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HomeMy WebLinkAbout12/13/1976 Meeting , MINUTES EUGENE CITY COUNCIL De cember 13, 1976 e - Regular meeting of the Common Council of the City of Eugene, Oregon, was called to order by Council President Gus Keller presiding in the absence of Mayor Anderson at 7:30 p.m. on December 13, 1976, in the Council Chamber with the following Council members present: Eric Haws, Wickes Beal (arrived late), Tom Williams, Neil Murray, Ray Bradley, D. W. Hamel and Edna Shirey. I. Public Hearings A. Vacation of alleys between 6th and 7th, Willamette and Oak (ERA)(AV 76-1) Recommended by the Planning Commission on August 23, 1976. Mr. Saul, Planner, said the block is slated for hotel development if a developer can be found. The purpose is to provide an entire block of consolidated ownership. Concerns by Pacific Northwest Bellon relocation of phone lines, etc. have been resolved. Public hearing was held with no testimony presented. Council Bill No. 1299 - Vacating alleys between 6th Avenue and 7th Avenue and between Willamette Street and Oak Street was read by council bill number and title only, there being no council member present requesting that it be read in full. e Mr. Haws moved seconded by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Motion carried unanimously. The bill was read the second time by the bill number only. Mr. Haws moved seconded by Mr. Hamel that the bill be approved and given final passage. Roll call vote. All council members present voting aye, the bill was declared passed and numbered 17812. B. Liquor License - New - Dietrichls Smoke House Restaurant: 2674 Roosevelt Dietrich and Hildegard Illmann - Retail Malt Beverage (RMB) Staff has no objections to approval. Mr. Haws moved seconded by Mr. Hamel to recommend approval and forward to OLCC. Motion carried unanimously. II. Items to be acted upon with one motion after discussion of individual items as requested. Previously discussed in Committee-of-the-Whole on November 24, 1976 (Present: Council President Keller (presiding), Beal, Williams, Murray, Hamel and Shirey); December 1, 1976 (Present: Council President Keller; Beal, Williams, Murray, Hamel and Shirey); December 8, 1976 (Present: Council President Keller; Council members Haws, Beal, Williams, Murray, Bradley, Hamel and Shirey). Minutes of those meetings appear below in different type print. e 585 12/13/76 - 1 November '<:4, l~ 10 l..onUlll.l:l:ee -.... r. Items from Mayor and Council A. Sidewalk Leaves--Mrs. Beal has received complaints that some residents are creating a hazardous situation by not removing -- leaves from their sidewalks. File It was understood staff would publicize that residents are responsible for removing their own leaves. B. ''Dragging the Gut" Committee--Mrs. Shirey reported that the "Gut" Committee had met on November 23. She requested represen- tation from the newly created Youth Commission at future meetings. It was understood that staff would contact the Youth Com- File mission for a representative. C. Assessment Study Committee Meeting--Manager announced a meeting of the Assessment Study Committee for Honday, December 13, at 2:30 p.m. The committee consists of Council members Shirey, Hamel and Beal, Mayor Anderson, Public Works and Finance staff and the File City Manager. D. Legislative Procedures Review Committee Meeting--Subsequent to a request by the Human Rights Commissions to lobby on state legis- lative matters, a committee was formed to develop procedures for all boards and commissions becoming involved in state legislative matters. Manager suggested a meeting of the committee for December 1 at 11 a.m. Mr. Williams mentioned that a resolution previously adopted by Council directed that the City speak with one voice on - legislative matters and that how it speaks should be determined by Counc il. He also recalled an amendmen.t to that resolution which File would allow staff to authorize submission of testimony to the legi- slature with copies to Council members for their apprisal. E. Report on City Hall/Courthouse Bridge Specs and Problems--A report was provided on the pedestrian bridge spanning Pearl Street, between - City and County offices, in response to a request from Mr. Haws who felt that the bridge was an eyesore. It had been determined by archi- tects that the clearance of the bridge should be between 15 and 16 fee t. The use of laminated wood beams would have extended the bridge so far as to encroach on the landings on both sides of the street. An alternative of placing steps on either plaza was determined to be unsatisfactory as regarded accessibility for the handicapped. It wa s therefore the decision to construct the bridge of steel. When bids --~ 12/13/76 - 2 S8(P were brought back, there was a $5,000 increase from the original e price. Manager noted that there have been mixed feel ings on the aesthetics of the bridge. Comments have been made about the color, and there has been some talk of extending the wood-railing theme of the Public Service building. Manager said Council should dec ide whether to request the County to make some changes. Public Works director recommended leaving the bridge as is for a time. He also oentioned that the architect felt the bridge blended in with the surrounding buildings and did not appear to be a main struc ture. Mr. Hamel stated that Council should have been apprised when the change was made from laminated wOod beams to steel. File It was understood that Public Works director would provide Council with cost estimates on possible improvements to the bridge, including the addition of wood or paint; in answer to a request from Hrs. Beal, the cost of removing the bridge also will be pro- vided, although Public Works director feels that option would be economically unsound. F. Boards and Commissions Appointments--Discussion on this matter was carried over from the November 22 Council meeting. By memo of November 19, and in the hope of facilitating appointments to boards and commissions, manager had suggested that, in all cases where reappointments are in- e vol ved, the present Council reappoint all such persons who have indicated their willingness to continue service. There would then remain only four Council-appointed vacancies as of January 1, 1977 . In one such case, there is only one candidate--Mrs. Beal fo r the Commission on Aging. Since there is only one candidate, under the present Code that appointment could be made now by the present Councilor later by the new Council without making any difference. As