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HomeMy WebLinkAbout10/25/1976 Meeting M I NUT E S EUGENE CITY COUNCIL . October 25,1976 e Adjourned meeting - from October 18, 1976 - of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on Octo- ber 25, 1976 in the Council Chamber with the following Council members present: Gus Keller, Eric Haws, Wickes Beal, Neil Murray, Ray Bradley, D. W. Hamel, and Edna Shirey. Councilman Tom Williams was absent. I - Public Hearings I-A-I A. Withdrawing recently annexed areas from Oakway Water and Santa Clara Water Districts 1. Northwest corner of Norkenzie and Holly (Craven/O'Conner) (A 75-l2)(FO 327)- Oakway Water District 2. East side of Calvin at Dulles (Kehoe) (A 76-5)(FO 362) - Oakway Water District 3. Northeast corner River Road and River Avenue (Fred Meyer) (A 72-11)(FO 303) - Santa Clara Water District Manater noted no objections to the proposed withdrawals except a letter received from the Santa Clara Water District objecting to the annexation itself of the area at the northeast corner of River Road and River Avenue. Manager explained that the annexation had been effected some time ago and that the action at this meeting was for the purpose of withdrawing the area so annexed from the Water District. Public hearing was held with no testimony presented. e Council Bill No. 1271 - Withdrawing from Oakway Water District recently annexed area at northwest corner of Norkenzie Road and Holly Avenue was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enact- ment 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 17788. Council Bill No. 1272 - Withdrawing from Oakway Water District recently annexed area on east side of Calvin Street at Dulles Avenue was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with .unanimous consent of the Council, and that enact- ment 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 e declared passed and numbered 17789. Council Bill No. 1273 - Withdrawing from Santa Clara Water District recently annexed area at northeast corner of River Road and River Avenue was read by council bill number and title only, there being no Council member present requesting that it be read in full. SOb 10/25/76 - I 0 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 e 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 17790. B. Liquor License - Ken-Stone Foods, 310 Jefferson Street (PS) - New Ken-Stone Foods, 310 Jefferson Street (PS) Donald and Bertha Kenady, Cleon and Blanche Stoney Comm Mr. Keller moved seconded by Mrs. Beal to call a hearing for October 10/20/76 25. Motion carried unanimously. Pub Hrng Manager reviewed the GLCC report covering the establishment to be located in the Jefferson Street elevator building. Staff had no objections to issuance of the license. CounLilwoman Beal left the meeting Public hearing was held with no testimony presented. My. Keller moved second by Mr. Haws to recommend approval of the 3.pplication. Motion carried unanimously, Councilwoman Beal not present. -- C. Proposal for allocation of Room Tax Funds Manager noted proposal for percentage distribution of Room Tax Funds received I-A-2 from Council subcommittee Keller, Haws, and Murray: 10% to Auditorium Fund; 25% to Chamber of Commerce Tourist Information Service; 10% to Historic Preservation; 10% to Parks Acquisition and Improvement Fund; 10% to Symphony Programs; and 35% to other tourist related, recreational, and cultural programs. Councilwoman Beal returned to the meeting. Councilman Keller explained that the purpose at this time was to gather informa- tion and get a reaction to the proposal, not to take final action. Councilman Murray agreed with that course, saying it was important to have reaction on the proposal for discussion with the Room Tax Committee prior to any action. Public hearing was opened. Jon Silvermoon, 47~ West 25th Avenue, felt some of the people actually delivering cultural activities - performers, artists, etc. - should be represented on the Room Tax Allocation Committee. Also, that some of the funds should be used to purchase works of art, thereby subsidizing local talent and supporting a good artistic 'communi ty in the city. Don McNeil, speaking for the Chamber of Commerce convention bureau, was in favor of the proposed approach for equitable distribution of room tax funds. Even though it would mean "pinching" the Chamber's budget, he said, ~hey would find a e way to make their dollars go further. He commented on the new convention business brought in since formation of the Convention Bureau along with the help of other funding sources. Mr. McNeil asked, however, if it would be appropriate for the Chamber to apply for room tax funds in excess of the percentage proposed should unexpected special events require funding not anticipated. 10/25/76 - 2 501, Frank GeItner, 3055 Kincaid Street, commented on the reduction in funds to certain activities under the present proposal, especially for the auditorium and tourist, recreational, and cultural programs. He raised the question of e legality of funding parks land acquisition from these revenues. In addition, he said he felt that if special events were funded for the Chamber as suggested, that allocation could be increased beyond the present allocation. He felt the definitions of activities should be carefully reviewed prior to any definite action on the suggested formula. And he suggested serious consideration of the use of a voucher system for allocation of the funds. James Kays, 2085 Sunrise Boulevard, president of the Lane County Auditorium Association, recognized the problems encountered in adminstering the room tax funds and said the Association was ready to co-operate. However, they felt in time they would be able to justify more than a 10% allocation of such funds. He said they had hired an executive director and were aware of the application procedure for obtaining room tax funds. But they hoped for a little more flexi- bility that would allow the justification to apply for funds rather than being locked into a set percentage. Russell J. Donnelly, 2175 Olive Street, pointed out the importance of funding some activities over a period of time, citing the proposed museum in Alton Baker Park as an example. He said use of the voucher system was dangerous because it could deny some organizations. a certain amount of the revenues. He suggested a merit system which would consider those organizations needing operating funds, those having incentive (the museum, for example), and those presenting new opportunities - one-time affairs. Ed Cykler, 1055 West 17th Avenue, hoped the Chamber Music Series would fall e either into the category of cultural activities or the symphony programs. He noted past concerts which were extremely successful and the burden of carrying senior citizen tickets in their budget. Royce Saltzman, 2065 University Street, expressed concern about being locked into a percentage allocation especially when funding certain cultural activities at concert hals which seat fewer people. Some of these concert activities, he said, cannot operate without the subsidy. I Michele VanHevlingan, member of the Oregon Arts Council, commented on the im- portance of local funding for matching state and federal grants in the arts. He, as well as Jon Pincus, 1054 West 8th Avenue, urged postponement of considera- tion of the proposed percentage allocation until further discussion of the formula. Public hearing was closed, there being no further testimony presented. Councilman Murray, with regard to the question of funding specific projects raised by Mr. McNeil of the Chamber of Commerce, said the proposed formula prob- ably would not preclude specific project funding, although such funding might have to come within the percentage allocated. With regard to the question about legality of using room tax funds for park land acquisition, he said, a legal opinion had been obtained which determined that was a legal use of room tax funds. It was understood the Council subcommittee would pursue the proposal with the Room Tax Committee and bring recommendations back to the e Council for discussion at a future committee-of-the-whole meeting. D. Downtown Westside Alternatives I-A-3 Manager noted previous distribution of Planning Commission report of September 7, 1976 recommending adoption of policy statements with regard to the area immediately 508 10/25/76 - 3 west of the downtown business core. He said land use in that westside area would be considered upon receipt of .a subsequent report from the Commission; the one under discussion relates only to the Commission's recommendation with regard to moving traffic eastward from the Jefferson/Washington couplet and -- re-examining the objectives of the urban renewal plan and expansion of the re- tail and cultural activities in the downtown area. Jim Saul, planner, in presenting background information with regard to the Commission's recommendation, noted previous distribution to Council members of Planning staff notes and minutes covering public hearings before the Commission on the Blayney and Kayser reports with regard to the area between Charnel ton and Jefferson, 7th and 13th. Based on those hearings, the Commission recommended adoption of policy statement that would recognize the desirability of moving arterial traffic eastward from the Washington/Jefferson couplet and commitment to that goal if shown to be feasible upon determination of the (1) effect on the total transportation network, (2) monetary cost, and (3) social cost, including the effeyt upon other neighborhoods. He said the Commission recognized, as did the Blayney report, that any shift of traffic should be done as part of the over- all ESATS update currently in progress, but shifting the movement eastward would enhance both the residential area and retail activities downtown. The adoption of the recommended policy statement, he said, would not specifically make a com- mitment to :he use of Lincoln Street or any other alternative at this time, but it does s<l'ess the importance of evaluating monetary and social costs and effect upon the total transportation system before any shift is made. Mr. Saul continued that the second policy statement involved reaffirmation of the (;"I'f'5 policy with regard to the promotion of a vital downtown core area and objectives of the urban renewal plan and community goals statements, the renewal area to be expanded to include the block containing the WOW hall at 8th and - Lincoln where major restraints were recommended