HomeMy WebLinkAbout08/09/1976 Meeting
M I NUT E S
EUGENE CITY COUNCIL
August 9,1976
- Regular meeting of the Common Council of the city of Eugene, Oregon was called to order
by His Honor Mayor Lester E. Anderson at 7:30 p.m. on August 9, 1976 in the Council
Chamber with the following Council members present: Eric Haws, Wickes Beal, Tom Williams,
Neil Murray, D. W. Hamel, and Edna Shirey. Council members absent were Gus Keller and
Ray Bradley.
I - Public Hearings
A. Vacations, Streets and Easements
I-A-l 1. Portion of Jessen Street between Ohio and Wisconsin Streets (Cole)(SV 76-1)
Recommended by the Planning Commission on May 24, 1976.
Jim Saul, planner, explained that Jessen Street at this location was dedicated
to half width when the area was still in the county. Since annexation, develop-
ment of a major drainage channel 60 feet north of the existing Jessen right-of-
way has become necessary. As a result, if the street was ever developed to
full width, there would be only a 30-foot strip along its northern margin.
Mr. Saul said a public utility easement would be retained, and there would be
adequate room along the drainage channel for bike and pedestrian ways.
Public hearing was held with no testimony presented.
Council Bill No. 1208 - Vacating portion of Jessen Street between Ohio Street
and Wisconsin Street was read by council bill number
and title only, there being no council member present requesting that it be
-- read in full.
Mr. Haws moved second by Mr. Hamel that the bill be read the second time by
council bill number only, with unanimous consent of the Council, and that
enactment be considered at this time. Motion carried unanimously and the bill
was read the second time by council bill number only.
Mr. Haws moved second by Mr. Hamel that the bill be approved and given final
passage. Rollcall vote. All Council members present voting aye, the bi 11 was
declared passed and numbered 17726.
2. Portion of Corliss Lane at east end, east of River Road (Spradlin)(SV 76-2)
Recommended by the Planning Commission on May 24, 1976.
Jim Saul, planner, explained that development patterns in the area since annexa-
tion in 1970 project Corliss Lane to the south and east making this particular
dedication unnecessary. He said a public utility easement would be retained.
Public hearing was held with no testimony presented.
Council Bill No. 1209 - Vacating portion of Corliss Lane at east end, cast of
River Road, was read by council bill number and title
only, there being no Council member present requesting that it be read in full.
Mr. Haws moved second by Mr. Hamel that the bill be read the second time by
council bill number only, with unanimous consent of the Council, and that
e enactment be considered at this time. Hotion 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 17727.
-
34'1 8/9/76 - 1
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3. Easement north of East 29th Avenue, between Willamette and Oak Streets
(City) (EV 76-1)
Recommended by the Planning Commission on May 24, 1976. e
Jim Saul, planner, explained that except for a few small areas retained for
public use for power poles and guy lines, the easement wa~ not needed for
public facilities. The vacation is part of a transaction between the property
owner and the city for improvement of the 29th and Willamette intersection.
Public hearing was held with no testimony presented.
Council Bill No. 1210 - Vacating easement north of East 29th Avenue, between
Willamette Street and Oak Street was read by council
bill number and title only, there being no Council member present requesting
that it be read in full.
Mr. Haws moved second by Mr. Hamel that the bill be read the second time by
concil bill number only, with unanimous consent of the Council, and that
enactment be considered at this time. Motion carried unanimosuly 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 17728.
4. Easement east of City View, between West 27th Avenue and Corinthian Court
(Furtick/Maks)(EV 76-2)
Recommended by the Planning Commission on May 24, 1976.
Jim Saul, planner, explained that at one time the intent was for City View to -
be extended directly to the south to an intersection with 27th, rather than
curving. When the old City View right-of-way was vacated to make the curved
route, a blanket easement was retained. Utilities have since been located
on the west side of that right-of-way so there is no need for the easement
recommended for vacation at this time.
Public hearing was held with no testimony presented.
Council Bill No. 1211 - Vacating easement east of City View, between West 27th
Avenue and Corinthian Court was read by council bill
number and title only, there being no Council member present requesting that it
be read in full.
Mr. Haws moved second by Mr.Hamel that the bill be read the second time by
council bill number only, with unanimous consent of the Council, and that
enactment be considered at this time. Motion carried unanimously and the bill
was read the second time by council bill number only.
Mr. Haws moved second by Mr. Hamel that the bill be approved and given final
passage. Rollcall vote. All Council members present voting ay~ the bill was
declared passed and numbered 17729.
B. Bids I-A-2
~arks Department - Phase II, Lincoln School (irrigation, turf construction,
miscellaneous site work) (opened August 6, 1976) ,e,
Base Bid Alternate Bid
Fairway Irrigation $ 16,348.00 $ 10,886.00
Ramsey Waite 19,600.00 14,660.00
Del's Lane County Nursery 19,733.00 12,248.00
Wi11amette Cascade 21 ,849. 00 14J35.00
JOB Irrigation 25,599.00 14,575.00
8/9/76 - 2 3gg
_c...
Office Estimate $ 16,033.00 $ 10,000.00
Manager reviewed the bids. Contract award was recommended on the low base bid,
e less plant material in the amount of $2,376.00, for a net bid cost of $13,972.00.
Public hearing was held with no testimony presented.
Mr. Haws moved second by Mr. Hamel to award contract to Fairway
Irrigation on their low basic bid of $16,348.00 less plant
material in the amount of $2,376.00 for anet bid price of
$13,972.00. Rollcall vote. Motion carried, all Council members
present voting aye.
I-A-3
2. Public \'lorks Department - Various Improvement Proj ects (opened August 3 and 5,1976)
August 3, 1976 I
Cost to moun
t:~~~ Jf Ei~d~r t~1 ?:ojact Contract Cost Abutting Prop, Cost to City Budg~ted
S/;;::-.;:lY S=:..IE.~
to ::::yli:1e Loop a~nexa::ion arc.1 g4?ne~ally
~;~~c~~ by 43~d Ave~ue 0:'1 the nor:~;
)!lla~~ Rood O~ :he south aad ~es:; ,
a~d ~~s= of S~y!~ne Loop on t~e east
(1233)
1. H & J Construction Co.........................~ . 71.600.50..................San. Lat........$ 0.09/Sq.Ft.............O..................0....
2. Ke:1 Bosti~~ Construct1oa Co...................... 83.570.30 San. Serv.......$150.00/Ea
3. ~~gene Sa~d L Gravel. I~c........................ 96,517.40
I.. 003 T. tev..eaux................................. 100,035.75
5. C~n Allsu? Conc=actor, Inc....................... 102,467.30 I
< ~!ldish Cc~seruetion Co~?~ny..................... 106.728.50
.. I
7. C~dJ Conseruetion Co., Ir.c....................... 122.720.80
----~---------------------------------------------------------------------------------~-----------=~~:~:~~~~~~:~-~~~~:~-=:~~----------~---
" ~e t\,'ce" 3~th A\'c"u~ and 39t!l Ave!:",e (it
extend.d cast) t.o~ O~yx Street to Sorth
~h3St3 Loop (1250)
I
!. Sh~r-~ay Concc~ctor9. I~c........................, '3.~7.4.00..................San. Lat.......S O.116/Sq.Ft... ...... ...0.................. .0...
, t:i.ldfsil Cor.strc-::tion Co;,?a:'ty...................... 24,68U,.)0 San. Serv...... 35.00/Ea
3. .e3 5ostie~ Co~struct10n Co..................,.... 25,922.20
, . ~u~"nc SAnd & Gravel, Inc......................... 35,022.00
5. Jares A. Hill..................................... 41,142.00
O. Oa~ Allsu? Co~traetor, Inc........................ 49,945.20
CO!lPLETlO!I DATE: 5e,tember 17, 1976
-------------------------------------------------------------------- -----------------------------------------------------
1. ?att!3o~ Street fro~ Berntzen Street
~o th~ west ~ith!~ C~egory Pat'~
11285)
- , E~ernld ~xcavat1ng and Const~uction..............S 4.311.00. .~.... ... ..... ......5an. Lat.......$ O.045/Sq.Ft........0...................O...
2. J,:::es A. "111........................,............ 4.373.46 "San. 5erv......S120.00/En. ~
.. ~~~ Eoscic~ Co~scruccfc~ Co...................... 4,956.70
", 1: & J Co:::st.uotion Co:cpa::y....................... 4,961.50
~~~~1sh Co~str~ctio~ Co.......................... 5.259.88
6. t. D. V~~ ~~cr Constr~ct!o~. !~c................. 5,355.60
,. ~::)::'~ Gree~ !, ~c:'\s................................ 5,510.00
8. S:-:'..lr-T,.:.1Y (o:1:rJ.ccors. Inc... ................ ..... 6,087.50
'J, E~;~ne Sa~c ~ G~avel. I~c........................ 7,221.00
. '-, ~:~ Allsu~ Ccntr~ctor. Inc....................... 7,488.70 COMPLETION DATE: September 10, 1976
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4. Se~eca ~a3d :ro~ ~oosevelt 5oclev2:c
cc t!:o ~ac(h a;>?=0:<i:::at.1y 600 feo!t
(:2-3,)
l. J.:!~cs A. !!!.l!...................................... S 7.716.12.....................5an. Lat.......$ O.10/Sq.Ft.........0..................O...
2. H & J Co~sc;~ct1c~ Co~?a~y....................... 1l,440.5U San. Serv,..... 125.00/EA.
3. ~e~ Bostlc~ Cor.str~=tion Co~?any................. 8.507.00
, . L. n. Va~ Gvc~ Co~structic~. I~c................. 9,666.50
5. ~:o:~ Cre~~ & S~~~................................ 9,894.65
~"Cj~h Co~"."ctic~ Co.......................... 10,651.00
~ ':; ~\llr.u? C~~:r.:!c::cr, Inc....................... 10,936.80
o ::'~r-~-::'.J C:Jr.::<1c~ors, l:1c........................ 12,227.56
9. r~J~~c Sa~d & C~.1~el, i:;c........................ 13,488.00 CO!:!'LETlOll OAT:!: September 10, 1976
.-----------------------------------------------------------------------------r--------------------------------------------------_---____________.__
8/9/76 - 3
3f'l
-' Cost to Ar.:ount
~?ne of BiJ1er a~d Project Cont~acC Cast Abutting Prop. Cost to CitX Budgeted
5. ~:cLc,Jn ~oulcv.:lrc :rO:1 Durbi:1 Street
co hl1icb~c~: BOT..:1.e'::lrd (1282) _
1. Ken Bostick :onstr~otion CO..................~.$ 11.055.50......................San. Lat.......$ 0.07/Sq.Ft..........0..................~,...,..