regards vacancies on three other commissions, manager felt the commis- sions could function adequately if the reappointments were made and the remaining three vacancies were filled a month or two later. Mrs. Shirey felt that, in order to preserve continuity, she would favor filling the vacancies as soon as possible. She favors involving the new Council but would hope that they could make the appointments this month. The present Council could then confirm any action taken. Scott Lieuallen, Council member-elect, said the present Council was elected to serve through January 1 and should act accordingly. He does not like the idea of a lame-duck council. Council member-elect abie, on the other hand, feels a need to be involved in the process. - In answer to a question from Mrs. Beal on whether those reapplying have to be interviewed, assistant city attorney responded that, where the City Code says finalists must be interviewed, that would seem to indicate that all candidates must be interviewed. The Code stipulates that finalists must be interviewed only with respect to the Human Rights Commissions. He suggested that, if the Council is interested in making appointments now and if the process will involve a committee, e 5f7 12/13/76 - 3 there is no reason not to let that committee address the question of ~ how appointments will be made. When they report back will determine Af which Council makes the appointments. G. Meeting Dates--Manager announced a Lane Transit District tour at 4:00 p.m. on December 2; Budget meeting at 7:30 p.m. December 2; and new Council members I briefings December 1 and 15, from 2:00 File to 6: 00 p.m. II. Jefferson Area Neighbors Charter Approval--Letter from David E. Munz and proposed charter have been distributed to Council members. Mr. Munz stated that the adopted boundaries are Willamette Street on the east, Chambers on the west, 13th on the north, and 18th on the south. He feels that the group will be a very volatile, involved organization. Mr. Murray moved seconded by Mrs. Beal that the City Council Approve approve the charter. Motion carried unanimously. III. Status of Refinement Plans--Report of November 18 from the Planning Department has been distributed to Council members. The report was prepared in response to Councilman Murray's request for information concerning the status of various refinement plans. The report details progress made on various refinement plans and also points out that the work load of the Planning Commission and staff is such that these neigh- borhood plans cannot be scheduled for immediate consideration. Mr. Murray questioned the distinction between a refinement plan and a neighbor- e hood plan. Planning director responded that a refinement plan is one in which a governmental agency has determined a need to have greater data or detail and has funded a plan through governmental action. A neighbor- hood plan is more of a plan generated by the neighborhood itself. He added that a neighborhood plan could, in fact, be a part of a refinement pI an . Mr. Murray wondered if neighborhood plans are intended to come before the City Council. Planning director responded that that is the question being asked in the report--how are the plans dealt with when agendas are so full already. Affirm Mr. Murray hoped that the Planning Department report would be given to neighborhood groups. He expressed personal frustration because neighbor- h~od groups do not know what is going on with their plan. Mrs. Shirey expressed concern that a neighborhood group could work for two years on a particular plan which would end up being a waste of time if the City Council cannot address it. She feels that the groups need an honest view of the future. Planning director felt that, if policies accepted by a neighborhood group are important, they do not have to have the blessings- of the City Council before using them. Many decisions can be made in neighborhoods that do not require City Council action, he said. He added that, in refinement plans, certain minimum things are required. There are certain budgetary limitations, and the City Council and Budget Committee are the bodies to allocate those resources. Mr. Williams feels that the discussion deals with more than simply refinement plans. "It deals wi th the amount of controlled documents that we as a society are requiring. We ~ have to look at the attempt to control every aspect of human behavior," he ,_ Sgg 12/13/76 - 4 e said. Mrs. Shirey, on the other hand, feels that people are saying they want to have a hand in what is going on and, in establishing goals and controls. Mr. Saul said it would be staffls hope to have the Council discuss the matter jointly with the Planning Commission. It was understood that the report would be forwarded to neighborhood groups and that a joint meeting would be scheduled between the City Council and the Planning Commission. Mrs. Campbell, neighborhood liaison, also suggested that neighbor- hood group representatives be included in any joint discussion. IV. Procedures for Action on Hetro Sewer Commission Recommendations and Joint Powers Sewerage Agreement--Information was distributed to Council November 17, 1976. Manager noted that the County approved the recommendations IIthis morning" and it is hoped that all three juris- dictions (Lane County, Springfield, and Eugene) will approve the recom- mendations before the end of the year. The recommendations involve abandoning the Springfield plant and expanding the Eugene plant to serve the entire metropolitan area and approving a tripartite agreement detailing this project's administration. Manager suggested devoting the December 1 Committee-of-the-Whole meeting to discussion of the recommendations. File It was understood that the December 1 Committee meeting would be devoted to discussion of the matter. e V. Vehicular Access Problems in New Subdivisions, partitions, and Other Development on Unimproved Streets--Public Works Department memo of September 23, 1975, as well as June 1, 1976, memo from the City Attorneyls Office have been distributed to Council members recommend- ing code amendments that would address the access problems noted. Mr. Hamel moved seconded by Mr. Murray to refer to the Planning Commission recommended amendments to Sections 9.060 and 9.087 of the Eugene Code. Motion carried unanimously. Approve VI. Request for $15,000 from General Fund for Rehabilitation of Eleven City-owned Properties--HCDC official report and excerpt of HCDC minutes of November 9, and HCC memo of November 19 have been distributed