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Home My WebLink About11/08/1976 Meeting ~. MINUTES EUGENE CITY COUNCIL November 8, 1976 Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by Council President Gus Keller in the absence of Mayor Anderson at 7:30 p.m. in the Council Chamber on November 8, 1976, with the following Council members present: Eric Haws, Wickes Beal, Tom Williams, Neil Murray, Ray Bradley, D. W. Hamel and Edna Shirey. I - Proclamation - Canvass of votes cast in November 2 election Postponed. II - Public Hearings A. Liquor License - New - The Refectory, 2200 Centennial Boulevard (DA) Staff has no objections. Mr. Haws moved, seconded by Mrs. Beal, to recommend approval. Motion carried unanimously. B. Annexations 1. Area south of West 18th between Bertelsen Road and Four Oaks Grange e Road (Dealy) (Z 76-10) 2. Area east of Delta Highway north of Green Acres Road (Van)(Z76-ll) Res.2587 - Transmitting to Boundary Commission recommendation to annex area south of West 18th Avenue between Bertelsen Road and Four Oaks Grange Road was read by number and title. Res.2588 - Transmitting to Boundary Commission recommendation to annex area east of Delta Highway north of Green Acres Road was read by number and title. Mr. Haws moved, seconded by Mrs. Beal, to adopJ; Res.2587 and 2588. Motion carried unanimously. C. Code Amendment re: Permitting duplexes, triplexes, and fourplexes as outright uses in RA & R-l zones on certain size lots. Recommended by Planning Commission on September 7, 1976. Jim Bernhard, Planning Commissioner, said early this year Planning Commission recommended revised standards for panhandle lots, which represents a major change in RA and Rl zoning districts. The amend- ment will not increase densities as lot sizes are larger and existing services could be used in most cases. It is an alternative to multi- family, but it was not a unanimous recommendation. Betty Niven, Joint - Housing Committee, said the proposal is not a proposal for low-income housing. It offers possibilities for kinds of home ownership that may otherwise never be able to happen. Lower land costs will result in lower construction costs. 537 Minutes 11/8/76 -1 l Jim Saul, Planner, presented background. Public hearing was opened. . Manager noted receipt of letters to be entered into the record from Crest Drive School, Crest Drive Citizens Association, Lloyd Lovell, Louis Durchanek, and the League of Women Voters. Nancy Garvin, 4001 Potter #13, felt a change is needed to create stimu- lating and interesting neighborhoods plus solve a need. "We cannot preserve Ii vabili ty and continue as we always have," she said. Twila Voorhees, 535 Kingswood, supported the proposal, saying it will resul t in insuring the Urban Service Boundary and meeting the demands for housing options not currently available. Gordon Elliott, 1287 Irvington Drive, spoke to the need for more lati- tude and flexibility and therefore supported the proposal. Brian Obie, 2560 W. 27th, asked council to postpone a final decision based on review of the 1990 Plan, to determine if this is really the way Eugene wants to go at this point in history. This proposal has a greater impact on the city thaa any ever has - it can be positive or negative, he said. Arden Munkres, Active Bethel Cit~zens, noted their land use committee has studied the proposal in their refinement paIn. There is nothing in the proposed change that would allow preservation of rural type . areas or existing housing at present time. Louis Durchanek, 1760 Sylvan, submitted a statement from Howard Bonnett and also spoke against the proposal, saying it is in violation of the city adopted Laurel Hill neighborhood plan which encourages preservation and enhancement of low density, resident ownership, plus preservation of distinctive character. Jim Johnston, 179 W. 37th, felt units will spring up without controls. Joe Richards, 777 High, spoke against saying if preservation is desired how can neighborhoods be changed so much. Dan Knapp, 639 W. 29th, spoke of potential slumps, slides etc. on hill- sides.with heavier buildings. Jim Crouch, W. 35th Place, said the proposal would conflict with the South Hills policy. Glen Love, 393 Ful-Vue Drive, believes the proposal would bring an in- vasion of development, noting that the south hills plan encourages preservation of trees, open space, et8., resident home ownership and long-term residency. Ray Wiley, 777 High, has been trying to reduce housing costs for the . past 15 years. He spoke to the preference for single-family dwellings and to the discarding of site controls under this proposal. Minutes 11/8/76 -2 538 Bob Belding, 474 Pinto Way, is opposed to action increasing density in subdi vis ions. -e Eugene Emge, 2181 Washington, feels that passage of the proposal would not maintain the character and quality of older neighborhoods or the esthetics of the city. Public hearing was closed. Mr. Saul said that, should Council wish to refer for further consider- ation, it would be appropriately referred to the Joint Housing Committee. Mr. Murray asked for staff response on the following points: 1. Pro- posed amendment would have unfair impact with lots of vacant land. 2. Amendment would have negative impact in terms of protecting existing housing-tearing down and re-constructing. 3. Tax impact on surrounding lots. 4. Issue of site review procedures. 5. Suggestion in Bonnett letter on considering provision that the land be vacant' for several years before construction be allowed on it. Mrs. Beal wanted information on the following point: Difference in cost between duplex and single-family housing - what difference in land cost would amount to. In other words, would cheaper housing really be created. Mr. Bradley asked the following points: 1. Is this the appropriate timing for implementing this land use control. Whole question of timing in re- lation to 1990 Plan. 2. How does this promote urban growth if density e remains the same - and 3. hwo does that priority balance against the pri- ority of preserving single-family dwellings. Mrs. Shirey wants to know: 1. Wants new land we have annexed brought in- to these figures somehow. 