates would not have the opportunity e to discuss it in their campaigning. With regard to the freeway amendment, he didn't think the proposed revision would give the maximum citizen participation in -. location of transportation routes that was desired when the original amendment was adopted. Although the intent may be to give ample participation, he said, without a diagram of a proposed route and with advertising limited as proposed, there would not be the proper information with regard to effect on neighborhoods. He suggested including a requirement for going to neighborhood groups or some similar actio I in order to give maximum knowledge before a transportation route was designed. Manager said it wasn't the intent of the proposed revision for the public works or any other department to commit resources to planning for a roadway without first have gone through all the processes mentioned by Mr. Carlstrom. Michael Giavino, 2850 Kincaid Street, noted however that the wording of the revision did not actually state that intent. Public hearing was closed, there being no further testimony presented. Mr. Haws said his impression was that minor administrative changes were to be taken care of now and that the more controversial items such as the freeway amendment, EWEB, etc., would be brought to a later election. He thought taking the controversial provisions to a later election would be wiser, otherwise the voters would reject the proposed revision and the city would have to continue operating under the present document. Manager said that staff felt the real ambiguities existed in the more controversial sections and decided it would be just as well to tackle them now. Options open to the Council, he said, were to take the revisions ina single document or present separate provisions at a single election. Councilman Murray thought the e document should be taken as a whole to the voters at one election. He noted the assurance given by the Council that there was no intention of making any substantive - changes in the controversial amendments - freeway, collective bargaining, etc. Councilwoman Beal thought the only way to clear up the charter was to present it in a form that would coincide with the procedures in effect. Failing that, procedures would have to be changed to conform to the charter. She said that a decision one way or the other would have to be made some time. Manager noted subcoromittee meeting on EWEB provisions was held this morning and announced a meeting to be held August 2 at 12:00 noon at the Feed Mill with regard to the library. The freeway amendment, hs aid, would be considered in a meeting scheduled for August 3 at 7:30 p.m. in the McNutt Room. There was some question raised by Mrs. Beal about adequacy of the meeting rooms in view of the public interest, but consensus was to continue with the meetings as scheduled. 1-B-l F. Code Amendment re: Christmas tree and fireworks sales and seasonal signs Amendments to City Code Sections 9.408, 9.422, 9.436, 9.464 and 8.670 Comm re: Christmas Tree and fireworks sales. 7/14/76 Mr. Williams moved seconded by Mr. Hamel to call public hearing Pub Hrng for July 26. Motion carried unanimously. The proposed ame~dment, recommended by the Planning Commission on June 21, 1976, would allow sales of Christmas trees and fireworks in commercial and light industrial e districts. Jim Saul, planner) said that staff had recommended that M-l not be included if such sales were premitted in industrial districts because M-l locations are not appropriate for this use. The Commission recommended sales in M-2 zones. Since M-3 districts allow anything permitted in M-2, he said, no revision would be necessary for the M-3 zones. Mr. Saul added that the amendment would provide for seasonal signs meeting certain criteria from December 1 to January 1 for sale of Christmas 37/ 7/26/76 - 9 ---.- trees, and from June 24 to July 6 for firework sales. Councilman Haws wondered it if would be better to limit the period for fireworks sales to midnight of July 4, then allow two days for removing the stands. Mr. Saul answered that the amendment could be e so worded, but he didn't anticipate any problem under the provision as now written. Mr. Haws turned to the signing provisions and wondered whether they would be practical - for fireworks or tree stands - 32 square feet, either wall-mounted or pole-mounted with a maximum eight-foot height. Mr. Saul responded that that particular standard was based on observations of the type of signing now being used for these types of sales. The intent was to limit signs in terms of the overall maximum size that was consistent with the overall provisions of the sign code. Public hearing was opened. Ed Lundberg, 4125 Garden, questioned the restrictions on signs for sale of Christmas trees and fireworks, but withdrew his objections upon advice from Mr. Saul that signs up to 32 square feet wall- or pole-mounted would be allowed under the proposed amendment. Public hearing was closed, there