to Council members, recommending transfer of funds for housing rehabili- tation. Approve Mr. Murray moved seconded by Mr. Hamel that Council authorize ,- the transfer of $15,000 from the General Fund to fund rehabili- tation of 11 City-owned properties. Motion carried unanimously. e 589 12/13/76 - 5 I December 1, 1976, Committee I. Items from Mayor and Council . A. Code Amendment Re: Christmas Tree Lots--Mr. Murray wondered if affected property owners had been notified about the zoning code change in regard to Christmas tree sales on residential lots. File It was understood that the Public Works staff would follow through on the matter. B. Fairway Loop Traffic Changes--Mr. Hamel thanked staff for what appears to be a successful directional change in the traffic File pattern on Fairway Loop. C. Councilman Williamsl Appreciation to Staff--Mr. Williams . expressed appreciation to staff for their high level of coopera- tion in working with Williamsl Bakery on their building develop- File ment plans during the last five months. D. Traffic Engineer Resignation--Mr. Henry announced the resignation of Al Williams, traffic engineer, who has taken a position as public works director in Hoquiam, Washington. He will be leaving in January. Mr. Williams said he very much appreciated Approve the professional relationship with this and past Councils over the past eight years. He also expressed appreciation for the many hours of work put in by the Downtown Development Board. Mr. Murray moved seconded by Mr. Hamel that Council .it direct staff to prepare a highly laudatory resolution to Mr. Williams, expressing also profound gratitude for Mr. Williams I capacity to give straight answers. Motion carried unanimously. E. Meeting Dates--Manager announced that the December 8 dedication of the new parking structure may have to be postponed because of problems with the painting of the structure. He also annouced a Council orientation session for "today" in the McNutt Room from -- 2:00 p.m. to 6:00 p.m. A second Council orientation will be held on December 15 from 2:00 p.m. to 6:00 p.m., also in the McNutt File Room. A tour will commence at 4:30 p.m. on that day and dinner will follow for new and old Council members. ~ 5'10 12/13/76 - 6 e F. Legislative Matters Guideline--Mr. Williams. Mr. Haws. and Mrs. Shirey have been appointed to a committee to develop legislative lobbying guidelines in answer to a request by the Human Rights Council for direction on lobbying matters for boards and commissions. Though Mrs. Shirey will not be on the Council after the first of the year. she agreed to remain on the committee since Mr. williams felt that the necessary work .~.:.... could be accomplish~d by the end of the year. It was understood that Mr. Williams. as chairman of the File committee. would call a meeting after Mr. Haws returns to town . G. Budget Committee Appointment--Council member-elect Betty Smith recommended the reappointment of Boyd Engelcke to the Budget Committee from Ward 2. Council member-elect Scott Lieuallen has recommended appointment of Jerry Wilson. 670 W. Broadway. to the Budget Committee from Ward 7. Mr. Williams moved seconded by Mr. Hamel to approve the appointments. Motion carried unanimously. Approve H. LTD Tour-~Manager reminded Council of an LTD tour at 4:00 p.m. "today". Those attending are to meet at 10th and Willamette at the bus' stop. File e II. Segregation of Assessments . A. Southeasterly side of Fox Hollow Road at Dillard Road--Entec Inc.-- Larry Beggs, 860 Olive Street. Approve B. South side of Clinton Drive east of Debrick Road-~Dennis J. Baase, . 220 Clinton Drive. . Approve Mr. Williams moved seconded by Mr. Hamel to approve the segregations. Motion carried unanimously. III. Zone Change--South of Southeast Corner of 29th and Willamette--A & W Root Beer-from RG to C-2 SR (Z 76-20) Planning Commission in joint meeting with the Council on October 18, 1976. reaffirmed its recommendation for approval. Map has been distributed to Council members. Affirm Mr. Hamel moved seconded by Mr. Williams to place the -- matter on the December 13 Council agenda. Motion carried unanimously. IV. Distribution of Boards and Commissions Appointments Resumes--Council members and Council members-elect have received packets which include resumes of applicants for vacancies on HCDC and Aging. Handicapped. Minorities. and Womenls Commissions. File - 5'1 I 12/13/76 - 7 v.: Metro Sewer Advisory Commission Recommendations and Joint Powers . Sewerage Agreement Information submitted previously. Amendment to the Metropolitan Sewerage Agreement has been distributed to Council members; however, Manager explained that it was not to be considered at this time. The recommendation of the Metro Sewer Advisory Commission was to adopt a proposed agreement between the three governing bodies as well as Alternative #2 which would abandon the existing Springfield waste-water treatment plant and upgrade and expand the existing Eugene waste-water treatment plant to form a single-regional fac it i ty . Al Wright, L-COG 208 project director, noted that many studies have been conducted in the last eleven years in the hope of coming up with viable sewage treatment alternatives. He said the EPA awarded a 208 Grant to L-COG, one requirement of the grant being to remove the sewerage problem; therefore, L-COG provided funds to the Metropolitan Sewer Advisory Commission to work on the matter. Two aspects of the program, he said, were the governmental arrangement by which a system would be implemented and the financing of the program. He added that one requirement of the grant was to look at the matter on a regional basis, taking into account all of the area within the urban service boundary, including the River Road/Santa Clara area and north Springfield. Under Federal guidelines capital e costs plus operation and maintenance costs must be assessed for a period of at least 20 years. All alternatives considered would be expensive to operate and maintain. The Federal Government would pay 75 percent of capital costs; local governments would then be responsible for 25 percent of the capital costs plus 100 percent of the maintenance and operating costs. Mr. Wright said that the five alternatives considered, and their costs were: (1) upgrade and expand both existing waste-water treatment facilities to form dual-regional facilities (capital cost--$52 million, operating cost--$24 million); (2) abandon the existing Springfield waste-water treatment plant and upgrade and expand the existing Eugene waste-water treatment plant to form a single regional facility (capital cost--$54 million, operating cost--$18 million); (3) upgrade and expand both existing waste- water treatment plants and construct a third facility to serve the River Road/Santa Clara area (capital cost--$55 million, operating cost $27 million); (4) abandon both existing waste-water treatment ,- .' 