2, ,':ildish Cons::uction Co......................... 14.JOU.UlT ,
J. Shu~-~,JY Cc~:r3ctors. I~c....................... 14.868.75
,. JB~~S A. Hill................................... 16.263.00
5. L. D. Va:1 e..-e::- Co=,structic:l. Inc................ 16.952.50
5. EUbene 5:lnd t. Gra',,,1. Inc....................... 19.892.50 COMPLETION DATE: September 16. 1976
------------------------------------------------------------------------------------------ ----------------------------------------------------
5. :';orth side of h'hitbeck Boulevard betyeen
Po~e11 Street Bn= Lorana High~ay (1240)
1. Ke:l Bostick CO:lstruction Co...................~.~ 3.A75.00......................San. Lat.......$ 0.145/Sq.Ft.........0.................0.......
2, Eugen~ Sand & Gravel. Inc....................... 3.875:50
3. Shur-Way CO:1:::-actors. Inc....................... 4.245.50
4. ~orn Green & Sons............................... 5,485.00
5. ~i1dish Constructi~n Co......................... 5.652.00
6. Ja~as A. Hill................................... 8.785.00 COMPLETION DATEI September 9. 1976
----------------------------------------------------------------~---------_.----------------- -----------------------------------
S I:lE;,'ALK
7. ~:orth sUe of 6t~ Avenue fro::! Jefferson
Streat to ~~dison Street (1264)
1. James A. Hi11.................................~S 3.003.05..........................0..........................$ 3.003.05.............$3.000.00.
2. Wildish Co~st::-u=tio:l Co......................... 4.474.75
COMPLETION DATE: September 17. 1976
------:=~----------_:.::.:~.:---=---====---------------:-~-:::"':~-----~--- ---:::=::::=::-:~:::-:=--.:.:..:-:-~--.:-======-=-=---:~.7~--
~
B. 15th Avenue fron Jefferson to
150 feet west (1124)
1. ~i1dish Construction Co......................._..$ 7.887.80....................28. Paving....$20.00/FF..........City Prop. $1.500.00...$2.100.00
2. Eugene Sand & Gravel. Inc........................ b.677.UO Bika Path $3.200.00... 5.000.00
3. Janes A. HilL........................'........... 11.940.50
_____________________________________________________________________________________________~_________---:~~:::::~N ,DA::~_~~~~~:_=~~____1IIIIr
!'WI~;G, SA~;ITARY SE~:E" & STO~1 S:;",,;ER
9. Within Dakota Su;~ivision (1265)
~ EJ~ ALTERNATE BID
1. Benge Paving, Inc..................~.$ 35.620.00."'..$35.630.60................28' Paving....$20.00/FF
2, Ken Bostic~ Const~uotio:l Coz-psny..... N6810:....$36.809.10 San. Lat....$ 0.062/Sq.Ft.
3. Eu!;ene Sand & Gr;n'~l. :"0............ No Rid.....$36.952.26 San. Serv...$ 167.00/Ea.
4. ~~~s~ Bros.. Inc..,................... No Bid.....$37.762.15 Storm Seyer.$ 375.00/Lot.............$ 1.720.00...........0.....
5. \1ildish Construntion Conpanr......... 40.572.70.....$40.086.10
6. Shur-Way Contractors. Inc............ 42.353.35.....$42.889.95
COMPLETION DATE: October 1. 1976
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- - ---. . ._-~-_._--- .
August 5. 1976
Cost to mOun
Na",. of Bidder and P~oject Contract Cost Abutting Prop. Cost to City Budgeted
~\l:::G. SA.'\ITARY SEI'iE?, & STO~! SE,,~:
ll:h Ave:1ue fron Bailey Hill Read to
oalt Lir.~ Road (11i5)
1. Euge~e Sand & Gravel. Inc........................$538.123.55.................44' Paving....$ 32.60/FF.............$103.000.........$109.900.00.
2, ~ildish Co~str~=tion,Cocpany.....................$607.988.66 7" Cone. Drive$ 1.36/SF Sen. Swr. 97.500......... 112 000.00
J. ;:,,00 Construction Co,"-pany. dba 8" San. Servo $3.175.00/Each .
Delta Construction CO............................$647.145.80 6" San. Servo $ 450.00/Each
COMPLETION DATE: September 1. 1977
--------------------------~------------------------------------------------------------------------------------------------------~---------._-~~--
:DC:':S:
~~in!orced concrete bridges - crossir.g
:..esc..A~.:lZo:! Channel at 3ertelse:1 R:Jad 4_.:-. __
~c,d .,est 11th Aver.'-'e (601 & 1176) .-
1, :iildish Const~'jc:ion Co:':p""y.................... .$210,056. 74.......... ............... .0........................... .,.$210.056.74. ,.... .$220.00_1
2. ~anilton Con5t~~ction Co~pa~y....................$214.795.00
3. Gail M. Rcbe~:s :0...............................$230.234.00
'. ~oss Brcs, Cc~s:~u~ti~n. Inc.....................$249.708.25 I
COMPLETION DATE: December j1. 1976 !
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8/9/76 - 4 3qo
Don Gilman, assistant director of puhlic works, reviewed the bids. Award of contract on
the low bid was recommended on each of the projects. He noted payment of $29,000 of the
e assessment for the Skyline Loop sewer would be deferred. On the 11th Avenue projects
(Items 1 and 2 - August 5 opening), Mr. Gilman described the project - 58-foot pavement
with four travel lanes and center left-turn lane. He said the road would be relocated
some\~'hat to the north at the Amazon, relocating the bridge, to provide vision clearance
at Wallis Street. The project was bid at this time, he said, to give lead time for
utility companies to move their facilities. Street excavation would probably not start
until June 1977, however sewer could be started now. Since this project as well as the
bridge project (Item 2) relies on some funds from the county, he said, the contract should
be awarded subject to the county's approval and concurrence in the projects. It is ex-
pected the county would pay about $140,000 on the tlW improvements.
Councilman Murray asked if there had been any exploration of the county's sharing in
cost for the 15th Avenue paving, since it will serve as an entrance to the fairgrounds.
~lanager answered that the county had been contacted but that no help was received.
In response to Councilwoman Shirey on the same project, Mr, Gilman said some lesser alter-
natives were considered, but it was felt that in the long run this would provide the most
economical solution. Such things as sidewalk construction or temporary paving would be
less desirable and would be only a temporary solution.
Councilwoman Beal noted the wide variance in costs for sewer projects. Mr. Gilman ex-
plained that the cost depended upon the topography, whether the lines were to be located
streets or on easements, etc. Also, whether a line would serve both sides of a street or
only one.
Public hearing was opened.
~ Anne and Ralph Olsen, 675 East 39th Avenue, objected to the sewer between 38th and 39th,
Onyx to North Shasta Loop (Item 2 - August 3 opening). They said they did not want it
at this time, they were not ready for it, and the installation would benefit mostly the
Bateman property to \vhich there was already a sewer available. Bert Teizel, city engineer,
said the Bateman property would be assessed about $17,000; Olsen, about $12,000.
Ralph Taylor, 34659 ~Iatthews Road, objected to having his property assessed for the
West 11 th proj ect (Items 1 and 2 - August 5 opening) because it did not front on West 11th.
He said if it was assessed, he would have to pay again whenever a street was put in in
front of his land. He asked that the exchange of letters between his attorney and the
city's attorney be made a part of this record. They were received by the Council and made
a part of the record by reference thereto. Mr. Teitzel explained that a county road
running parallel to \Vest 11th is separated from 11th by about 48 feet. The strip of,
land between was deeded to the city for road purposes as well as the county roadway, and
the city now considers this all as one right-of-way with no intention of improving that
access road. He said that other property farther west - Firestone, etc. - does have
access to 11 th and ~Ir. Taylor's property is also considered to have direct access onto 11th.
Both ~Ir. Taylor and ~Ir. and Mrs. Olsen were advised that they would have the opportunity
to appear before the hearing panel at the time assessment for the projects was made, and
that they would be notified of such hearing.
Public hearing was closed, there being no further testimony.
- Mr. Haws moved second by Mr. Hamel to award contracts on the low bid on each
project as recommended. Rollcall vote. Motion carried, all Council members
present voting aye.
3l:f/ 8/9/76 - 5
C, Charter Revision
Mayor Anderson noted this was further public hearing only, and that no action
would be taken at this meeting with regard to revision of the City Charter. -e
He called attention to draft copies available for those wishing them.
Public hearing was opened. 1-A-4
EstherLoy for the League of Women Voters read a prepared statement, copy of through
which was presented to the Council. The League suggested that election on the 1-B-8
Charter be held in January, rather than in September, to give time for public
study of the revised document.
William Carlstrom, 1091 West Broadway; Monte Marshall, 1865 East 28th Avenue;
and Michael A. Gravino, 2850 Kincaid Street concurred with the League's request
for delaying election on the revised Charter. They were particularly concerned
about wording of the freeway amendment and asked for more time to give the re-
vised version more detailed study. They felt the wording of the initial amend-
ment differed significantly from the revised wording.
Charles Stephens, chairman of the Library Board, with regard to appointment of
the Librarian, urged the Council to include the wording recommended by the Council
subcommittee in meeting with Board members - that the Librarian be appointed by
the City Manager only upon recommendation of the Board. He said the Board had
not agreed unanimously to that wording - two of the members felt the Board should
continue to be the appointing authority rather than as provided in the draft
which makes the appointment of the Librarian the sole responsibility of the City
Manager. However, all felt the Board should be directly involved in selection
of the Librarian.
Ray Wolfe, 1926 Potter Street, suggested several changes in the proposed Charter .-
revision with regard to the EWEB amendment: (1) The addition of wording with
regard to generation, collection, and distribution of power that would require
utilization of the most energy efficient and environmentally sound manner;
(2) addition of a section that would clearly define the responsibilities of the
EWEB general manager; and (3) addition of a section that would set out the geo-
graphical limits of Board representation. Mr. Wolfe also suggested inclusion
of sections that would provide for public participation in city goverance and a
balanced and unbiased presentation of information with regard to public issues.