being no further testimony presented. Councilwoman Shirey noted that while wall-mounted signs would be restricted so far as location on a site, it appeared a pole-mounted sign could be located any place on a site rather than just at the entrance, which she preferred. Mr. Saul thought some reason would have to be used in that regard because there were code restrictions covering on- and off-premise advertising. While signs were feasible at the entrance to a shop or store normally, signs for these types of sales might be loacted otherwise. Councilman Murray responded to concerns previously expressed by Mr. Bradley with re- gard to excluding Christmas tree sales from residential lots. He said this was no . change from the present law, such sales were permitted now only through administra- tive oversight. He said there was no dearth of commercial areas within walking dis- tance of residential areas so excluding them from residential areas would not cause undue hardship. Finally, he said, such sales created considerable hassles when located near residences - driveways were blocked, lawns trampled, etc. Councilman Haws asked why this amendment should not correspond to state law wherein a permit is required 15 days prior to the sale of fireworks. Mr. Saul answered that this amendment would not require a permit. He said it had been discussed with both the building and fire departments and a determination made that since the state fire marshal's office covers the basic licensing for sale of fireworks, there was no need for city effort in that eregard. However, he added, anyone wishing to sell firewalks has to apply through the local fire department for the state permit and at that time the proposed location is checked to be sure it is in either a commercial or industrial zone. Councilman Keller asked why December 1 was chosen for the beginning date of Christmas tree sales; why not allow them to begin in November? Mr. Saul answered that there had not been extensive research on that aspect~ no on was aware of tree lots opened prior to December 1 in previous years. Councilman Hamel suggested the day after Thanksgiving might be appropriate, since most people start Christmas preparations about that time. Mr. Keller agreed. Mr. Murray moved second by Mr. Hamel to amend the ordinance so as to permit start of Christmas tree sales on the day after Thanksgiving rather than . December 1. Motion carried - Council members Keller, Haws, Beal, Murray, and Hamel voting aye; Councilwoman Shirey voting no. '-' 7/26/76 - 10 31~ Council Bill No. 1205 - Amending Eugene City Code re: Permitting Christmas tree sales from the day after Thanksgiving to e January 1, and fireworks sales from June 24 to July 6 in C-l, C-2, C-3, and M-2 zones was read by council bill number and title only, there being _. no Counci 1 member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill he 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 ~ ~cond time by counci 1 bill number only. Mr. Haws moved second by Mr. Murray that the bill be approved and given final passage. Rolcall vote, All Council members present voting aye, the bill was declared passed and numbered 17723. G. Bids - Parks Department Lincoln School Phase I - Site work (opened July 23, 1976) Wildish Construction $ 34,290,20 ShurWay Contractors 37,008.00 Benge Paving 58,333.75 Office Estimate $ 32,050,00 Staff recommended contract award to the low bidder. Manager explained that part of the funding for this project would be through Community Development Act funds. In response to Councilwoman Beal, Bob Coleman of the parks department said the pro- e ject covered site preparation work for development of the school property as a com- .- munity park which would in its entirety include grading, drainage, irrigation, paving, relocation of play equipment, etc. Public hearing was held with no testimony presented. Mr. Haws moved second by Mr. Murray to award contract to Wildish Construction on their low bid price of $34,290.20. Rollcall vote. Motion carried, all Council members present voting aye. II - Items acted upon with one motion after discussion of individual items as requested. Previously discussed in committee on July 14 (Present: Hayor Anderson; Council members Keller, Beal, Williams, Murray, Bradley, Hamel, and Shirey) and 21, 1976 (Present: Council President Keller and Council members Haws, Beal, Murray, Bradley, Hamel, and Shirey). Minutes of those meetings appear below printed in italics. A. Appointments Comm 1. Comrndssion on the Rights of Handicapped - Elisabeth Waechter to fill unexpired term (1/l/78) of Paul A. Clement (resignation) 7/l4/76 ~~lTl!!!j._ss.i~!2<?_l!:.!iL2tl!