5~,d.- 12/13/76 - 8 , e plants and construct a new single regional facility (capital cost--$68 million. operating cost--$18 million); (5) expand, but not upgrade. both existing waste-water treatment plants, construct a new tertiary facility to treat the secondary effluent of the Urban Service Area, and construct a secondary facility at the site of the tertiary facility to serve the River Road/Santa Clara area (capital cost--$76 million. operating cost--$26 million). Mr. Wright said that the Metropolitan Sewer Advisory Commission favored a Joint Powers Agreement under which a commission would be appointed, made up of elected and appointed officials. to operate and maintain the plant. The commission would hold 15 percent of the capacity of the plant in reserve for future distribution to compensate for population gains or losses. Additionally, a county service district would be formed which would have limited powers to tax and hold bond elections; all other authority would rest with the Commission. The initial bond election would be for about 17 or 18 million dollars. The minimum tax rate is estimated at about 63 cents per thousand. Mr. Williams moved seconded by Mrs. Beal to approve the recQmmendations of the Metropolitan Sewer Advisory Commission conditioned on the approval of the other two governing bodies. Mr. Hurray wondered about the advisability of having a public e hearing before adopting the recommendations. Manager responded that there have been several public hearings and it was felt the matter should be brought to a close. He added there will be future public discussions regarding the bond financing, etc. Mr. Wright also added that the Commission conducted several public hearings--two in Eugene. two in the River Road/Santa Clara area, and two in Springfield. In addition. formal hearings under EPA guidelines were held in Eugene. Springfield. .and River Road/Santa Clara. Since Springfield favors Alternative #1, Mrs. Shirey wondered about the difference in cost between #1 and #2. Manager responded that. under Alternative #1, the typical single-family property in Eugene would pay $75.30 per year and in Springfield they would pay $83.10 per year. Under Alternative #2, Eugene single-family units would pay $66.30 per year and in Springfield they would pay $67.80 per year. Mrs. Shirey felt the public should know the difference in costs between Alternatives #1 and 12. ,- e SQ3 12/13/76 - 9 Public Works director felt it should be on record that Alternative ~ 14 would have been the proper way to go had money not been an ~ issue; He feels that 14 will eventually have to be considered unless there are other methods for treating sewage are developed at some future time. However, he was convinced by financial experts that Federal participation would not be forthcoming if Alternative Approve 14 were selected, and that reason was instrumental in not recommending Alternative 14. It did not have anything to do with preference on a local basis. Vote was taken on the ~otion which carried unanUnously. Mr. Williams moved seconded by Mr. Hamel to authorize Manager to execute the tripartite agreement with Springfield and Lane County. Motion carried unanimously. December 8, 1976, Committee I. Items From Mayor and Council A. Metropolitan Plan Policy Committee report--Mr. Bradley distributed a November 23 memorandum to Council, reporting on the progress of File the MPPC. It was understood that the report would be discussed at the December IS Committee meeting. B. Council Dates--Manager announced an ad hoc committee meeting on . substandard housing for "today" at 2 p.m., involving Coun:i1 members tit Beal, Haws, and Hamel. It was also understood that Councll members would meet to discuss Commission appointments on December 15, at File 7:30 p.m. at the conclusion of the new and old Council members I dinner. Committee-of-the-Whole meetings will be held on December IS and 22, with no meeting on the 29. Additionally, following the Council meeting of January 3, Mayor-elect Keller will host a reception at his home for both new and old Council members. Finally,Mr. Williams will hold a subcommittee meeting on the development of legislative guidelines Monday, December 13, at noon at City Hall. The Committee includes Council members Haws and Shirey. C. Assessment Procedures Meeting--Public Works Director advised that the Assessment Study Committee had requested the staff to develop a systems development charge ordinance for street, sanitary sewer, and storm drainage facilities. The public works staff has a rough File draft of the ordinance prepared and it is in the review process by other departments. He therefore suggests postponement of further assessment meetings until January 10. D~ Public Service Building Dedication--County Commissioners will be on hand Nonday, December 20, at 9: 30 a.m. for dedication of the new public service building. They would also like to dedicate the city-county pedestrian bridge at the same time, hoping that Mayor-elect Keller will be present at the bridge. The County will File issue an official invitation in February for a grand opening and e tour through the entire building. E. Willamette Gut Committee Appointment-~1anager announced the appoint- ment of Carol Lee, of the Youth Commission, to serve as a represen- tative from that group on the Willamette Gut Committee. Julie Approve SG\l\ 12/13/76 - 10 ~ Rutledge will be the alternate to that Committee fr~m the Commission. e Mr. Haws moved seconded by Mr. Hamel to confirm the appointments. Motion carried unanimously. F. Assessment Hearing Panel--December 6, 1976 Present: Council members Keller and Haws. City Engineer Teitzel A. C.B. 1292--Levying Assessments for paving Waite Street from Bell Avenue to Elmira Road (76-02) Approve Written protest was received from Les Wright, 662 Waite Street. Requests to be heard were received from Mr. Wright. Leonard Jensen of 542 Waite Street, and Richard Happe of 631 Waite Street. Mr. Happe did not appear. Mr. Teitzel explained that this project was initiated by petition of 65 percent of the property owners. The est imated cost to the property owners was $17.50 per front foot with a concrete driveway cost of $1.32 per square