in considering development of that block. Public hearing was opened. Brenda Krivak, no address given, and Brian Livingston, 1991 Garfield Street, showed slides depicting suggested alternatives for the westside area as presented in a memo previously distributed to Council members. Mr. Livingston said citizens- lay people - should be involved in the planning process before the professional planners had a set plan, that public hearings did not really constitute citizen involvement. He felt citizens should be involved in the transportation system update - ESATS - in the design process before it was completed, not when it was presented in public hearing. He described the Community Design process proposed in their memo. Scott Lieuall en, 1190 West Broadway, thought this was an excellent opportunity to carry out community goals and General Plan statements with regard to routing traffic corridoes around residential neighborhoods rather than through them. He felt the traffic should be moved from Washington/Jefferson and said the neighbor- hood groups, as well as citizens involved in the ESATS update, had support that idea. Where it should be moved to, he said, should be open to further discussion but it should be to an area compatible with that type of traffic. Clark Cox, Jr., 1085 Patterson Street #9, agreed that the present Washington/ Jefferson traffic was out of character with that residential neighborhood. He . also favored further retail expansion of the downtown area rather than putting that activity in a residential area, but he thought it would be impossible to make a concrete decision until the outcome of the ESATS update was known. 10/25/76 - 4 50~ William Carlstrom, 1091 West Broadway, said a close look should be taken at the overall transit policy with regard to allocation of the 30% transit usage re- cently recommended. He suggested experimental programs concentrating on central - city traffic where the most congestion is - adding buses on certain corridors, Painting specific bus lanes, etc. - to see what can be done and what will work. Brad Perkins, 29668 Gimp1 Hill Road, suggested consideration of alternatives other than to the west for downtown retail expansion - to the north, the his- torical location of retail activity, or to the south. But at the same time, he urged, the Council should suggest to the Renewal Agency that perhaps retail use of the "holes" in the center of the downtown area would be better than continuing the effort toward attracting a hotel/convention center in those areas. Jon Pincus, 1054 West 8th Avenue, echoed sentiments that the Council and the Renewal Agency should consider commercial/retail activities in the "hole" rather than a hotel. He said too the area between Charnel ton and Lincoln proposed for a major shopping center should be reconsidered. That area presented a great opportunity, he said, for high-density housing as recommended by the General Plan and the Blayney report. Such housing would be excellent for housing for the elderly - a vitally and economically healthy place close to neighborhood facili- ties that serve them. Public hearing was closed, there being no further testimony presented. Mr. Keller moved second by Mr. Haws to adopt the policy statements as recommended in the Planning Commission report of September 7,1976. Councilman Murray expressed strong support for the motion, saying it did set e some parameters and takes a step, however tentative, in removing heavy traffic from residential areas as set out in community goals statements. Vote was taken on the motion as stated. Motion carried, all Council members present voting aye, except Councilman Bradley abstaining. E. Rezoning recommended by Planning Commission on October 5, 1976 ; Quasi-Judicial Hearings Set for October 25, 1976. Maps have been distributed. 1. Rezoning from AG to RA area at southeast corner of Terry and Royal (Haines) (Z 76-29) 2. Rezoning from R-l to R-2 10/A-SR (site review and density limitation 10 units per acre) at southeast corner of Coburg and Tomahawk (Young) (Z 76-30) 3. Rezoning from R-l to RP area northeast of 15th and Villard (Root) (Z76-3l) 4. Rezoning from RP and R-l to C-2-SR (site review on Tax Lots 6300,6400,6500 and 8200 only) north of 15th between Moss and Villard (Williams) (Z76-32) 5. Rezoning from M-2 to R-2 area on south side of 3rd between Jackson and Comm Van Buren (Johnson) (276-33) 10/20/76 Pub Hrng 6. Rezoning from RA to C-2SR and sign district change from Residential to Outlying Commercial on area at southwest corner of Jacobs and Pattison e (Foelker) (Z76-34) 5/0 10/25/76 - 5 1. Sout~east ~orner of Terry and Royal - From AG to RA (Haines)(Z 76-29) Jim Saul, planner, said the property, 30,360 square feet, was now developed with one single family residence. The owner was requesting RA to allow par- tition into three parcels, not permissible under the AG District which re- e quires a minimum lot size of 20 acres. Mr. Saul said the Commission's pri- mary: concern was that the AG designation recognized in the Bethel-Danebo refinement plan ultimately would be replaced with RA designation that would permit residential development. The ABC group, he said, supported the re- quested zone change and found it consistent with the adopted refinrnenet plan for that area. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of October 5, 1976 were received as part of the record. Public hearing was held with no testimony presented. Council Bill No. 1274 - Rezoning to RA the area at southeast corner of I-B-l Terry Street and Royal Avenue was read by council bill number and title only, there being no r.ouncil sember present requesting that it be read in full. Mr. K,:ller moved second by Mr, Haws that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of October 5, 1976 be ad, .Led by reference thereto; that the bill be read the second time by council bil1 number only, with unanimous consent of the Council; and that enactment be co~sidered at this time. Councilman Haws asked about the question raised in Commission hearing with re- e gard.. to the buffer zone on the west of the subject property. Mr. Saul re- sponded that it involved a conceptual statement in the Bethel refinement plan - a technique mechanism for achieving 20-acre parcels. Vote was taken on adoption of findings and second reading as stated. 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 17791. 2. Southeast corner of Coburg and Tomahawk - Prom R-l to R-2-10/A-SR (site review and density limitation 10 units per acre) (Young) (Z 76-30) Jim Saul, planner, said the property involved one acre with one residence located on the easterly edge. Properties to the north and west were R-2, he said. The Commission recommendation would rezone only the westerly 120 feet of this parcel to allow development of two duplexes along Tomahawk Lane, assuring retention of the single-family dwelling on the eastern side. The Commission also recom- mended site review procedures to ensure compatibility with surrounding resi- dential properties and to cover on-site traffic circulation pattern. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of October 5, 1976 were received as part of the record. ..Public hearing was held with no testimony presented. e 10/25/76 - 6 511 I-B-2 Counci 1 Bi 11 No. 1275 - Rezoning to R-2~10/A~SR (density limitation 10 units per acre) the area at the southeast corner of Coburg Road and Tomahawk Lane was read by council bill number e and title only, there being no Council member present req~esting that it be read in full. Mr. Keller moved second by Mr. Haws that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of October 5, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17792. 3. Northeast of the corner of lSth and Villard - From R-l to RP (Root)(Z 76-31) Jim Saul, planner, explained that the subject property involved three tax lots, a total area of 21,300 square feet, each lot developed with a residence. Property to the east was zoned commercial but developed in residential use, to the north zoned and developed to commercial uses, to the south zoned R-l and used by Maude Kerns Art Center, and to the west zoned and developed as residential use. Mr. Saul said the Commission at the time of approving expan- sion of the commercial zoning in 1971 to permit parking area for McDonald's indicated further expansion of RP zoning of this property would be appropriate. Nothing, however, had developed until this request for development of a medical or dental complex. He called attention to a correction made in Planning Com- e mission minutes - the proposed development would involve 7200 square feet rather than 72,000. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of October 5, 1976 were received as part of the record. Public hearing was opened. Mark Sletten, 495 East SOth Avenue, representing the property owner, showed slides and described the proposed development as a one~story residential type structure which would act as a buffer between the residential and commercial areas. The proposed use, he said, would be in conformance with the General Plan and serve the medical/dental needs of the surrounding neighborhood where no such facilities now exist. He said there was now no vacant RP land in the area and this particular vicinity was the only block left where commercial and residential uses interface. He added that development of the clinic in the neighborhood would decrease dependency upon the automobile, one of the stated community goals, and would increase the tax base by replacing housing beyond rehabili tation. Jay N. Derringer, 1957 East 15th Avenue, noted opposition to the proposed zone change by the Fairmount Neighbors, saying they felt there was no need for a clinic at that location, especially if it would replace much needed housing. He pointed out that there was no "letter of intent" from any dentists in Eugene with regard to occupancy of the proposed building, which would cast e doubt on the need for services at that location. Also, he said, a buffer al- ready exists, when considering the overall neighborhood and the commercial and residential uses in existence on that street. Mr. Derringer called atten- tion to the type of streets in that area, old concrete pavements carrying heavy Sid..