Orlando J. Hollis, South Park Building, spoke for the members of the Eugene Water
& Election Board, urging the Council to include in the proposed Charter revi-
sion the working draft as presented on July 28, 1976. He read Section 24 of
that draft which provided for election of Board members and filling of vacan-
cies by the Board itself. Mr. Hollis reviewed in detail the history of the
Water Board since its establishment by the original City Charter in 1905 and
implementation by ordinance in 1911. He said the intent at that time was that
the Board should fill any vacancy by appointment of aperson from the ward in
which the vacancy occurred, otherwise the Council at that time would not have
adopted an ordinance contrary to a Charter so recently adopted. He said that
practice has been consistently followed to the present time. Elections held
at various times over the years were noted by Mr. Hollis in which the voters
consistently upheld Charter language that vested power and authority for opera-
tion of the water and electric utility with the Board itself.
Mr. Hollis called attention to the tradeoff in language of the proposed Charter .
revision, agreed to by all in a meeting between Council subcommittee and Board
representatives, icluding staff of both bodies. This agreement, he said, made
8/9/76 - 6 3q~
it "crystal clear" that the revised Charter would include the provision that
vacancies on the Board were to be filled through appointment by the Board
- itself. However, that provision was not carried into the present draft
as the result of Council action that carried by a margin of only one vote.
He pointed out the importance of maintaining appointing power with the Board
to avoid operation of the utility "through politcal influence." Also, the high-
ly sophisticated business involved and the amount of dollars involved in its
operation which call for careful and well managed planning if necessary bond
issues are to meet requirements of financial underwriters and investors at r8la-
tively low cost. Mr. Hollis called attention to the AAA rating now enjoyed by
the Board in financial markets on its bond isses, competing with some of the
largest corporation in the country for attracting funds to build the utility
system now enjoyed by the people of Eugene. With such a success story that has
carried over the past 65 years, he said, "Why meddle with it?"
Mr. Hollis recalled statements that the purpose of this Charter revision was not
to make basic, substantive changes in its provisions, rather it was to clear up
ambiguities in the language and to make clearer and more workable document. For
that reason, he felt that filling of vacancies on the Eugene Water & Electirc
Board shoulti be filled by appointment by the Board itself. Only with that pro-
vision, he said, would the Council be truly acting in a manner consistent with
intent of the origianl Charter and implementing ordinances and placing the Board
in a position where it could act upon future financial and bond issues divorced
from all politics.
Upon a show of hands requested by the Mayor, about 75 to 85 people in the audience
indicated they were supporting the position stated by Mr. Hollis and EWEB.
e Others speaking in support of Mr. Hollis' position were Dave VanFossen, 2700
Almaden Street; Walter deMartini, 1313 Lincoln Street, speaking for the New Car
Dealers Association; Dennis Cuddeback, 4125 Highway 99S; and Charles Strong,
495 West 26th Avenue. They objected to management of the utility's finances
by an appointive Board. They also recognized the efficient and low-cost opera-
tion under the present method of operation. Mr. Strong presented a prepared
statement to the Council in which he pointed out that management, planning,
service, personnel, and finances all were characteristics of the utility opera-
tion that would be affected by a change in the method of Board selection.
Upon questioning from a Brion Marquez with regard to reasons for changing word-
ing in the freeway amendment and deletion of requirement for bold face type in
posting notices of election prior to freeway construction, Mayor Anderson said
explanations would be forthcoming at the conclusion of public testimony.
John Morrison, 2609 Central Boulevard, commented on the service provided by EWEB
employes and the courtesies extended to the public. He said he couldn't imagine
interfering with an operation that had met with the kind of success that would
result in that type of service.
Public hearing was closed, there being no further testimony presented.
A short recess was taken.
Upon reconvening, Mayor Anderson said there would be further discussion of pro-
posed revisions at a subsequent meeting. However, he recognized John Tiffany,
- chairman of EWEB.
Mr. Tiffany said the Board hoped for affirmative action by the Council on the
July 28 draft (providing for EWEB' s fil] ing vacancies on its own Board). However,
893 8/9/76 - 7
failing that, he said, the Board recommended an immediate meeting between the full
Council and the Water Board for the purpose of trying to reach agreement on the
proposed Charter revisions affecting EWEB.
Councilman Murray expressed appreciation to citizens giving public testimony, .
) especially after having discussed Charter revision over the past few weeks in
"almost empty'rooms." He said he thought the issue of appointment vs election
of Board members had become a matter of "making a molehill into a mountain." He
said it was not the original intent to act precipitately in changing the manner
of selection of EWEB members. After more thought, he said, it now seemed to him
that given recent experience of public interest in important energy policies,
it would be untimely to change the selection procedure or cast any doubt on that
procedure at this time. He said he would offer a motion under the consent
calendar to include language in the Charter that would clearly call for election
of Board members. With regard to timing of election on the Charter revision,
he said he felt no great compulsion to rush the revision to the voters. He
thought time should be taken to look at it more carefully, that increased input
and a stronger and better Charter with more public support was worth pursuing.
Discussion was closed off, and it was understood further discussion
on ,.Charter revision would be scheduled.
D. Parks Land Acquisition Program 1-B-9
Manager noted that the proposed $5 million, IS-year serial levy was recommended
by the Joint Parks Committee and approved by the Council for hearing at this meet-
ing. He said this proposal was reduced from the original proposal which included
more land and certain improvements to existing park lands. It would provide
acquisition of open space in the South Hills area for growth control as well as,
aesthetics and recreation. Ed Smith, parks director, explained details of pro-
posed land acquisition contemplated under the serial levy - about 600 acres --
in the South Hills, 25 acres in Willakenzie area, three areas in the central
city, seven acres in Delta/Goodpasture area, and 30 acres in the Bethel area,
all of which he pointed out generally on a map. He also pointed out locations
of park development under the bond issue originally proposed and said the present
levy would cover land acquisition only. The present proposal, he estimated, would
result in a tax rate of about 27~ per $1000 of assessed valuation.
Public hearing was opened.
Speaking in favor of the acquisition program and urging presentation of a ballot
measure to the voters were George Alvergue, 430 East 46th Avenue; Scott Lieu-
allen, 1190 West Broadway; David McClurg, 602 West 28th Avenue, Crest Drive Citi- II-A-l
zens; Twila B. Voorhees, 535 Kingswood, speaking for the League of Women Voters
and presenting a written statement; Phyllis Earley, 3945 Mill Street; Cheryl
Reyn~lds, 225 West 35th Place; Rosalie Lemert, 10 East 40th Avenue; Peter Wengert,
530 West End Avenue, New York, N.Y. (formerly 1629 Moss Street); Sandra Bishop,
1190 West Broadway; Jean Reeder, 1645 Fairmount Boulevard, president of Fairmount
Neighbors. The general thrust of their testimony was that future population growth
in this area would justify the need for open space acquisition now, in the city
core area as well as in the South Hills. Acquisition in the South Hills would
be consistent with adopted goals and policies of preserving maximum open space
and maintaining the distinctive topographical features of the ridgeline, natural
forest areas. livability of the area, etc., as well as continue Eugene's history
of land acquisition to maintain open space for future enjoyment of its citizens.
Also, city acquisition of South Hills property would act as a partial barrier -
to the south which would help promote compact urban growth and prevent develop-
ment sprawl over the ridgeline. It was thought that more land should be acquired
in the western part of the city for open space, not necessarily for developed parks.
8/9/76 - 8 3qL.f
Also that the most important consideration was to maintain the integrity of the
urban service boundary. The south hills were compared to the east hills where
development has occurred over the past 85 years with the comment that development
It in the south hills would occur much more quickly because of the rapidly growing
population in the urban area, growth that would be costly in terms of services to
new developments.
William Carlstrom, 1091 West Broadway, said that he would like to see a larger
acquisition program presented to the voters. He also favored presentation of
related economic factors to the voters so that they could judge whether they \ianted
roads and amore efficient transportation system, parks, development of a denser
core area, etc.
Brian Obie, 2560 West 27th Avenue, agreed that the voters should have the opportunity
to choose whether they felt the acquisition could be supported from a financial
standpoint. He also urged the Council to present portions deleted from the original
bond issue - the development program - as a separate measure along with this serial
levy proposal. He said Eugene was in dire need of "people" oriented public facili-
ties - for the handicapped, juvenile groups, swimming pools, etc. - and they should
be included on the ballot as an alternative or an adjunct to the park land acquisi-
tion proposal. Mr. Obie urged that the proposal go to the voters at the November 2
election. This, he said, would provide an opinion from the greatest number of
voters since more people turn out for a general election than any other type of
election.
Public hearing was closed, there being no further testimony presented.
Council Bill No. 1212 - Calling special election September 21, 1976
e re: Parks Land Acquisition and autohrizing
$5 million, 15-year serial levy, was read by council bill number and title
only, there being no Council member present requesting that it be read in full.
Mr. Haws moved second by Mr. Murray 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.
Councilman Williams wondered if it would be wise to delay action on this referral
to the voters until it was known, whether the Charter would be ready for presentation
at a September 21 election. He was concerned that a series of special elections
might result if this was referred September 21, then it was found the Charter would
have to go to a later election. Manager noted another hearing scheduled for
August 16 on the charter at which time it possibly would be decided whether to take
it to the voters in September. Councilman Murray said he would rather work more
intensively on the charter so as to have it ready to go to the voters on September 21
with the parks land acquisition measure, this because of the length of time the
parks issue had been delayed to date. Councilwoman Shirey agreed that the parks
issue should go ahead as soon as possible. She asked when the charter would be voted
upon if it didn't make the September 21 election. Manager answered that it could go
to the Novembet election. I f so, then there would be an opportunity for the Council
on August 23 to make its decision. September 2, he said, was the deadline for putting
issues on the November 2 ballot.
Vote was taken on the motion for second reading. Motion carried unanimously
it and the bill was read the second time by council bill number only.
Mr. Haws moved second by Mr. Murray that the bill be approved and given
final passage. Rollcall vote. All Council members present voting aye,
the bill was declared passed and numbered 17730.
8/9/76 - 9
3~5
Resolution 2541 - Authorizing submission to the voters at the
September 21, 1976 special election a ballot .
measure re: Parks land acquisition, $5 million IS-year serial levy
was read by number and title.
Mr. Haws moved second by Mr. Murray to adopt the resolution. Rollcall vote.
Motion carried, all Council members present voting aye.
Manager said that it is planned to use the parks department quarterly publica-
tion - the fall issue - as a voters pamphlet to publicize the issues.