foot. The final assessment cost was $16.06 with a driveway cost of $1.35 per square foot. Mr. Haws inquired how it could be possible for the actual front foot cost to go down from $17.50 to $16.06 when the contract cost had gone up from $25.500 to $27.000. Mr. Teitzel explained that the $17.50 figure includes e a 10 percent contingency factor. He further explained that the bid figure of $17.50 per front foot was a good price, becauge it had been anticipated that 1976 paving costs would run approximately $20 per front foot. Les Wright stated that he feels responsibility in the situation because he had circulated the original petition and when the price was quoted for driveway and apron removal and replacement. he and Mr. Jensen had pursuaded other property otmers on the street to accept the paving project because the cost was good. He further stated that he was very surprised when his driveway cost him $688.15. Leonard Jensen reiterated Les Wrightls objections concerning no one explaining extra costs for driveway replacement. Mr. Jensen stated that with the figures he had received he figured his assessment would be $1427 and his actual assessment was over $1600. Mr. Teitzel showed the council members a copy of an excerpt from the minutes of the council meeting of April 12. 1976, wherein a tabulation of costs on this project inc luded a figure of $1.32 for driveway costs. Mr. Teitzel further explained that standard practice is for driveway removal to be considered a part of the project and to be assessed throughout the project. He further explained that the cost of replacing any surfacing is directly assessed to the property owners. e 1'2/13/76 - 11 5'15 Discussion followed concerning the information given to property owners regarding the driveways and how they would be assessed, e the number of them on the project and how the bids were taken. Nr. Wr ight quest ioned whether the $1.32 per square foot drive- way cost was actually mentioned in the reading of the bids as it was listed in the minutes of the Council meeting. Recommendation: That the assessment be levied with contingency that Mr. Wright and Mr. Jensen, or representatives, appear at a designated time to hear a recording of the Council meeting of April 12, 1976 and if the tape indicates the $1.32 per square foot driveway cost is included, that the assessment be approved and if this figure is not on the tape, then the assess- ment be rescheduled for hearing. B. C.B. 1293--Levying Assessments for Paving Sarah Lane from Bonnie View Drive to 200 feet north (76-03) No written protests or. requests to be heard were received. Approve Recommendat ion: Levy assessments as proposed. C. C.B. 1294--Levying Assessments for Paving, Sanitary Sewer, and Storm Sewer within Royal View Subdivision (76-13) No written protests or requests to be heard were received. Approve Recommendat ion: Levy assessments as proposed. e As there was some controversy over C.B. 1292, Public Works Director felt it would be best to rehear that bill at the panel level. Mr. Haws moved seconded by Mr. Hamel to refer C.B. 1292 back to the assessment panel and that Council approve C.B. 1293 and C.B. 1294. Motion carried unanimously. II. Liquor License Applications A. Change ofownership--Samls Place, 825 Wilson Street (&~B), Dorothy J. Raymond and William H. Fleming. Approve Mrs. Beal moved seconded by Mr. Haws to recommend approval of ' the change of ownership. Motion carried unanimously. B. New outlet--Dietrichls Smoke House Restaurant, 2674 Roosevelt Boulevard (RHB), Dietrich and Hildegard Illmann. Approve Mrs. Beal moved seconded by Mr. Hamel to call a pub lie hearing for December 13. Motion carried unanimously. e 12/13/76 - 12 Sqb ~ III. 'Segregation of Assessment e East side of Bailey Hi 11 Road 400 feet south of West 11th, Lonnie Snow for Miles-Hiatt Investments. Nrs. Beal moved seconded by Mr. Haws to approve the Approve segregation. Motion carried unanimously. IV. Vacations Recommended by Planning Commission October 25, 1976. Maps have been distributed to Council members. A. North/south alley between Olive and Willamette south of West 11th (Eugene Clinic)(AV 76-3) with the following conditions: Approve 1. That the Eugene Hospital and Clinic pay for relocation of public ut ilit ies and improvement now in the alley. 2. That the Eugene Hospital and Clinic grant public access easement across parking area north of clinic structure connecting the alley. to the west with Willamette to the east. O. Public Utility Easement near the north end of Obie Street north of West 11th, excepting the northern mos~ seven feet (Obie)(EV 76-1). Mr. Haws moved seconded by Mr. Hamel to schedule public hearings on items A and B for January 24, 1977. Motion Approve carried unanimously. - V. Human Rights Council Report--Reports have been distributed to Council members. Rosemary Batori, member of the Human Rights Council, explained that short statements would be made by each Commission on its reaction to the 1974-75 city's affirmative action report. As there was no representative from the Aging Commission present, Ms. Batori summarized that the Aging Commission feels the following should be included in the 1975-76 report: statistical data in various cate- gories on hiring and employment for ages 4S to 65; statistical data for employees retained by waiver through age 70; and statistical data to establish hiring practices for the city of Eugenels contractors to Approve comply with hiring older workers. Phyllis Loobey, Minority Commission, summarized that their Commission feels the most notable deficiencies in the report are: The report is not current; details are lacking in the statistics presented; no elabora- tion is given to various generalizations such as "special attention" and "energy and planning"; and minority representation is not consistent wi th census data indicating an underutilization of women, Spanish, and Asian Americans, and native Americans. Chr is Casady, president of the Handicapped Commission, s tat ed that the A.A. report did not relate at all to t he hand ic apped , that the e physically and mentally disabled were not included in the report. He 517 12/13/76 - 13 He said that, in the cityl s affirmative action program for 1975-80, it says that handicapped personnel could not be employed for positions . which involve strenuous physical activity. The Handicapped Commission feels that is a highly illegal and discrimatory statement leaving the city in a very vulnerable position. He finally said that the Personnel Department has been totally unresponsive