- 10/25/76 - 7 traffic now. He noted that staff, after Commission hearing, questioned its own recommendation, and he called attention to the staff report which based all findings solely on the information presented by the petitioner. He thought - it important to note the overwhelming objection to this zone change from within rhe neighborhood and asked whether it was more important to consider the gesires and needs of the people in a community or those of a few individuals. Others speaking against the zone change, all living in the vicinity of the sub- Ject property, were William Street, 1471 Villard Street; Judith Reeve, 1416 Villard Street; Martha Stayton, 1480 Villard Street; Stan Sessions, 1480 Villard Street; Jean Reeder, 1645 Fairmount Boulevard; and Jean Jacoby, 1790 Ferry Street. All cited lack of need for such a facility in this area, probable additional flooding of surrounding area if more blacktop for parking is installed, poten- tial destructive effect on the residential character or the neighborhood and danger to families living there from increased traffic, no buffer zone needed, additional traffic would create further hazards for bike users, etc. Ms.Reeder submitted written testimony from the Fairmount Neighbors, citing the same bases for their objection to the proposed zone change, as well as the removal of low- cost housing for such a project. Public hearing was closed, there being no further testimony presented. A short recess was taken, and upon reconvening, Mr. Saul explained that the same issues were raised at the Planning Commission hearing, all covered by Commission minutes previously distributed to Council members. Councilman Hamel asked for staff comment with regard to the basis for the Com- mission's conclusion that there was a need for this change. Mr. Saul answered that at the time of staff evaluation no information was available from the e neighborhood, only from the applicant. The Commission, based primarily on that information and testimony presented at its hearing, voted 4:2 - four feeling the applicant had carried the burden of proof, two feeling there was no need indicated for the change. Councilwoman Shirey asked about the relationship between the commercial and residential uses in that area. Mr. Saul answered that there was some land along the north side of Franklin Boulevard zoned commercial, some residential; almost all of the C-2 property south of Franklin is the area immediately east of the subject property. He added that C-2 will take medical/dental uses. Councilman Bradley asked if there had been experience to show any preference between commercial and higher density resid.ential as a buffer or transitional use. Mr. Saul responded that the type of buffer in many instances depended upon yircumstances peculiar to a specific location. In this instance, the General Plan indicates institutional use or low~density residential use far- ther to the south or to the east, which would give little substance for higher residential use in this area. He added that in the past the Commission and Council had more or less given preference to RP zones when considering buffers between commercial and residential uses. . Councilman Haws asked about the number of houses to the east of the subject property and the status of the Maude Kerns Art Center. Mr. Saul answered that there were at least five or six individual lots, each developed with a single house. With regard to the Maude Kerns Art Center, he said, that started under -- a.variance but subsequently a conditional use permit was issued. Cquncilwoman Beal commented that location of medical clinics near hospitals is sometimes used as the basis for need of a particular site. She wondered if such representation had been made before Commission hearings with regard 10/25/76 - 8 5\3 to dental clinics. She asked too whether there was any consideration of the lack of parks or open space in that area, or of the traffic congestion. Mr. Saul answered that the only presentation made with regard to a dental e clinic was that there should be some facility of that nature to serve the adjacent residential area. He said there had been no consideration of parks or traffic congestion in connection with this particular request. In response to Councilman Haws' inquiry about RP property on Villard, Mr.Saul described the SOx160 foot lot now developed and used by First National, Campus Branch. Mr. Sletten in rebuttal commented on other property in the area already zoned to C-2 but said they were not available, they were not for sale. Other dental clinics in the vicinity, he said, were primarily for the use of Springfield residents and in addition could not serve larger clientele because they did not lend themselves to the expansion of their plumbing facilities. The major consideration, Mr. Sletten said, was that the proposed use did conform to the General Plan, the proposed structure would fit in with the scale of other buildings in the area, it was appropriate for a transition area. He felt the application conformed in every possible way and said that if this proposal was rejected, the RP District as set out in the zoning ordinance should be reviewed. I-B-3 Council Bill No. 1276 - Rezoning to RP the area northeast of corner through at 15th Avenue and Villard Street was read II-A-l by 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. Hamel to deny the rezoning, referring the re- quest back to the Planning Commission for discussion in joint meeting with the Council. Councilman Keller, in making the motion, said he felt the applicant had failed to carry the burden of proof of a real need for the proposed change. Council- man Murray expressed the same reason for supporting the motion, in addition to the removal of low-cost housing that would occur should the change be made. Councilwoman Beal thought the area one of the most suitable in the city for high-density housing to accommodate students at the University. In addition, she said, the traffic congestion in the area now was well recognized, which would preclude bringing in any new business endeavor. Councilman Haws thought the Council should be considering whether property to the east should be down-zoned rather than the denial of the zone change request, based on testimony and statements made in this hearing. However, Mayor Anderson explained that only the application under discussion could be considered. Discussion of any other use at this time would be out of order because the Council is considering only this application on the basis of criteria presented. Councilman Bradley was also in favor of the motion, saying it was a question of balancing the need for transitional buffering against the need for preser- vation of housing stock. e Vote was taken on the motion as stated. Motion carried unanimously. 51~ 10/25/76 - 9 I I II-A-2 4. Nor h of 15th between Moss and Villard ~ From RP and R-I to C-2 SR (site through rev ew on Tax Lots 6300, 6400, 6500, and 8200 only) (Williams) (Z 76~32) II-B-l Jim;Saul, planner, explained that the property was in two ownerships, . Williams Bakery and First National Bank, with a portion of the Bank prop- erty zoned and developed in RP use, the balance zoned C-2. The C-2 prop- erties in this request, he said, were the only commercial properties in this area in private ownership, the balance of the commercial land is in the ownership of the University. Written statement was submitted from the University which reviewed the historical background of agreements with Williams Bakery, copies of which were also submitted as well as letters from the neighborhood roganization. Mr. Saul called attention to planning staff notes and minutes of October 5, 1976, copies of which had been distributed to Council members, which covered testimony with regard to parking problems, multiple use in the area, etc. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of October 5, 1976 were received as part of this record. Public hearing was opened. Bob ~lj + :hell , speaking for Williams Bakery, noted that the zone change request conf<med to General Plan and community goals criteria for zone change and carried the unanimous support of the Planning Commission. He pointed to the Bak ry as the major primary supplier of bakery products in this area and the need for expansion to accommodate that demand, the only space ayailable being that now used for Bakery employe parking. He reviewed parking needs of the Bakery compared to the nearby theatre and on-street parking use of resi- dents and the University and said no other parking was available within the e required 400 feet of the Bakery. Mr. Mitchell continued that the proposed expansion of the plant would not call for an increase in the number of per- sonnel nor would it bring additional traffic to the area, so there would be no increase in the existing parking needs of the Bakery. The proposed lot would be landscaped, he said, and would remove only one of the existing houses, one that .was already condemned; the other three would be saved. He noted site review recommended by the Commission which would dictate the type of landscaping installation. Clark Cox, Jr., 1085 Patterson Street #9, was in favor of the zone change, commenting on the difference between the fragrance wafting from this estab- lishment and the odor coming from Weyerhaeuser in the Springfield area. Jean Reeder, 1645 Fairmount Boulevard, speaking for the Fairmount Neighbors, saw the process in developing this zone change request as a good example of commercial interests and neighborhood groups working out compromises to the betterment of a neighborhood. She noted meetings with the owner of the Bakery, working out a compromise where only one house would be removed rather than four. As a result, she said, the neighborhood association had decided to take no position on the proposed change. Roland Aberg, 1416 Villard Street, suggested possible use of the theatre park- ing lot by the Bakery since the entire lot is not used by the theatre at any time. He noted the compromise with regard to removal of only one house, and expressed the hope that the character of the neighborhood would remain . residential. Also, that there would be some resolution of Bakery access that would include stopping traffic from using the alley and that some thought would be given to upgrading or landscaping parking facilities to decrease the number of completely treeless areas. He suggested also that a mural photo would be beneficial when discussing zone changes. 