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HomeMy WebLinkAbout10/11/1976 Meeting M I NUT E S EUGENE CITY COUNCIL . October 11,1976 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 October 11, 1976 in the Council Chamber with the following Council members present: Gus Keller, Eric Haws, Wickes Bea1, Tom Williams, Neil Murray, Ray Bradley, D. W. Hamel, and Edna Shirey. ' I-A-I I - Public Hearings A. Liquor Licenses - New outlets 1. Sundance Natural Food Store, 748 East 24th Avenue - Package Store Anthony and Judith Stahelski 2. Oakway Wine & Deli, 305 Oakway Mall - Package Store Oakway Wine & Deli, Inc. (Michael, Elizabeth, Robert Horne; Donald and Joyce Baker). Comm Mr. Keller moved seconded by Mr. Haws to call a public hearing 10/6/76 on the two applications for October 11. Motion carried Pub Hrng unanimously. 1. Sundance Natural Food Store, 748 East 24th Avenue (PS) Manager reviewed OLCC report which indicated that of those in the neighborhood interviewed, there were nine not objecting to the proposed establishment, one was noncommittal. Staff had no objections. . Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Haws to recommend approval. Motion carried unanimously. 2. Oakway Wine & Deli, 305 Oakway Mall (PS) Manager reviewed the OLCC report which indicated of those interviewed in the area, no one objected to the establishment. Staff had no objections. Public hearing was opened. Doug McKay, operator of the Oakway Mall, was in favor of the application and said the outlet would occupy a new building in the Mall for which a building permit had been applied. Public hearing was closed, there being no further testimony presented. Mr. Keller moved second by Mr. Haws to recommend approval. Motion carried unanimously. B. Planning Commission Recommendations - August 3, 1976 1. Code Amendment re: Fences and walls located in front yards in residential districts Manager explained the proposed amendment was the result of many requests coming to the Zoning Board for variances. It would tend to reduce the number of appeals and make the code more in line with desires of the community. He cautioned that the provisions should be carefully considered since they would affect front yards e throughout the city as a whole. I-A-2 Gary Chenkin, assistant planning director, said that fences and walls now are allowed in front yard setback areas to a maximum height of two and a half feet. A maximum of six-foot height is allowed if a fence is located in other than a front yard. He s~id that because of these regulations the Zoning Code Board of Lf1C, 10/11/76 - I Appeals had received numerous requests over the years for either waivers or vari~nces, mostly where corner lots were concerned, because of the difficulty e to o~tain privacy where a rear yard is open to two streets. Mr. Chenkin ex- plained that the proposed amendment would provide for an administrative process - rather than the more formal process now in effect, that is, the building in- spection superintendent would grant a request instead of going through the ap- peal,process to the Board of Appeals and the Council. He explained details of the amendment as shown in the Planning Commission official report of August 3, 19761 (copies previously distributed to Council members) and said that staff thought adoption of the amendment would probably result in construction of better quality fences in general because a building permit would be required. The proposed process would also relieve the Zoning Board of a good deal of "traffic," would expedite applications, and would allow more flexibility where private outdoor living space was desired. Public hearing was held with no testimony presented. In response to Councilman Haws, Mr. Chenkin said that 66% of the applications for variances from regulations governing fences or walls in front yards involved corner lots; the rest were on interior lots where people were wanting to build to more than the regulation height. Counl'ilman Murray raised a question about the wording' with regard to the height of fonces allowed "... up to six feet...." He thought the wording should be more precise, that perhaps it would be better to say fI...at least six feet...." He also "asked the reason for the six-foot setback along at least half an affected lot frontage. Mr. Chenkin said the precise language was reviewed by the city atto~ney and was similar to the present code language. He said it would be e checked to determine whether there would be problems with the proposed wording. ~ Gene Haxton, zoning administrator, said the six-foot setback requirement would apply only in the waiver process and was retained so as not to deprive appli- cants of space they may wish to develop. In further explanation, he said a IS-foot setback is now required for any fence over 30 inches high. He agreed with Mr. Murray's assessment that it was primarily an aesthetic consideration, landscaping was more important for the owner wanting a fence of wall over the regulation height. Councilman Haws expressed disappointment at lack of public input. He asked whe- ther !the neighborhood organizations had been contacted in this regard and whether there was any response. Mr. Chenkin'said the neighborhoods had been contacted and although two or three made suggestions which were incorporated into the proPQsed amendment, there were none opposed to the concept. Manager said he thought the acceptability of this amendment would depend upon the way it was administered. He recognized the "bombshell" effect if six-foot fences were allowed in front yards on block after block of streets in areas where there were large expanes of front lawns. Discretion and judgment in ad- ministration of the proposed code change would be necessary. Council Bill No. 1254 - Amending City Code re: Fences and walls in front ayrds in residential districts was read qy council bill. number and title only, there being no Council member present requesting that it be read in full. e Mr. Keller moved second by Mr. Haws that the bill be read the second time by '- council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill;was read the second time by council bi 11 number only. 10/11/76 - 2 Lf11 Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, except e Councilman Haws voting no, the bill was declared passed and numbered 17769. 2. Proposed change in traffic flow a. On Alder to one-way southbound from 11th to 18th b. On 11th to two-way from Kincaid to Hilyard Manager explained that the changes, particularly those on Alder and 11th, were proposed to improve traffic flow and make distinct improvement in bike paths to more safely move pedestrian, vehicular, and bike traffic. Al Williams, traffic engineer, said the plan presented for Alder/11th was a compromise coming from a number of meetings with Sacred Heart and others in the business community in that area as well as the West University Neighborhood group. Staff felt the proposal would work effectively for all; it would extend the present southbound one-way system on Alder, between Broadway and 11th, all the way to 18th, with parking between 11th and 13th in order to allow bike lanes on both sides for that distance. Traffic Engineer explained details of the change,' including the change to two-way on 11th between Kincaid and Hilyard to facili- tate general traffic movement in that vicinity. I-A-3 Public hearing was opened. Speaking in favor of the plan were Thorn Chambliss, 1510 Mill Street, chairer of WUN; Ruth Bascom, 2114 University Street. Mayor's bicycle committee chairer; a Mr. Starkweather, 2173 Alder Street; Clark Cos, Jr., 1085 Patterson Street #9. The thrust of their testimony was that the proposed change would improve traffic . movement by relieving congested conditions and at the same time provide safer bike accommodations. Iva Parker, 2990 Pearl Street, commented on problems encountered now with lack of traffic movement in the alley near Sacred Heart Hospital where delivery trucks block the way for extended periods of time. He said the proposed change to one-way traffic on Alder would only worsen that situation as well as heighten the existing dangerous movement through the intersection at 11th and Alder. Mary Clerin, 2992 Pearl Street, was also concerned about the safety aspect, particularly in terms of bicycle vs. automobile movements. Neither did she think the width of Alder Street was sufficient to accommodate a safe bicycle path and at the same time accommodate two lanes of auto traffic and parking. Tom Slocum, 2125 Fairmount Boulevard, expressed concern about the change to two- way traffic on 11th between Hilyard and Alder, saying that existing problems with egress and ingress for the medical clinic on the south side of 11th would be worsened - eastbound traffic backing up at the Alder intersection light would complicate an already difficult egress situation. Mr. Slocum suggested that the change, if it is made, be on a temporary basis to determine the effect before it is made permanent. With the amount of traffic entering 11th from Franklin Boulevard, he said, it wouldn't seem that removal of the westbound lane would be of benefit. He commented on the vacation of the alley near Sacred Heart and the agreement between the Hospital' and the city with regard to land in that area, saying that he didn't want to sell any of his property because of lack of space now for parking. He reiterated that the proposed change would adversely affect - the existing traffic situation in the 11th and Alder area, and he urged a temporary change only until the ffect of such a change was known. Public hearing was closed. there being no further testimony presented. ~78 10/11/76 - 3 In response to comments made, the traffic engineer said it was a case of watch- ing what occurs; he felt the change would not be "as bad a job" as many of those commenting thought. With regard to the alley near Sacred Heart, he veri- fied Mr. Slocum's statement about a city/hospital agreement on land in that area ~ and said this change may be what would "trigger" that agreement. He added that - there' had been several requests from commercial interests in that area for a one-way alley system but so far nothing had developed in that regard. Traffic Engineer continued that the width of Alder Street south of 13th was considered adequate for autos traveling at speeds of 25 to 30 mph. Also, the six-foot bike lane was considered adequate. With regard to the two-way traffic on 11th, he said the proposal calls for a left-turn westbound movement at Alder to eliminate any potential backup from that location. Councilwoman Shirey asked how permanent this change would be, what expense would be involved were the change made and reversed at a later date. Traffic Engineer said the. expense to reverse the change once it is made would not be small be- cause quite a bit of lane removal is necessary. Equipment is already on hand for the signal changes, he said, so the major cost would be labor costs for changing the lane lines. Resolution No. 2566 - Changing traffic flow on Alder Street to one-way I-A-4 southbound from 11th Avenue to 18th Avenue was re~d by number and title. i'oT. Keller moved second by