~9L_the Ha_n!!J~!!pP~9_ - '1'0 fill the unL'xpired term cnC}inC] January 1, 1978 of Paul A. C.lement, resigned. El.isD.beth waechter, al terna to, dcc.1ined the appo i n tmcnt. Applications of available candidates filed .in the manaqer's office have been Forwarded separately to Counci 1 members. - /hr;cuss ion was held on whether to open appl ications to the public. Me 13r-adl('y fel. t a short per.i ad of time should Ix.' provided for add.i t i anal. appl.i ca ti ons to be recei VI ~d . Stan Long, assi:;;t:ant city attornpy, recalled that the 373 7/26/76 - 11 ---- I code requires an open application process. Mr. Murray felt there has beon an open application process, since citizen interest forms are accepted at any time. The e question would be, then whether to re-open applications. -' Mr. Haws expressed COncern about the Council's conducting interviews every time there is a vacancy. He requested Carom that that issue be discussed at a later date. 7/2l/76 Appro"e Counc.i1 consensus was to Te-open app.Iications until 5:00 a.m. on July 27, have them available .for Council review and selection of finalists on July 28 for interview on August 4. Manager explained that the Council would convene at 11:00 a.m. on July 28 for selection of finalists to be interviewed for the Commission for Handicapped, then would adjourn to committee-of-the-whole session at 11:30 a.m. with dis- cussion of procedures for allocation of room tax funds. 2. MAPAC - Duane Shears to fill term expiring 6/30/78 - Nancy Hindman unable to serve. Corom 7/14/76 Both were alternates chosen previously by the Council. Approve 3. City S!:rT(.:~C:~s Pr~orit~esCC!_mmittee - Mayor Anderson's recommen- dation was announced: Susan Franklin - Planning Commission e Eric Haws - Council Boyd Engelcke - Budget Committee Glenette Olvera - Human Rights Council (subject to her discussion of her appointment with the HRC) Gary Bond - Public member of Housing and Community Develop- ment Commission Mr. Haws asked staff to provide some information with regard to duties of the commi ttee. Corom Mr. Murray moved second by Mr. Hamel to approve the 7/21/76 appointments. Motion carried unanimously. Approve Councilman Murray recognized the complex and confusing nature of the charge to this group and offered to give his interpretation of the original intent of the Community Goals Committee in recommending creation of the City Services (Social) Priorities Committee. Mr. Haws invited him to the first meeting of the Committee to interpret the "charge to the coromittee." ------.-- B. Annexation - Area south of Beltline between Goodpasture Island Road and Willamette River (Hewitt, Kingsley, et al) (A 76-7) Staff has set August 9 for hearing on rezoning of the area, and annexation hearing is recommended at that time also. Mr. Keller moved seconded by Mr. Hamel to set August 9 as public - hearing date on the above annexation. Motion carried unanimously. Comm 7/14/76 ----- Approve 7/26/76 - 12 .31~ .--- C. Mors,~ Park Acquisi tion - Jul y 9 melOC) distributed to Council earlier, explaining t:hat Nature Conservancy's option to acquire the ranch expires July 9 and they - have conditionally exercised the option pending Council action. Staff requests that park bond funds be used to make up the difference between the purchase price of $309,000 and funds already available which include donations and federal and stat.'! grants. The dIOC)unt requested for approval is $15,600. Mayor. Anderson commented that he hoped Council would approve; he feels the city Corom could regard the investment as a real bargain. 7/14/76 Mrs. Beal moved seconded by Mr. Murray to approve expenditure of $l5,600. Approve Mr. llamel commented he feels there are other areas within the city's park properties whern needs should be met first. Vote was taken on the motion which carried, all council members present voting aye except Mr. Hamel voting no. A spt!cial council session will be held in the Council Chambers at 1: 30 "today" to oj~ficially authorize manager to proceed with acquisition, contingent upon final approval of BOR. D. Tram:ient Room Tax Allocations Report of June 23 Room Tax Committee distributed to Council. 1. !~ugene Symphony Association. $25,000 requested; $5,000 recommended. )\n Association representative noted that most of the income comes from the ticket sales. He cited some additional statistics and noted that, without e <'I solid backing, the Association could run into serious trouble. They would like to come back in September for consideration of additional funding. 2. !:ugene Junior Symphony. $3,500 requested; denial recorrrnended. l~vid Mortimore of the Junior Symphony said it is one of the oldest youth ,'rganizations in town, dependent entirely on donations. The money is plugged l,ack to the st uden ts for lessons, expenses, etc. Without adequate funding, they would be forced to raise memberships so that only the well-to-do could I'articipate. Mr. Mortimore added that this is the first year the Symphony has l'een denied funds by the Room Tax Committee. r-.rayor Anderson was concerned about assumptions by some that the room tax is a continuing subsidy. It was not designed for that purpose, he said, To come 1.ack to Council continuously is rather unfortunate and unfair to the real purpose, which is to foster and promote additional activities. 