10/25/76 - 10 515 Public hearing was closed, there being no further testimony presented. , e Mr. Saul pointed out that staff notes and the applicant's statement both stated that the General Plan indicates primarily University use in this area. In addition, the General Plan text deals with the question of the existing commercial strip along Franklin Boulevard. However, the University informa- tion submitted indicated no intention of acquiring additional property. So the Commission took the position when considering this request that it was a minor adjustment between existing University ownership and the remaining privately owned residential and commercial development along Franklin. Councilman Haws asked how expansion could be provided for a commercial use when in fact it was conflicting with a residential district. He asked too about the number of parking spaces required to meet code provisions. And assuming that parking space was a problem, he said, how would the proposal coincide with the 30% transportation plan. Mr. Saul answered that there was no single particular policy covering every situation with regard to expansion of an existing business. He called attention to staff notes and applicant's statement, both citing community goals statements and certain policy state- ments with respect to retention and encouragement of industry, particularly existinb business falling within the "clean" classification. He added that conflicts could be pointed out between policies themselves and that was one reason for these determinations - to weigh the evidence and decide which would prevail. He reviewed the background of the zoning in the area when the Bakery was established and subsequent changes permitted by previous Commissions and Councils, all clearly stating that the Bakery was a major asset to the city and noting no objections from the public concerning its operation at that location. He felt it important to take that into consideration now when e the Bakery was at the point of expanding as contemplated esarlier when those zone changes and permits were granted. With regard to ~arking, Mr. Saul said that spaces are required on a ratio to the per-square-foot gross area of an establishment. When speaking of the relationship between parking requirements and 30% trip reduction, he said, code provisions for parking have not been reduced. Serious consideration would have to be given any such proposed reduction in code requirements, he said. He added that although theatre parking was provided under a conditional use permit and to lesser standards, it was committed to theatre use. Councilwoman Shirey asked about the relationship of the traffic pattern to the proposed Bakery expansion and the blocking off of 13th Avenue at Moss/Villard. Mr. Saul answered that the present blocking of 13th was a temporary closure under the traffic diverter policy to allow public works evaluation of the effect a permanent closure would have on traffic patterns in that area. That closure would come to the Council if any action is required for permanent closure. He noted the proposed park development put forth by Williams Bakery for the publicly owned property between Franklin and 13th, saying it was not related to the Bakery expansion in the sense that it was an integral part or requirement of the expansion or of this zone change request. Councilman Haws asked the status of the Bakery under C-2 zoning, whether that was an allowed use. Also, whether parking for an establishment would be allowed across the street and whether there were other vacant parcels within e one mile of the Bakery that could be used for parking. Mr. Saul responded that the Bakery would be permitted as a conditional use under C-2. He added that the Commission had recommended a code amendment to allow such conditional uses in C-2 zones. With regard to parking, Mr. Saul said space for parking is Sib 10/25/76 - 11 required and must be within 400 feet of the site for which it is provided, so the parking across the street would be a permitted use. With the exception of the theatre lot, he said, there was no other property or site that would satisfy that requirement. 4It Councilman Bradley asked whether the expansion could be accomplished through a conditional use permit. Mr. Saul explained that the properties proposed for parking were now R-l, and parking is not allowed in R-l zones under a condi- tional use permit. Councilwoman Beal wondered why parking would be permitted as a conditional use in commercial zones but not in residential zones. She suggested that some other use of the parking area could be made under a commercial zone, should the Bakery ever move to another location. Mr. Saul noted code requirements call for parking provisions in RG, R-3, and R-4 zones but not on parcels separate from a development. He said both staff and the Commission feel ex- pansion of commercial zoning in this area was warranted. To consider other than a C-2 zone would ~esult in University ownership where a variety of facili- ties could be installed such as student housing; that, he said, would result in a very small strip of high-density residential use. There were no findings, he said, that would substantiate other than coqmercial use in this particular area. J.rs. Beal said she was in support of this proposal, that she was quarr'ling only with the Commission's position with regard to high-density housillg in the area. Councilman Haws asked if there was a need for additional parking in the area under discussion regardless of the Bakery'S parking needs. Mr. Saul thought that could be considered from several viewpoints, one of which was dealing with the need of the Bakery for expansion to meet increased production demands ~ that would call for a judgment whether to accept that as a public need. If ~ the Bakery was expanded, provision for parking would be required, hence the need for parking. Councilman Bradley asked if requirements for additional parking in industrial zones was more intense than the requirements in commercial zones, whether there was any way to impose a requirement for a nonconforming industrial use in a commercial zone. Mr. Saul said it would depend upon the activity - whether it occurs in an industrial or commercial zone was irrelevant. Vern Gleaves, attorney representing Williams Bakery, on rebuttal, noted the University's designation expressly negated any extension of University use north of 14th Avenue, so this proposal would be an ideal situation for the subject property. He called attention too to the fact that the parking pro- posed would be a replacement of parking area displaced because of the expansion, it would not constitute an altogether new parking provision. Mr. Gleaves also remarked about the compromise with regard to the housing and the removal of only One house, and that it was one already condemned. The buffering to be provided, he said, was in full compliance with the housing goals of the city. Also, expansion of an existing industry to meet the public need of increased production as the demand for bakery goods expanded. He added that if further expan~ion is needed in the future, it would not be considered at this site, rather it would occur at a satellite operation, perhaps even in another community. Mr. Gleaves continued that joint use of the theatre parking across the street was recognized as a problem because of peak loads or need for both the theatre e and the bakery occurring at about the same time. However, use of mass transit - or walking was more or less out of the question because of necessary nighttime operations of the bakery. He too noted the code requirement for off-street parki~g within 400 feet of a development. He added that the park proposal was 10/26/76 - 12 5\1 not tied directly to this zone change request, it was proposed as a contribu- tion toward development of a neighborhood park area as well as being an asset to the front part of the proposed bakery expansion. Finally, he said, site - review procedures would control any concerns about actual development of the property. Council Bill No. 1277 - Rezoning to C-2 SR (site review on Tax Lots 6300, 6400, 6500, and 8200 only) the area north of 15th Avenue between Moss Street and Villard Street was read by council bill number and title only, there being no Council member present re- questing that it be read in full. Mr. Keller moved second by Mr. Haws that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of October 5, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Councilman Bradley questioned whether action on this zone change should be simultaneous with action on the code amendment which would allow bakeries in C-2 districts now recommended by the Planning Commission but not yet acted upon by the Council. He wondered whether it was appropriate to make this quasi-judicial decision, allowing a nonconforming use to expand, prior to the legislative decision which would allow the nonconforming use itself. Mayor Anderson thought the issue under discussion would have to be decided on the basis of the existing code. To delay because of the impending considera- tion of a code amendment, he said, would in some ways violate the rights of the proponents. e Stan Long, assistant city attorney, cautioned Council members that during this deliberation stage they could consult with and ask questions of staff people, but if any new material was involved, the applicant would have to be permitted to respond. He verified the Mayor's understanding that this zone change request would have to be considered on its merit in a different kind of hearing when it comes to the Council. Councilman Bradley then asked if approval of this zone change would be expand- ing a nonconforming use. He wondered what the situation would be should this rezoning be approved and the code amendment rejected when it gets to the Council for consideration. Mr. Saul responded that the subject issue was a zone change request to be considered on its own merits; the proposed use would not be nonconforming, it would be a permitted use under the zone pro- posed. Mayor Anderson cautioned again about "getting on the fine line of introducing new material." He felt the discussion might be getting into the area of having to reopen the hearing to give the proponents an opportunity to discuss the legislative element to be considered at a later time. Councilman Haws noted the public need was considered to be the expansion of the Bakery, there would be no public need if the legislation wasn't changed. Mr. Saul said that although the issue could be approached from that viewpoint, it would leave unresolved the basic question of appropriate zoning for these parcels, considering the University ownership and the existing commercial zon- ing on Franklin. He acknowledged the residential uses now there, saying it would be a matter of judgment whether that would dictate rezoning other prop- e erties to residential use. The Planning Commission and staff, he said, take the position that present residential uses in the area do not dictate resi- dential zoning in this instance. 