Mr. Haws to adopt the resolution. Motion carried unanimously. Resolution No. 2567 - Changing traffic flow on 11th Avenue to two-way from Kincaid Street to Hilyard Street was read ~ by number and title. ., Mr. Keller moved second by Mr. Haws to adopt the resolution. Motion carried unanimously. c. On east/west alley to one-way eastbound between VanBuren and Jackson, I-A-5 3rd and 4 th Traffic Engineer explained that the change was proposed by a business owner in the area and agreed to by a majority of the property owners contacted. Staff had no objections and recommended the change because it would provide a safer traffic entry to a blind intersection. Public hearing was held with no testimony presented. Resolution No. 2568 - Changing traffic flow on east/west alley to I~B-l one-way eastbound between VanBuren Street and Jackson Street, 3rd Avenue and 4th Avenue was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution.. Motion carried unanimously. C. Improvement of Highway 99N from Roosevelt Boulevard to Barger Drive (continued from September 20, 1976) Public Works Report on Highway 99 Improvement - Assistant Manager distributed _ the Public Works report to Council to review before further discussion of the matter . at the October 6 Commdttee meeting. The report addresses questions raised in Mr. Rick Cleveland's report distributed at the September 20 Council meeting. Comm 9/29/76 Pub Hrng 10/11/76 -4 l\1 q Response to "Citizens 99 North Presentation" - Memo from Public Works Department has been distributed to Council urging approval of the project; a report relating to the median question has also been distributed. Further discussion is e scheduled for the October 11 Council meeting. Traffic Engineer A1 Williams explained that staff is strongly encouraging approval of the project. As to the median, there is no way to answer all questions regarding the desirability of the median from a safety standpoint. The issue really revolves around the aesthetic value. The median question does not have to be resolved immediately, traffic engineer pointed out. Council is urged to direct Public Works and Parks to work jointly with the State Highway Department and, if the median question is resolved affirmatively, to present options to Council later. He did say that, if the median is built, it should be included in the project now so as to avoid loss of funds. Traffic Engineer pointed out that the project is not dealing with the same level problem that existed on Barger and Royal where there was an obvious safety hazard. One common threat, as in all improvement projects, is total opposition to the assessment procedures. He said Council should recognize too that, in order to reach the POlicies set forth in the Community Goals, ESATS, 1990 Plan, Bikeway Plan and Bethe1-Danebo Refinement Plan, projects like this one must be completed. The cost of this project is not out of line comparatively speaking, he added. In answer to a question from Mr. Haws on the possibility of the state's paying Comm for ~ , Mr. Williams said the State has never participated in the building of 10/6/76 curbs, gutters and sidewalks, or any additional roadway necessary for other Pub Hrng mol:, -; of transportation such as pedestrian and bike. Manager noted that staff rebuttal to citizens' objections to the project had been e distributed previously to Council members. Staff also had explored the possibility of a partial median strip, he said. Traffic Engineer referred to information previously distributed to Council members and said the staff had taken a more positive stance on this project than some others because the work was felt to be necessary. He read a prepared statement stating the public works staff position. Benefits, beside the aesthetic value, would be improved access and control, in line with General Plan and community goals, the bike master plan, Bethel-Oanebo plan, etc. , to facilitate movement for all modes of transportation- auto, bicycle, transit, pedestrian. He compared costs of the proposed project to similar improvements on Barger Drive, Royal Avenue, South Willamette, 11 th between Seneca and Bailey Hill and further west, quoting an estimated per-front-foot price of $32.00. With regard to medians, he said they were a safety factor for pedestrians crossing at locations other than intersections and were considered official State Highway requirement. Staff recommended serious consideration of proceeding with the project with the option of resolving with the State, at staff level, the question of the raised divider, staff to bring back at least two options and at that time proceed with a public hearing to determine whether it would be installed. Traffic Engineer said such options could he brought back for public hearing and a decision in time for the median to be included in the project contract if it is decided to go ahead. lie reiterated that staff strongly recommended proceeding with the improvement; it was felt justified because it would improve the flow and safety of traffic, drainage, provide definite areas for bikes and bus loading stations, besides encouraging the use of bikes and buses, and improve the appearance of a major entrance to the city. -_ Jane Giustina, 975 Oak Street, speaking for Citizens Bank, asked that the question of the median strip be resolved before the project proceeds so that the businesses along I-B-2 Highway 99N would have equal treatment so far as access was concerned. If it was not resolved, she thought a public hearing should be held to afford those business people an opportunity to speak to the issue. Ms. Giustina continued that it was her under- Lf,80 10/11/76 - 5 standing that aesthetic value was one of the benefits of the project, yet she had heard of no proposal to put the overhead wires underground, That should be considered now rather than after the improvement work is done, she said. Traffic Engineer . answered that EWEB would consider underground installation if property owners were willing to pay the costs. There was no overwhelming support of that, he said, and sug- I-B-3 gested the issue be taken up with EWEB. Bob Hannigan (unidentified) stated his objections by questioning staff's auto count I-B-4 on Highwayl99N on which the need for the improvement was based. He also questioned staff response with regard to possibility of an alternate bike route - ". ..the rail- road wasn't interested..."-as well as the bike count. He quoted bike counts taken by other than staff and said the estimated cost of the project in his mind did not justify "continuing the status quo" for traffic movement, both auto and bike. To expend the funds would be foolish, he said, until such time as use of bikes and traffic count forcasts w~rrant such an improvement, especially one that would not change the existing number of traffic lanes. He felt the need would be questionable for the next five years. With regard to curbs, gutters, and sidewalks, he said he would not contend they were not needed;' but he felt there should be no new development on that street allowed un- less curbs, gutters, and sidewalks were included as a part of the development. At this time, he said, there was no demand for such items. With regard to beautification, Mr. Hannigan continued, the staff had indicated the major objective.of the improvement was for safety, drainage, traffic flow. If that was the case, he asked, why not make more room for traffic flow - the proposed im- provement would retain the present two lanes. He said those attending meetings with regard to the project were predominantly opposed to the work, and he didn't think the proposed expenditure was needed for the amount of work that was proposed. He said the city would not lose the federal funds if the project was not done now, as stated by staff, because the money could be used on other projects. Anyway, he said, e if funds are not available now, should the project be dropped, that would not pre- clude funds being available at some future time. With regard to assessments and staff comment that owners of abutting property would be paying for something less than a 44-foot paving, Mr. Hannigan asked the Council to consider the "adequate roadway" already in place for which property owners have already paid either through taxes or land acquisition. In summation, Mr. Hannigan.reiterated his belief that the amount of money proposed for this improvement was far in excess of the work needed in that area. Jim Watters, 734 Highway 99N, pointed to the increased traffic generated by develop- I-B-5 ment in outlying areas and said he thought the money would be better spent on increas- ing the number of good travel lanes, acquiring additional right-of-way for that purpose if part of the right-of-way was to be used for bike and pedestrian traffic. Margaret Hedrick, 1325 Andel Avenue, owner of property abutting the proposed improve- ment, felt the need had not been shown for the improvements proposed, that it was not a logical or practical proposal, and that it would be an overwhelming burden for prop- erty owners who would be assessed. She thought there. might be a need in the shopping areas for some additional control to facilitate pedestrian crossing. Other than that, she felt the project would be turning a heavily traveled highway into a "community boulevard ~, Public hearing was closed and a short recess was taken. I-B-6 Upon reconvening, Al Williams, traffic engineer, answered questions raised. He said e staff traffic cQunts indicated 26,000 vehicles per day between Barger Drive and Prairie Road on Highway 99N. With regard to storm drainage, he said, the major cost would be involved in getting rid of the open ditches north of Fairfield. State Highway staff 10/11/76 - 6 l.