to inquiries for further inform'ation and clarification of reports. Sarah Lichtenstein, president of the'Womenls Commission, summarized that Commission's response. She said that its lateness is just one symptom of the inadequacy of the cityls affirmative action program. It is flawed by incompleteness, vagueness, inconsistencies, and un- warranted self satisfaction. She said the report indicates that women employees of the city are worse off now than they were at the beginning of the program. "If the city continues as it did during 1974-75, in just 15 years there will be no women working for the city at all," she sa id . She said the Commission feels that lack of money is not an accept- able excuse for lack of progress on affirmative action, either morally or legally, and the Commission urges the City Counc il to reassess the priority given to affirmative action to give new direction to the program, and to ensure future progress. Mrs. Beal said that the blame for the shameful affirmative action pro- gress belongs to the present Counc i1 as well as to staff. If Counc i1 had pursued and made this priority clear, she said, "we would not be faced with this dismal failure." Mrs. Beal moved seconded by Mr. Murray that the Council go e on record once again as giving a high priority to affirmative action within the city to women, minorities, handicapped, and ag ing, and that it instruct staff to adopt this high priority as policy. Mr. Murray pointed out that affirmative action should not have to be established as a priority, because it is law. He went on to say that the reportls tardiness is frustrating and cause for alarm. He felt that the December 7 report from the City Manager to the Mayor and City Council, addressing the concerns of the Commissions, has helped to answer some of the questions. However, the discrepancies which the Commissions allege are in the report leave the Council "in.a hopeless muddle of gobbledegoop." He hopes that the Commission reports are instructive for staff. Mr. Haws wondered what would happen now--are there steps in writing to be be followed for future reports. Manager responded that many affirmative actions have been taken which do not appear in the 1974-75 report. It is his hope that the differences can be reconciled before coming back to Council with the 1975-76 report. Assistant City Manager said that the format used in the 1974-75 report was one selected by the former Human e- 12/13/76 - 14 5"8 ------- . Rights Commission. To avoid the hassle, the managerls office is working with Personnel to develop a suitable format. He said that e there will have to be some give and take, that the Com~issions will possibly ask for some data that cannot be provided. He said he sees positive things happening. He also added that another influential factor has been that there have been certain limitations on CETA hires. Manager also commented that, if requests are to be implemented, budgetary actions are involved. It is a question of priority as to whether a position would be created to work on recruitment of affirmative action hires. Mr. Williams wondered if the city is in compliance with federal statutes. He also wondered what the law said about reverse discrimination. Joyce Benjamin, cityattorneyls office, said that the courts have gone both ways. She cited a Supreme Court case in which the court said the most qualified applicant should be hired. Regarding the question of compliance. Personnel Director Gary Long said that it appears the city is in minimal legal compliance. Regarding reverse discrimination, he sa id , it now appears that is not legal. It is the consensus of both the federal authorities and EEDC that every effort should be made to recruit qualified candidates from protected classes but that it is necessary to select the most qualified candidate. Mr. Murray commented that the issue is not so much one of dollars spent; rather it LS a question of will. Within the framework, the city should spend their energies a little more appropriately. It does not necessarily take hiring someone to work on the matter. Vote was taken on the motion which carried unanimously. e . VI. Code Amendment re: Permitting duplex. triplex and fourplex development as outright use in RA and R-I Districts Report of December 6 from the Planning Department has been dis- tributed to Council. It addresses questions raised by Council at a public hearing on the proposed amendments on November 8. Mrs. Niven, Joint Housing Committee, said that the Committee re Affi rm viewed the matter and made informal recommendations, one of which included submission of proof that either the property has been vacant for five years or, if a residential structure on it had been demolished within that time, the demolition had resulted from an abatement order. }!r. Obie, Council member-elect, said that, as he understood the motion at the Council meeting. it included referral to the Joint Housing Committee. He thought there would be a lay body looking at it and studying the ordinance and answering ques- tions brought up. He expressed disappointment that that has not been done. If there are amendments submitted at the December 13 Council meeting, he felt that would be paramount to holding a public hearing. Mr. Saul responded that there seemed to be strong sentiment that Council wished the decision on the amendments to be kept in its hands. It was staff's understanding that Council wanted a report back for Council cons iderat ion, with referral to the Joint Housing e 12/13/76 - 15 59'1 Committee after that if deemed necessary. Mr. Bradley agreed that had been the intent of his amendment to the motion at the November 8 Council ~ meeting. Mrs. Shirey felt that the decision should rest in the hands of the Council since it is a major policy decision. It was understood the amendment would be placed on the December 13 Council agenda for further discussion. VI I. Wreckers License Permitting Dismantling of Vehicles.at 2200 West 6th Avenue--Gunderson White Trucks, Inc. Report has been distributed to Council. Approve Mr. Haws moved seconded by Mr. Hamel to place the matter on the December 13 Council agenda. ~fotion carried unanimously. VIII. Abatement Action--Eugene Crystal Ice--777 East Broadway Report has been distributed to Council members. Approve Mr. Haws moved seconded by Mr. Hamel to place the matter on the December 13 Council agenda. Motion carried unanimously. lX. Echo Hollow Pool Closure. Council has received a letter of November 26 from Mrs. Edward Belknap as well as a memo of November 