3. Lane Regional Arts Council. $3,550 requested; $2,000 recommended. Salina Roberts of the Arts Council said that this request is for seed money to organize. The funds are for promotional materials, etc. as well as partial 1'unding for a special project. }~s. Beal questioned whether the request would fall within the guidelines 1~eling it could be considered somewhat educational. Ms. Roberts l~sponded that the purpose is to increase the audience for arts in this community. e 4. Schola Cantorum. $1,500 requested; $750 reco~)nded. S. High School Forensics Tournament/Conference. $2,716 requested; $500 recommended 375 7/26/76 - 13 ._--~ 6. Oregon Wrestling Cl ub, Inc. $4,000 requested; $2,000 recommended. Clarence Larson noted that the $2,000 is vital to provide for participants' expenses to tournaments. e In answer to Mr. Keller, Mr. Larson said the age group ranges from 8 or 9 '-' through adul thood. Mrs. Beal is not convinced the request falls within the guidelines. 7. Bicycle Maps - Public Works Department. $1,800 requested; denial recommended. 8. Northwest'Review. $2,000 requested; denial recommended Mike Strelow noted that the paper has some 10-15,000 readership, though only 2,000 copies are printed. He felt the request was denied because the committee did not think the paper served enough people. There are about 300 subscriptions here in Eugene; in addition, papers are distributed in Europe which give other countries a sense of what is happening here. 9. Chamber Music Series. $3,000 requested; $1500 recommended. A representative of the Series board pointed out that the group is attempting to be totally self supporting within the next couple of years. In reviewing their budget, however, they felt they could get by with $2,000 and hoped for that alOC)unt rather than the recommended $1,500. 10. Cooperative Science Museum Commission. $30,000 requested; $30,000 recommended The project is an EcononUC Development Administration project for the construction of a planetarium in Alton Baker Park. Funds would of course be returned to the city if EDA grant IOC)nies should not be available, though that is not anticipated. - ll.Paint-A-Plug. $220 requested; denial recommended. Bob Wynia, Lane County Social Services, thought all room tax requirements had been met, the only possible exception being that it is a one-time project. Mr. Wyni~ said that Downtown Development board members and the Chamber of Commerce both advised him that requesting room tax funds would be t:he most logical funding method. Mr. Murray thought it was curious that such a small amount would be denied. Miriam Fulbright, room tax committee representative, answered, however, that the request was felt to be an inappropriate use of funds. 12.Community Center for the Performing Arts. $lO,500 requested; denial recommended. Jim Williams of the Center noted that much work has been done to the interior. of the old WOW building at West 8th and Lincoln and they are in the process of refinishing the exterior now. He said that 3500 people a month attend events at the Center. Every hour of the day is booked for people in workshops, classes, rehearsals, etc. $20-25,000 is needed to complete renovat:ion, but at least $2500 is requested now for exterior painting which they wish to complete during the summer months. Mrs. Shirey wondered if the project could fall within community development fund guidelines; Mr. Murray responded that would have to be looked at in more detail. 13. Musicians Mutual. $3,554 requested; denial recommended. - 14. International Arboretum Association; $15,000 requested; tabled. -' - A question arose regarding the legality of some of the requests. Staff responded that, thoug~ it is usually standard procedure to refer all requests to the attorneys before bringing to Council, that in fact had not taken place this time. 7/26/76 - 14 314> Mr. Murray IOC)ved seconded by Mrs. Beal that all applications be submitted to the City Attorney for comment on whether the requests e legally fall within the guidelines, with a report brought back to the July 21 Committee meeting. - Mrs. Shirey strongly recommended that, after this, legal review take place before submission to Council. She is uncomfortable with the whole process. Mr. Williams is troubled about asking for legal opinions on all items, especiidl:J those that are recommded for denial. Mr. Murray withdrew his IOC)tion. Mr. Murray moved seconded by Mrs. Shirey to submit for legal review the requests from Eugene Junior Symphony, Lane Regional Arts Council, Oregon Wrestling Club, Northwest Review and Paint-A-Plug. Motion Comm carried unanimously. 