\~\ consistently has held to a 10-foot shoulder width over and above the two travel lanes, so the cross-section of the roadway would be the same with or without bike e paths. In addition, the proposed width would provide the potential for acceleration lanes. He said he had hoped the accident rate would not be made an issue. However, he cited the 121 nonintersection accidents in the period from 1971 to 1975. Traffic Engineer continued with regard to funding that outside, or federal, funding - that is, other than assessment - was not relevant unless the Council were to change the assessment policy. Concerning bike usage, Traffic Engineer reiterated the posi- tion that provision of bike facilities encourages use of bicycles. And safety of bikes on this type of road was certainly pertinent, he said. He pointed out the understanding that costs of improvements on this roadway in the past would have been met by gas tax funds. Access control and safety, according to the Highway Users Federation Report of 1970, he said, was three times safer with effective right-of-way and traffic access control in commercial areas. Future need for increasing capacity of the street would not be precluded by the proposed cross-section because the dis- tance between the curbs would be adequate if the bike lane was deleted. This estimate was based on criteria in ESATS update discussions; and, with Coburg Road carrying in excess of 40,000 cars perday, the proposed cross-section for Highway 99N was belt adequate. Traffic Engineer commented that it appeared pertinent to again address the median quest!.on. The process outlined by staff, if approved by the Council, he said, would be rpturned with at least two options - either a fully raised divider or a combina- tion of two-way left turn lane and raised divider at appropriate locations _ in time for consideration before a second public hearing on the project at time of contract award. That process would assure resolution of the median issue before the project design was finished so that whatever choice is made could be included in the final e design if the Council chooses to proceed with the project. Traffic Engeiner strongly urged that process be followed. Mayor Anderson suggested no questions with regard to the median at this time, rather to address only the question of whether the project would proceed. If that decision was affirmative, he said, then the question of the median would be taken up. Councilman Bradley asked if there were alternatives other than Highway 99N for bike traffic traveling north from Roosevelt to Fairfield. Traffic Engineer answered that the bike committee, in considering the Master Bike Plan, had looked at the possi- bility of utilizing the Burlington Northern right-of-way with the conclusion that even if the right-of-way could be secured, there was the question of whether it would be adequate. He said the Master Plan does call for a bike faci 1 i ty on Highway 99N, also on Bethel Drive itself to take movements from about Bethel and 99N. Over the long haul, he said, a facility might have to be requested on the railroad right-of-way, but even with that possibility, the proposed cross-section for Highway 99N improvement would still be the same; therefore, the assessment cost would still be the same based on present city policy. Council Bill No. 1247 - Paving Highway 99N from Roosevelt Boulevard to Barger Drive (617) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by - council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. II -A-l Councilman Haws noted that the project was in his ward and that basically the proposal was the same as for any other street in the city - either it is improved or it isn't. L.f8~ 10/11/76 - 7 After review, listening to testimony, and discussing the issue with various people, he said he had decided to vote for approval of the project. Councilman Williams noted his intent to abstain from voting because of his interest . in Citizen's Bank and the position taken by the Bank at this meeting. Councilman Bradley asked if staff had given any thought to installation of sidewalk on only one side of the street, whether pedestrian traffic warranted installation on both sides. Traffic Engineer answered that it was discussed with people in the staff meetings in the area and debated "quite a bit." However, conclusion was that installa- tion on one side only would not be "good engineering" based on what is there now. Because of changing land use and developments going in on the east side of the street plus anticipated increase in development, installation on both sides was felt justified. Even if one side was deleted, he said, the cost of installation on one side would be assessed equally to both sides so the cost savings per front foot would not be much. Vote was taken on the motion for second reading. Motion carried, all Council members present voting aye, except Councilman Williams abstaining, and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declareJ passed and numbered 17770, Councilman Williams abstaining. Couno 1 Bi 11 No. 1248 - Adopting plans and specifications for paving Highway 99N from Roosevelt Boulevard to Barger Drive was read by council bill number and title only, there being no Council member present re- questing that it be read in full. e Mr. Keller moved second by Mr. Haws that the bill be read the second time by - council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only, Councilman Williams abstaining. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council -members present voting aye, the bill was declared passed and numbered 17771, Councilman Williams abstaining. Council Bill No. 1249 - Sidewalk on Highway 99N from Roosevelt Boulevard to Barger Drive was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only, Councilman Williams abstaining. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17772, Councilman Williams abstaining. " Mr. Keller moved second by Mr. Haws that staff bring at least two options back to the Council with regard to the Highway 99N median somewhat prior to the public hearing on the contract award so that e whatever decision is made can be included in the final design and project bid. Motion carried, all Council members present voting ~ aye, except Council Williams abstaining. 10/11/76 - 8 l1g3 D. Collective Bargaining Ordinance - Collective Bargaining Ordinance - Hearing Date__ - Memo from City Manager, together with a legislative history and the proposed ordinance, have been distributed to Council. Personnel Director Gary Long said that, since informal presentation of the ordinance to the Council August 16, the City Attorney's office has made editorial changes but the purpose and intent of the August 16 version were maintained. Concerns have been expressed since the distribution to Council this week regarding the status of recognized units and bargaining agents and regarding the cost of hearings officials. It is the intent that the hearings official costs, fees, support cost, etc. be city costs and that transcripts, hearing preparation and presentation remain the responsibility of respective parties to the hearing. Finally, said Mr. Long, an i tern to be worked out relates to the enforcement/penalties clause. Police and fire representatives have reaffirmed their agreement with the city on the final version of the ordinance, but AFSCME representatives are requesting numerous substantive changes. Mr. Murray wondered how Police and Fire representatives view the changes proposed by AFSCME. Randy White, president of the patrolmen's association, s3id their position is that AFSCME's suggested changes apply only to AFSCME. It any do impact on police, they would then want some input. Mr. Haws felt that AFSCME's concerns should be stated in writing and ready for delivery to the Council the Friday before the public hearing. Mr. Leighty, e representing AFSCME, responded that compilation of the information by Friday would be difficult, though they would make a concerted effort. Postponement of the hearing for one week would give ample time, however. Personnel Director noted that bargaining under the old contract and existing ordinances is scheduled to open on October 15; an October 11 hearing is therefore requested as the City is now operating in a procedural vacumn . Comm Mr. Keller moved seconded by Mr. Haws to set an October 11 hearing 10/6/76 date. Motion carried unanimously. Pub Hrng II-A-2 Gary Long, personnel director, said he had met again with representatives of all three labor organizations at which four items were worked on: (1) Resolution of differences with regard to enforcement and penalty provisions in the ordinance; (2) resolution clarifying costs by amending legislative memo, previously distri- buted, summarizing legislative intent of the ordinance; (3)inclusion of paragraph in ordinance clarifying status of bargaining units and agents; and (4) miscellaneous errata for clarification purposes. He said a position paper also had been received from AFSCME and a letter from the police union outlining its position; copies of all were distributed to Council members. Public hearing was opened. Howard Leighty, speaking for AFSCME, reviewed highlights of position stated in writing and previously distributed to Council - that AFSCME thought there was direct conflict between the proposed ordinance and the AFSCME constitution pro- tt vision prohibiting any union representation other than that authorized in writing by AFSCME membership. Also, they felt the definition of "fair share" was dangerous to AFSCME as well as to the other two unions. He suggested modification that would change the words "...in bargaining unit..." to ".. .casting ballots in a fair share election.. .." The most important issue, he said, however, was the question of 1f8Lf 10/11/76 - 9 ~--_.- - whether public employes should have the right to strike. AFSCME took the position that they did not want the right to strike, as provided for in the proposed ordinance; rather, they preferred that impasse disputes be offered for final binding arbitra- . tion. If they were forced to accept the "right to strike" provision, he said, there would be less incentive for the city to submit reasonable offers. He read - from the prepared statement requesting a change that would require final offers arbitration so that AFSCME would be treated the same as the police and fire unions. Mr. Leighty asked that the ordinance be sent back to staff for revision in consulta- tion with affected unions. He added that there was no emergency since the old ordinance would be in effect while the new one was being prepared and labor negotia- tions could proceed as scheduled. Randy Wight, president of the Eugene Police Patrolmen's Association, read a prepared statement in support of the proposed ordinance. He asked the Council, if it did not enact the new ordinance, to remand it back to staff and unions to mutually resolve the differences, saying that if the ordinance was altered to accommodate one "party," the "balance" can be destroyed. Frank Jackson, speaking for the Firefighters, in general agreed with the Patrol- men's Association. He supported AFSCME's right to express any legitimate concerns they had and didn't object to the Council's making changes; however, he said if changes were made which would require substantial negotiation, the ordinance should be sent back for negotiation between staff and all three unions. He said the Firefighters would ohject to any changes that would alter the intent since they had already agreed to terms of the one proposed here. Clark Cox, Jr., 1085 Patterson Street #9, supported AFSCME position and urged ap- provla of their recommendation to reinstate the final offers arbitration provision rather than the right-to-strike provision. e - Public hearing was closed, there being no further testimony presented. Councilman Haws asked for clarification of the time element and the issue of hav- II-A-3 ing different ordinances for each union. Personnel Director explained the time element involved the revised charter provision adopted and now effective but with no ordinance for its implementation. He thought trying to update the old charter ordinance provisions would be much more of a problem than dealing with issues under a new ordinance, specifically in terms of conflict with current charter pro- visions. With regard to separate ordinances, he said the more prevalent practice was to go to final offers in the public safety sector - police and fire. Councilman Bradley asked what the city "would fall back on" if no ordinance was enacted. Personnel Director