E. Annexation and Zoning
Area south of Belt Line between Goodpasture Island Road and Willamette River _ II-A-3
From County AGT and City AG to R-2 PD (Hewitt, Kingsley, et al)(A 76-7 and
Z 76-17)
Recommended by the Planning Commission on June 8, 1976. Jim Saul, planner, ex-
plained the application covered a voluntary request for annexation of 116 acres
as well as zoning to R-2 on 133 acres, representing a number of different owner-
ships, all lying in the northern portion of the Goodpasture Island area. The
Planning Commission, he said, felt annexation as requested was appropriate
because the property was centrally located and completely surrounded by the
city; development of the property would have an excellent effect on development
patterns in the area, giving the city direct control under planned unit pro-
cedures on the type of development to occur; the property is within the urban
service boundary and would promote the compact urban growth policy; public
services are available - approximately one-half can be served by the Willakenzie
trunk sewer, the southern portion can be served by a temporary system to the --
existing pump station, a fire station has just been completed at Kingsley and
Goodpasture Island Roads, police department can provide protection, EWEB water
and electric service is available, and the parks department contemplates its
land acquisition program will include some park land in that area. He said
that when the Commission considered the annexation, it included two small par-
cels that were not included in the initial application, the owners of neither
presenting any objection to their property's being included.
Mr. Saul continued that the acreage on which R-2 zoning was requested was
larger than that petitioned for annexation because the zoning application took
in an area in Mr. Hewitt's ownership previously annexed which retained the
basic AG zoning. He said the attorneys had seen no legal problems with taking
action on both the annexation and zoning applications at this time, noting that
the ordinance effecting the zoning would be written so as to make that zoning
effective at the same time affirmative action is taken by the Boundary Commis-
sion on the annexation request. Mr. Saul said findings supporting the zoning'
were set out in staff notes, previously distributed to Council members. Also,
that the proposed R-2 zone basically would go along with the recent Plan amend-
ment designating this general area as suitable for medium-density residential
use. As to public need, ~rr. Saul said that the Commission's recommendation
contained findings dealing with the relationship of housing needs in the com-
munity and the long-range development plan of this area, particularly as to its
effect on central city areas and opportunity to provide for conservation within
the central city neighborhoods.
No ex parte contacts or reasons, for conflict of interest were de- --
clared by Council members. Planning Commission staff notes and
minutes of June 8, 1976 were received as part of this record by
reference thereto.
Public hearing was held with no testimony presented.
8/9/76 - 10 3QCp
Resolution No. 2542 - Transmitting to Boundary Commission recom-
mendation to annex area south of Belt Line
- between Goodpasture Island Road and Willamette River was read by
number and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote.
~Iotion carried, all Council members present voting aye.
Council Bill No. 1213 - Zoning to R-2 PO area south of Belt Line
between Goodpasture Island Road and Willamettc
River was read by council bill number and title only, there being no
Council member present requesting that it be read in full.
1-fr. Haws moved second by Mr. Hamel that findings as set out in Planning
Commission staff notes and minutes of June 8, 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. ~lotion carried unanimously and the bill was read the second time
by council bill number only.
~fr. Haws moved second' by t-lr. 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 17731.
F. Zoning newly annexed area west of Delta Highway, east of Willamette River,
south of Goodpasture gravel ponds - From County AGT, RA, C-2, and C-3 to C-2 SR
with Integrated Shopping and Outlying Commercial Sign District designations
e (City) (Z 76-21)
Recommended by the Planning Commission on July 6, 1976.
Jim Saul, planner, explained that a portion of this area was annexed by the
Boundary Commission in June, 1976. However, included in the Planning Commission's
consideration of the total area were the five-acre Mitchell property lying be-
tween the Valley River Inn and the Quad Cinema complex, the Willagillespie Com-
munity Center, Moran office park development, Eugene Dodge development, and
several others, about 70% of which is already zoned for commercial use. He noted
that findings and basis for the proposed rezoning were set out in planning staff
notes and minutes of July 6, 1976, and he pointed out the commitment to commercial
development through the General Plan and commercial study of the area. Site
review procedures would be required. Also, two sign districts are recommended to
distinguish between integrated and outlying commercial areas. Mr. Saul suggested
some special consideration should be given the portion involving the Eugene Dodge
development because of pending litigation on that annexation. Proposed was a
separate ordinance dealing with that property (Tax Lot 2800) so that regardless
of the court ruling, the zoning issue would be resolved or void without having
to come back to the Council.
No ex parte contacts or conflicts of interest were declared by
Counci I member s. Planning Commission staff notes and minutes of
July 6, 1976 were received as part of this record.
Public hearing was held with no testimony presented.
. Counei I Bi 11 No. 1214 - Zoning newly annexed area west of Delta Highway,
east of Willamette River, south of Goodpasture
Island gravel ponds to C-2 SR with Integrated Shopping and Outlying Com-
mercial sign district designations was read by council bill number and title
only, there being no Council member present requesting mat it be read in full.
397 8/9/76 - 11
Mr. Haws moved second by Mr. Hamel that findings supporting the zoning as set
out in Planning Commission staff notes and minutes of July 6, 1976 be adopted
by reference thereto; that the bill be read the second time by council bill .
number only, with unanimous consent of the Council; and that enactment be con-
sideredat 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 17732.
Council Bill No. 1215 - Zoning newly annexed area (Tax Lot 2800) w~st
of Delta Highway, east of Willamette River, south
of Goodpasture Island gravel ponds to C-2 SR with Outlying Commercial
sign district designation was read by council bill number and title only,
there being no Council member present requesting that it be read in full.
Mr. Haws moved second by Mr. Hamel that findings supporting the zoning as set
out in Planning Commission staff notes and minutes of July 6, 1976 be adopted
by reference thereto; that the bill be read the second time by council bill
number only, with unanimous consent of the Council; and that enactment be con-
sidered 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 17733.
G. Rezoning -
1. West of Goodpasture Island Road, south of Kinsley - From AGT to R-2 PD
(Howell, Smith, Brown)(Z 76-24)
Recommended by the Planning Commission on July 6, 1976. II-B-I
Jim Saul, planner, explained that this was the last of the zoning issues af-
fecting the Goodpasture Island area and involved 77 acres annexed in July 1972.
He noted the lengthy, complicated process and consideration of various zoning
proposals on this particular property culminating in the Council's denial of
C-2 zoning in October 1975. The city's action was challenged in court, and
that action has been held pending action upon the zoning application for
R-2 PD now under consideration. Mr. Saul said the basis for the Planning
Commission's recommendation was that the proposed zoning is consistent with
the recently adopted amendment to the 1990 Plan for the Island area, and also
consistent with objectives of the General Plan with regard to provision for
medium-density housing. Addition of the PD suffix, he said, gives the oppor-
tunity for subsequent review of development proposals as well as numerous ad-
vantages to the developers themselves in terms of dwelling types, transfer
of densities, and satisfying the LCDC goals with regard to the Willaemtte
Greenway.
No ex parte contacts or conflicts of interest were declared by
Council members. Planning Commission staff notes and minutes of
July 6, 1976 were received as part of this record.
Public hearing was held with no testimony presented. .
Counci 1 Bi 11 No. 1216 - Rezoning to R-2 PD area west of Goodpasture
Island Road, south of Kingsley Road was read
by council bill number and title only, there being no council member
present requesting that it be read in full.
8/9/76 - 12 3qg
Mr. Haws moved second by Mr. Murray that findings supporting the rezoning
as set out in Planning Commission staff notes and minutes of July 6, 1976
- be adopted by reference thereto; that the bill be read the second time by
council bill number only, with unanimous consent of the Council; and that
enactment be considered at this time. Motion carried unanimously and the
bill was read the second time by council bill number only.
Mr. Haws moved second by Mr. Murray that the bill be approved and given
final passage. Rollcall vote. All Council members present voting aye, the
bill was declared passed and numbered 17734.
2. South of 11th Avenue, west of Arthur Street - From RA and R-I to C-2 SR
and RP SR with sign district designation on portion as Integrated Neighbor-
hood Shopping Center (Nickels-Leonard)(Z 76-25)
II-B-2 Recommended by the Planning Commission on July 6, 1976.
Jim Saul, planner, distributed tax lot map and pointed out the areas involved
in this application for C-2 SR zoning - 3.8 acres in Nickels' ownership,
.5 acres in Leonard's. He explained that the Planning Commission modified
the request to C-2 and RP, both with site review procedures. When applicants
expressed concern about the drawing of the line between C-2 and RP properties,
the Commission indicated its willingness to reconsider that line in the
future if a firm development proposal was submitted for the portion recom-
mended for RP zoning.
In response to Councilman Haws' inquiry with regard to intent of the motion on
the Planning Commission recommendation, Mr. Saul explained that the Commission
action was to adopt staff recommendation - rezone to C-2 with site review pro-
-- cedures the first 300 feet back from 11th Avenue, rezone to RP with site re-
vi~w procedures the balance of the property to the Amazon Channel.
Councilman Murray asked whether the Commission's statement that "it was will-
ing to reconsider" entailed any obligation or commitment to further rezoning
of the RP portion in the future. Mr. Saul explained that the purpose of
that statement was not to make any specific commitment to further commercial
zoning, rather that the Commission would take it under consideration should
a firm development proposal be submitted. He noted that another application
for rezoning could not be submitted within a year unless the Commission
specifically allowed that to happen; the Commission in taking its action was
indicating its willingness to waive that year's waiting requirement should
something concrete be proposed. In response to Councilman Haws, Mr. Saul said
the Commission for good cause can legally waive the requirement for the one-
year waiting period.
No ex parte contacts or conflicts of interest were declared by
Council members. Planning Commission staff notes and minutes of
July 6, 1976 were received as part of this record.
Public hearing was opened.
Don Amacher of Bullier & Buller, realtors, said his firm was working on a pro-
posal that would call for rezoning the entire area to the Amazon Channel to
C-2. He thought the commercial zoning would be required to make development
- economically feasible in view of the lack of other vacant commercial proper-
ties in that area and because of the surrounding commercial zoning.
Emma Nickels, owner of a portion of the property, said she would like to see
the property developed in a manner becoming to the community and suggested
cluster type development that was in keeping with the current trend away from
strip zoning. 399 8/9/76 - 13
"
Public hearing was closed, there being no further testimony presented.
Council Bill No. 1217 - Rezoning to C-2 SR and RP SR area south of
11th Avenue, west of Arthur Street, with portion -
designated as Integrated Neighborhood Shopping Center sign district, was
~ead by council bill number and title only, there being no Council member
present requesting that it be read in full.