7/14/76 See action Mr. Murray IOC)ved seconded by Mr. Williams to accept recommendations 7/21/76 for Schola Cantorum, High School Forensics Tournament/Conference, Bicycle Maps-Public Works Depaftment, Chamber Music Series, Cooperative Science Museum Commission and International Arboretum Association. Motion carried unanimously. Mr. Hamel IOC)ved seconded by Mr. Murray to accept the committee's recommendation on Eugene symphony, Musicians Mutual and Community Center for the Performing Arts. e Mrs. Beal moved to amend seconded by Mr. Murray to raise the Symphony '-. Association allocation from $5,000 to $10,000. Motion carried, Mr. Murray, Mr. Hamel, Mrs. Shirey and Mrs. Beal voting aye, and Mr. Williams, Mr. Keller, and Mr. Bradley voting no. Vote was taken on the motion as amended which carried, all council members present voting aye except Mr. Bradley voting no. _..___n._ -- .- -.-.--- tCclll~~ig~l.t RO~l!.l_.T9.~_ru!l(LI?j.~!:!iE!:!t:!on - Revised report wi th 1egard to an room tax applications was distributed to Council, giving staff evaluation of the requests. Carried over from the July 14 . commi ttee meet.ing wore the following requests and recommendations: eugEJnC Juni or Symphony Requested $ 3500 Recommended Den.ial Lane Reg.ional Arts Council J550 $ 2000 Oregon Wrestling Club, Tnc. 4000 2000 Northwest Review 2000 De ni a 1 Paint-a-plug 220 Doni al It was noted that the avai7able funds total $46,053. Si nce Counc.i 1 on .filly 14 approved an increase of $5,000 for the Eugene Symphony, thc' Council distr.ibution of funds to date total $46,750, approx- imately $700 more than the ava.i1ablc amount. e Mrs. Bl'al moved to rt:'rJUCl! the funds to EUL/Clle Sl/mphonl/ bu $1000. Mr. Murrau expressed dissa t isfaction wi th the wau the enti He} process was handled, as did Mrs. Shirel./. 7/26/76 - lS 377 Mrs. Shirel./ moved second bl.} MI'. Murral.} to rescind the action Comm taken at the Jull./ 14 committee meetinq and reconsider the 7/21/76 e entire list of appl.icat.ions at the ,July 28 commi ttee meeting. Approve --' Mr. Bradley suggested scheduling discussion of the process at the July 28 committee meeting, then reconsidering applications the foLIowing week. Mrs. Beal felt that the applications should be processed as soon as possible, that the applicants may have already budgeted funds approved previously by the Council. Mr. Keller also expressed dissatisfaction with the current process. He feels that, in considering each application, Council should ask themselves what services the applicant is offering the city for how many dollars. In other words, "What are we buying?" Vote was taken on the motion as stated. Motion carried unanimously. It was understood that applicants would be notified of the rescinding action and of the meeting to reconsider on July 28. E. Columbia Street; Change to one-way traffic flow southbound from Fairmount to East 22nd Avenue, allowing bicycle traffic to flow northbound and southbound. Comm Assistant Manager suggested that the above matter be held to the July 2l 7/14/76 Committee meeting to give opportunity for comment from interested citizens. It was understood the matter would be scheduled for the July 21 Committee e agenda. -- Columl>ia Strec:t Traffic Flow - Planning Commission on June 21 recommended changing the traffic flow to one-way southbound on ColumlJia Street from Fairmount Boulevard to East 22nd Avenue, allow_ing bicycle traffic to flow both northbound and southbound. Corrected map of the proposed change was distributed previously to Counc.i 1 memeers. Judy Horstmann, 183~: East 28th Avenue, representing the Fairmount Neiohbors. s~id that oroup favors the chanqe. It is a oood solution to the problem. she said. and it would allow bike traffic to cont.inue on that Dart of the street. COIDm Mr. Haws moved second bu Mr. Murrau to approve. Motion carried 7/21/76 unaninouslu. Approve F. 1 .' Liquor License - Of Grape and Grain, 49 w. 29th, PS, Change of Ownership, Roger Bruce Rutan. Comm 7/14/76 Mr. Williams moved seconded by Mr. Hamel to recommend approval, Approve granting early release. Motion carried unanimously. 2. ,LiCLuor License - 7~ll Store, 445 Coburg Road - Change of Ownership Southland Corporation - William and Joan Blanchard - - Comm _. Mr. Hamel moved second by Mr. - Murray to recommend approval. 7/21/76 Motion carried unanimously. Approve 7/26/76 - 16 318 G. Segregation of Assesmnent - Stewart Barr property at NW corner of W. 11th and Seneca Road. Annunt to be paid - $8,946.24 e Comffi Mr. Williams moved seconded by Mr. Hamel to approve. Motion carried 7/14/76 - unaninnusly. Approve H. Co :!1mc[!d a!:lo.,f!L_~E!:.:!:5-'e _C h i!:-:!._Q.a 1 e ~l: 1 e f!