answered that it was uncertain, and that was one reason why they felt the ordinance should be adopted to permit police and fire negotiations to proceed fairly promptly. He said that under home rule, the city has the authority to enact collective bargaining procedures, but that doesn't automatically mean state law takes over if there are no loc~l procedures adopted. With b~rgaining talks coming up, he said, the question of bargaining agents and units would be questionable without the implementing ordinance. Councilwoman Beal suggested following the course recommended by the unions - to send the ordinance back to staff and the three unions for resolution of the dif- ferences. She thought too that if there was substantive change, the Council sub- committ~e that reviewed charter provisions with respect to collective bargaining e should sit in on the discussions. ~ Councilman Murray said he thought the changes proposed by AFSCME were substantive and merited serious attention. He said his impression as a member of the Council subcommittee reviewing charter revisions with regard to collective bargaining was 10/11/76 - 10 Lt%5 that the support by the police and fire unions of the proposed charter revision was conditional on the substance of the proposed ordinance. For that reason, e he said, if any substantive changes were made, all parties should be a part of the discussions. Councilman Williams was also a member of the Council subcommittee on charter re- view. lIe said the charter amendment and the proposed ordinance were brought to the Council as a package and presented to the voters with the statement that the ordinance would be adopted as soon as possible after enactment of the charter. With that commitment, he said, the Council more or less had to do that. He sug- gested that the proposed ordinance be put into operation, then if problems arose they could always be brought back to the Council for discussion rather than to renege now on the commitment made. Councilman Bradley asked if state law provided a mechanism for proceeding with collective bargaining. Personnel Director said his understanding was that the city then would be in violation of the charter. This was confirmed by the Assist- ant City Manager. Mayor Anderson commented on the question of credibility, saying a copy of the pro- posed ordinance was presented for information in his talks promoting adoption of the revised chsarter; to make substantive changes at this time would be violating the trust of the voters in passing the charter. He also shared the concern of staff and the unions in trying to develop good collective bargaining procedures before going into negotiations. He felt a decision should be made at this time rather than referring the issue back to staff - to do otherwise merely would go back to where the three unions and staff were six months ago. In addition, he said, he felt this certainly would not be the last collective bargaining document the e city would be considering; any problems arising can be worked out. He noted that two of the three unions had indicated they were ready to move ahead, and he thought tyring to get a perfect document at this time or at any time would be a never- ending process. Councilman Haws said this document was promised and should be adopted now, but he was also concerned about questions raised by AFSCME. He suggested that staff dis- cuss the issues with the union and bring to the Council a statement of the view- points of that particular union. Personnel Director offered to respond at this time, however. With regard to AFSCME position that the ordinance conflicts with its ton- stitution, staff didn't see the same conflict and would not advise deletion of language that had been law in the private sector since 1947. The understanding of case law with regard to "fair share" agreement, he said, was "a majority choos- ing to vote," not "a majority in a unit." With regard to the strike issue, Per- sonnel Director continued, negotiations between staff and the three unions covered the issue of how final procedures would be resolved. He recognized that policy decision would have to focus on policy constraints of Oregon law, and the city code was in fair conformity to state statute. There was also the question of strike-vs arbitration mechanism, he said, and that issue is now being raised at the state level where a constitutional amendment has been proposed that would re- move home rule authority. If enacted, he said, there would be a major cleanup on existing procedures. His understanding was that AFSCME statewide was support- ing that amendment. Staff position is that exercise of home rule authority is in conformity with state law. Personnel Director continued that with regard to a hearing official, staff chose to model those procedures and authorities of public e employe vs third party after state procedures - also a policy matter. The clear- est option for enforcement is with the use of a local hearings official, he said. In response to Councilman /laws with regard to "lock out," Personnel Director said that ironically "lock out" was mentioned only once in the ordinance. AFSCME re- quested additional language in that regard but staff felt the suggested change was of very little utility to the city. Lf-g~ 10/11/76 - 11 Councilwoman Shirey asked if passing the ordinance now would preclude any changes suggested as the result of negotiations between staff, the three unions, and the Council subcommittee should such negotiations be held. Personnel Director said . that adoption of the ordinance now would have no impact on AFSCME because any impasse is at least 21 months away. He suggested if the ordinance was to be con- sidered further that it be done in the spring when bargaining was over and the personnel staff could "get back to the issues left behind." He said a request from anyone of the three parties, staff, or the Council could initiate such a process. Councilman Keller asked if in staff's opinion the intent and workability of the ordinance had been changed in resolving differences to date. Personnel Director answered that there had been no change in intent, the basic thrust ha.s been the same since July 28 meetings. Modifications made, he said, would ensure effective enforcement. With regard to workability, he referred to memo previously given to Council members stating it was "acceptable to the parties," and he felt the best way to describe the final document presented was that "it contained compromises for everyone." Councilwoman Beal, recognizing the obligation to the voters in passing the charter revision, felt there was a stronger obligation to the unions since an agreement had been reached in negotiations on the proposed wording. She felt the unions should be drawn together again to get agreement from them. Mrs. Beal moved second by Mr. Bradley to table the issue until the II-B-I October 25 Council meeting, pending further work between staff and the unions. In resonse to Mayor Anderson's request for direction and intent of the motion e without debating the move to table itself, Councilwoman Beal said her idea was that the staff and three unions should get together and reach mutual agreement on what was heard "loud and clear" - that AFSCME wants changes and the other two unions do not want changes without having been a party to tHose negotiations. She felt that if it was easier for staff to come back to the Council subcommittee that reviewed the charter revision, that could be worked out. Assistant Manager pointed out that the motion was to table to a date certain, which in fact was just postponing to a date certain - and that would be debatable. Mayor Anderson ruled the motion debatable. Councilman Murray also recognized the obligation to voters, at the same time recog- nizing the potential of a continual hassle working under an ordinance to which there has not been unanimous agreement. He felt if further meeting between staff and the unions could be expedited so as to get back to the Council with a "hard decision" as quickly as possible, it should be done. Councilman Keller urged adoption of the ordinance at this meeting, calling attention to the strong commitment already made to the voters. He recognized too the minor points differing from the initial document, but he thought it important to proceed now. Councilman Williams spoke for adoption at this time also. He said that after the commitment to the people to adopt an ordinance as soon as possible after the charter revision was passed, walking away from it at this point would make him wonder about the general grant of power given in the charter. e Councilman Bradley wondered if there was anything in the proposed ordinance that - could be "put on the back shelf" without jeopardizing its workability in the coming collective bargaining sessions. Personnel Director said he would not recom- 10/11/76 - 12 i&1 mend pulling anything out because of the relationship of every section to another _ nothing could be deleted without having an impact on some other section. He re- iterated that AFSCME has no contract opening until 1977 so any change could be - made six or twelve months from now and still have no impact on the current contract. He added, in further response to Councilman Bradley, that strike and lock out pro- visions are tied together for nonpublic safety personnel. Staff could not recom- mend any other issues be modified because of legalities and the substantive policy issue involved. Councilman Murray asked for some discussion on the merit of adopting the ordinance now if it was understood that the AFSCME proposals would be discussed in the spring. He didn't want to be locked into one course or another. Neither did Mayor Anderson, saying AFSCME was not affected at this time and may even want to study the issues more themselves in view of the recent change in AFSCME officials. He thought the commitment to the voters was absolute - to pass an ordinance im- mediately upon adoption of the revised charter. Not to do so would certainly affect the credibility of this Council, he said, as well as the integrity of the entire collective bargaining procedure. Councilman Haws agreed, at the same time concurring in concerns expressed by Mrs. Beal. But he thought the ordinance should be adopted now, then there would be time to discuss and make changes wanted later. Councilman Williams concurred. Councilwoman Beal thought the commitment to the voters was to return with an ordinance to which all parties agreed - to adopt an ordinance with one union dissenting, separating those interests, would be a disservice to the labor move- ment and collective bargaining status. She noted the confusion because of the change in AFSCME leadership and the difficulty in dealing with a body that has to e return to its membership and said she felt there should be the opportunity for all three unions to reach an understanding. Mayor Anderson resonded that in pre- senting the revised charter to the voters, the Council never committed itself to getting agreement between all parties; it was indicated at that time that AFSCME did oppose the revision. But the people were informed of that and