2. Comments also re: proceeding with caution and feeling people already living here must be considered. Mr. Williams felt that referring the matter to the Joint Housing Committee bears serious consideration. The Committee has been more involved in that type of question but more importantly that body has developed a history of being a pretty thoughtful group of people who have time to look at the questions. Mrs. Shirey moved, seconded by Mr. Haws, that staff and the Joint Housing Committee come back with a report in December if possible. Mr. Bradley amended the motion, seconded by Mr. Murray, to set a date of the 13th of December. Vote was taken on the amendment which carried, Mr. Hamel, Mrs. Beal, Mr. Murray, Mr. Bradley, Mrs. Shirey, voting aye and Mr. Haws and Mr. Williams voting nay. Vote was taken on the original motion which carried unanimously. D. Appeal from Sign Code Board of Appeals action with respect t~ sign for ,_ Valley River Twin Cinema. 1077 Valley River Drive (Moyer Theatres) - Staff appeal plus cross-appeal filed by Moyer Theatres Postponement to November 22 Council meeting requested by sign owner. Mr. Haws moved, seconded by Mrs. Beal, to postpone to No mb 22 M t' . . ve er . o lon carrled unanlmously. . 53CJ Minutes 11/8/76 -3 E. Bids - Public Works Department - Various improvement projects (opened 11/2/76) . L sr..!ITr\:~Y S:::\.!ER: Holly Street from Norkenzie Road to 800 feet west (1322) G'j rL'hrs Contract Cost ~... - ...., - 10 d ;,"U 11 ~ S f\. H.j 1 1 0 0 . 0 0 Q 0 . coo. . () 0 0 . 0 . . 0 0 " 0 . ('I 0 0 0 0 . 0 . . 0 0 0 0 bOO. 0 0 0 0 0 n $ 13,630040 2-" ~ ~ J Construction" CompanYooooo..oo.o.ooo~o...oo.ooooooooooqo$ 16,200.00 '.I L. n. Van Over Construction, Inc.......oooo.oo..o............$ 17,0'12.00 ..) .~ /I, . ;':'.:nn2tl1 R. Bostick Construct.ion COnlpanyo..........o..........$ 17,185.00 5. Eugeilc Sand & Gravel, lncoeoooo.ooaooeooooooooooooooooooeoooo$ 17,318.25 60 Shur-Way Contractors, Inc.o...............o..o..............o$ 17,826.25 7. Wildish Construction Company...........o............o..oo....$ 20,397.25 r.) D:.tn All sup Contractor, Inc................ 0 0......0..........$ 20,481.20 Va (i;st to Abutt'in9 Property: Cost !.C?..~ity Amount Budgeted Si:1-itary Latera'l 1--0. 065/Sq. Ft. 0 0-- SGnitary Se}'vice $375.00/lilCh CiY1PLETION DATE: January 14, 1977 ~._~-'----------"._--------------~._----------------------------~----------------------- 2.. S~HITARY SEWER: To serve area between Agate S~.'('eet and Emeruld Street from 26t.h Avenue .e t\,. 27th I\venuc (1190) Bi (L:~rs Contract Cost --..---...- 'i. ;1 i ~'. rne s 1\. H -i 1 '1 . . " " 0 t;> (I ~ 0 0 C (I 0 0 . . <' . . " C (I . (I . 0 Cl D . Cl 0 0 0 0 0 0 (I . (I (I 0 Q 0 (I 0 0 0 . $ 4,636.56 2. Eugene Sand & Gravel,. Inco(loo,,~oooo~o.o.....ooo.ooo.oo_o.oo..~$ 4,786.90 ? S~lur-Wa~1 Contractors, lncoooo.ooo.ooooooooo.oooao.oeooooooooo$ 5,244.50 ~. . ~". H & J Construction lJmpany.....................o.............$ 5,988.00 r- Dan Allsup Contractor, Inc...................................$ 6,293.40 :J. 6. Wildish Construction Company.........o.o...............o.....$ 6,374.00 7. Kenneth R. Bostick Construction Company......................$ 6,918.00 . f.?~~Lt:.'?_ Abutti~~~e~ Cost to City Amount Budgeted S:.lnHary Lateral $ O.25/Sq.Ft. 0 0 Si:! n'j ta ry Servi ce $ 40.00/Each CC.l;li_ETION DATE: January 14, 1977 - Minutes 11/8/76 -4 5lfO :L S/\rH TAl: Y S F.\':ER : f'1arti n Street betv/2eil \,1. Amazon Dri~e & CJnyon Drive (1340) . Bidders Contract Cost -.---- 1. J <lfne s ^. H'j 11 . . . . . . . . . . . . . . . 0 . 0 0 0 0 . . . . . . . . . 0 0 . . . 0 0 . 0 . . 0 . 0 . . . . $ 5,859061 ') \i~ 1 di sh Construction Company.. 0....0.0...00..0.0000...0000...$ 6,180.45 ,. . 3, ':::iur-\'12Y Contrtlctors, Inc............ 00. .....0.0.00..... ... .. $ 6,273.82 ~ ,) ~tn All sup C [) II t r J c tor, In c . 0 0 0 . 0 . . 0 0 . . . . . . 0 0 0 . 0 . 0 0 . . . . . 0 . . . 0 . $ 6,363.90 ~; . Eugene Sand & Gravel, Inc.n.oooo.coooo.oo.o.~o~...oDo.o.oo.oo$ 7,006.50 (i. EmerJld Excavatil1Q and Construction...o..o...oo.......o.o.oo.$ 7,175.25 7 II & J Construction CompanY.oo......oo.ooo..o.o.o...o..o...oo.$ 7,20'1.75 ~, Kenn2th R. Bostick Construction Company..o.o.o........o.o..oo$ 7,313050 \,..: ~ 9. L. O. Van Over Construction, lnc..oo..................o..o...$ 10,113.08 ~..Q5 t to !\butt i n9 Prope rty Cost to City Amount 8udqeted. Saliitary Lat?ra1 S O.055/Sq.Ft. $2-:-500.00 0 S;.tnitary Service $ 35.00/Each CU1fJLETION DATE: December 17, 1976 ---~.~----------------_._---------------------------------------------------------------- 4. SM'nrIRY SEllER: Patterson Street from 40th Avenue to 300 feet south (1347) f; ~ dde'r's Contract Cost ---....-.---- e 1. Dan Allsup Contractor, Inc.....~...o.........o.......o.o..oo.$ 3,779.40 2. ll'lJ"'C' t' C $ 4,082.42 ~l (lSn onstruc 10n omp]ny.....o.......ooo.o........o....o. :i. J aji:'~ sA. Hill. 0 . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . 0 . 0 . . . . . 0 0 . 0 . . . . $ 4,653.67 . Shur-H(\y Contractors, lnc.o...o.....o.......o..o.o..o...o..oo$ 4,687.45 "1. I r Emerald Excavatina and Constructionoo.........oo.....o.......$ 4,697.95 " . (; L. D. Van Over Construction, lnc..............o........o..o..$ 5,034.00 .. 7. H & J Construction Company...o....o.o.o......oo............o.$ 5,364050 0 l(clInc;th rL Bostick Construction CompanY...o.ooo.......o......$ 5,417030 lI. (, Eugene Snnd & Gravel, Inco..o.oo...o.................o.......$ 5,471050 ,GI)!:J~ to A~_~tt i n~ Property Cost to City Amount Budgeted S~nitary Later'a 1 0.14jSqort. 0 0 Siln ita ry Servi ce $ 245.00/Each COi',lPLETION DAT:~: ,)i1tlUary 11]., 1977 -.--..----.-------.-------------------------------------------------------------------------- 5. S/\['! ITARY SEI'IER: To serve Cherry's Add 'it i on (1169) FH ciders Contract Cost _&_-- l. ,)ilr:12S A. Hi 11.. . . . 