_ Mr. Bradley moved second by Mrs. Beal that staff prepare Corom a resolution commending Police Chiet- Dale Allen, who has 7/21/76 resigned, In recogni tion of his record of outstanding Approve serVIce to the communi ty. Motion carried unanimously. I. Statu Ili.ghway [j-Turn proh.ib~i0J2. - Counc.i1man Keller noted that a pctl:tion has }>een filed by many busincss owners on Pranklin Boulevard protesting the state-imposed restriction on [j-tl1rns on state highways a t lighted intersections, recently adopted hy the state and effective July 1. Bob King of Mr. Steak restaurant sa.idi t was his impress.ion that the restriction could be lifted if need be for safety purposes. He wondered if that provision could apply to the rranklin Boulevard intersections. Gordon York of Eugene Animal Hospital feels the matter merits investigation. The restriction would have a great econom.ic .impact on the bus.inesses on Franklin Boulevard, and he said they would g.Iadly assist in any research on the matter. City e manager said that, in discussion w.i th legal counsel, it appears rC[Jca I of the sta tc law would b(~ necessary. Some alternative - measures, such as postponcment of enforcement, could possibly be explored, he added. Mrs. Beal moved second by Mr. Murray that the City Council Comm ask the State Highway COl1lTP.issionif there .is any leeway 7/21/76 ln the lawi:hat would permit removal of the signs pending Approve a change in the legislation. Mr. Brad.lcy v:ondered if that would constitute asking the Iii gh'vt'ay Depa rtment to violate the law. Assistant City Attorney Stan Long said the Hi ghway Comm.ission does not have the authori tll t~o ;?lJ.':ho,Y'.i c.1'~ nOTCO'7e (:? ."jQ7 "te the law. The ma tter ri ghtly rests wi th the legislature in Salem, he said. Mr. Keller thought there was a possible loophole, that the restriction could be lifted if hazards are created. For that reason, further research seems warranted. Don Allen, public works director, commented that staff would have to (:heck all it. Vote was taken all the motion as stated. Motion carried - a.ll COLlIlC.i 1 mcmbl~s present voting aye, except Councilman Bradley voting no. e J. J~i1 Remodc~,ling. - Manager adv.ised that the city is being requested to authori.ze expenditure of $30,000 from operating contingencies for a $60,000 dormitory at the ja.i 1 in the space now used as an outdoor rec:reat.ional ilrea. 1'he additional space would provide Toom for 24 inmatr:s. This remodeling is felt necessary in view of the two or three years anticipated for construction of any 37'1 7/26/76 - 17 -- .- ..._-~ ..-.. --'--.-'-.. -------- - ..--.' - ._~- ..~... _.... __ .._____n ----- -... - -. new facility following voter approval. No additional prisoners would be accommodated; rather, there would be more room for the existing jail population. . In .response to Mr. Haws' inquiry regarding the reason for the city's .~ parUcipation in the remodeling cost, Assistant Manager noted that the city is half-owner with the county of the building. He notl!d, also, that there is some concern that construction codes be complied wi th in mak.ing this modification to the ja.U. Mr. Murray expressed concern about taking away the outdoor space, that.: t;he pri soners would not have any opportuni ty to be outside. Dave Jordan, police department, advised that space was being provided upstairs for an exercise area for the prisoners. Mr. Hamel moved second by Mr. Haws to authorize staff to Comm spend up to $30,000 from the contingency fund for the proposed 7/21/76 jail expansion, attaching a request to the county that every Approve attempt be made to provide some prisoner access to an outdoor area. Motion carried unanimously. K. Sanitary sewer on North Polk Street north of Polk Court - Memo from Public Works Director wa; distributed with the Ju~y 14 agenda explaining that this project involves reconnection of four sanitary seryiges from the old trunk sewer. This portion was not constructed when the bal.ance of the North Polk--Stree-f-ilne was completed (1969) because all of this proper.ty lies wi thin the proposed Highway 126 right-of-way. These ronnections now empty directly into the River through the storm sewer converted from the old trunk -- sewer. Properties involved have not been assessed for sanitary sewer although they have had the benefit of the trunk sewer. ,-_..~ Recommendation was to proceed with the project, public hearing to he held at the time of bid award. Corom Mrs. Beal moved second by Mr. Haws to approve the project. 7/21/76 Mot,ion carr.i.ed unanimously. Approve L. Asscssmef!..~_.proposal, _ Sa!}i ta!;'L sewer on Cross Place from Cross Street to 300 fee,t north (1270) - Memo from City Engineer was previously .__._----~--- distributed to Council members recommending assessment against all lots facing Cross Place, excluding the corner lots on Cross Street, even though a portion of these lots were assessed prior to subdi.vision. Also recommended was deferral of payment of the aSSL'ssmcnts until such t.ime as that property is connected to the new sewer since some of the properties are now adequately served by a private system. Comm Mr. Murray moved second by Mr. Hamel to approve the assessment 7/21/76 proposal.. Motion carried unanimously. Approve M. ~(:vj~~C!.._!?~rks La!!.(L.!i~IJ.~is~tiC!n p!.