they wanted to see the charter adopted as revised. Councilman Bradley asked if the Labor Relations Board was tied into the AFSCME contract. Personnel Director answered that it wasn't. In the last round of talks with AFSCME, he said, their contract was changed and it is anticpated that en- forcement would be changed to coincide with the proposed ordinance. Councilwoman Shirey said she would vote against the motion to postpone but she expressed concern about the issues' being brought back for further consideration. Councilman Keller commented that when he and Councilman Murray in public appear- ances had asked for citizen support of the charter, the issue of the right to strike had been discussed at some great length. So the public was aware of that issue. Counclman Murray asked Mrs. Beal what disadvantage she thought there would be to adopting the ordinance now if there was a clear understanding at the same time of the obligation to discuss the AFSCME issues in the spring. Mrs. Beal said it was her understanding that staff would be entering negotiations immediately with the police and fire unions, that it would be "picking off one union against the other two." She didn't think that a proper stance, and she didn't think the unions e wanted it. Vote was taken on the motion to postpone to October 2S Council meet- ing. Motion defeated - Council members Beal and Bradley voting aye; Council members Keller, Haws, Will iams, Murray, Hamel, and Shirey voting no. Lf88 10/11/76 - 13 CouncIl Bill No. 1255 - Repealing, amending, and adding certain sections to City Code re: Labor-Management Relations and Impasse Resolution was read by council bill number and title only, there being no Council member present requesting that it be read in full. . Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion defeated, lacking unanimous consent, all Counei 1 members present voting aye, except Councilwoman Beal voting no. In voting no, Mrs. Beal said she was doing so with the hope that before the October 25 Council meeting staff could bring back new terminology. Mr. Murray m~ved second by Mr. Hamel that the Council had the understand- ing of a firm commitment that AFSCME issues would be discussed with repre- sentatives of all three unions and city staff and brought back for further Council instruction in the spring. Mayor Anderson suggested the motion state "late spring" because of the possibility of legislative changes affecting collective bargaining that could take place during the 1977 session of the State Legislature. Personnel Director thought the bargain- ing process would begin about June, so any legislative decision could well be co-ordinated with talks next year. Vote was taken on the motion with the understand the issue would be brought back .after the 1977 legislative session. Motion carried - all Council members present voting aye, except Councilwoman Beal saying she would abstain since her term on the Council expires this year and she would not be present when the issue was brought back. . Councilman Bradley asked about the mechanism in the next two weeks without adoption of the ordinance. Personnel Director said operations would be on "good faith" as specified under interim operating procedures in the memo distributed to the Council previously. Frank Jackson assured the Council and staff of the Firefighters Association pledge to continue operations under the same system as in the past without any labor changes or stoppages. Mayor Anderson expressed his appreciation and that of the Council to the unions and staff for the long hours of work in developing what he thought was an excellent document. He recognized the differences regarding the workability of the ordinance but at the same time thought it was a major step in the collective bargaining program. Above all, he said, it demonstrated good faith on the part of all parties. E. Public Employment Act Grant Application II-B-2 Public Works Employment Act Grant Applications - Memo from City Manager, letter from EWEB and list of tentative proposals have been distributed to Council. The Act, when it becomes law, will provide not less than 10 million or more than 37 million for Oregon. Capitol improvement public works proposals will be funded at 100% of the project costs. The projects must be of considerable size - $100,000 minimum - and $5,000,000 is the ceiling. Staff has proposed those projects which could qualify and which could be commenced in the allotted time . . Assistant Manager explained that the Federal Government will prioritize the projects by a point system. He feels the only variation in points among the project:.s is in the item under "bonus point - pot:.ential for long-term benefits". 10/11/76 - 14 t.t&q , ith other categories, all the proposed projects should have the same number of points. Long-term benefits typically translate into jobs, he said. e Mrs. Beal wondered about including in the proposals the construction of adequate ki tchen facili ties for seniors for meals-on-wheels, etc. In this regard, Manager explained that the Palace Hotel had been considered in formulating the proposals but could not qualify because properties must be publicly owned. Mayor Anderson felt that grants would be msde for labor-intensive projects and he felt any allocation for kitchen facilities would go mostly into equipment Comm purchase. 9/22/76 Mr. Haws moved seconded by Mrs. Beal to schedule a public hearing rub Hrng on the proposals for October 11. Motion carried unanimously. II-B-2 Manager noted the memo explaining the use of the funds applied for and the list of projects proposed, which was previously distributed to Council members. Dale Harkey, city manager's office, read from the memo the objectives of the Act and the rules for allocation of funds. Bob Thomas, assistant director of housing, displayed a sketch of the retail space proposed for construction in connection with a parking structure at the north end of the downtown mall (8th and Willamette). He said it was part of the urban design and renewal plan and found not feasible to complete as part of the original entity, but it seemed to fit the criteria of this Act. Public hearing was opened with no testimony given. - Resolution No. 2569 - Authorizing applications under Title I of the Public Works Employment Act of 1976 was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Clark Cox, Jr., 1085 Patterson Street #9, member of the Citizens Advisory Com- mittee for Lane Transit District, wondered why only the retail space under the parking structure was mentioned, why not the transit station. He asked too how a member of the public would go about applying for funds. Manager answered that the parking structure mentioned was across the street from the transit station, and that there were only 90 days in which to apply for funds and it was pre- sumed better if the city applied in view of the complete plans and specifica- tions required in that time. Councilman Bradley asked about the priority order of the projects listed. Mana- ger answered that the list reflected the city's preference, no priorities are allowed since the projects will be selected on a point system. Several Council members commented on the' laundry list" and "being stuck with a jumble of things," but Manager explained that the application had to be made within 90 days, giving no time to do other than the list presented. I III-A-] Vote was taken on the motion to adopt the resolution. Motion carried on rollcall vote - all Council members present voting aye. e F. Bids 1. Public Works Department - Various improvement projects (Bid 11 opened 10/5/76) II I -A-2 Lf~o 10/11/76 - 15 Cost to l\moun t Nam. af Bidder and Proj ct Contract Cost Abutting Prop. Cos t to City Budgeted DAVII/G, SANITARY SE\.iER & .STORtl SEWER . 1. Within Rivertree Subdivision and silnitary seVier .lithin 160 feet of the east and Vlest boundaries of Rivertree Subdivision (1290) BASIC ALTERNATE 1. EU0ene Sand & Gravel, Inc..............llo /Iid.........$135,362.58............28' Pay. $1. 705.00/lot................ .0................ .0......... 2. Benge Pavin9. Inc......................$139,667.83....$140.803.07 Sun. lat. $ 510.00/lot 3. Babb Construction ~ompany. dba San. Serv. $ 20G.00/lot Delta Construction Company.............'lo lJid.........$148,741.05 Storm $ 830.00/lot............$17.850.00.............0......... 4. Hildish Construction Company...........$151 ,008.11 $151.574.04 SideVlalk $ 11 O. OO/lot 5. Kenneth R. Bostick Construction Co.....No Bid $153,884.10 COMPLETION DATE: August 1. 1977 -~-------------------------------------------------------.-----------.-------.---.---------------.------------------------------.-------------------------- 2. Within 11th Addition to Nob Hill Subdivision (1260) 1. Wi1dish Construction Company...........$80.231.30.....$80.197.60.............28' Pav. $ 22.70/FF..................0.................0......... 2. Eugene Sand & Gravel. Inc..............No lJid.........$80,841.80 San. lat. $ 0.17/SF 3. Benge Paving, Inc......................$90,874.98.....$88.239.88 San. Servo $ 115.00/EA 4. Babb Construction Company, dba Delta Construction Company.............No 8id.........$96.995.30 5. Don T. Devereaux.......................$90.210.70.....No Bid COMPLETION DATE: August 1. 1977 ._-~_._-- --- -_.~ -- --.---- --- -.-.- SANITARY SE\,ER: 3. North Polk Street from Polk Court to 800 feet north (1256) 1. Kenneth R. Bostick Construction Co...............$ 6.161.00....................San. Lat. $ O.08/SF...........$2.810.00..........$8.000.00 2. Eugene Sand & Gravel. Inc.......~................$ 6.316.20 San. Servo $ 11 O. OO/EA 3. Shur-I'lay Contractors. Inc........................$ 6.582.00 4. Hildish Construction Company.....................$ 6.736.00 e 5. Dan Allsup Contractor. Inc.......................$ 6.831.12 6. Emerald Excavilting and Construction..............$ 7.230.60 7. H & J Construction Company.......................$ 8.493.00 COMPLETION DATE: November 15. 1976 STORI1 SEHER: 4. Along the northeast boundary of 6th Addition to Bar M Ranch (1309) 1. H & J Construction Company.......................$ 5.450.00.......................$ 997.00........................$4.285.00.............0........ 2. Shur-Way Contractors. Inc........................$ 6.850.00 3. Hildish Construction Company.....................$ 7.525.00 COMPLETION DATE: December 3. 1976 Don Allen, public works director, reviewed the bids as t~bulated. Contract award was recommended to the low bidder on each of the projects. Public hearing was neld with no testimony presented. Mr. Keller moved second by Mr. Haws to award contracts to the low bidder on each project. Rollcall vote. Motion carried, all Council members present voting aye. 2. Parks Department - Construction of, new green at Laurelwood Golf Course (opened Oc~ober 11, 1976) Landscape & Maintenance Service $ 7,723.71 A. Mannie Smith $ 9,668.84 e JOB Irrigation & Landscaping 7,946.50 Trivett Landscaping 11,489.35 ~ Fairway Irrigation 9,656.75 Washburn Landscaping 15,015.31 Office Estimate $ 9,788.50 10/11/76.- 16 qq.\ Manager reviewed the bids as tabulated. Contract award was recommended to the low bidder - Landscape and Maintenance Service. . Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Haws to award contract to the Land- scape and Maintenance Service on their low bid price of $7,723.71. Councilman Haws questioned whether this was the best use of $7700, whether there were more important projects. Manager explained that the Laurelwood course was a revenue producing facility and criticism of the course often related to the green proposed for reconstruction. Mayor Anderson likened the course to a major piece of equipment broken and in need of repairs - and Councilman Williams said it was the worse green in the U. S. and A. Rollcall vote was taken on the motion as stated. Motion carried - all Council members present voting aye, except Councilman Haws voting no. rr - Items acted upon with one motion after discussion of individual items as requested. Previously discussed in cOmMittee on September 22 (Present: Mayor Anderson; Council members I-laws, Beal, Williams, Murray, Bradley, and Shirey), September 29 (Present: Mayor \nderson; Council members Keller, Haws, Beal, Williams, Murray, Bradley, and Shirey), and October 6, 1976 (Present: Mayor Anderson; Council members Keller, Haws, Beal , Murray, Bradley, and Shirey). Minutes of those meetings appear below printed in italics. A. Minority COmmUssion Appointm~nt - Whitty Bass Appointment to fill vacancy created by resignation of Mike Phillips- Comm for balance of term ending January 1, 1977. e Mrs. Shirey moved seconded by Mr. Haws to confirm the appointment. 9/22/76 Motion carried unanimously. Approve - a.Segregation of Assessments on Property on Fox Hollow Road - End of Vill-ard Road Bertha King - Gordon Brunton Realty Co. Camm 9/22/76 Mr. Haws moved seconded by Mr. Williams to approve the segregation. Approve Motion carried unanimously. C.29th and Wil1amette Traffic and Other Nuisances - Reports were transmitted to Council September 15 regarding the problem of "dragging the gut" in that area. Mrs. Gayle Lecher, 2832 High, representing her immediate neighborhood, stressed how difficult the situation has been - not only with traffic and noise but also with broken bottles, and garbage. Large trucks often use High Street as a throughway as well, she said. She felt that attention shoo1d be given immediately to installation of yield or stop signs on High Street as none exists at present and she has observed dragsters traveling as fast as 60 mph on the street. Mayor Anderson emphasized that Council is aware of all the problems in the area, that they are interested in having ideas generated that will assist in a possible solution. James Weathers, owner of Webfoot Lanes, suggested making Willamette a one-way - street during the heaviest dragging hours. He and other businessmen feel that method would alleviate the problem somewhat. Jon Silvermoon, 47~ W. 25th, said that the Friendly Area Neighbors planning committee met and are suggesting that some community development money be y.~~ 10/11/76 - 17 .. -.--. - designated,! for this area. He also suggested that any comIni ttee formed to work on the situation should include representatives from Crest Drive, Dunn and Friendly neighborhood groups, as well as city staff members. e Jim Johnston, Crest Drive neighbors, suggested that, since young people use the -...../ area as a place to meet, perhaps the city should identify some youth meeting places at different locales. Mr. Bradley suggested that an ad hoc committee be formed consisting of one representative each from the youth commission, the planning commission and the Council, neighborhood group representatives and a school board member, as well as representation from the businesses and, if possible, a "gut driver". He also suggested a staff technical advisory committee to work with the ad hoc commi ttee . Mayor Anderson felt that seeking community development money had considerable appeal. The problem has been discussed by various committees for a long time, and he feels a hard-nose professional approach should be taken. Mr. Murray mentioned that the CD application process is presently in gear - forms are available from Housing and Community Conservation. He also said that trucks using a street as a throughway is a ticketable offense if that street is not a designated' truck route. Perhaps some vigilance in the neighborhood would bring results. Finally, he feels some promise for protection could be given residential side streets through a systematic attempt at traffic diverter installation. Another workable plan might be for businessmen to block off their parking lots on Friday and Saturday nights. Mrs. Beal wondered about citizen arrests. Assistant City Attorney responded - that a citizen cannot issue a citation; rather, a complaint must be filed. Assistant City Manager advised that the Police Department is prepared to ~ contact the owners of vehicles creating nuisances. Neighbors are advised to attempt to record and report license numbers. Jay Montgomery, 2655 Oak, felt the solution lies in providing alternative activities for young people. As regards Mr. Bradley's suggested committee structure, Manager pointed out that the youth commission does not yet exist and the process of securing a school board member to work on the committee would take some time. Mayor Anderson felt that talent would be more important on a committee than balanced representation. Comm Mr. Murray moved seconded by Mr. Haws to authorize staff to proceed 9/22/76 with the appointment of a committee composed of staff, neighborhood Approve groups, business people along Willamette, a Council member, and, if possible, representation from the young people. Motion carried unanimously. D. Tri-Agency Dog Control Authority Complaint Handling - Mr. Bradley asked that Council approve the expansion of the Authority's jurisdiction to include handling animal complaints that at the present time are handled by the Police Departments. Those complaints would be handled on a contractual basis, with reimbursement by the various jurisdictions. Lane County and e Springfield have agreed to the extension, he said. Mrs. Beal wondered about dealing with problems outside the city limits. Assistant Manager ~ said that the County will pay when dealing with complaints (coyotes, etc.) outside the ci ty . Dog license revenue will not cover that type of activity. - 10/11/76 - 18 ~q3 Cormn Mr. Keller moved seconded by Mrs. Beal to authorize the Tri-Agency 9/29/76 Dog Control Authority to handle the complaints as noted. Motion Approve . carried unanimously. E. Liquor Licenses - Change. of OWnership 1. I-Doons, 1030 Highway 99N, RMB, Robert and Eunice Evans 2. Sam's Place, 825 Wilson, RMB, Edward and Beverley Johnson Comm 3. 7-Eleven, 588 W. Seventh, PS, The Southland Corporation 9/29/76 (Adding partner: Karl and Carol Aday) Approve Mr. Keller moved seconded by Mr. Haws to recommend approval. Motion carried unanimouSly. 4. Ron and Maddy's Caravelle, 159 East Broadway (DA) deFeniks, Inc. (Arnold deFeniks, Victor Cianci, Sandra Dreyer) 5. Monroe Street Market, 1123 Monroe Street (PS) - Mildred Plummer Comm 10/6/76 Mr. Keller moved seconded by Mr. Haws to recommend Approve approval. Motion carried unanimously. F. Vacation of Easements Requested by EWEB Board Maps have been distributed to Council. (at 3rd 1. 40' Anchor easement - Edward L. and Paula Y. Devlin property: Monroe Street 2. 8' Easement - Hooshang and Linda D. Rezvani: Franklin Bl vd. west of Moss 3. Electric Utility Easements - Triple H Investments: Vicinity of Roosevelt Blvd. and Seneca Street Comm . Mr. Keller moved seconded by Mr. Haws to authorize preparation of 9/29/76 legal documents for vacation of easements as above. Notion Approve carried unanimoUSly. G.Withdrawal of Properties Recently Armexed from Oakway Water District and Santa Clara Water District: Craven-O'Conner Annexation, Kehoe Annexation and Fred Meyer Annexation Maps have been distributed to Council. Comm Mr. Keller moved seconded by Mrs. Beal to call a public hearing for 9/29/76 October 25. Motion carried unanimoUSly. Approve H.Room Tax Allocations: Council Subcommittee proposal - Report of September 15 from Council members Haws, Keller and Murray has been distributed to Council. The report suggests adding two City Council members to the Room Tax Committee and allocating the revenues on the following percentages: Auditorium Fund - 10%; Charrber of Commerce Tourist Information Service - 25%; Historic Preservation _ LOti Parks Acquisition and Improvement Fund - 10%; Symphony Programs - 10%; other tourist related, recreational, and cultural programs _ 35%. Hr. Williams thought it might be useful to break ou t some historic data on whether previous allocations were made on the same percentage basis. In answer to a question from Finance Director, Mr. Haws noted that the desired effective date of the proposal would be July 1, 1977. Mr. Haws has distributed a letter to Council dated September 20 from Frank GeItner, 3055 Kincaid. Mr. GeItner mentions an allocation system whereby the . people decide how funds are distributed through what he calls an "articket" system. Mr. Haws would like to further study the proposal and bring back to Council for discussion. 4-~4 10/11/76 - 19 Mr. Keller clarified that the percentage breakdowns indicated the maximum that would be able to be provided in each case. Supporting data on the requests would still come to Council before any allocations were made. . Beal moved seconded by Mr. Keller to accept the committee report and -" Mrs. Comm scheaule a public hearing for October 25. Motion carried unanimously. 9/29/76 - Approve - I. Improvement peti tions 1. Paving Sunrise Boulevard from 18th to 19th - 56.83% - City storm sewer cost $4000 2. Sanitary sewer to serve Cherry's Addition - 100% - No city cost 3. Sanitary sewer on Martin Street between West Amazon Drive and Canyon Drive 71.3% - No city cost. 4. Sanitary sewer on 1st Avenue from Seneca Road to 650 feet west - 18% - No ci ty cost 5. Sanitary Sewer on Holly Street from Norkenzie Road to 800 feet west - 31% - No city cost. ... 6. Sanitary sewer on Patterson from 40th to the south to serve Arrow Subdivision - 54% - No city cost. 7. Sidewalk on east side of Four Oaks Grange Road between 18th and Bailey Hill Road (abutting Tax Lots 18-04-03-02-2300,1131,1130) 79% - No city cost. Comm Mr. Keller moved seconded by Mr. Haws to recommend approval. Motion 10/6/76 carried unanimously. Approve J. Sale of Tax Lot 18-03-15-31-1301 - located at inters~ction of Cresta de Ruta and Capital Drive. Memo and map have been distributed to Council. Mr. Keller moved seconded by Mr. Haws to approve the sale. -- Moti,on carried unanimously. --' Comm I{. Authorization for Condemnation Proceedings to Obtain Bike Path Right-of~Way 10/6/76 Between Wil1amette and Oak near 12th - from First Christian Church and from Approve Donald B. and Jerrie Kane. Map has been distributed to Council. Comm Mr. Keller moved seconded by Mr. Haws to authorize negotiation 10/6/76 and condemnation proceedings. Motion carried unanimously. Approve L. Contingency Appropriation for Petersen Barn and Morse Ranch Maintenance October 1 memo from Parks Director has been distributed to Council, indicating a deficit of approximately $4100 and suggesting use of contingency funds, Manager noted that the Parks Department runs very close to its budget each year. Neighborhood liaison noted that the neighborhood groups favor the proposal for transfer of funds so that maintenance can be provided at both complexes. Mrs. Bea1 wondered why so much is saved on janitorial services when contracted out. Assistant Manager explained that it is due to the difference in wage scales, and due also to the labor market drawn upon. =-comm Mr. Keller moved seconded by Mr. Murray to adopt a resolution authorizing 10/6/76 transfer of $4116 from the contingency appropriation. Motion carried Approve un{inimous1y. _. M. Eugene Westside Downtown Alternatives - Public Hearing pate - Planning Commission September 7 report has been distributed to Council. It Mr.. Keller moved seconded by Mr. Haws to set an October 25 public hearing. Motion carried, all council members present voting aye except Mr. Bradley Comm abstaining. 