0 .. . . .0... . . . 0 .. . . .... . 0 . o. . . . . . .'...0.. . . . . $ 7,488.09 ,- S h u r- \!ay Con t ra c tors, In c . . . . . . . . . 0 . . . . . . 0 . . . . . . . . . . . . . 0 . . . . . $ 8,972.75 . . " Dan Allsup Contractor, lnc.........ooo.....................oo$ 11 ,404.20 .). 4. Eugene Sand & Gravel, lnc....................................$ 12,009.65 { Kenneth R. Bostick Construction Company.....oo........o......$ 12,035.50 ......, e G. \,Jild'ish Construction COil:pany........ 0...0...0................$ 15,708.00 7. H & J Construction Company........oo.oo..o.................o.$ 17,299.50 ~.?.?..Lt~_1\but.ti n9 Proper~l Cost to City Amount Budgeted SJnita Yj Latera 1 ~ 0.1 O/Sq. Ft. 0 0 S2.nHary Service $ nOoOO/Each - COilPLETION DinE: Decemb2r 31, 1976 5 L.J- } Minutes 11/8/76 -S I ., 60 SIDEH~LK: East side Four Oaks Grange Road k,tI,'leen 18th Avenue and Bil,iley Hill Rdo (l30n) .. I' U; ";Jers it Contract Cost . _..._-_._~---- '" ~ Con c re t e Un 1 i 1n'1 'r: e d ~ I n c . . 0 0 . . . . . . 0 . 0 . D 0 0 . . 0 0 . 0 0 0 . 0 0 0 . . . 0 0 . 0 . . $ 4~352.50 ! . ,'., B.. R~ Evers (Incomplete P,.id)................................$ 4~583.32 l. . ') ( "I" "'ay Con.1Tac"ors Inc $ 5~828050 J. .~~...(-I'J( L' L. , ....."..............'.................., 11 . .'j,:, ':12 ~ !\. Hill................................................ $ 5,871.04 5. Wildish Construction Company.................................$ 6,515.70 6. r~e r 1 inS tam.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6~543.60 ~:~)~_L~g_.L\.butt ing Psoperty . Cost to City Amount Budgeted t \I S' d' . 1 k' 2 08jS F- 0 0 .. 1 .::. j . ~ q . t . ~;ll Sic!~"iidlk $ 2JlOjSq.Ft. Concr~te Drive $ 975.00 Direct ft.. C. Dr-ive $ 750.00 Direct CO'.lPLETION DATE: December 17~ 1976 -----_._---------------~---------~---------------------------------------------------- Don Allen, public works director, reviewed the bids as tabulated. Contract award was recommended to the low bidder on each of the projects, with the exception of Project No. 6 on which staff recommends rejection. Dennis Day, 2197 Four Oaks Grange Road, agreed with staff's recommendation on Project e No.6, feeling the residents can complete the project themselves. . A representative of the neighboTs :an P'l'~ject'No.2 expressed concern over the envir:on- mental impact of the projectl~ as it relates to the trees adjacent to the area. Public works director responded that would be taken into consideration. Mr. Haws moved, seconded by Mrs. Beal, to award contracts to the low bidder on Projects 1 through 5 and to reject Project No.6. Motion carried unanimously. t. -- Minutes 11/8/76 -6 5Lf;l ~ III. Items acted upon with one motion after discussion of individual items as requested. Previously discussed in Committee-of-the-Whole on October 27, 1976. (Present: Mayor Anderson; Council members Keller Haws, Beal, Murray, Bradley, Hamel, and Shirey; City Manager and staff.) and on November 3 (Present: Council President Keller; Council members Haws, Beal, Murray, Williams, Bradley, Hamel, and Shirey; City Manager and staff.) October 27, 1976 Committee-of-the-Whole -- 1. Items from Mayor and Council A. Council Meeting Dates--A short discussion was held and Council meeting dates were agreed upon as fo llows : November 8 and 22; November 18-joint meeting of City Council, Planning Commission, and Springfield City Council for a presentation on sewer plan Affirm alternatives; December 13 and 20; January 3 (swearing in of new Mayor and Council members); January 10 and 24. Councilwoman Beal and Mayor Anderson arrived and Mayor Anderson assumed the Chair. B. Fifteenth and Tyler Problems--Mr. Murray mentioned receiving complaints on the traffic situation at Fifteenth and Tyler. It was understood that staff would look into the matter and report File back. e C. Request for Public Hearing on Armory--Mr. Murray said he had been asked if the City Council would hold a hearing with regard to the Armory. He felt it more appropriate, however, to request the County Commissioners to hold a public hearing on the matter. Manager noted that just "this morning", the County Commissioners let a contract for demolition of the Armory. Demolition is Approve scheduled to begin within a week. Mr. Murray moved seconded by Mrs. Beal that the City Council request the County Commissioners, before proceeding with demoli- tion, to hold a public hearing and take testimony on the Armory. Mr. Keller wondered if a public hearing had ever been held on the Armory. Mr. Murray responded that the Vision 2000 Committee, on which he served, adopted a report calling for preservation of the Armory and recommended several uses. Mr. Murray said that report was simply "received" by the County. Vote was taken on the motion which carried unanimously. D. Willamette Gut Committee Appointments--Manager announced the appointment of a staff team headed by Dave PompeI of the Parks Department and including John Franklin, City Attorney's Office; Don Gilman, Public Works Department; Ken Behrend, Police Depart- e ment; and Randi Bjornstad, Planning. Mr. Bradley was asked to serve as Council representative to the committee, with Mrs. Sh irey as alternate. Manager noted that a meeting of the committee will Affi rill be called within a week or two. Minutes 11/8/76 -7 5Lf3 - . Mrs. Shirey wondered why there was no neighborhood group representa- tion on the committee. Manager responded that the staff team was organized first so that it could begin to function. Tha t team will meet and work with affected citizens, and at least one public hearing will be conducted that will be open to any citizen of the community who would like to come. E. Planning Department Quarterly Report--Distributed to Council members. Manager noted that the workload of the Planning File Department and the Planning Commission is rapidly increasing. F. Parks Department Report on Status of Federal Grants-In-Aid: 1975-76--Report has been distributed