5/8 10/25/76 - 13 Councilwoman Beal commented that the basic question was whether an existing clean industry "unfortunately" located in a high-density residential area could enlarge its operation and whether "one little piece" of the zoning code should be changed to meet parking requirements. In response to Mr.Haws' -- statement that the process appeared to be backward - the expansion needs be- fore allowing the use itself - Mrs. Beal said the point was that the bakery was there and was there before any sort of zoning was in existence, it had a right to be there, and was a good neighbor. Neighbors have indicated they do not disagree with the intended use, she said, and it should be considered as a practical matter. Counqilman Bradley asked whether approval of this zone change request could be conditioned upon the approval of the code amendment which would permit bakeries in the C-2 zone. Mr. Long answered that there was no code provision for that process. He suggested as an alternative action setting the effective date of the rezoning ordinance for some time in the future. However, he pointed out that if any change was wanted before that effective date arrived, the Fasano burden would again have to be dealt with. He recommended looking at the question in the light of having raised new issues and the timing of this applica- tion for rezoning, and suggested that it would be appropriate to have Mr.Gleaves respond to that. Mr. Gleaves had no response other than the legal argument as to raising those questions. Councilwoman Beal called for the question, and vote was taken on :ldoption of findings and second reading as stated. Motion de- feated, lacking unanimous consent - Council members Keller, Beal, Murray, Hamel, and Shirey voting aye; Council members Haws and Bradley voting no. Councilman Haws said he would change his vote so as to have final considera- -- tion of the council bill at this meeting. Councilman Bradley said he would change his vote also if staff didn't perceive the questions he raised as legiti- mate. Otherwise, he said, he would maintain his "no" vote in hope that a re- port could be brought back at the next Council meeting addressing the issue of timing with regard to the intended quasi-judicial and legislative decisions. Mr. Saul advised that the staff doesn't take a position, the matter could legitimately be disposed of at this meeting. Mayor Anderson called for another vote on the motion for adoption of findings and second reading as stated. Motion carried, all Council members present voting aye. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. Motion carried - Council members Keller, Beal, Murray, Hamel, and Shirey voting aye; Council members Haws and Bradley voting no, and the bi 11 was declared passed and numbered 17793. 5. South side of 3rd between Jackson and VanBuren - From M-2 to R-2 (Johnson)(Z 76-33) Jim Saul, planner, explained that the property was now developed for residential use. The proposed R-Z zoning would allow development of two additional units on the property. He noted the recent approval of R-2 zoning on property to the east. No ex parte contacts or conflicts of interest were declared by - Council members. Planning Commission staff notes and minutes of October 5, 1976 were received as part of the record II-B-2 Public hearing was held with no testimony presented. 10/25/76 - 14 S\q :.:/:i.~ .,.;. . . r;~ .\ 1278 - Rezoning to R-2 the area on south side df ., Council Bill No. 3rd Avenue between Jackson Street and VanBuren Street was read by council bill number and title only, e there being no Councilmember present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of October 5, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17794. 6. Southwest corner of Jacobs and Pattison - From RA to C-2 SR and sign district change from Residential to Outlying Commercial (Foelker)(Z 76-34) II-B-3 Jim Saul, planner, described the property as a 12,500 square foot lot developed through with a nonconforming use - a ceramics hobby shop. The proposed commercial . III-A-l zoning would allow removal it seems fitting that the name of the present struc- ture, which cannot be of the person writing up council rehabilitated, and the construction of a new records for the past twenty years building. He said the Commission in making minus three should be entered therein its recommendation recognized the existing donna thatcher so there too commercial zoning to the east and north and did not want its recommendation construed as an expansion of commercial use to the west of Pattison Street. Mr. Saul added that the ABC group had recommended approval upon resolution of the concern about parking through the use of site review procedures. e No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of October 5, 1976 were received as part of this record. Public hearing was opened. Joe Foelker, applicant, offered to answer any questions, commenting on the delapidated condition of the building to be replaced with a new structure which would at the same time provide more room for parking. Public hearing was closed, there being no further testimony presented. Council Bill No. 1279 - Rezoning to C-2 SR and sign district change to Outlying Commercial on area at southwest corner of Jacobs Drive and Pattison Street was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Haws that findings supporting the rezoning and sign district change as set out in Planning Commission staff notes and minutes of October 5, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. 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 17795. Slo 10/25/76 - 15 F. Bids - Parks Department - Lighting Amazon Ballfield (opened October 20, 1976) Base Bid Alternate A Total III-B-2 Hamilton Electric, Inc. $ 27,683.60 $ 5,025.10 $ 32,708.70 e Deery Construction Co. 38,314.00 8,163.00 46,477.00 Office Estimate 32,609.00 6,636.00 39,245.00 Plan holders: Bob Lyford Electric Lane Lighting Builder's Electric Muhlheims Clarke Electric Deery Construction Scofield Electric Hamilton Electric Manager reviewed the bids and explained that the new fixtures would be replace- mentof some that had lighted Amazon ballfield for about 20 years. The new fixtures, he said, would reduce considerably the energy used. Contract award to the low bidder was recommended. Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Haws to award contract to the low hldder - Hamilton Electric - to include Alternate A for a totla .oid price of $32,708.70. Rollcall vote. Motion carried, all Council members present voting aye. II - Items acted upon with one motion after discussion of individual items as requested. Previously discussed in committee on October 13 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams, Murray, Bradley, Hamel, and Shirey) and e October 20, 1976 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Wi 11 iams, Bradley, and Shirey). Minutes of those meetings appear below printed in italics. A. Ballot Measure - Gas Tax Increase - Manager urged council support of the measure as did Public Works Director Don Allen. Mr. Allen noted it would mean an increase of $71,000 in revenue for the balance of 1976-77 and $203,000 in additional revenue in 1977-78. Right now, he said, over $1,000,000 per year is realized from this source which is used SOlely for future road maintenance purposes and reconstruction. Comm Mr. Keller moved seconded by Mr. Haws to authorize staff to 10/13/76 prepare an appropriate resolution in support of the measure. Approve Mayor Anderson wondered about use of some of the funds on bike paths. Mr. Allen responded that funds would be used only as it relates to maintenance of existing bike facilities. Vote was taken on the motion which carried unanimously. B. Wastewater Treatment Alternative, Eugene Airport - October 6 memo from Public Works Director and proposed resolution have been distributed to Council which would authorize an alternate selected by staff. Public Works Director advises that the work on the facilities plan for wastewater treatment at the Airport has progressed to the point where formal selection of an alternative is required. EPA has advised that City Council approval is necessary. Grant monies have been applied for which will be matched by the City. Airport Manager Bob Shelby e added that $25,000 from airport revenues is presently budgeted for the facility. Comm Mr. Keller moved seconded by Mr. Haws to approve the resolution. 10/13/76 Motion carried unanil/Pus1y. Approve 10/25/76 - 16 5:tI C. Vacation of Alleys between 6th and 7th, Willamette and Oak (ERA) (AV 76-1) . Recommended by the Planning Commission August 23, 1976. Map has been distributed to Council. Comm 10/13/76 Mr. Keller moved seconded by Mr. Haws to call a public hearing for Approve December 13. Motion carried unanimously. D. ~ibrary Board Request for Funding Parking Lot Drainage Improvements - Memos from Librarian and Public Works Maintenance have been distributed to Council. The cost of repairing the malfunctioning drainage in the library parking lot would be $3,781.00 - to be appropriated from the contingency fund. Comm Mrs. Beal moved seconded by Mr. Hamel to approve the transfer of 10/13/76 funds. Motion carried unanimously. Approve E. City Affirmative Action Report - Distributed to Council. It is suggested that the report be referred to the Human Rights Council for their review with referral back to the City Council. Comm Mr. Keller moved seconded by Mr. Williams to send the report 10/20/76 to the Human Rights Council for review. Motion carried unanimously. Approve F. November 2 Ballot Measure on Jail Bond Issue - Dave Jordan, Police Department, has written a summary of the changes in the jail proposal from the last election to the present one. That summary has been distributed to Council. Comm e Mr. Keller moved seconded by Mr. Williams to approve the proposal 10/20/76 to be on the November 2 ballot. Motion carried unanimously. Approve G. Applica tion for Assessment Segregation - South of Buck between 18th and 25th _ Worldwide Church of God. Comm Mr. Keller moved seconded by Mr. Williams to approve. Motion 10/20/76 carried unanimously. Approve H. Liquor License Applications Changes of Ownership 1. 7-11 Store, 29th and Willamette - Southland Corporation (PS) Adding partner: Richard and Dorothy Hardy 2. 