9 from the Parks Department. In her letter, Mrs. Belknap expressed displeasure with the closure of Echo Hollow Pool for recreational swimming in the evenings for the next three -- months. Mrs. Belknap, 671 Taney, said that, since the city budget included money to operate the pool, it should stay in operation. She expects to receive the services for which she voted. She said that, if a budget File does not pass, that is the time to make cuts but that a service should not arbitrarily be taken away once it has passed. She also protests the use of the pool by the North Eugene swim team during the closure period. She suggested that perhaps the Echo Hollow Pool could be closed from November 15 to December 15, for use by the North Eugene swim team, and then another pool could be closed for the same purpose. Assistant parks director, speaking on behalf of the parks director, said that the department very carefully weighs the cost benefit factor of any programs. If there are great disparities between the revenues and expenses, they have to determine if there has been too much of a waste. The parks department feels it has acted within its authority but will rethink its judgment to determine if there has, in fact, been an error made. Recreation director said the use by the North Eugene swim team does not have anything to do with the decision to close the pool in the even ings. Parks felt that North Eugenels use of the pool was a wise e 12/13/76 - 16 (pOO , decision that would make economical use of the facilities. Second ly, he felt there was need to find out from the Bethel Citizens what types e of programs they want and how to promote interest in swimming at the Echo Hollow Pool. Hr. Haws commented that the Echo Ho How Pool is a symbol in the Bethel area that the citizens do belong to the city. To close the pool, he said, is not politically wise. I1r. PompeI noted that, at a meeting with Bethel Citizens "this morning", the concensus was that the ABC should get input from their residents as to desired programs. Hr. Hamel suggested that the pool closure remain in effect for 90 days; that would give the area a chance to get a program going. He felt lack of revenue was an important factor, noting too that expenses go on even if there are no swimmers. Pat ~runkres, Active Bethel Citizens, said that the objection is mostly one over the speed at which the decision was made. The residents of the area were given no chance to promote use of the pool. Jane Ketel, 3606 Hawthorne, requested that there be at least some swim~ ming allowed for youngsters during the Christmas vacation. Otherwise, she would be willing to go along with the three-month closure. Jim Horne, parks department, said that past history has indicated that there is very little attendance at any pool in the city during the Christmas vacation. It was understood that staff will continue to work on the problem and stay in close contact with the citizens of the Bethel area. e Mr. Haws moved seconded by Mr. Hamel to approve, affirm and file as noted i terns listed under II A, B, and C. Rollcall vote. Motion carried unanimously. III. Items Not Previously Discussed A. Springfield request for breakfast meeting to discuss regional sewer facility and Metro Sewer Commission recommendations Mrs. Beal arrived at the meeting. It was decided to meet December 17 at the Rodeway at 7:30 a.m. and the meeting will involve Eugene, Springfield and staff. B. Council endorseme~t requested for Wreckerls License - Gunderson White Trucks, Inc. at 2200 West 6th Avenue (Report distributed 12-7-76) The Building Division recommended approval but with the condition attached that all dismantling be done within the enclosure. Mr. Haws moved seconded by Mr. Hamel to grant the license with the staff restriction as noted. Motion carried unanimously. C. Abatement, Eugene Crystal Ice, 777 East Broadway Staff is recommending approval. Resolution No. 2596 - Calling hearing January 10, 1977, re: abatement of e Eugene Crystal Ice Building at 777 East Broadway was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Roll call vote. Motion carried, all council members present voting aye. loOl 12/13/76 - 17 -,- -. -- ----...-- . IV - Ordinances The following council bill, read the first time on September 13, 1976, and held for second reading lacking unanimous consent, was read the second time . '-" on September 20, 1976, denied and referred to joint meeting of Council and Planning Commission on October 18, 1976 when the Commission reaffirmed its recommendation for approval of the zone change. The council bill is now brought back for second reading. Council Bill No. 1234 - Rezoning to C-2 SR the area south of the southeast corner of 29th and Willamette (A & W) (2 76-20) was read by council bill number only. Mr. Haws moved seconded by Mrs. Beal to deny the rezoning and adopt negative findings as set out in staff notes of July 13. Motion failed, Council members Beal, Haws, Bradley and Shirey voting aye and Council members Hamel, Murray, Keller and Williams voting no. Mr.. Haws moved seconded by Mr. Hamel to adopt Council Bill 1234 and findings supporting the rezoning as set out in staff notes of July 26, 1976. All members present voting aye except Mr. Bradley voting no, the bill was held for second reading lacking unanimous consent. Mr. Bradley wondered if he could change his vote. Asst. Manager said a motion ,to reconsider by the prevailing side would be necessary. Mrs. Shirey moved seconded by Mr. Haws to reconsider. Motion e '- carried, all members present voting aye except Mr. Williams and Mr. Keller voting no. Mr. Haws moved seconded by Mr. Murray to adopt Council Bill 1234 and findings supporting the rezoning as set out in staff notes of July 26, 1976. All members present voting aye except Mr. Williams voting no, the bill was held for second reading lacking unanimous consent. The following council bill, read the first time on November 22, 1976 and referred to Assessment Panel for hearing on December 6, 1976, is brought back for second reading with recommendation to refer back to the Assessment Panel for further hearing (next Panel Hearing January 17, 1977). Council Bi 11 No. 1292 - Levying assessments for paving Waite Street from Bell Avenue to Elmira Road (76-02)(1203) was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved seconded,lby Mr. Hamel to refer the bill to the Assessment Panel for hearing on January 17, 1977, and brought back for Council consideration of panel recommendations on January 24, 1977. Motion carried unanimously. The following