to Council members.. File G. Supreme Court Session--Manager noted that the Oregon Supreme Court will be meeting in the Council Chamber on November 1, from 9:30 a.m. to 5:00 p.m. After the session, they will answer questions from law students and others. Manager added that they are meeting in the Council Chamber for the first time I.n File Eugene's history; there is no suitable room in the Federal Building. He noted too that one of the docket items will be the Cross Case. H. Guide to Housing for the Elderly Frail--The guide was distributed -- to Council members by Molly Clarke, chairman of the Housing Sub- committee of the Mayor's Senior Citizen Advisory Committee. Ms. Clarke noted that the advisory committee seeks the needs of the aging as compared to the Aging Commission, which works on the rights of the aging. She added too that City staff person Robin Cushman assisted in the development of the brochure which includes guidelines for rehabilitation of older homes and construction of File new homes for the elderly frail. II. Segregation of Assessment-rSoutheast corner of 43rd and Dillard Requested by Robert Gemmell, 32434 East Deberry Road. Approve Mr. Keller moved seconded by Mr. Haws to approve the segregation. Motion carried unanimously. III. Improvement petition--Paving, Sanitary Sewer and Storm Sewer Within Banks Subdivision--Petitioned by owners of 100 percent of property to be assessed. Mr. Keller moved seconded by Mr. Haws to approve the petition. Motion carried unanimously. Approve IV. Liquor Licenses--Greater Privilege A. Timber Valley Inn, 795 Willamette Street--from RMB to DA, Mildred A. Miller. Approve B. Quigley's Restaurant, 1601 Chambers Street--from RMB to DA, Richard ~ A. Becker. Approve SLfLf Minutes 11/8/76 -8 ~ Staff noted that OLCC is no longer making reports on license changes of this type because the hours of operation for RMB and DA licenses are the same--to 2:00 a.m. Since there would be no different ex- ternal impact, public hearing is not necessary. Council may, however, hold a public hearing at its own discretion. Mr. Murray thought he remembered objections to an earlier application by Quigley's. It was understood more information would be brought to the Council and owners of adjacent establishments would be notified the licenses were to be considered. Mr. Keller moved seconded by Mr. Haws consider both applica- tions on November 8. Motion carried unanimously. V. Appeal from Zoning Code Board of Appeals grant of variance (9/30/76) with regard to lot coverage and six-foot fence withl'se~ack (BLAIN/ UNTHANK, SEDER, POTICHA)-East Skinner Butte Friends an Neighbors Appeal, staff recommendation, and Zoning Board minutes have been Approve distributed to Council members. It was agreed that the appeal would be referred to the Council hearing panel for hearing on November 8, at 6:00 p.m. in the Council Chamber. Mr. Keller and Mr. Haws are the panel members. VI. Proposed Annexations e Recommended by the Planning Commission September 27, 1976. Maps have been distributed to Council members. A. One-acre lot south of West 18th between Bertelsen Road and Four Oaks Grange Road (Dealy) (A 76-10). B. Eighteen-acre lot east of Delta Highway, north of Greenacres Road (Van) (A 76-11). Mr. Keller moved seconded by Mr. Haws to call a public hearing on Pub. the two proposed annexations fo I' November 8, 1976. Motion carried Hearing unanimously. VII. Code Amendment re: Duplexes, triplexes, and four-plexes in RA and R-l zones Recommended by Planning Commission on September 7, 1976. Report has been distributed to Council members. Mr. Saul, planner, noted an error on page 3 of the Planning Commission's OHic ial Report. In Sub Section (4), four-plex should be substituted for single-family. Pub. Hear. Mr. Keller moved seconded by Mr. Haws to call a public hearing on the proposed amendments for November 8, 1976. Motion carried unanimously. VIII. Appeal from Planning Commission denial of appeal on approval of minor partition of property south of Crest Drive and east of Mt. Calvary Cemetery e (Skyline Nine, Inc.) (M 76-50) Submitted by Mary M. Frank, 3325 Olive. Appeal has been distributed to Council members. Further information is to be distributed prior to the Approve pub 1 ic hear ing. 5 L.J- 5 Minutes 11/8/76 -9 Mr. Keller moved seconded by Mr. Haws to call a public hearing for .) November 8, 1976. Motion carried unanimously. IX. Room Tax Allocation Committee Recommendations-September 29, 1976 Staff evaluation and recommendations transmitted with 10/20/76 Committee Agenda. Art Fairchild, Miriam Fulbright and Don David, Room Tax Committee members, were present for consideration of requests held Approve over from the October 25 Council meeting. A. International Arboretum Association-Requested $15,000, Recommended $10,000 Manager noted that staff would like a definite understanding with Lane County as regards the arboretum since the city does not want to end up in a position of having to take over the staffing of a county park area. Mrs. Beal felt that perhaps a contact of that nature should wait until after the November 2 election, since newly elected Commissioners may not have the same views about the arboretum as those who are presently serv1ng. Mrs. Shirey expressed reluctance at approving an application outside the city limits, since there are so many parks and recreation needs inside the city. Duane Hatch, president of I.A.A., said that the park is regional in scope. He added that the park would not be under county ownership, that they are overseeing the coordination and development of the park - area, but that they are not providing funds or personnel. Mayor Anderson feels that an arboretum is clearly a cultural type facility. The city strongly encourages developing international contacts, he said, and the entire idea of the arboretum is to bring trees from allover the world. The facility would be a fine one for both the county and the city. Approve Ole Olson, member of the Arboretum Association