7-11 Store, 2270 West 18th - Southland Corporation (PS) Changing partner: Donald and Marcia Cook Comm 3. Stadium Club, 375 East 7th - Allen and Doris Casady (RMB) 10/20/76 Mrs. Beal moved seconded by Mr. Approve Williams to approve. Motion carried unanimously. I.Abatement at 1442 Pearl - Resolution 2946 - a memo and letter have been distributed to Council in which Mr. Link has requested an extension of time. Staff recommends that a 3-month extension be granted if acquisition of the property is completed within 10 days. e Mrs. Bea1 moved seconded by Mr. Keller to approve staff's recommendation. Comm Motion carried unanimously. 10/20/76 Approve 5~~ 10/25/76 - 17 .- J. Room Tax Committee Recommendations - September 29, 1976. 1. International Arboretum Association - Requested $15,000, Recommended $10.,.000 Mrs. Beal moved seconded by Mr. Keller to deny. . Mr. Williams and Mrs. Beal thought funds should not be spent for projects outside the city. Duane Hatch, president of IAA, said that their organization received a small anvunt from room tax funds last year in order to get underway wi th the arboretum at Buford Park near Goshen. The request now is for funds to cover the hiring of a developmental specialist. Up to now, the work has been done by volunteers. Though it is outside the city limits, Mr. Hatch feel's it serves the entire Eugene area. There is no other arboretum between Seattle and San Francisco, he said. He added too, in response to Mr. Keller, that a Weyerheuser grant they had applied for was rejected. Mayor Anderson suggested reconsideration in a joint meeting between Council and the Room Tax Committee to hear their reasoning rather than give flat denial. With consent of the second, Mrs. Beal restated the motion to read that Comm :' Council reconsider the request and discuss with the Room Tax Committee. 10/20/76 Approve Mr. Fairchild of the Room Tax Committee explained that the Association, when pret~ous requests were questioned by the Committee, had been asked to come back this year when ready to use the funds for hiring a specialist. Vote was taken on the motion which carried, all council members e present voting aye except Mr. Bradley voting no. 2. Eugene Theatre Company - Requested $2,960 Recommended Denial Mr. Keller moved seconded by Mr. Haws to deny. Motion Comm carried unanimously. 10/20/76 Approve 3. National Academy of Artistic Gymnastics - Requested $4000 Recommended Denial Appeal has been distributed to Council. Mrs. Beal mentioned having seen the Academy perform and feels they are an amazing spectacle. Comm Mrs. Beal moved seconded by Mr. Williams to reconsider the request and 10/20/76 discuss with the Room Tax Committee. Approve Mr. Williams referred to the denial by the Room Tax Committee due to the educational nature of the activity. He wondered if it could not be considered a vehicle to produce a cultural experience. He felt a City Attorney's response might be appropriate. Assistant Finance Director explained that, upon approval of an allocation, the city enters into a contract with the party specifying a return of services for the'dollars invested. In this case the city would be buying equipment which does not fall within the guidelines of the City's position. . Vote was taken on the motion which carried unanimously. 10/25/76 - 18 5:L3 4. Department of Dance, Uni versi ty of Oregon Requested $500 Recommended $500 Mr. Keller moved seconded by Mrs. Beal to approve. Comm ]0/20/76 e Motion carried unanimously. Approve 5. The Theatre Project Requested $7,485.76 Recommended $5,000 Mr. Keller rrvved seconded by Mrs. Beal to approve. Motion Comm 10/20/76 carried, all council members present voting aye except Mr. See action Haws abstaining. below III-B-3 Manager explained that the Room Tax Committee recommendation to allocate ~,OOO was not in line with staff evaluation of the application. Staff recommendation for denial was based on legal grounds that the activity for which the funds were proposed does not involve services, rather they are to be used for planning and feasibility studies. He suggested placing the item on the October 27 committee agenda for fur- ther discussion with notification to applicants of such action. Mr. Keller moved second by Mr. Haws to refer the Theatre Project application back to the October 27, 1976 committee-of-the-whole meeting for further discussion. Councilman Murray questioned the reason for taking the application back to committee. He reierred to funds allocated to the Auditorium Association which were used for planning and feasibility studies. Stan Long, assistant city attorney, said there was some real question about whether the applicant had proposed something specific which under contract could be purchased that would be of public benefit. In staff's judgment, he said, the application did not fit those guidelines. Manager added that through discussion at the October 27 committee meeting, other answers could e be given and a decision made then. Vote was taken on the motion as stated. Motion carried, all Council members present voting aye, except Councilman Haws and Bradley abstaining. 6. Willamette Valley Horticultural Society Requested $2700 Recommended Denial .Comm Mr. Keller moved seconded by Mr. Haws to deny. Motion carried 10/20/76 unanirrvusly. Approve 7. Community Center for the Performing Arts Requested $6,000 Recommended $3000 Mr. Keller rrvved seconded by Mrs. Beal to approve. Motion Comm , carried unanimously. 10/20/76 , Approve 8. Eugene Community Chorus Requested $1,600 Recommended $1,600 Motion Comm Mr. Keller rrvved seconded by Mrs. Beal to approve. 10/20/76 carried unanimously. Approve 9. Eugene Gleemen, Inc. Requested $1,805 Recommended $1,805 Comm Mr. Keller rrvved seconded by Mrs. Beal to approve. Motion 1C/20/76 carried unanirrvusly. Approve e 10. Exhibition Committee,Photography at Oregon Gallery - Requested $640, Recommended $640 Comm Mr. Keller rrvved seconded by Mrs. Beal to approve. 10/20/76 Motion carried unanirrvusly. Approve 5;;tY. 10/25/76 - 19 1(, Subsidizing Construction of 25 Units by Lane County Housing Authority Recommended by Joint Housing Committee. Memo from Joint Housing Committee has been distributed to Council. Mr. Jim Bernhard explained that the Lane County . Housing Authority has submitted the only proposal, that $160,000 be used for the construction of 25 units of family housing to be financed through the State Housing Division's revenue bonding program and subsidized with the State's set aside of Section 8 new construction funds. The City's $160,000 would be spent specifically for the 20% equity required to receive state financing, to establish a project reserve account and to provide "front-end" or non-capi talized expenses. HCDC on October 12 concurred with the JHC's October 7 recommendation to ask the City Council to authorize staff to pursue the development of the project, including staff recommendations as follows: To give recognition that the $60,000 set aside for single parents is to be utilized, the City should require the Housing Authority to agree that they will maintain a 35% single parent occupancy of the units; That the Housi~g Authority agree to select sites in conformance with the City's Housing Dispersal Policy and Housing Assistance Plan; That a design review committee be established to include but not limited to representation by the following groups or persons - Joint Housing Committee, Housing Expeditor, neighborhood group member and Women's Commission member; that if the project is not completed, Eugene agrees to share in the costs of defraying expenses incurred in the planning process. ~_..- Mr. Bradley wondered why representation from the Women's Commission, as opposed to any other commission, was to be included on a design review committee. Mr. Bernhard said that it was because of the Commission's interest and continuing concern in the single-parent proposal rejected last year. Mr. Keller moved seconded by Mr. Haws to approve the proposal as outlined . with the conditions as listed. Mr. Stadler, EWEB, wondered about construction of energy-efficient units. Comm Cordon Jackson, archi teet, mentioned working with Ray Wiley who has had 10/20/76 association with EWEB. Consideration is being given to an energy efficient model Approve on a trial run basis, depending on monies available. Vote was taken on the motion which carried unanimously. L. City/County Social Service Programs - Reports have been distributed to Council on the procedural structure of fund allocations, as well as a status report on funding and agency services. Ani ta Larsen, Joint Fund Program administrator, and formerly half time liaison between the city and county, explained that the purpose of the program is to facilitate an integrated, comprehensive health and social service delivery system, which is responsive to community assessed needs and priorities, through service contracts between coordinating local governments and service providing agencies. She explained that a few years ago Eugene had contracts of about $40,000 with requests of approximately $1,000,000 when General Revenue Sharing became available. In early 1973, Eugene, Springfield and Lane County requested joint funding with a system set up to coordinate requests. All three jurisdictions agreed and guidelines were established to check on such things as the legitimacy of the service agencies, community needs, budget forecast, etc. It was deci ded that Lane County should administrate the program. A full-time coordinator was e hired, and Ms. Larsen served as half time liaison for the city. Council was given copies of the current year budget and briefs showing how the county Community Health and Social Services Department is structured. Kess Hottle, department director, said this effort is an initial one to keep Council 10/25/76 - 20 :5as updated on-how the nvney from the joint fund is spent. He said the county is pleased with the level of cooperation. Esther Smith, former program coordinator, and Ani ta Larsen, who has taken her place, have done an excellent job, he said, and he feels that Ms. Larsen's sensitivity to city problems will satisfy city concerns e about maintaining a liaison between the city and county. Ms. Larsen reviewed the flow chart showing the application review process, mentioning that the joint budget subcommittee composed of three city members and two county members meet with the Citizens Advisory Committee to discuss the review procedure. She said too that nvnthly