council bills, read the first time on November 22, 1976, and referred to the Assessment Panel for hearing on December 6, 1976, are brought e "-' back for second reading with recommendation to levy the assessments as proposed. ,(OO~ 12/13/76 - 18 Council Bill 1293 - Levying assessments for paving Sarah Lane from Bonnie View Drive to 200 feet north (76-3)(1209) was read by council bill number e and title only. ~ Mr. Haws moved seconded by Mr. Hamel that Council Bill No. 1293 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17813. Council Bill 1294 - Levying assessments for paving, sanitary sewer and storm sewer within Royal View Subdivision (76-13) (1231). was read by council bill number and title only. Mr. Haws moved seconded by Mr. Hamel that Council Bill 1294 be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and number 17814. Council Bill 1287 - Amending City Code re: allowing duplexes, triplexes, and fourplexes as outright uses in RA and R-l zones on certain lot sizes was read by council bill number and title only, there being no council member present requesting that it be read in full. The matter was heard before council a month ago. In the interim staff was asked to provide certain information. Discussion was held at the December 8 Co~ittee of the Whole meeting and it was decided to hold further discussion "tonight". Mr. Saul, Planner, presented a report dated December 6, 1976, responding to questions raised by council at the public hearing and recommending approval of the proposed amendment with the following modifications: e "I. Requirement of submission of proof that either the property had been vacant for five years or, if a residential structure on it had '-'" been demolished within that time, the demolition had resulted from an abatement order; and 2. The requirement that development occurring under these provisions would be subject to Chapter 70 of the Uniform Building Code. While the staff does not recommend the following modifications, the Council may also wish to consider: I. Limiting the applicability of the amendment to lots presently vacant (eliminating lots presently developed with 1 residence); and 2. Eliminating provision for fourplex development." Mr. Haws moved seconded by Mr. Hamel that the bill be read the second time by council bill number and title only, with unanimous consent of the Council and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved seconded by Mr. Hamel that the bill be approved and given final passage. e Mr. Murray moved seconded by Mr. Haws to amend the motion to include a requirement of submission of proof that either the property had been '-'" vacant for five years or, if a residential structure on it had been demolished within that time, the demolition had resulted from an abatement order. Motion carried, all council members present voting aye except Mr. Hamel voting no. lo03 12/13/76 - 19 ~~ Mr. Murray moved seconded by Mr. Haws to amend the motion to include a requirement that development occurring under these provisions would be subject to Chapter 70 of the Uniform Building Code.Motion carried unanimously. e '- Mr. Murray moved seconded by Mr. Haws to amend the motion to adopt a provision that would preclude the possibility of subdivision of larger lots presently developed with one residence and include in that assurances that a sales transaction of part of parcel would not lead to the new parcel being used under the proposed amendment. Motion carried unanimously. Mr. Murray felt all considerations should be weighed in voting on the main mohon and that councilors should cast aside considering "what is more popul ar". lie said community goals pol icies say maximum choices of housing should be provided with as much flexibility as possible. Also, there is concern about reduction in housing costs but very little is done about it. Finally, he is concerned that multi-family housing is not scattered throughout the community enough. Concentration of it in one area is not good, he said. Mr. Bradley moved to amend the motion to elimination provision for fourplex development. Motion died for lack of a second. ~1r. Williams felt Mr. Murray's remarks were germaine to the issue and that perhaps further discussion would be wise rather than have council defeat it without full research and discussion. Mr. Williams moved seconded by Mr. Murray to submit the proposal to the Joint Housing Committee for further consideration. Motion e carried, all members present voting aye except Mrs. Shirey voting no. Council Bill 1300 - Calling hearing for January 24, 1977 re: vacation of north/south alley between Olive Street and Willamette Street south of West 11th Avenue, with conditions and an emergency clause was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved seconded by Mr. Williams that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17815. Council Bill 1301 - Calling hearing for January 24, 1977 re: vacation of easement near north end of Obie Street north of West 11th Avenue, except northernmost seven feet, and an emergency clause was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved seconded by Mr. Williams 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 e -- was read the second time by council bill number only. , . (oOLf 12/13/76 - 20 . Mr. Haws moved seconded by Mr. Williams that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill e was declared passed and numbered 17816. -- V. Resolutions Resolution No. 2597 - Approving charter for Jefferson Area Neighbors was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2598 - Authorizing transfer of no more than $15,000 from General Fund to HCC for rehabilitation of 11 city-owned houses was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Ro 11 ca 11 vote. Motion carried, all council members present voting aye. Resolution No. 2599 - Commendation, Al Williams, traffic engineer (resigned to accept public works director position in Hoquiam, Washington) was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2600 - Calling hearing December 20, 1976 re: Mobile home for e temporary office at 4060 Stewart Road, CADCO Enterprises was read by number and title. -- Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Resolution No. 2601 - Authorizing payment of bills, claims, and progress payments for period November 22 through December 13, 1976, was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. Upon motion duly made, seconded and carried, the meeting was adjourned to Monday, December 20, 1976. ~ )~ Charles T. Henry City Manager e ~ 12/13/76 - 21 ~O5