Committee, noted that the project is a child of the Mayor's International Cooperation Committee. He said that the Committee has spent a long time looking for an appropriate site and that the proposed site was the only one they found that was large enough to house the facility. Jane Alward, member of the International Cooperation Committee, said that the project will be a great resource for the city and that money will come back to the city. Mr. Keller moved seconded by Mr. Hamel to postpone action, pending information from the County regarding their future participation. Mr. Murray wondered if there was a legal problem with using the funds to hire a developmental arborist. Assistant City Attorney Stan Long said there is a fine line between a contribution and a contract for services. Talking about "seed money" to hire a specialist, he said, takes on the characteristics of a grant. It has the elements of ,- giving aid to an organization rather than purchasing services fo r the use of the public. 511~ Minutes 11/8/76 -10 ~ e Art Fairchild, member of the Room Tax Committee, noted that the association had earlier been given $3,000 and that they had been asked to come back this year when they were ready to use the funds for hiring a specialist. Mr. Fairchild feels that it would be a fine facility which would attract many tourists. Mayor Anderson felt that Council, by its previous actions, gave endorsement to the project and that it faces some commitment. He would hate to see it turned down at a critical point, but he also felt that it was important to get information from the county as to their future participation. Betty Niven said that the question of location is immaterial. The project is still a Eugene one, derived from a Eugene-based commit- tee. She added that it seems to fit the reasonable uses of Room Tax funds. She also said that projects involving some commitment from those who are most interested seem to thrive best; much volunteer assistance would be provided this project by those who are most concerned with its success. Finally, she said, the investment would bring long-term benefit to the city. Mayor Anderson commented that Council should not be so provincial as to say that something outside the city limits will not help the City. e Vote was taken on the motion which carried, Council members Keller, Murray, Hamel, Bradley, and Shirey voting yes, and Council members Haws and Beal voting no. It was understood that legal information would be brought back on the question of whether funds may be used to hire a developmental specialist. B. National Academy of Artistic Gymnastics--Requested $4,000, recom- mended denial Dick Mulvihill, director of the Oregon and National Academy of Artistic Gymnastics, said that the Academy is in dire need of resource funds for purchase of video equipment to facilitate the program. He said the video equipment is not a frill, but rather a need which will enhance the quality of the performances by the gymnasts. He feels that the cultural benefits to the community would be many, including the fact that the Academy is making an effort to bring the Rumanian team to Eugene. Bob Mazany, 2290 Grant, s~~ in favor of approving the Academy's application. Art Fairchild, member of the Room Tax Committee, noted that the application had been denied previously because of its appeal to a relatively small segment of the community. Comments made today, - however, seem more enlightening, Mr. Fairchild said. This applica- tion, he said, would seem to fall into a gray area as regards the rule that the activity must attract the general public. 5~1 Minutes 11/8/76 -11 -, Mrs. Beal felt that the Academy's performances in the Mall could e certainly be considered as attracting the general public. Assistant Finance Director said that staff felt there was some question as to whether funds could be appropriately be used to acquire video equipment. He read pertinent sections of a previous legal opinion concerning guidelines for use of room tax funds. Mr. Keller moved seconded by Mr. Haws to postpone action on the application pending further information on whether the application conforms to the Room Tax guidelines. Motion carried unanimously. C. The Theatre Project--Requested $7,485.76, recommended $5,000. Mr. Keller moved seconded by Mr. Haws to postpone action on the application until the November 3 Committee meeting. Approve Motion carried unanimously. X. Procedural Guidelines for Human Rights Commissions and Human Rights Council Re: Endorsement, lobbying, etc. Memo from Human Rights Council and copy of Council resolution setting out guidelines and requirements with regard to lobbying activities on behalf of the City Council have been distributed to Council members. Approve Since this type of activity would involve all boards and commis- . sions of the city, staff has suggested that a committee be appointed to consider relevant guidelines. Upon staff recommendation, Mayor Anderson appointed Council members Haws, Williams, and Shirey to Approve serve on the committee. George Russell, Human Rights Council Chairman, reviewed the particu- lars of the memo and encouraged Council to consider it in the light in which it was presented. XI.. University of Oregon Campus Tree Planting Program Ms. Genne Lemman explained that the Campus Tree Planting Program is a bicentennial project jointly sponsored by the University Women's Club and the Development Fund. Ms. Lemman said that the project is called 100 Years-lOO Trees. She noted that 205 trees have already been sponsored--by people from Hawaii to New York. Trees have been sponsored for a number of reasons, she said, including memorials, . family trees, etc. She added too that the plantings are of arboretumF11e quality, and she encourages anyone desiring to sponsor a tree to do so in any manner that they feel is appropriate. . 5L18 Minutes 11/8/76 -12 . Committee-of-the-Whole November 3. 