and quarterly reports are provided, and close contact with the city is maintained through those reports as well as through the joint budget subcommittee representation by the city. Mayor Anderson commented that th e relationship and procedures have been quite sa tis factory. Mr. Keller felt it would be appropriate to provide Springfield with the same presentation and review. Comm Mr. Keller nvved seconded by Mr. Haws to request Springfield City 10/20/76 Council to hear the same presentation and encourage their participation Approve in the program. Motion carried unanimously. Mr. Keller expressed appreciation to Ms. Larsen for a great job to date. He feels she and others working with the joint fund should be commended for all their efforts. The presentation indicated that Ms. Larsen understands city problems well enough to keep the interests of the city in mind even though she is no longer acting as liaison. e Assistant Manager noted too that the City has complete trust in Mr. Hottle's administration of the program, Ms. Larsen's skills, and understandings are in wri ting as well. M. Resolution to Amend and Codify Council Bylaws - Some minor changes have been made to the first draft of the bylaws, and the resolution will be on the October 25 Council agenda for approval. Manager noted that amendment with regard to deadline for presentation of written public hearing material could be discussed at a later time. He noted the importance of adopting the resolution now because Comm of the change in Council membership at the end of the year. 10/20/76 Approve N. Council minutes - July 26, 28, August 2, 1976 as circulated Approve O. Mayor Appointments to Downtown Development Board - Mayor Anderson announced appointments to the DDB of Tom Ballantyne for balance of Comm term ending January 1, 1977, to be reappointed for a full three-year 10/13/76 term in January, and Arlen Swearingen for balance of term ending January Affirm 1, 1979. P. Youth Commission Appointments - Applications have been distributed to Council. Comm It was agreed that Council would meet to select finalists at 10/20/76 11: 00 a. m. on Wednesday, October 27, at the King's Table, before Affirm the Committee-of-the-Whole meeting. e Q. Mayor's Leave of Absence - Mayor Anderson announced that he would be taking Comm a leave of absence from November 2 until December 27. 10/20/76 Affirm 5lfo 10/25/76 - 21 R.-Fire and Police Associations Request - Manager has received a memo from the Fire and .Police Associations requesting that Council hear a matter going to the Appeals Court on October 28. Staff has not had a chance to evaluate it as yet. It was understood that space would be provided on the October 25 . Council agenda at the end to discuss how to handle the matter regarding Comm the constitutionality of public employees retirement law. 10/20/76 Affirm Manager explained the resolution which had been prepared reaffirming the city's participation in the Public Employes Retirement law in line with request from police and fire unions. Copies of the resolution were handed to Council members. He said the resolution had been reviewed by and was acceptable to the unions. Councilwoman Beal saw it as an expression of support to other cities under home rules and of the integrity of "our own" retirement program, Randy Wight, president of the Patrolmen's Association, said he was also represent- ing the opinion of the Firefighters Association on this issue. He explained that in the last legislative session the public employes retirement law had been amended to provide a retirement program for police and fire personnel equal to or better than the stptewide system. Two home rule cities were challenging that requirement and requesting that it be declared unconstitutional so they could provide retire- ment systf'lIIs of their own. Mr. Wight said he personally would prefer dealing more directly on the issue, but since the proposed resolution addresses the basic needs. of the two unions, adoption was recommended. S. Howe-Building Material Quality - Mrs. Shirey has had a request from a Mr. Sparrow for Council discussion of the quality of building materials presently going into homes. e It was suggested and understood that Mr. Sparrow would contact the City Manager with particulars so that appropriate staff might Comm be present at a future scheduled Committee-of-the-Whole discussion. 10/13/76 File T. Ridgeline Logging Operations - Regarding tree removal presently going on in the ridgelinearea of the South Hills, Mrs. Shirey mentioned receiving many questions from citizens that she feels should be answered. Parks Comm Director will check into whether the operations are inside the city limits 10/13/76 and if they are well controlled, and he will report back. File U. Shade Oaks Water Extension Litigation - In answer to an inquiry from Mr. Haws on the pending litigation, Manager responded that the Boundary Commission has approved the extension. What the legal import is at this Comm point is difficult to say since EWEB is the agency which would make the 10/13/76 extension. He felt the City's action should be discussed by Council. An File option would be to request EWEB not to make the extension. Too, the written order from the Boundary Commission has not yet been received. It was understood staff would report back to Council with possible legal options once that order is received. Shade Oaks Water Extension Suit - Assistant City Attorney Stan Long reported that the order has been received from the Boundary Commission reaffirming its previous decision to grant an extension of water to Shade Oaks and that order has been served on EWEB, conditional on EWEB's approval. City Attorney . advised,that the city can opt to: Do nothing; ask EWEB not to approve; or return to court. If the city asks EWEB not to approve the extension, EWEB Comm mayor may not honor the request as the present City Charter makes rights and 10/20/76 responsibilities unclear and the new charter will not become effective until File 10/25/76 - 22 5~1 next April. If Council gives no new instructions, City Attorney will proceed' as previously authorized by Council, which will mean to pursue. e It was understood that the legal merits of the case would be submitted in writing by confidential memo to the Council, then an executive session called if felt necessary. v. Planning Commission Decision Re: YMCA - Mr. Haws was concerned about seeming procedural confusion at the Planning Commission meeting which approved construction of tennis courts on the YMCA property at 21st and Patterson, particularly as it involved the participation of the neighborhood. group. Manager noted that the neighborhood group had declined to be heard at that meeting. . Mr. Haws wondered if citizens would have any recourse to the Council should they want to take any action. He said he was not questioning the decision but rather the procedure. -- .__._-- . Comm Planner Jim Saul said that the Planning Commission decision is final. The lC/13/76 next recourse would be at the court level. File Mr. Bradley raised a question on the procedural difference between rezonings and conditional use permits. Mr. Saul responded that the present code governing rezonings was written under ORS statutes prior to 1975. Council tl'dS had to take final action if a change of zone was to be approved. Altho~gh that requirement no longer exists under the new 1975 legislation, the c~ty code was not changed, so zone change recommendations still do come to the Council for final action. The hearings official ordinance adopted in e 1973 involved conditional use permits only, and the Planning Commission and Council, when the 1975 legislation became effective, decided conditional use permit appeals should be heard by the Commission only. W. Zoning Board of Appeals Vacancy - Eleanor Mulder has resigned her term Comm ending 1-1-79 due to appointment to the ERA Board, so Council suggestions 10/13/76 for a replacement are sought. File X, Proposed Electrical Substation - South Eugene - Manager noted that staff is working with EWEB On locating the proposed substation so as not to create a visual problem in the south hills area. Mrs. Shirey wondered if the substation was to serve existing or future Comm development. 10/13/76 File Mr. Ken Rinard, EWEB, responded that the new sub-station was planned to serve projected loads only, on the north side of the ridgeline. He added too that routing fr.om the power source on the south side of the ridgeline to the site is being discussed with property owners. He feels that all concerns are being addressed at this time. Y. City Council/Budget Committee 1977-78 Budget Process October 11 memo has been distributed to Council outlining last year's schedule. The "Phoenix Plan" was used last year in which budget committee members sat in on departmental budget reviews with the Manager's office. e Mr. Murray felt that last year's process was an improvement but still somewhat fragmented. He would favor consideration of a more in-depth approach. He also wondered if there was some way to get the public involved earlier in the process to provide some general awareness of the city's obligations and problems. . 