Mr. Murray moved second by Mr. Hamel that findings supporting the rezoning and
sign district change as set out in Planning Commission staff notes and minutes
of July 6, 1976 be adopted by reference thereto; that the bill be read the
second time by council bill number only, with unanimous consent of the Council;
and th~t enactment be considered at this time.
Councilman Haws wondered why the rezoning was being extended to the Amazon Channel,
why the commercial zoning was being extended away from the strip development along
11th, and why the present R-l zoning south of that was being changed to RP. He
said he had seen no statement with regard to public need in the Commission's
consideration. Mr. Saul pointed out a series of complex issues addressed in
Commission staff notes of July 6 - implications of the proposed zone change in
the context of the General Plan, previous zoning actions in the West 11th area,
relationship between this property and adjacent properties. He noted the in-
dividual commercial developments surrounding the subject property and options
available for its development, and said the conclusion was that residential
development at that location would not be realistic. Having reached that con-
clusion and taking into account the possible development of the Amazon Parkway
along the southern edge with the bulk of the residential area to the south of
that, the Commission felt RP zoning would address the need in the sense of
alleviating a development problem area. The properties constitute the last --
large parcel in the area and testimony was presented to the Commission with
regard to inability of the owners to develop under the existing R-l zoning.
Mr. Saul added that while the Commission indicated its willingness to consider
other zoning proposals for this area in the future, he thought it would be a
"grievous mistake: for Mrs. Nickels or anyone representing her to assume that
the Commission had obligated itself to commercial zoning of all the area back
to the Amazon Channel. He called attention again to lengthy discussion of
the problems involved as set out in planning staff notes and minutes of July 6.
Councilman Haws asked if he was being told that "we do need more commercial land
in this area and we do need the RP." Mr. Saul answered that there was no
basis to quarrel with the applicant's statement of need for the proposed com-
mercial zoning (to establish an ambulance station). With regard to the RP
portion, he said, while there were no market surveys, etc., that would indicate
there is a demand for RP zoning, there were certain facts pointed out in staff
notes indicating the need in the sense of the location and surrounding uses.
He pointed out the number of subdivision and planned unit developments occur-
ring in the southwest portion of the city and dwelling units to be served as
.a consequence.
Councilman Haws then asked wh~t would be placed on the property under RP zoning
that is not now available in the West 11th area. Mr. Saul recounted the per-
mitted ~ses under RP zoning and noted the location of other RP properties in
the general area.
Vote was taken on adoption of findings and second reading the --
the council bill (1217): Motion carried unanimously and the bill
was read the second time by council bill number only.
8/9/76 - 14 J.foo
Mr. Murray moved second by Mr. Hamel that the bill be approved and given
final passage. Rollcall vote. All Council members present voting aye, the
e bill was declared passed and numbered 17735.
3. Areas on University of Oregon Campus - Deady Hall (1010 East 11th Avenue)
II-B-3 and Villard Hall (1000 East 11th Avenue) - From PL Public Land to H Historic
(Historic Review Board)(Z 76-8 and Z 76-9)
Recommended by the Planning Commission on June 8, 1976.
Jim Saul, planner, noting that this rezoning was also recommended by the
Historic Review Board, read from staff notes the bases for historic preserva-
tion designation. He said ordinances effecting rezoning in both instances had
been reviewed with 'the University of Oregon officials and that no objections
were presented.
No ex parte contacts or conflicts of interest were declared by
Council members. Planning Commission staff notes and minutes of
June 8, 1976 were received as part of this record.
Public hearing was held with no testimony presented.
Council Bill No. 1218 - Rezoning to H Historic area on University
of Oregon campus at 1010 East 11th Avenue _
Deady Hall - was read by council bill number and title only, there being
no Council member present requesting that it be read in full.
Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as
set out in Planning Commission staff notes and minutes of June 8, 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, all Council members present voting
aye, except Councilman Murray abstaining, and the bill was read the second time
by council bill number only.
Mr. Haws moved second by Mr. Hamel that the bill be approved and given final
passage. Rollcall vote. All Council members present voting aye, except Council-
man Murray abstaining, the bill was declared passed and numbered 17736.
Council Bill No. 1219 - Rezoning to H Historic area on University of
Oregon campus at 1000 East 11th Avenue - Villard
Hall - was read by council bill number and title only, there being no
Council members present requesting that it be read in full.
Mr. Haws moved second by Mr. Hamel that findings supporting the rezoning as
set out in Planning Commission staff notes and minutes of June 8, 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, all Council members present voting
aye, except Councilman Murray abstaining, and the bill was read the second time
by council bill number only.
Mr. Haws moved second by Mr. Hamel that the bill be approved and given final
passage. Rollcall vote. All Council members present voting aye, except
e Councilman Murray abstaining, the bill was declared passed and numbered 17737.
H. Appeals from Planning Commission denial of zone change requests on July 6, 1976
1. South side of Concord Street, east of Hughes Street - From RA to R-2
(Petersen)(Z 76-16)
11-B-4 Jim Saul, planner, explained that denial was on unanimous vote of the Planning
Commission at its July 6, 1976 meeting. The petitioner requested the zone
~al 8/9/76 -IS
change to allow the construction of a duplex on an interior lot. Mr. Saul
noted surrounding development and pointed to planning staff notes and minutes
concerning bases for. the Commission's action.
No ex parte contacts or conflicts of interest were declared by it
Council members. Planning Commission staff notes and minutes of
July 6, 1976 were received as part of this record.
public hearing was opened.
James McAlexander, speaking for the applicant, called attention to the medium-
density designation on the 1990 Plan map for the subject area as well as the
staff mention of size of the vacant parcel - 10,600 square feet - which would
allow a fourplex building. He pointed out that existing duplex development
surrounded the property and the density allowed under the proposed zoning.
He showed a floor plan of the duplex proposed for the lot and said he felt it
would be in keeping with lot coverage of other low-density development in the
area. Mr. McAlexander also pointed out that public services were available -
schools, utilities, shopping, recreation. Also, with regard to duplex con-
struction on an interior lot, he was hesitant to construct single-family housing
between the multiple-family rental units. He said the applicant had no ob-
jection to density limitations or site review procedures, if necessary. He
felt the proposal was justified with the current trend toward more compact
development within the city.
Public hearing was closed, there being no further testimony presented.
Mr. Saul pointed out the Commission's primary reason for denial of the rezoning
was because the Commission had clearly indicated when establishing the R-2 PD -
zoning in 1972, that that was the extent of medium-density development in that
area. He said the Commission required setbacks of about SO feet between prop-
erty lines as well as single-story buildings. He added that the subject parcel
was part of a minor partition approved partially on the basis that single-
family construction would take place. Finally, he said, the Commission recom-
mendation was consistent with Plan indications for the area.
Mr. McAlexander responded that they were proposing a lower density than that
allowed under a planned unit development. Also, that the development to the
wast -Village Square - was on a smaller lot than this one, and that a second
addition to that PUD would reflect a 10- to II-foot setback. He felt the set-
back requirement mentioned was irrelevant because of the location of this prop-
erty between a duplex and the Village Square PUD.
Councilman Haws asked who built or owned the duplex referred to. Mr. Saul
answered that the owner of record was Robert and S. K. Petersen.
Mr. Haws moved second by Mr. Hamel to deny the appeal and the rezoning,
and to adopt findings as set out in Planning COIDmission staff notes
and minutes of July 6, 1976.
Councilwoman Beal was not sure that the Council, because of the late hour, would
be giving its best decision in this matter. She suggested giving the issue more
,thought before action. Mr. Haws wondered if the Council could legally do what
the applicant was asking - whether the Council had a choice even if more thought -
was given. Mr. Saul said the Commission's judgment was that it couldn't, however
that could be a judgment matter. He added that a decision certainly did not
have tobe made at this meeting, but if other than denial was indicated, the
issue would have to go to a joint meeting between the Council and Commission.
8/9/76 - 16
t.fb~
Councilman Haws said it was his understanding that because the lot was an
interior lot, a suplex could not be constructed. He wondered how that could
-- be changed. Mr. Saul answered that a duplex on the interior lot was pro-
hibited at this time because of the RA zoning. If the.zone was changed to
R-2, then the duplex would be allowed. But that would also raise the question
of how many other interior lots there were in the city on which similar rezon-
ing could be requested.
Rollcall vote was taken on the motion to deny the R-2 rezoning.
Motion carried - Council members Haws, Williams, Murray, Hamel,
and Shirey voting aye; Councilwoman Beal abstaining.
2. Bet\\Cen Delta Highway and Wi 11 agillespie Road, north of Delta Interchange -
From City and County RA to C-2 (Wildish)(Z 75-5)
Manager explained that the applicant had requested postponement of this
item to a future Council meeting.
Mr. Haws moved second by Mr, Hamel to postpone consideration of
the appeal until the September 13, 1976 Council meeting. Motion
carried unanimously.
II - Items acted upon with one motion after discussion of individual items as requested.
Previously discussed in committee on July 28 (Present: Council members Keller, Haws,
Beal, Murray, and Hamel), August 4 (Present:Mayor Anderson; Council members Keller,
Haws, Beal, Williams, Murray, Bradley, and Shirey), and August 5 (Present: Mayor
Anderson; Council members Keller, Haws, Beal, Williams, Murray, Bradley, and Shirey).
Minutes of those meetings appear below in italics.
It '..
A. Room Tax Allocation Procedures - Council voted at the July 21 Committee meeting to
rescind action taken at the July 14 meeting on various room tax applications because
they felt that they had insufficient information when they had acted previously.
Also, the purpose was to schedule discussion first on the procedures used in making
the allocations.
Mr. Murray corrmented that, though changes have been made from time to time in the way
the allocations are handled, the situation has never seemed to get any better. He
feels it is unfortunate that hassles are aired in public, noting the fact that so
many times decisions of the room tax corrmittee are reversed by the Council. He
suggested either a council subcomrnattee to review requests, or placing a Council
member on the room tax committee.
Mr. Haws commented that he would like to see all the IlK:)ney placed in the general
fund and allocated toward a major program - parks acquisition, for instance.
Mr. Hamel suggested earmarking all room tax IlK:)ney for an auditorium - clearly
cultural in nature.