1976 -... --- - -- r. Items from Mayor and Council A. Council Tours--Mr. Haws requested that newly elected Council members be invited along on any upcoming Council tours. File B. Traffic Flow at 13th and Alder Mr. Haws expressed satisfaction with the change in traffic pattern at Alder and 13th. He did suggest, however, that a sign be placed File at that corner reminding motorists that traffic is no longer one-way. It was understood that the traffic engineer would respond to Mr. Haws request. C. Election Comments--Mrs. Beal congratulated the newly elected Mayor and Council members. She also expressed appreciation for the efforts of those who will no longer be serving on the Council. Mr. Keller felt that all candidates should feel proud of having participated in an election in which there was so much citizen interest shown. Mrs. Beal suggested that the City pay for lunches of newly elected Council members who come to the Committee meetings. File e It was understood staff would make the proper arrangements D. Committee-of-the-Whole Lunch Menu--Mr. Bradley suggested that staff contact the King's Table to request a more varied luncheon menu. File E. Lane Transit District/Council Meeting--Manager noted that the Lane Transit District has requested a Thursday, December 2, meeting with the City Council to discuss the programs of the transit Affirm district and receive feedback from the City on their progress. F. N.L.C. Voting Delegates-Congress of Cities--Manager noted that normally there is one voting delegate and one alternate for the National League of Cities Conference in November. He noted too that the Mayor will not be going, but that Council members Keller, Bradley and Haws will attend. Mr. Bradley moved seconded by Mr. Williams that Mr. Keller be designated as voting delegate, with Mr. Haws as alternate. Motion carried unanimously. Approve e Minutes 11/8/76 -13 SLf'i G. Airline Negotiations and Airport Operations--Airport Manager Bob Shelby, presented an activity report to Council members. He . noted the increase in aircraft movement. In the last year, there has been a 13.5 percent ~ncrease in aircraft traffic and a 15.9 increase in pass~nger traffic. Mr. Shelby added that, s ~nce 1970, airport operations have been supported from revenues. The airport has not, however, reached the point where revenues support the bonds that finanCe the building and the 1969 strengthening of the runway. Mr. Shelby went on to say that recent federal legislation for airport improvements has increased the federal matching share to 90 percent, wh ich is good through September 30, 1978. On October 1, 1978, Ithat matching share will decrease to 84 percent. He added that th~ new legislation allows airport owners to accumulate Federal allocations for up to three years. Mr. Shelby said that the City has been engaged in an effort to reopen airline agreements that run to September 1, 1979. Discussions have been held with both airlines as to their equipment needs and how they would be willing to participate through increased rates and charges. Positive information should be forthcoming to Council File in approximately'thirty days on the status of those negotiations. H. Opinion Survey on Budget Priorities--Community Relations Director Alice Rutter reported that she has talked with Oregon Research Ins t itute regarding a possible survey of citizen attitudes about level of service that would provide guidelines to the Budge t Committee. Such a survey would dictate the need for pr ioritizing e citizen interests and concerns. As an example of questions, if more services~are desired, then citizens should be asked by which method they would most like those serv~ces provided--increase in property tax, ,business tax, refund of State income tax, utility tax, etc. Addit:lonally, the survey should be conducted as close to budgeting dec~sion time as possible. Ms. Rutter went on to say that ORI would not favor a mail survey since it is not representa- tive enough. Th~ir recommendation is to do 1,000 door-to-door interviews that ~ould take up to one hour each. She said that it would be economically better to use City staff as much as possible, as well as University students. The survey should be valuable both as a teaching device and as an information gathering process. If the survey is;successful, she said, it could be conducted biennially, tying it in with state and national indicators. Ms. Rutter said staff would recommend that the survey be conducted by professional researchers, thereby diminishing the amount of unusable material collected. She said that ORI has a fine reputa- tion in the field, and there are good researching firms in Portland and Seattle as well. Mr. Williams commented that his survey experience indicated that a small sampling proves most effective, if properly spread across the community. He also felt that it would be worthwhile to ask someone not interested in providing the service, but who has expert ise in the field of surveys, how best to proceed. File - Minutes 11/8/76 -14 330 In answer to a question from Mr. Haws regarding cost, Ms. Rut ter e answered that, for 1,000 interviews of one hour each, the cost would be approximately $6,000 to $12,000. Mr. Brad ley wondered if competitive bidding procedures would be necessary in selecting the firm to conduct the survey. It was understood that the city attorney's office would research that question. Mr. Murray expressed reservations about what the survey would actually accomplish. He felt it would be difficult to ask for opinions on a program-by-program basis. Ms. Rutter felt that citizens should be asked what programs they would be willing to give up if the budget were cut. By the same token, they should be asked what extra programs they would like to have implemented if possible to do so. The advantage of an interview, she said, is that the interviewer can use judgment and questions to facilitate citizen understanding. Manager commented that staff should proceed with a definite proposal, and he wondered if Council members would want to participate in the selection of questions. Mr. Williams felt that Council might want input on areas in wh ich it wants to get knowledge, but that it should not have a hand in framing the specific questions. I. Hearing on minor partition of property south of Crest Drive and east of Mt. Calvary Cemetary-(Skyline Nine, Inc.)