10/6/76 Approve 10/11/76 - 20 l.\~5 N. Council minutes July 8, 12, and 14) 1976 as circulated Approve e O. Public Hearing Materials - Mr. Haws requested future discussion on whether to set deadlines for submission of material for public hearings by those Comm wishing to make presentations to Council. 9/22/76 Affirm P. U of 0 Campus Trees Project - Mrs. Shirey has conversed with a Ms. Genne Lemman who is heading a project to bring 200 trees to the U of 0 campus as a Bicentennial project. The trees are from allover the world, including a tree from a seed that went to the moon. She wonders if Council would like Ms. Lernman to make a presentation on the project. Cornm It was understood a presentation would be scheduled for a 9/22/76 Affirm future Committee meeting. Q. City-County Social Services Fund - Assistant Manager announced that, because of the resignation of a full-time social services program manager at the county, Ani ta Larsen will transfer to the county to fill the vacancy. Ms. Larsen is currently working for the city and part of her job is serving as half-time liaison to the county in the social services area. Assistant Manager feels Ms. Larsen is sensitive to the problems of the city and there can be a good understanding with the county that will no longer require a staff person to remain at the city. Mrs. Shirey said that Ms. Larsen was most helpful as a staff person working wi th the social services advisory corruni ttee. She would like that staff assistance to continue. e In answer to a question from Mrs. Beal about turning over the responsibility to the county, Assistant Manager said the city will retain management and policy controls through the subcommittee of the budget corrunittee. Mrs. Beal fel t the social services program has "gotten away from us" and she feels it should be a concern of the neighborhood groups. She is dissatisfied with the delivery of services on the county level. Assistant Manager noted a strong connection between the city and county; the priority of how the money is allocated, he said, is a budget subcorrunittee item with the city having the majori ty vote. He added the problems are not so much at the policy level but rather with the day-to-day operation of grants to see if they are producing. Mrs. Beal feels the entire joint social services program should be discussed at a subsequent Corrunittee meeting and she wants to also look at the possibility of involving neighborhood groups. Mayor Anderson commented that an evaluation process seems necessary before any changes are suggested. Corom 9/29/76 It was understood that a discussion and evaluation would be Affirm scheduled for the October 13th or 20th COmnUttee meeting. R. Budget Amendment - Parks Bond Measure - In connection wi th the Parks serial levy , the budget must be re-adopted with provision for spending the serial levy funds no later than October 18. - Comm It was understood the Council would be polled for a 7:30 p.m. 10/6/76 October 18 Council meeting to re-adopt the 1976-77 budget as Affirm modified. Lf~' 10/11/76 - 21 S. Room Ta'x Public Hearing - Council has received a letter from the Room Tax Comm Committee requesting a meeting with the Council subcommittee considering 10/6/76 room ta,x allocation procedural changes. Mr. Keller will contact the Affi commi tt'ee chairman to arrange a meeting. Also, a public hearing has been scheduled for October 25th. -- T. Election Results Comments - Mayor Anderson expressed deep appreciation to staff, the Better Eugene Committee headed by Gordon Coleman, the Council and the vot~rs for the gratifying results of the September 21 election approving both a $5,000,000 parks levy and the revised charter. He felt the results indicate that the voters are discerning; in the matter of the freeway amendment on the charter revision, they did not accede to false issues; as far as collective bargaining, the voters indicated that they wanted a sound, Comm responsible labor management program within the city. Mayor Anderson added that the vote for the parks levy was 9,047 yes to 6,203 no; the vote for 9/22/76 charter revision was 8,931 yes to 6,136 no. File u. ERA Appointments - Manager announced that, at an adjourned Council meeting Comm held at 11:00 A.M. "today", Council selected Eleanor Mulder to fill an ERA 9/22/76 term expiring 7-10-77 and Tom Ballantyne to fill a term expiring 7-10-80. File V. Planning Commission Interviews - Manager announced that Council has selected finalists for the two vacancies on the Planning Comrnrrssion and will conduct Comm interviews September 27 beginning at 6:15 p.m. prior to a task force meeting 9/22/76 on state revenue sharing at City Hall. File --- --- - -- -- w. l-airmount Neighbors Request for Street Use - Letter from the Fairmount Neighbors has been distributed to Council, and City Attorney's legal opinion on street e use was distributed earlier. The opinion has indicated that the main problem wi th block parties is the liability and the cost of insunance coverage. -- Mrs. Reeder of the Fairmount Neighbors expressed disappointment wi th the legal opinion. She noted, too, that the State Attorney General had indicated that a ci ty cannot give permission, whether it be revocable or otherwise, to obstruct a street by a temporary structure so as to interfere with the use and enjoyment of the street by the public. She feels that block parties do constitute enjoyment of the street by the public. Assistant City Attorney responded that their office would explore the issue on a program development basis if requested to do so; he said it needs to be understood that, unless insurance carriers change their minds, the price tag will be drastically high if underwritten at all. After _the revised charter becomes effective in April, 1977, the question of grant of power will be answered. The city will then have the authority, unless the state says no. Comm 9/22/76 Mrs. Beal wondered about considering self-insurance - in other words, getting no File insurance and taking the risk. It was understood that the City Attorney would further consider the matter after the charter goes into effect in April, 1977. Comm X. Blaney Report - Mr. Murray wondered about scheduling discussion of 9/29/76 re~ommendations on the B1aney report. Planning Director responded that File item would be on the October tS" Council agenda. e Y. Pri vate Construction of Sidewalks, Etc. - Mrs. Shirey wondered if there is any me.thod for assuring an adequate job is done on sidewalks, etc. constructed Comm under - pri vate c9ntract by property owners. Asst. Manager explained that the S/29/76 ; City is not deeply involved in private contracts between two individuals. File 10/11/76 -22 YQ1 There has been some effort to put people in touch with legal assistance through Legal Aid for the purpose of dealing with the private contract e performance issue. He also said staff would make an effort to be sensitive to the problems. ----. Z. Public Works Employment Act Projects - Assistant Manager noted that, if Comm there are projects which a department would like to explore, Dale Harkey 9/29/76 of the Manager's office should be contacted so that preliminary staff work File can be done. AA. 1975 Crime Statistics and 1976 Projections - Memos from Acting Police Chief have been distributed to Council which indicate a continued trend of increase in crimes against persons but, after a 7.1% increase in 1975, indicate a projected decrease in 1976 of crimes against property. Acting Police Chief Larion said that the index of crimes in Eugene is based On information retrieved from the monthly Uniform Crime Reports. That same information is used in the State of Oregon Analyses of Criminal Offenses and Arrests. He said this is the first time the state has provided comparative data between cities. There is still latitude that is used in determining how offenses are classified, especially when comparing jurisdictions. If a jurisdiction makes it difficult to report crimes, the report of that jurisdiction may reflect a lower number of crimes than actually Comm com':zi tted. 9/29/76 File Chief Larion noted that 22.6% of all thefts are bike thefts. Programs are underway to encourage bike licensing and proper locking of bicycles. There are . not too many tactics to effectively prevent the crimes against persons. The police generally become invo1 ved after the fact. In answer to questions from Mr. Murray, Chief Larion said that increase in crime is statistically higher in outlying areas. He said that juvenile crime is consistently 50-70% of all crime. That figure excl udes violent crimes against people. Chief Larion also noted that "project Identification" appears to have had a significant impact. Mr. Murray wondered if any cash value type of breakdown could be done. Chief ,Larion felt that probably could be done; he noted too that the average loss to a burglarized home is $175. BB. Preservation of Armory - Mrs. Beal noted that individuals were present to speak against the demolition of the armory. Mrs: Beal m~ved seconded by Mr. Keller to allow the visitors to speak. Comm Mot~on carr~ed unanimously. 9/29/76 File LaVerne Edwards, 208 Heritage, asked that the Council assume leadership in efforts to preserve the armory. It is one of the last public buildings left, she said. There are 44,000 square feet and the building would cost $11 to $15 million to replace today. She noted the cost of tearing it down and relocating the elections department to another site, feeling the money would best be used for rel10deli purposes. ng Mayor Anderson co~ented that, from the Council's standpoint, there would have to be lTOre w~despread COImlunitl} concern about it When Coun'l l' . . c~ ear ~er . rece~ ved a report. fron: the county showing the latest engineering studies on the arrrory, Counc~l d~d not feel it was worth pursuing. It would th f be d'b'1' ere ore a cre ~ 02 :z.ty problem should the council get involved again. l1-q 8 10/11/76 - 23 .,. Mr. Bradley wondered about the possibility of using Public Works Employment Act grant rraney for the arlCDry. Assistant Manger said that, in the case of the arIIr)ry, there would not be adequate time to draw up the necessary plans. e Mr. Murra.y fel t that any action now rests wi tb the county. ...