~gr~ - Joint parks Committee report and minutes, together w.itha memo from Edna Shirey, chair- person, were previously distributed to Counci.l members. The Joint Committee recommended adoption of a $5 mill.ion, .I5-year serial l.evy park acquisition program. Also, the Commi t tee -- informed the Council that it was still of the opinion that the ori- - qinal recommendation was well thought out, was its best estimate of meeting community priorities and needs, had balance of funding, 7/26/76 - 18 3~O ---- The Committee cwd would meet the approval of the voters. recommended presentation of the revised proposal to the voters at the "soonest possible t,ime. " e to accept the recommend- COffim Mrs. Shirey moved second by Mr. Hamel ations of the Joint Parks Committee and set a public hearing 7/21/76 for lIuCJust 9. Approve In answer to Mrs. Real's question on how the committee established pri.orities and in what order, Mr. Murray stated that the criteria developed was wi thin the framework of publi.c policy statements such as the 1990 plan, the South Hills study, etc. Mrs. Shirey added tha t the committee has dealt with the plan for two years. priorities have been suggest1?d but other factors will include availab.le dollars, what land is on the ma rket, etc. So after the plan qa.ins voter approval, she said, the Joint Committee would meet and decide which areas could be acqu.i.red wi th funds available. Parks Director Ed Smith commented that the priority setting for the programs was a long-range project. Some flexibili ty was built into the program ,s.ince land availability sometimes a1.ters the priori tir''<=;. Mrs. Beal, however, wanted to see some prior.ities l.i sted. Mrs. Shirey responded that for the last two years the Joint Committee had been attempting to address every major area. Their efforts have been constantly thwarted by the Counci 1 and the Budget Committee. The proposal developed was the best they could do, she said, given thc lack of lab tude. e It was recognized that acquisibon in the south ridgeline area - would be the first prior.i ty under this proposal. Mr. Keller said that because plans for that area had been held up the proposal should now ])0 takcn to the voters. Also, he is of the opinion that the oroposed allocah.on for the ridqeline acquisition should bc' uS(ld for tha t pur post'. Vote was taJ;en on the motion as stated. Madan carr.ied tlnani mousl y. N. Urban Development Proposal - Assistant Manager noted that, on July 19, the Planning Commission will be considering a process proposed by Lane County for creation of new urban development centers. It is a major policy issue that will impact on the city. A copy of the staff notes to the Planning Commission was distributed to Council members and they were advised that the discussion of the subject would be on the July 2l Committee of the Whole Agenda along with the Planning Commission's recommendation. CC1mm Lane County proposal Lor __~l!..ew l!!:y-(']opment_.._cenJ:~!~ - ,'viemo w~~. 7/14/76 dis-trj buted to Cuunci 1 71emhc.'Ts on July l4 stat lng the plannJ.ng dt~partmcnt staff concerns about the county's proposal for a pr.ocess for creat i.on of new development centers. Manager. noted that staff would like to express its concerns about the process outl.inc>d before the county adopts anyth i ng. e to authorize staff to Corom Mrs. lh 'a 1 moved second by NT. II a me!] 7/21/76 noti fy the Count~y Comm.issioncrs of the city's desire to Approve dj scuss .i ts concerns on this i tom before the county takes act.ion. Mot.ion carr.ied unanimously. 3511 7/26/76 - 19 .---"'- '..~ O. Council minutes - April 26, May 3 and 6, 1976 as circulated Approve P. Q . J d' , 1 . e uasJ.- u ~C~i1 Heal:1.nys Set: for August .9. Recommended by Planning Commission June ~!976.. Maps distributed to Council - k~ZoniI1g area south or Belt1ine between--;;'codpasture Island Road and fvUlam~tte R~ ver from County AGT and Ci ty AG to R-2 PD (llewi tt, Kingsley, et al) (276-17) Rezoning Deady lfa.ll, .1010 E. 11th (276-8), dnd V.i1lard Hall, 1 aGO E. 11 th Comm (~76-~), on University of Oregon campus from PL P:J.blic Land to H Historic -; /14/76 D.Istr~ct . Ap[!ealfrom Pla~ning Commission denial of zoriedchange for area on south s1-de of Concord Street and east of Hughes _ from RA to R-2 (Petersen) (2 76-16) (7/6/76) Corom 7/21/76 Appeal from Planning Commission denial of zone change for area betw~en Delta Highway and Willagillespie Road, north of Del ta .Interchange - from County and Ci ty RA t C-2 (Wildish) (2 75-5) (7/'17(,) 0 Q.Ariergy Conservation Programs - Mrs. Beal mentioned that t:he American Institute of Architects has expressed interest in energy requirements in construction. She wonders if the Building Department has suggestions for programs which would place more emphasis on energy conservation. Comm 7/14/76 Assistant Manager said the matter is being discussed in staff at this time. File R. Urban Economic Development Conference - Mr. Murray referred to a notice he saw -- in the "Oregonian" regarding a conference on July 14 and 15 in Portland sponsored -~ by the Planning for Urban Economic Development Institute. He wondered about Comm the possibility of being on the mailing list of that: group so as to receive 7/14/76 advance notice of such conferences. File S.Northwest Expressway Extension - Neil Murray understands the County is considering extension of the Northwest Expressway as a possible alleviation of traffic on River Road. If this project is undertaken, he wonders if' Council would like further information regarding possible ramifications. Comm It was understood a report would be brought back. 7/14/76 File T. ~_t:!?:_t:.E_~I3,ep~:;L~!.!.._ Me!:F-~po~ita!2,~,~n Pol i cy Comm,~!:..