(M 76-50) e Appeal submitted by Mary Frank from Planning Commission decision to uphold staff approval of a minor partition on Crest Drive. Manager advised that the advertising deadline for the hearing has not been met and requests setting the hearing for a later date. Mrs. Bea1 moved seconded by Mr. Williams to reschedule the Approve public hearing for November 22. Motion carried unanimously. J. Shade Oaks Water Extension Litigation--Manager advised that, by next Monday, discussion could be held on this pending litigation. He suggested a brief meeting between Council and City Attorney. Mr. Haws moved seconded by Mr. Williams that the Council meet in executive session on the matter at 7:00 p.m. on November 8, before the regularly scheduled Council meeting. Motion Affirm carried unanimously. II. Liquor License-The Refectory, 2200 Centennial Boulevard (new)(DA) Saga Enterprises, Inc. Mrs. Beal moved seconded by Mr. Bradley to call a public Public hearing for November 8, 1976. Motion carried unanimously. Hearing 4 Minutes 11/8/76 -15 55/ - e III. "No Through Trucks" Proposal for Royal, Elmira, and Roosevelt--Memo, report, and map have been distributed to council members. Mrs. Beal moved seconded by Mr. Haws to call a public hearing for November 8, 1976. Mr. Haws wondered what would be accomplished by this truck ban. Public Works Director responded that it would result in approximately a one-third reduction in truck traffic in the area if successfully enforced'. Traffic Engineer Al Williams noted too that many trucks using these streets are bypassing the County weigh station on 11th. Obviously, he said, trucks cannot be completely banned from the streets because some have to get through for delivery purposes, etc. He added that implementation of the proposal would alleviate the situation somewhat, but that it would not eliminate the trucks causing most of the problems. Only the people living on the street will be able to say if implementation of the proposal does, in fact, have a significant and positive effect. Traffic Engineer said the ban will provide some relief without a great deal of cost. The ban is intended to continue until completion of new street construction. As Mr. Haws understands it, the area in question is not designed to handle log trucks; and he wondered about a ban on those trucks also. Mr. Bradley moved to amend the motion seconded by Mr. Haws ~ that the public hearing be scheduled for November 22, and that .., it include a presentation concerning total truck prohibition, possibility of including other streets in the "no through truck" designation, or any other possible options. Traffic Engineer noted that staff does not recommend banning all trucks. He said he would have a problem with banning log trucks unless a weight limit was included. Councilman Williams said he is not convinced a public hearing should be held when the desired plan is so vague. Mr. Bradley said his intent was to consider all options at public hearing time so as to have opinions from those businesses who might object. Mrs. Shirey said she would like to hear feedback from these businesses as to what truck traffic prohibition would mean to them. Vote was taken on the amendment which carried, all Council members present voting aye, except Mr. Keller and Mr. Williams voting no. . Vote was taken on the motion as amended which carried unanimously. Approve -- 55~ Minutes 11/8/76 -16 . e IV. Room Tax Committee Recommendations-September 29, 1976 A. International Arboretum Association-Requested $15,000, Committee Recommended $10,000 Manager noted that Parks Director Ed Smith has spoken with the County and found that they have no plans for future funding of the arboretum project east of Goshen. Mr. Smith has suggested tabling the matter so that he can meet with an Arboretum Association representative and the County to determine a possible program. Manager also noted that the city attorney has reservations about the application in its present form , since there is no contractual arrangement which he feels meets the legal requirements of providing a service. Mr. Murray wondered what process is followed at time of application, whether a staff person ever actually explains step-by-step how an application should be filed. Assistant Finance Director explained that the applicant is given a form to complete and is also given a copy of the room tax guidelines. Finance Director also stated that the questions in the application are forthright so as not to cause twisting of the applications. Mrs. Shirey and Mr. Keller both expressed the feeling that, if the e application is not in order, it should be denied and the applicants should reapply. City Attorney noted that there is no waiting period for reapplication, and Mr. Fairchild of the Room Tax Committee said that the next meeting would be in December. Mr. Hamel moved seconded by Mr. Williams to deny the application without prejudice. Motion carried unanimously. Approve B. National Academy of Artistic Gymnastics--Requested $4,000, Committee Recommended denial This application as well as that for the Theatre Project was con- sidered in light of the discussion on the Arboretum application. Approve Mr. Hamel moved seconded by Mr. Williams to deny the application without prejudice. Motion carried unanimously. C. The Theatre Project--Requested $7,485.76, Committee recommended $5,000. Jeff Bingham of The Theatre Project said that, if the application is denied, he will lose his staff person. He said his application tended to sound as though funds would be used for a feasibility study when, in reality, the project is going at full strength. Mr. Bradley moved to direct staff to look into the entire area of room tax procedures and come back to Council at a - future date. There was no second. Minutes 11/8/76 -17 553 " . ---_.