5c18 10/25/76 - 23 Mr. Kellef felt some frustration with establishing a service level, being locked into it, and then having to hassle over small amounts at the conclusion ; of the process. Mr. Williams supports more in-depth interviewing of the public, wi th perhaps e some market research done. He feels the public hearing approach is not satisfactory as it rarely draws a representative cross-section. Mayor Anderson commented about "falling into the trap" of considering the Comm budget ona year-to-year basis. He thought it seemed reasonable to develop 10/13/76 a longer-range input and appraisal mechanism, possibly involving an examination File every three years - thinking more in terms of desired activities than actual dollars and cents. In regard to ma.rket research, Mr. Williams suggested contacting Mr. Harmon Ziegler of the Oregon Research Institute for input as to the advisability of such a project. Mayor Anderson also commented that staff is thinking in terms of goals and objecti ves more than Council sometimes realizes. He mentioned specifically the Traffic EngiDeer's presentation at the October 11 Council meeting on Highway 99 and the. g'Jals he referred to in urging project approval. Beth Campbell, Neighborhood Liaison, also suggested utilizing neighborhood organizaUons. When appointments are being made to the Budget Committee, it is a good idea to look to the neighborhood organizations for appointees, as well as requesting a representative from each group to attend budget committee meetings. z. Growth Management Study - Comment and Time Lines - Memos from Planning Department e have been distributed to Council. Planning Director John Porter noted that a three-phase approach is being taken: Analyze effects to date of the urban service boundary on new residential construction and resultant costs for public servi ces; Produce scenarios whi ch compare publ ic costs invol ved in various geographic locations of future residential growth; develop specific policies aimed at assisting in public decisions concerning directing location of future residential growth patterns within the urban service area. The first phase is scheduled for completion by January of 1977. Mr. Williams expressed concern as to whether the study is narrower than it should be. It deals clearly with the question of public cost of growth but he feels it should also provide a more over-all consideration of costs involved, i.e. social costs, costs of no growth, etc. Jim Farah, Planner, said that Economic Consultants Oregon, Ltd., has concluded an agreement with the City to assist in completion of the study, and Mr. Ed Comm Whitelaw of that firm has voiced the same concern and will address it through 10/13/76 various methods of analysis. File 1 d' dwith Mr Williams in that she feels there should be Mrs. Bea ~sagree . h concern about the city absorbing costs created by the presence of growt . When existing services are extended, she said, that cost should be borne in part by the new residents. She does not feel it should be spread on the tax rolls. Mr. williams clarified that he is not so mu~h interested in knowing who -- should pay and whether or not existing serv~ces should be ,extended but, '-" rather, the over-all implications of all costs on all res~dents. 11 10/25/76 - 24 5~'l Mr. Keller mentioned assessing the cost of doing nothing and what would . happen if people become unemployable. e John Porter summarized the areas of concern to be covered: Quality of life enjoyed by the community's residents; the community's physical environment; social issues faced by the community; and private economic considerations. AA. Resolution to Amend and Codify Council Bylaws - Memo and resolution have Comm previously been transmitted to Council. 10/13/76 Some changes are still pending which the Attoney's office is working on, File including the request by Mr. Haws to set guidelines for early distribution of materials to Council on matters to be heard. Final discussion is scheduled for the October 20 Committee meeting. BB. Introduction of COW1cil Candidates - The following Council candidates were present at "today's" meeting and introduced themselves: Comm 10/20/76 Gary Bond, Ward 7; Scott Lieuallen, Ward 7; Betty Smith, Ward 2; Brian Obie, File Ward 8; John Hazen, Ward 8; Tom Moreland, Ward 3; Jack Delay, Ward 3. CC. Insu~unce Costs for Street Recreational Activity - Distributed to Council. Comm Smith and Crakes has advised that the premium per year would be $5,000 - or 10/20/76 $250 per street closure permit. File DD. Logging Activity in South Hills - Parks Director has checked into logging activity in the South Hills as requested by Mrs. Shirey. The majori ty of the activity, he said, is outside the city limits. In one case, the clearing Comm e was determin~ to be inside the city limits; the property owner was 10/20/76 developing in preparation for a building site; he did not have a building File permit and was not aware that a tree cutting permit was necessary if a building permit had not been obtained. He had cut down 10 trees in two years, five at a time, outside the building site. According to Parks Director, the site is within the urban service boundary. Comm EE.. Parks and Recreation Quarterly Report - COW1cil has recei ved the Parks 10/20/76 report covering Summer term, 1976. Pile Mr. Keller moved second by Mr. Haws to approve, affirm, and file as noted Items A through EE, noting separate action taken on Item J.5. - Room Tax Alloca- tion for The Theatre Project. Rollcall vote. Motion carried, all Council members present voting aye. III - Ordinances Council Bill No. 1255 - Repealing, amending, and adding certain sections to City Code re: Labor-Management Relations and Impasse Resolution read the first time on October 11, 1916 and held, lacking unanimous consent for e second reading, was brought back and read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. 530 10./25/76 - 25 Copies of memo from the Manager were handed to Council members advising that a number _ of amendments to the collective bargaining ordinance had been agreed upon as . "mutually acceptable" to both AFSCME and the city. The amendments also were re- viewed by police and fire unions and have their concurrence. Staff recommended ~ adoption of the ordinance, including the amendments, and rescission of its intent .., to review the ordinance next spring. Phyllis Taylor, president of AFSCME, read a prepared statement as an addendum to the letter previously presented stating AFSCME's agreement with the proposed amendments. The statement read was that "Local l724A does not and has not wished for the right- to-strike language and we still feel very strongly that binding arbitration is the most constructive way to settle impasse disl'utes." Mr. Keller moved second by Mr. Haws to include as presented the amend- ments in Council Bill No. 1255. Motion carTied unanimously. Council Bill No. 1255 - Repealing, amending, and adding certain sections to City Code re: Labor~Management Relations and Impasse Resolution, as amended, was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moveG second by Mr. Haws that the bill as amended be read the second time by council biJ l number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill as amended was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill as amended be approved and given final passage. Rollcall vote, All Council members present voting aye~ the bill as amended was declared passed and numbered 17796. ~ Council members Beal, Bradley, and Shirey expressed satisfaction with the process which allowed all three unions to come to agreement so that the ordinance could be adopted at this time. Council Bill No. 1280 - Calling hearing December 13, 1976 re: Vacation of alleys between 6th Avenue and 7th Avenue, Willamette Street to Oak Street, was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. 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 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 17797. . Council Bill No. 1281 - Paving streets within Frosland Subdivision (1295) 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 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 17798. 53J. 10/25/76 - 26 . Council Bill No. 1282 - Adopting plans and specifications for paving streets . within Frosland Subdivision was read by council bill number and title only, there being no Council member present requesting that e it be read in full. Mr. Keller moved second by Mr. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17799. Counci 1 Bi 11 No. 1283 - Sanitary sewer and storm sewer within Frosland Subdivision (1295) 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 carried unanimously and the bill was read the second time by cJuncil bill number only. Mr. Keller moved second by Mr, Haws that the bill be approved and given final passage. Rolle ; 1 vote. All Council members present voting aye, the bill was declared passed and n'lInbered 17800. Council Bill No. 1284 - Adopting plans and specifications for sanitary sewer and e storm sewer within Frosland Subdivision was read by council bill number and title only, there being no Council member present re- questing that it be read in full. Mr. Keller moved second by ~1r. Haws that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the bill be approved and given final passage. Rollcall vote. All Council members present voting 'aye, the bill was declared passed and numbered 17801. ------ Council Bill No. 1295 - Sanitary sewer on 1st Avenue from Seneca Road to 650 feet west (1343) 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 carried unanimously and the bi 11 was read the second time by council bill number only. Mr. Keller moved second by Mr. Haws that the hill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17802. e Council Bill No. 1296 - Adopting plans and specifications for sanitary sewer on 1st Avenue from Seneca Road to 650 feet west (1343) was read by council bill number and title only, there being no Council member present requesting that it be read in full. 53~ 10/25/76 - 27 " ~ 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 thi~ 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 17803. IV - Resolutions Resolution No. 2580 - In support of Ballot Measure No. 8 - Gas Tax Increase - 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. 2581 - Authorizing adoption and implementation of Alternative 1 as wastewater treatment plan for Eugene Airport 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. 2582 - Authorizing transfer of $3,781.00 in contingency funds to Library for parking lot drainage improvements 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. J Resolution No. 2583 - Authorizing three-month extension on abatement at 1442 Pearl Street, if property acquisition completed within ten days, 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. 2584 - Adopting amended Council bylaws was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all Gouncil members present voting aye. Resolution No. 2585 - Authorizing payment of bills and claims for period October 11 through 25, 1976'was read by number and title. Mr. Keller moved second by Mr, Haws to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2586 - Reaffirming participation in Public Employes Retirement System 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. - -./ 10/25/76 - 28 533 . i Presentation, Mayor Anderson - Manager presented Mayor Anderson with a bottle of e champagne in recognition of his having presided at his last City Council meeting as mayor of the city of Eugene. Mayor Anderson leaves November 2 for an extended trip to Europe and the near East, planning to return about the end of December, a few days before his term as mayor expires. Upon motion duly made, seconded, and carried, the meeting was adjourned. ~ )~ Charles T. Henry City Manager e e , 53 If 10/25/76 - 29 --