~~<:.. - Mr. Bradley announced that the Oregon State Emergency Board denied the joint application from Eugene, Springfield, Comm and Lane County for funding. Therefore, the individual 7/21/76 jurisdictions may be coming back aski,ng ei ther for increased File funding or a tailoring down o.f the Plan. U. .zi!R.anes~_y"~~!:.. tOE~_ - Manager announced tha t a group of young people from Japan will be in the McNutt Room for a reception on Monday, July 26, at 7:00 p.m. They will be hosted by the Comm Uni vers:i ty of Oregon. Council members and staff attending 7/21/76 the Counc.i.1 meet.ing that evening were invited to come early Fil_ to help welcome the visitors. 7/26/76 - 20 3~~ V. Q.!:_C}!!.~~'!i...Yi!~9.!:Jo,!, - Councilman Bradley sa.id ho would be absent Comm From the Council meetings on July 26 and August 9, and from 7/21/76 e the committee meeting on July 28. File _. W. Pn!ce!!.ure ,--2~stri but:ion -E..r_Room, Ta.~,-und~ - Mr. Bradley volunteered to serve on any commi ttee discussing procedure for distribution of room tax funds. It was agreed that the Corom Counci.l would mect at ll:30 a.m. on July 28 (before the 7/21/76 rcqul aT Wednesday commi t tee meeti ng) to di scuss procedure, File that staff wou.ld provide input, and that .legal counsel would bc available at that time. . -. ---_.. .....---- X. Amendment to Citu Code re: Christmas Tree and Firework Sales - -._._---_._~._._----_._._._--_.._._----~------_._._----_._~---_._- Recommended by the Planning Commission on June 21, the amendment wou.ld allow sales of Christmas trees and fireworks in C-l, C-2, C-3, and M-2 zones and allow seasonal s,igns for tree sales between Deccmber 1 and January .1, and for fireworks sales between June 24 and July 6. Ass.istant Manager noted that a citizen had called, saying he would be unable to attcnd the public hearing and ask.ing that the Comm amcndments be changed to a1.10w charitable organizZltions to sell 7/21/76 on their own propcrtl.!. Pub Hrng Mr. Bradlel.! expressed his disaqreement with this amendment. He felt that the Christmas tre(~ sales should be allowed .in residential areas. thel.! add much to the flavor of the holidal.l spirit and are conducted for a short oeriod of time as are rather innocuous. e Mrs. Beal aqreed with him, but Mr. Murral.! and Mrs. Shirel.! disaqreed. Mr. Bradlel./ also noted that sale of trees on residential lots would be in keepinq with transportation qoals and policies of havinq ful.l-scrvice neiqhborhoods. 1 t was understood pubLic hearinq on the amendments wou.ld be he.ld ,lull! 26. ~1r . Haws moved second by Mrs. Beal to approve, affinn, and file as noted Items A through X. Rollcall vote. Motion carried, all Council members present voting aye. III - Ordinances Counci 1 Bill No. 1206 - Sanitary sewer on North Polk Street from Polk Court to 800 feet north (1256) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be read the second time by council hill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. e Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17724. Council Bill No. 1207 - Adopting plans and specifications for sanitary sewer on North Polk Street from Polk Court to 800 feet north (1256) was read by council bill nu~ber and title only, there being no Council member present requestin g that it be read In full. 3f3 7/26/76 - 21 , Mr. Haws.moved second by Mrs. Beal that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- . sidered at this time. Motion carried unanimously and the bill was read the secand time by council bill number only. - Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numb~reJ 17725. IV - Resolutions Resolution No. 2537 - Autharizing one-way traffic flow southbound on Columbia Street from Fairmount Boulevard to East 22nd Avenue, allow- ing bicycle traffic northbound and southbound was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motian carried, all council members present voting aye. Resolution No. 2538 - Commending Police Chief Dale Allen, resigned, was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2539 - Authorizing transfer .of nat to exceed $30,000 from General Fund General Administration and Support Program, Operating Contingency Account to General Capital Projects Fund Community Development and Improvement Program for city's share of construction costs for a new 24-bed e dormitory at the city/county jail was ~ead by number and title. - Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2540 - Authorizing payment of bills and claims for period July 12 through 26, 1976 was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Upon motion duly made, seconded, and carried, the meeting was adjourned to Wednesday, July 28, 1976, 11:00 a.m. ~-)~ Charles T. Henry City Manager - 7/26/76 - 22 3~~