- - Mr. Keller noted that the committee working on the room tax procedures will include discussion of application procedures when they meet with the Room Tax Committee. Mr. Hamel moved seconded by Mr. Williams to deny the application without predudice. Motion carried, all Council members present voting aye except Mr. Haws and Mr. Bradley abstaining. Appl.'oeve v. Zone Change Request for Eugene Armory--The Historic Review Board has requested initiation of an H Historic zone change for the armory and review with the City Attorney any legal bases on which demolition can be halted. Memo of October 29, 1976, from Jan Muller, chairperson of the Historic Review Board, has been distributed to Council. Manager explained that, at Council's October 27 instructions, staff went to the County Commissioners asking them to hold a public hearing and take testimony before proceeding with demolition. That action was too late, demolition had begun. Brad Perkins, 29668 Gimpl Hill Road, encouraged Council to take some action and mentioned that Mr. Muller and Mr. Gannon also had comments. However, Mr. Haws wondered what the Council could do at this stage even if it wanted to save the Armory. Assistant City Attorney Stan . Long explained that the attorney's office has no role in the matter at this point since there have been no violations of city policy. Should Council wish to pursue the matter, the attorney's office would have to look for possible violations. Jan Muller, 1670 Fairmount Boulevard, said that, as he understands it, demolition at this point is concerned only with the outer appendages . of the building plus the stage. Mr. Brad ley wondered if the site could be rezoned to an historic site, with provisions stipulated as to what is buil t there, including even the requirement that the Armory be rebuilt. He also wondered if the City Council and Planning Commission could jointly meet to determine if, under the code, it is an historic site. Assistant City Attorney responded that a joint meeting would be possible but would require amending the code to permit what was suggested. In addit ion, there ws the time element of giving notice of such intent. He also said that land rarely has historic significance, ~nd there would be no hope of requiring the county to build a particular building on the site. Mr. Murray asked if the resolution adopted by the Council 1.n 1974 requesting the county to do its utmost to preserve the Armory would have any significance. Assistant City Attorney commented that . Minutes 11/8/76 -18 55lf . - the existence of that resolution does not make a legal difference, but the existence of Council's position on the armory could be sufficient to conclude that Council could act on the matter. Councilman Williams wondered if, under Fasano stipulations, Council could initiate a zone change and then sit in a quasi-judicial role. Assistant City Attorney said that would be legal. He said that the Attorney General has earlier issued an opinion discussing a doctrine called the "role of necessity." It states that, if all on a govern- ing body have a disability so that nothing can be done, that disability is declared and made a part of record and the role can be assumed in order to make the government function. Mrs. Shirey wondered how an injunction could be obtained. Assistant City Attorney responded that it would be necessary to find some error in the demolition contract award and, too, there would be some liability if an injunction was wrongfully obtained. The Ci ty would be liab Ie for damages. Council President Keller then recognized those wishing to comment, and Mike Gannon, 3006 Willamette, said that the Armory is a focal po in t for many in the community. "It is the last remaining structure from an era before all of us, and it is important to the mental -- health of many seniors", he said. Jan Muller, Historic Review Board, said that they are simply asking Council to direct the City Attorney's office to investigate the legal basis for stopping demolition. He added, too, that the State has advised them that the Armory might be eligible for the National Historic Register. Depending upon how long it would take the attorney's office to work on the matter, Mrs. Shirey wondered if there would be enough left of the Armory to save. Assistant City Attorney said their office would complete the task as soon as possible, and he raised the point that they may not even be able to find a cause for stopping the demolition. Mr. Keller stated, that, even if Council chooses not to take any action, he wanted those concerned to realize that Council does not take the matter lightly but, rather, that time is the enemy in this case. Mr. Haws moved seconded by Mr. Williams to adjourn the meeting. Mot ion carried, all Council members present Approve voting aye except Mr. Bradley voting no. Mr. Haws moved, seconded by Mrs. Beal, to approve, affirm, and fi Ie .- as noted Items A through R of October 27, 1976 committee and Items A through 0 under November 3, 1976 commi tte'e. Rollcall vote. Motion carried unanimously. Minutes 11/8/76 -19 555 . IV. Resolutions - Res. No. 2589 - Authorizing payment of bills, claims, and progress payments for period October 25 through November 8, 1976 was read by number and title. Mr. Haws moved, seconded by Mrs. Beal, to adopt the resolution. Rollcall vote. Motion carried unanimously. Res. No. 2590 - Calling hearing November 22, 1976 re: Permi t for use of trailer as mobile home sales lot office at 4625 West 11th Avenue (northwest corner 11th and Beltline Road) (Virginia Spears) was read by number and title. Mr. Haws moved, seconded by Mrs. Beal, to adopt the resolution. Rollcall vote. Motion carried unanimously. Upon motion duly made, seconded and passed, the meeting was adjourned to No'!ember 22, 1976. ~)~ e Charles T. Henry City Manager e Minutes 11/8/76 -20 55~