Mr. Murray would not be opposed to a bold change at this point except that he does
not favor earmarking all funds for the auditorium since it has been so resoundly
defeated at the polls. He feels parks acquisition would be a good investment,
however.
it 'Manager would be concerned with drastic changes too soon. Withdrawing 'support
of previously funded organizations at this point might have serious repercussions.
Mr. Keller wondered whether money would actually be absorbed into the general
fund as such. Assistant City Attorney Stan Long explained that funds would still
8/9/76 - 17
Jt03
I
be earmarked for recreational, cultural and tourist type activities. Historically,
when the room tax amendment was approved, the council at that time decided that a
committee should draw up allocation guidelines, the criteria being to bring tourists
to a culturally and recreationally attractive city. He stressed that the city lacks e
authority to act for the benefit of organizations. Any actions are to be for the
benefit of the public, and allocations should be made with that purpose in mind.
Mrs. Beal f~els an obligation to provide the Chamber convention bureau with funds,
since it cl~arly promotes tourism.
Mr. Hamel agreed, but Mr. Haws disagreed, feeling no obligation to fund any
traditionally funded organizations.
Mr. Murray ~llOuld support funding for Chamber tourist facili ties, as well as the
symphony associations, historic preservation and parks land acquisition programs.
Mr. Keller commented that the problem really is deciding on the process for
allocations, not the allocations themselves.
Assistant city Manager relayed the staff's frustration over applicants often
modifying their words and giving a different perspective to Council when appealing
a decision of the room tax committee. The appeal technique may need to be studied,
he said. Comm
7/28/76
Mrs. Beal moved seconded by Mr. Murray that the Council President Approve
appoint a subcommittee of the Council to bring back changes in the
allocation procedures and priorities. Motion carried unanimously.
B. Segregation of Assessments - between Happy Lane and Fir Acres Drive - -
Camerer/Platz (SE 76-6).
Comm
Mr. Haws moved seconded by Mr. Murray to approve the segregation. 7/28/76
Motion carried unanimously. Approve
C. Conveying City Properties to Abutting Property Owners ~ SCS Channel Project,
West of Norkenzie Road, north and south of Flintridge. Map has been distributed
to Council members with memo from Public Works explaining the properties were
deeded for the SCS easement without cost to the city; owners of abutting properties
agree to the conveyance as proposed. Comm
Mr. Haws moved seconded by Mr. Hamel to authq:rize the City Manager to 7/28/76
sign appropriate documents conveying the properties. Motion carried Approve
unanimously.
-
D. Lane County Proposed Process for Creating New Development Centers - Planning
Director report of July 14 has been distributed to Council. Both the County and
City Planning staffs have concernS. The matter is being referred to the County
commissioners "today" and Council input is desired so that City staff may
communicate with the Commissioners.
Planning Director John Porter explained that both planning commissions wish to
request the county commissioners to delay action until important questions are
answered. Clarification is sought of the defini tion of "new development center",
and the coun'ty is responsive to developing a better definition. The second concern .
is that, if new development centers occur close to the urban area, they could be
construed to be in conflict with the 1990 Plan regarding compact urban growth
form and establishment of satellite full-service facilities. The third
concern is tHe inequity in taxing that may exist with development centers
outside the incorporated areas.
819/76 - 18 l.fO'1
Planning Director added that, if the county cannot delay, staff would like to
request that no development centers occur within the broad general area now
e under study by the Metropolitan Plan Policy Committee.
Mr. Murray moved seconded by Mr. Hamel to authorize staff to relay to Corom
the county commissioners the position as outlined by Planning Director. 7/28/76
Motion carried unanimously. Approve
E.Transient Room Tax Allocation - Reports already transmitted to Council (see
Council minutes of July 26, 1976). Manager noted receipt of an appeal from
the Center for Performing Arts with regard to the room tax committee
recommendation for denial of their application.
Mr. Murray referred to Council's earlier decision to deny the request of the
Community Center for the Performing Arts in the old WOW Hall. He said his
remarks at that time were construed by some to mean that he favored tearing
down the WOW Hall. He clarified that, as part of the Downtown Westside Study,
the City may want to explore with the center the possibility of financial
assistance to preserve them in that environment.
Comm
Mrs. Beal moved seconded by Mr. Hamel that the city reaffirm its 7/28/76
action in regard to those organizations recommended for denial by the Approve
Room Tax Committee: Eugene Junior Symphony, Bicycle Maps-Public Works,
Community Center for the Performing Arts, Northwest Review, Paint-A-Plug
and Musicians Mutual. Motion carried, all council members present voting
aye except Mr. Murray voting no and Mr. Haws abstaining.
e In regard to the Cooperative Science Museum, a representative noted that Senator
Hatfield's office has announced approval of a $153,000 EDA grant at Alton Baker
Park for the planetarium.
Mr. Murray moved seconded by Mr. Hamel to approve .allocations at the
level recommended by the Room Tax Committee for: Eugene Symphony, Lane
Regional Arts Council, Schola Cantorum, High School Forensics
Tournament, Oregon Wrestling Club, Chamber Music Series, and Cooperative
Science Museum Commission.
It was noted that approximately $4800 would then remain.
Mrs. Beal moved to amend the motion to add $4000 to the Eugene Symphony
Association allocation. Motion died for lack of a second.
Vote was taken on the main motion which carried, all council members present
voting aye except Mr. Haws abstaining.
Jim williams of the Center for the Performing Arts said he was under the impression
that Council would be receiving testimony and reviewing all proposals again. Mr.
Keller apologized for the misunderstanding, noting that the action taken was to
review all Room Tax Committee recommendations but not necessarily involve the
applicants.
Mr. Haws noted his intent to abstain from voting on this item.
e F. ~roposed Gar~age Rate Increase - Resolution distributed to Council listing changes
~n garbage p~ckup rates recommended by the Garbage Board. According to City
Auditor Greg Klimko, adjustments ropresent a 10 percent increase. An August 1
effective date had been suggested but, due to time factor for a public hearing,
Mr. Swanson of the garbage board felt there would be no problems with an effective
da te of September l.
If 05 8/9/76 - 19
Mr. Haws moved seconded by Mr. Hamel to tentatively approve the rates as Corom
proposed, effective September 1, 1976, and establish a public hearing for 7/28/76
August 23. Motion carried unanimously. Approve
.
Parks and Recreation Budget Adjustment - July 12 merro from Parks Director has
G.
been distributed to Council, noting adjustments in budgeting for other parks
programs that would allow keeping the $14,500 for the outdoor recreation
program previously cut by the Budget Committee.
Comm
Mr. Hamel moved seconded by Mr. Haws to approve the budgetary 1/28/76
adjustments as proposed. Motion carried unanimously. Approve
H. Amendments to Chapter 3, City Code Re: License and Charitable Solicitation
App1icati~ns
July 19 memo from Finance Director and ordinance distributed to Council explaining
that Section 1 would provide staff with the ability to deny a license if the
applicant refuses to submit data or provides false information. Section 2 would
help to resolve complaints about children being imported from other cities to
solicit for activities not benefitting the children of Eugene. Section 3 would
assist in determining if the applicant is an organization charitable in nature
and recognized as such. Section 4 would assist the Charitable Solicitations
Committee and departments in determining if solicitations are for charitable
purposes rather than pecuniary profit.
In answer to a question from Mr. Haws regarding schools, Finance Director noted Corom
that schools are not covered in this particular section. 7/28/76
Approve
Mr. Haws moved seconded by Mr. Hamel to tentatively approve the amendments
and set a public hearing for August 23. Motion carried unanimously. -
,r. Revised Proposed Amendment Procedure, 1990 Plan - July 22 memo and resolution
distributed to Council from Planning Department explaining that Springfield has
adopted a set of procedures that differs from those adopted by Eugene.
Springfield preferred and has adopted the procedure of an appeals board
composed of the Mayor of Eugene, the Mayor of Springfield and the Chairman
of the Board of the Lane County Commissioners rather than having LCOG arbitrate
when there was disagreement between Eugene, Springfield and Lane County on
amending the 1990 Plan.
Planner Jim Saul said staff recommends adopting the change adopted by Springfield.
Manager referred to the resolution which states that amendments to the plan shall
be forwarded to LCOG for ratification and incorporation into the metro plan.
He wondered if that is automatic to meet federal requirements.
Mr. Saul said that LCOG plays a vital function in development of the 1990 Plan.
More important, he said, is the fact that the county and cities have delegated
the coordinating function to LCOG under S.B. 100. Third, it ties LCOG to
adopting what the jurisdictions want rather than having each one adopt something
independently.
Comm
Mr. Haws moved seconded by Mr. Hamel to adopt the resolution amending 7/28/76
Eugene's Plan amendment procedure as proposed. Motion carried unanimously. Approve
J. Field Burning - Mayor Anderson announced that a lawsuit to block the State .
Department of Environmental Quality's enforcement of open field burning
acreage allotments has been filed by the grass seed industry. If successful,
the growers would be able to burn all of their registered acres - 95,000
over the current legal limit. Additionally, pressure will be reduced to build
8/9/76 - 20 t..{b(P
,
the mechanical field burner and it will put the burden on the state to attempt
to reinstate the provisions of SB 311 - the current open field burning law.
The grass seed growers will gain momentum to revoke SB 311 in next spring's
e legislative session. If successful, open field burning will persist for
many more years. Mayor Anderson believes the City should request the
court's permission to intervene on the side of the DEQ in defending against
the suit.
.ssistant City Attorney Stan Long said there are two courses the city
can take - request intervention as a permissible party or attempt
to appear amicus curiae. Either course requires applying for
permission to become involved. He believes the City should initially
pursue becoaring a party.
Mr. williams moved seconded by Mr. Murray that the Council Conun
authorize the City Manager and the City Attorney to look into 8/4/76
City involvement in the lawsuit and that if, in the wisdom of Approve
the city Manager, involvement is appropriate, authorize him to
enter on behalf of the City.
Mrs. Beal thought that action was too tentative and moved that
the City request the City Manager and City Attorney to intervene
in the case - as a party if possible, if not as amicus curiae.
Motion died for lack of a second.
Mr. Williams commented that his intent was to encourage staff to look
into the matter and proceed according to what appears in the best
interest of the City.