-- He felt too that some hard structural facts would have to be presented to make it worthwhile to pursue since it appears the arItr)ry is beyond repair. Armory Report - Mr. Murray called attention to the fact that, at the September 29 COrnnUttee meeting, he had mentioned receiving a report from a qualified individual that it was too late to save the armory. Mr. Murray had assumed that to mean "structurally" too late but is now informed that the individual meant "politically" too late. Also, Mr. Murray has now Comm received statistics from an architect which indicate that the cost of armory rehabilitation would be in the neighborhood of $600,000 to $650,000, 10/6/76 or about $15 per square foot. File Mr. Bradley wondered about the City's acquiring the property for future space needs. Assistant Manager pointed out that there are advantages to having all ci ty staff located in one .place and that there is capability of adding onto Ci ty Hall in the form of a tower. Parking is the most pressL-.g civic center need, he said. CC. Absences ~ Manager and Assistant Manager - Assistant Manager noted that both he Comm and the City Manager would be out of town Thursday, September 30. Finance 10/29/76 Director will be in charge. File DO. WhiteakerCornrnunity Council Letter re: Massage Parlors - Mr. Murray noted e receipt of the Whiteaker neighborhood letter distributed to all council members. He would like a staff report on concerns raised. Manager reported ~ some staff proposals had been investigated during earlier enforcement efforts Comm but the ma.tter had been dormant for several months. 10/6/76 File EE. ICMA Conference Report - Manager reported on sessions which he attended at the ICMA conference in Toronto September 25-28. He said that the panel most pertinent to Eugene was one entitled, "Wha t Next - Fi ve- Year Projections" , headed by two forecasters. Some of the forecasts mentioned were: a near zero population growth in the next five years, with an upswing after that; a labor shortage in the next five years due to decreased population growth; Comm continued nugrations to the west, south and coastal areas. Manager said 10/6/7'6 other projections were that auto ownership has almost reached per capita File saturation - due to cost of autos, not gas prices. It was pointed out too that women .in the work force are aggravating the problem of the need for automobiles. That situation is also keeping retail centers open on Sundays. Manager related the projection that zoning and planning effectiveness would decrease, that there would be less intensive fire and police services and an increase in neighborhood emphasis as well as attempts at megalopolis planning. The crime rates are projected to increase until about the middle 1980s but decline after that because of the tapering off of the number of young people. The housing shortages are projected to continue, with a trend toward more pre-fabs and mobile homes. The Manager said he was told that Oregon's no-growth advertisements probably did more to attract people than any other single thing. He said that, even though unemployment is high here, there is e a building boom and it could be due to people coming here from large cities - where single-family housing is scarce and high cost. 10/11/76 - 24 4~~ . - FF. B~dget Process Discussion - A discussion of the 1976-77 budget process Comm w~ll be held at the October 13 COmnUttee meeting to provide guidance for e the October 14-16 department head retreat, which will include a budget 10/6/76 process discussion. File FF. Shad~ oak~ ~iti~ation.- In answer to a question from Mr. Haws regarding the pend~ng l~t~gat~on, C~ty Attorney said that a request has been made to the Boundary Commission t~ grant an opportunity for a full hearing on the question. . Whether that request ~s honored will be determined October 7 (omm . 10/6/76 Mr. Keller moved-second by Mr. Haws to approve, affirm and file as noted File Items A through FF. Rollcall vote. Motion carried, all Council members present voting aye. III - Ordinances Council Bill No. 1256 - Paving Sunshine Acres Road from Harlow Road to 150 feet south of Westward Ho (1315) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and e numbered 17773. Council Bill No. 1257 - Adopting plans and specifications for paving Sunshine Acres Road from Harlow Road to 150 feet south of Westward Ho was read by council bill number and title only, there being no Council member pre- sent requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 1777 4. Council Bill No. 1258 - Sidewalk on Sunshine Acres Road from Harlow Road to 150 feet south of Westward Ho was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. e Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17775. 50d 10/11/76 -25 . Counci 1 Bi 11 No. 1259 - Paving 19th Avenue from 18th Avenue to Sunrise Boulevard was read by council bill number and title only, there being no Council member present requesting that it be read in full. . Mr. Keller moved second by Mr. Haws that the bill be read" the second time by council bill number only,iwith unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17776. Council Bill No. 1260 - Adopting plans and specifications for paving 19th Avenue from 18th Avenue to Sunrise Boulevard (1198) was read by council bill number and title only, there being no Council member present requesting that it be read in full. ' Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17777. Council Bill No. 1261 - Sanitary sewer to serve Cherry's Addition (1169) was read -- by council bill number and title only, there being no Council member present requesting that it be read in full. '--" Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17778. Council Bill No. 1262 - Adopting plans and specifications for sanitary sewer to serve Cherry's Addition was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and,that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17779. Council Bill No.1263 - Sanitary sewer on Martin Street be~ween West Amazon Drive and - Canyon Drive (1340) was read by council bill number and title ./ only, there being no Council member present requesting that it be read in full. 50\ 10/11/76 - 26 . ~Ir . Keller moved second by Mr. Haws that the bi 11 be read the second time by counci 1 bill number only, with unanimous consent of the Council, and that enactment be considered at . this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bi 11 be approved and given final passage.. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17780. Council Bill No. 1264 - Adopting plans and specifications for sanitary sewer on Martin Street between West Amazon Drive and Canyon Drive was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read tile second time by council bill number only. Mr. Keller moved second by ~Ir. Haws that the bi 11 be approved and given final passage. Rollcall VOLe. All Council members present voting aye, the bill was declared passed and numbered 1778l. .- Coulki 1 Bill No. 1265 - Sanitary sewer on Holly Street from Norkenzie Road to 800 feet west (1322) was read by council bill number and title only, there being no Council member present requesting that j t be read in full. e f\lr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of tile 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. ~lr . Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollca 11 vote. All Council members present voting aye, the bill was declared passed and numbered 17782. Counei 1 Bill No. 1266 - Adopting plans :1l1d specifications for sanitary sewer on lIolly Street from Norkenzie Road to 800 feet west was read by council bill number ano title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and tIle bill was read the second time by council bill number only. ~Ir . Keller moved seconded by ~Ir. /laws that the bill be approved and given final passage. Hollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17783. Council Bill No. 1267 - Sanitary sewer on Patterson Street from 40th Avenue to 300 feet south (1347) was read by council bill number and title only, e there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. flaws that the bi II be read the second time by counci 1 bi 11 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. SO;L 10/11/76 - 27 ~ -- -- ----_. -- Mr.Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and . numbered 17784. Council Bi!ll No. 1268 - Adopting plans and specifications for sanitary sewer on Patterson Street from 40th Avenue to 300 feet south was read by council bill number and title only, there being no Council member present request- ing that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17785. Council Bill No. 1269 - Sidewalk on east side of Four Oaks Grange Road between 18th Avenue and Bailey Hill Road (1308) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. . Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17786. IV - Resolutions Resolution No. 2570 - Authorizing expansion of Triagency Dog Control authority to animals other than dogs on a contractual basis was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2571 - Vacating utility easement at Monroe Street and 3rd Avenue (EWEB-Devlin) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2572 - Vacating utility easement at Franklin Boulevard west of Moss (EWEB~Rezvani) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. e Resolution No. 2573 - Vacating utility easement along properties east of Seneca ---- and Iowa at Roosevelt Boulevard (EWEB - Triple H Invest- ments) was read by council bill number and title. 10/11/76 - 28 .503 . , Mr. Keller moved second by Mr. Haws to adopt the resolution, Rollcall vote. Motion carried, all Council members present voting aye. - Resolution No. 2574 - Calling hearing October 25, 1976 re: Withdrawing from Oakway Water District the recently annexed property at Norkenzie and Holly (Craven-O'Conner) (A 75-12) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2575 - Calling hearing October 25, 1976 re: Withdrawing from Oakway Water District the recently annexed property on Calvin north of Dulles (Kehoe) (A 76-5) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2576 - Calling hearing October 25, 1976 re: Withdrawing from Santa Clara Water District the recently annexed property at River Road and Division Avenue (Fred Meyer) (A 72-39) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, ~ll Council members present voting aye. Resolution No. 2577 - Authorizing negotiation and condemnation for bike and pedes- trian right-of-way between Willamette and Oak near 12th Avenue (First Christian Church and Kane) was read by number and title. e Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2578 - Authorizing transfer of $4,116.00 from contingency fund to parks department for maintenance of Petersen Barn and Morse Ranch was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2579 - Authorizing payment of bills, claims, and progress payments for period September 20 through October 11, 1976 was read hy number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, October 18, 1976, 7:30 p.m. ~nr?~ City Manager e -. SCLf 10/11/76 - 29