--
Vote was taken on the motion which carried, all council members
present voting aye except Mr. Bradley abstaining.
lC. Eugene Renewal Agency and Downtown Development Board Vacancies - with
the death of Harry Farrell, member of ERA and DDB, two appointments are
necessary. The renewal agency appointment process involves appointment
to be made by Council after review of the citizen interest forms on file
in the Manger's office. At present, there are ten such forms on file;
all applicants live in the city. Only two indicate the renewal agency
as first choice. The DDB appointment is to be made by the Mayor in
consultation with the Downtown Development Board. It was noted that
Mr. Farrell served as liaison between the two boards. If that liaison
is not continued by the appointee, then staff feels some present renewal
agency member should assume that role.
It was understood that applications would be opened up for Conun
the ERA vacancy with a deadline set for August 31. 8/4/76
Keller moved seconded by Mr. that a resolution be Approve
Mr. Murray
prepared on behalf of Council commending Mr. Farrell's
service to the community. Motion carried unanimously.
L.Eugene Bible College Annexation Request - The college has initated an
- annexation request with the Boundary Commission. Eugene Planning
Commission has preliminarily approved, and the Boundary Commission wishes
to consider the matter at their August 5 meeting. Mr. Saul, Planner,
mentioned that it involves 4.86 acres west of the present college
campus, south of Baily Hill, west of Warren. The purpose is to permit
'167 8/9/76 - 21
addition of a dorm and sports and recreation center area. The area
falls within the urban service boundary. Under the provision of state
law, the city is not required to hold a public hearing on this since
it has been initiated with the Boundary Commission. .
Mr. Keller moved seconded by Mrs. Bea1 to convey tentative
Council approval to the Boundary Commission. Motion carried Comm
unanimously. 8/4/76
Approve
M. Bradley Out of Town - Mr. Bradley will be out of town for the next two
weeks and will miss a Metropolitan Plan Policy Committee meeting. Manager
explained appointment of an alternate was necessary since one had not
been selected when the City's representative to MPPC was chosen.
Comm
Mr. Keller moved seconded by Mr. Haws to appoint Mrs. Bea1 8/4/76
as alternate. Motion carried unanimously. Approve
N.Liquor License Application - RMB - Additional Outlet at 2891 W. 11th
E & B Investors, Inc. Robert L. and Gail Bliss; L. J. Anderson
Comm
Mr. Keller moved seconded by Mr. Haws to call a public hearing 8/4/76
for August 23. Motion carried unanimously. Approve
O.State of Oregon Revenue Sharing - Proposed resolution has been distributed to
Council. The resolution supports League of Oregon Cities revenue task force
program for sharing of State of Oregon revenues. It is an LaC proposal which
has received approval of the interim committee of the legislature. Comm
8/4/76
Mr. Keller moved seconded by Mr. Murray to adopt the resolution. Approve
Motion carried unanimously. .
P. Tax Exemption for Rehabilitated 25-Year or Older Residential Property - Proposed
resolution has been distributed to Council, recommended by HCDC, for
establishment of standards and guidelines for implementation of state
legislation aimed at subsidizing rehabilitation of older housing
through a 5-year property tax exemption. Also recommended was
designation of HCC as supervisory department in administration of the
program. The resolution also seeks concurrence of School Districts
52 and 4J, that approval required by law. Mr. Murray felt that HCDC
should be assured some role in the development by way of comments on
proposed standards and guidelines.
Charley Kupper, HCC Director, referred to a staff report dated July 13,
indicating that 262-525 units in the city might be eligible for
rehabilitation. There is no in depth assumption as yet as to the financial
impact.
John Mills-Erickson, HCC, noted that a $100 fee based on inspection cost
is to be paid before rehabilitation work is done; therefore only those
highly interested in rehabilitation completion are considered. Manager
understands that the tax exemption applies to the change in value achieved;
it does not apply to the base value of the building.
Mr. Williams noted that the tax exemption is for code mandated improvements -
those necessary to conform to the building code. --
Mr. Keller moved seconded by Mr. Haws to adopt the resolution, changing Comm
Section 3 to include HCDC approval of standards and guidelines. 8/4/76
Motion carried unanimously. Approve
8/9/76 - 22 '-fo~
Q. Triagency Dog Control Authority Participation in Local Government
Investment Pool
Proposed resolution has been distributed to Council. Comm
- 8/4/76
Mr. Keller moved seconded by Mr. Williams to approve the resolution. Approve
Motion carried unanimously.
R. Shade Oaks Subdivision Water Extension Lawsuit - City Attorney noted that
an offer has been received from the defendants in that case. The sui t
to court August 9 and immediate Council action is requested. Mr. Corom
goes 8/4/76
Williams wondered if it would be appropriate to understand the nature of
the offer prior to making a decision. City Attorney preferred to discuss Approve
it in executive session.
Mr. Keller moved seconded by Mr. Haws to call an executive
session pursuant to ORS 192.660 (2) (a) and (b) to discuss
pending litigation at Noon, Thursday, August 5 at City
Hall. Motion carried unanimously.
Shade Oaks Water Extension Lawsuit - City Attorney explained that the lawsuit,
City of Eugene vs. Lane County Boundary Commission, is scheduled for trial on
August 9. Comm
Mr. Bradley moved and it was seconded that the Council instruct the 8/5/76
City Attorney to ask the court to postpone action on Eugene vs. the Approve
Boundary Commission for a period of time sufficient to evaluate an opinion
handed down in a recent Supreme Court case. Motion carried unanimously.
S. Council minutes - May 10, 1976 as circuIted Approve
e
T. Council Election Process - Mr.
Hamel expressed concern with the majority
vote requirement being considered in the Charter revision, feeling that
to require a candidate to spend time and money On a runoff election is
not warranted in a non-paying job. He would like council discussion of
the issue.
Comm
It was understood that this and other items would be discussed 7/28/76
at the August 4 Committee of the Whole meeting and that this Affirm
item would also be discussed with the EWEB Board.
V. Hearing Panel Report - August 2 - Manager announced postponement of the Comm
8/4/76
hearing at appellant's request (since rescheduled for August 30). Affirm
v. Franklin Blvd. V-Turn Prohibition - Mr. Keller expressed appreciation to
staff for efforts in having V-turn prohibition signs removed On Franklin Comm
Blvd. The action followed July 21 Council discussion of a petition by 7/28/76
business owners on Franklin, protesting the State law regarding V-turn File
prohibition at lighted intersections on State highways.
Comm
W. Parks Move - Manager announced the July 23 Parks Department move to City 7/28/76
Hall II at 858 Pearl. File
x. Northwest Expressway - Mr. Murray referred to a memo received by Council
from the Traffic Engineer in answer to an earlier request from Mr. Murray
,_ for information on the impact of any extension of the Northwest Expressway.
He was unclear as to the long-term plan involved. Public Works Director
Don Allen explained that the project is a part of the State Department of
Transportation program; work will commence in the 1977-78 budget year,
preceded by a series of hearings and preliminary design. The county will
LfoCj 8/9/76 - 23
-
be in charge of the project and Mr. Allen understands the southern terminus
will be at River Road, connecting to the already completed portion. Mr.
Murray wondered about the impact of the extension on the River Road-Blair
area and felt it would be appropriate for Council to have progress reports -
to enable them to make comment as plans develop. Mr. Allen noted that the
technical planning committees include City staff representatives who would
alert Council to anything significant.
It was understood that Council would receive periodic progress Comm
reports on the development of the Northwest Expressway extension. 8/4/76
File
Y. Fairmouht Neighborhood Street Closure Request - Council has received a
letter from the Fairmount Neighbors regarding denial by the city of their
request for a street closure for social activities. Mr. Murray agreed with
the intent of the letter, feeling there should be more flexibility on requests
for street closures for neighborhood functions. Mr. williams does not Comm
sense that the Council is opposed to the concept; the inherent problem, he 8/4/76
said, is that closure carries the liability with it should any accident File
occur.
Assistant City Manager noted that, if such street closures are endorsed,
that endorsement carries with it the attendant liability. Should such
activities be conducted without permission, then upon complaints or problems
arising the ordinance would be enforced. Mr. Murray felt that rationale
should be communicated back to the group, and Mrs. Shirey feels the whole
concept of block parties and street closures should be reviewed.
Z. Parks 1972 Bond Issue Report on Land Acquisition - Report was distributed
to Council. Mr. Haws wondered why it took four years to expend the
funds. Parks Director Ed Smith explained that the bonds were not sold --
until 1973 and much of the total program takes some time; one person
conducts most of the acquisition program plus there are various problems
with land acquisition as well as scheduling of funds. Comm
8/4/76
AA. Public Improvement Projects - Information report on current Public Works File
improvement projects was distributed to Council. Manager noted that there
are about 100 separate projects in this year's program. Also, as of July
31, 924 new dwelling unit permits have been issued - 428 of those are for Comm
single-family dwellings; another 100 are for mobile homes with the remainder 8/4/76
for multi-family dwellings. File
BB. Parks Quarterly Report - Report was distributed to Council for informational Comm
purposes. Staff hopes to have all departments on a somewhat uniform 8/4/76
quarter ly reporting system for benefi t of management and Council. File
A (b) Room Tax Allocation Procedure Sub-Committee - Mr. Keller announced that he, Comm
Mr. Haws and Mr. Murray would serve on the subcomnittee to study room tax 8/4/76
allocation procedures. Approve
CC. Charter Revision Review - 7-28-76 draft and subcommittee reports have been
distributed to Council. Reference was made to Section 15 on Council Immunity, Comm
which says that no council member may be held liable or questioned in any 8/4/76
other place for words uttered in Council debate. The wording, according to File
Orval Etter, City Attorney's office, has been traditional. There is
considerable immunity from Council members being sued or compelled to
testify about what they say in the course of deliberations of the legislative .
body. Mr. Etter felt the immunity would cover Council meetings, Committee
of the Whole meetings and subcommittee meetings authorized by Council to do
its work.
8/9/76 - 24' '110
-
Mr. Williams wondered if the language would appear to preclude a Council
member appearing in court to discuss what happened at a council session
involving quasi-judicial functions. Mr. Long said that, for a number of
e reasons, that will not occur. A writ of review would be proper action in that
instance and it would never involve testimony by council.
Council has received a memo dated August 4 from the Library subcommittee with
regard to appointment of the city librarian and suggested rewording of
Section 7. Mr. Williams wondered if the language as drafted would preclude
the Manager from appointing a librarian pro tem, absent a city librarian.
Mr. Etter said the language as drafted would bring the appointment under
the complete prerogative of the City Manager.
Assistant Manager said that the present charter refers only to the library
board's appointing the librarian. Other actions of the library board
were controlled by state law. The draft indicates that powers and
responsibilities of the library board is a matter to be developed by ordinance
form or under state law, whichever council chooses.
Mr. Williams stated Council should understand that there were no clear
directives emerging from the subcommittee session with the library board.
He feels the library operation should come under the purview of the manager
and that the library board should perform an advisory function.
Manager felt the direction given was that the Board be included in the charter.
Mr. Etter explained that state statutes now authorize a council to prescribe
the library board role. He feels any needed changes here could be effected
by ordinance. If reference to the librarian is eliminated from the charter,
- council could change the setup subject to the requirement in the charter that
employees of the city be appointed by the city manager. There would be no way
for council to take away the library appointment from the manager. Under the
revised wording submitted, Manager would appoint the librarian but would be
limited to appointing someone recommended by the library board. Mr. Williams
said his perception of the outcome of the subcommittee meeting was that the
charter provision would stipulate the library as part of the city and an
ordinance giving rules and procedures by which the library board would operate
would be drafted, with council making a moral commitment to adopt that ordinance
at some future time. Mrs. Beal said it was her understanding that the city
manager would be responsible for appointing the librarian but that the
appointment by the manager should be subject to the approval of the library
board.
Mrs. Beal moved seconded by Mrs. Shirey that reference to the library
as a separate entity with powers and responsibilities be deleted from
the charter and that operation of the library board and its relationship
would be handled by ordinance at some future time. Motion carried
unanimously.
Sections 43 and 44 on EWEB remain the same.
Section 24 - Page 5 (Vacancies - Filling) was the point of much discussion
at the EWEB/Council subcommittee meeting and the draft remains unchanged.
e Mrs. Beal, subcomnUttee member, said she is not sure Council would want the
EWEB board to fill its own vacancies. Mr. Williams said he had a problem
with Council filling vacancies for appointments made by the public. Mr. Murray
believes Council should fill those vacancies, as the primary political body
of the City. Mr. Haws feels the real issue is whether EWEB board members
Jf I( 8/9/76 - 25
should be elected or appointed by the Council in the first place. Mrs. Beal
feels'the original charter wording should be left in tact, which provides that
Council shall fill vacancies on the EWEB board.
Mr. Keller disagreed feeling that, since EWEB has its own financial structure -_
and provides a significant service to the community and since they are elected
by the public as is the Council, they should fill their own vacancies as does
the Council.
Mr. Etter related that the original charter amendment calls for the EWEB
members to be appointed. In research, "appointed" is broad enough to include
popular election, he said. The charter provides for vacancies in elective
office to be filled by appointment and in that context appointment is
considered different than popular election. He said the EWEB counsel
feels that a 1949 charter amendment vests the EWEB board with all
powers previously covered by ordinance but he believes the existing
charter clause on the filling of vacancies by council supersedes the
ordinance saying EWEB can fill its own vacancies.
Mrs. Beal suggests letting the existing ordinance prevail, with a change
in the future if the existing wording is found to be impractical.
Mrs. Beal requested a memo from Mr. Etter giving old charter wording and
pointing ,out any pitfalls and/or benefits.
Mr. Keller moved seconded by Mr. Haws to continue the Committee
meeting to August 5, 12 Noon, McNutt Room, City Hall (at the
conclusion of the executive session). Motion carried unanimously.
Charter Revision Review - Council was provided with a memo of August 5 from the it
City Manager discussing staff level negotiations on the charter and identifying
the tradeoffs regarding the City's relationship with EWEB. Corom
8/5/76
In reviewing the memo, Manager pointed out that EWEB's electric utility is File
subject to state regulations, agreements with revenue bondholders, etc. The
language in the charter draft clarifies that EWEB has a responsibility for
operating its own electric utility. On the water utility, the most important
conclusion reached was that, as :a general purpose government, the city should
have control over the water extension policy and its relationship to the general
plan. ,To that end it was agreed that that proviso would be in the charter. On
the question of appointment powers, the historical practice of EWEB filling
its own vacancies was suggested in the memo. There are differences between
the City Attorney's opinion and EWEB on this matter, but it was felt that any
resolution would require litigation.
EWEB currently pays $1,200,000 to the city in lieu of taxes, which is 6% of
the gross receipts rather than the 3% minimum required by state law. Whether
there should be any change should be a matter of mutual agreement between
Council and the EWEB Board, Manager said.
It has been agreed that the city would have the right to negotiate the use of
the public rights of way.
Finally, staff feels there is much to be lost in getting into the appointment
powers and possibly creating a schism between the two elected bodies. e
John Tiffany, Chairman of the EWEB Board, said he thinks both Council and EWEB
recognize the desirability of cooperation. He feels the compromises in the July
28 draft .of the revised charter have indicated a willingness to work together.
8/9/76 - 26 y, "
Of concern is the changing of any EWEB powers. Throughout their 60-year
history, they have had a fine working relationship with the financial community.
He is concerned that the Council not upset this relationship; an upset could
e be very costly both to EWEB and the City. A drop in confidence in EWEB could
relate to a drop in their bond rating. The EWEB counsel has reviewed the charter
draft, said Mr. Tiffany, and they find it entirely acceptable. EWEB does,
however, take issue with the appointment process. The Board members have been
elected over the years, with appointments to fill vacancies being made by them.
They would like to continue that procedure. As Mr. Tiffany sees it, there are
three options - continue on the same basis, adopt the new charter as drafted,
or put the issue before the people. He would hope Council chooses to continue
the present practice as covered by the proposed revision.
Mayor Anderson commented that he hoped Council would realize the importance
of the gains made in negotiations that have taken place. He doubts the
constituency would stand for too great a change at this point.
Mr. Haws said the only real issue is whether to change the original wording
on the filling of vacancies. Assistant City Manager noted that staff has
tried via the memo to resolve ambiguities about which both agencies had
reservations. EWEB has given up some of its power over the water utility
and has asked the city to continue its original practice on appointments.
Mr. Haws felt then that the items in the memo should be accepted, with the
appointment provision being a separate ballot item. Mayor Anderson said that,
if it were voted on separately, then it would follow that all changes to the
charter should be voted on separately. All that is being attempted here, he said,
is to align practice and procedure with the charter revision. Mr. Haws commented
that any compromise the city makes with EWEB is one thing, but a compromise
- made with voter rights is something else. If there is a substantial change
in those rights, it should be voted on by the people.
Mr. Keller moved seconded by Mr. Williams to accept the language as
submitted in the July 28 charter draft relative to filling EWEB
Board vacancies.
Mr. Williams felt the question is whether Council should control another
elected entity. If they desire to do so, that issue clearly is the one to
be presented to the voters.
Mrs. Beal felt the simplest thing to do would be to return to the voter the
original wording under which the city has operated, with no changes made
in the existing language unless and until Council chooses to undo what it
did 60 years ago.
Vote was taken on the motion which failed, Mrs. Shirey, Mr. Williams
and Mr. Keller voting aye and Mr. Haws, Mr. Murray, Mr. Bradley and
Mrs. Beal voting no.
Mr. Bradley wondered if there was any sentiment that the EWEB Board be
elected, with the vacancies handled by appointment by Councilor by the Council
and EWEB Board.
As Mr. Haws understands it, Council should accept Chapter 10 on Public utilities
- as a reasonable compromise and then come back with a concept of how EWEB
board members should be selected. Mr. Williams stated that, if the previous
language is used, it necessitates putting into the charter all the bond issue
language. That language bears specifically on the question of whether EWEB
operates under the charter or under ordinance.
J-j/3 8/9/76 - 27
...
Mr. Etter did not get the impression that Mrs. Beal's intent was to restore
the language of a considerable number of bond issue authorizations. Mr.
Williams understood her intent as operating before with no changes. Mr. Murray -
regards Mrs. Beal's intent as "do nothingism", and Mr. Keller said that, if
EWEB is to ,be left as it was originally, all factors assisting them in that
function should be left in the charter as well.
As Mr. Etter interpreted the conversation, he thought Mrs. Beal's intent was
to retain the present wording of the section dealing with the mode of filling
vacancies and that the revised charter retain also at least a part of old
Section 112. He would be glad to suggest how those two sections would read.
Mr. Tiffany said that EWEB and City staff had reached agreement. If a
portion of that agreement is breached, all of it is. EWEB has looked
at the powers of appointment and election as an important, unseverable
practice. It has been their position that, when the Board was founded, a
separation between Council and EWEB was intended. He feels this step
(retaining language of the original charter) is the first toward political
control and, speaking for EWEB, he opposes it.
Mr. Murray moved second by Mr. Hamel to reconsider Item CC - Charter Revision
with regard to EWEB amendment. Motion carried unanimously.
Mr. Murray. moved second by Mr. Hamel to accept the original staff recommenda-
tion with regard to EWEB (clearly providing for election of Board members and
filling of vacancies by the Board itself). Motion carried unanimously.
Mr. Haws moved second by Mr. Williams to approve, affirm, and file as --
noted Items A through CC, nO,ting separate action taken on portion of
ItemCC. Rollcall vote. Motion carried, all Council members present
voting aye, except Councilman Haws abstaining on Item E.
I II - Ordinances
Non e
IV - Resolutions
Resolution No. 2543 - Authorizing conveyance of properties along SCS channel
west of Norkenzie Road, north and south of Flintridge,
to owners of abutting properties was read by number and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No. 2544 - Amending Resolution 2458 (11/24/75) re: 1990 General Plan
Amendment Procedure to provide for arbitration of disputes
by Appeals Board (Eugene and Springfield mayors and County Commission chairman)
rather than LCOG Board was read by number and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No. 2545 - Commendation: Harry Farrell was read by number and title. e
Mr. Haws mov~d second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
8/9/76 - 28 I1\~
Resolution No. 2546 - Supporting League of Oregon Cities Revenue Task Force
program for sharing State of Oregon revenues was read by
It number and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No. 2547 - Adopting state law re: Tax exemption for rehabilitated 25-year
or older residential housing, designating HCC as supervising
department, and directing preparation of standards and guidelines with involvement
of HCDC, was read by number and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No. 2548 - Authorizing Triagency Dog Control Authority participation
in local government investment pool was read by number
and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
Resolution No. 2549 - Authorizing payment of bills, claims, and progress payments
for period .July 26 through August 9, 1976 was read by
number and title.
Mr. Haws moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion
carried, all council members present voting aye.
-- /
Upon motion duly made, seconded, and carried, the meeting was adjourned to
Monday, August 23, 1976.
~ 2
Charles T. Henry
City Manager
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~/5 8/9/76 - 29