Loading...
HomeMy WebLinkAbout01/24/1977 Meeting . A-l-l e - M I NUT E S EUGENE CITY COUNCIL January 24, 1977 Adjourned meeting from January 10, 1977, of the Common Council of the City of Eugene, Oregon was called to order by His Honor Mayor Gus Keller at 7:30 p.m. on January 24, 1977 in the Council Chamber with the following Council members present: Eric Haws, D. W. Hamel, Tom Williams, Ray Bradley, Jack Delay, Scott Lieuallen. Brian Obie, and Betty Smith. I. Introduction--Ms. Barbara Neill, artist of craftsman's exhibit hanging presented to City of Eugene November 22, 1976, was introduced. The appli- qued wall hanging was created by Ms. Neill, and had been paid for by Room Tax funds. Manager thanked her on behalf of the City and Council, for the artistry work which she had contributed to the City. II. Public Hearings A. Alley Vacation--Eugene Hospital and Clinic (AV 76-3), located between Olive and Willamette Streets, south of West 11th Avenue. Manager indicated this alley vacation had been recommended unanimously by the Planning Commission at its meeting October 25, 1976. He said the property is located between Tax Lots 400, 500. 1000, and 1100-- Assessor's Map 17-03-31-4 2. The request is for a vacation of a north-south alley 22 feet in width and 100 feet long located between Olive and Willamette Streets, south of West 11th. He indicated all of the property abutting the requested alley vacation is owned by the Eugene Hospital and Clinic which wishes to vacate the alley in order to expand the existing clinic structure to the west onto the area presently occupied by the alley. Jim Saul. Planning Department. indicated that the north-south alley connects with a 12-foot alley on the north and a 20-foot alley on the south. The only possible access conflict associated with this vaca- tion request is the dead ending of the 12-foot alley on the north. The Planning staff had recommended the vacation of this alley be accomplished with minimal impact on the public utilities in the area and little change in the public access through the block. The Plan- ning staff recommended approval of the vacation of the alley subject to the following conditions: 1) That the Eugene Hospital and Clinic pay for the relocation of all public utilities and improvements currently located in the alley of this request; 2) that the Eugene Hospital and Clinic grant a public access easement across the parking area north of the existing clinic structure connecting the 12-foot alley to the west with Willamette Street to the east. Mr. Saul also said that the Council should note there is an emergency clause included in this ordinance so that work can begin immediately. 1/24/77 - 1 31 Public hearing was opened. Arlene Swearingen, 2210 Charnel ton, testified that the Clinic does agree with the two conditions set forth by the Planning Commission. He indicated timing was very important and the Eugene Hospital and Clinic was concerned in asking for a unanimous passage at this meeting. He indicated he was available to answer any questions from the Council. .- Public hearing was closed, there being no further testimony presen ted. Council Bill 1313-Vacating alley located between Olive and Willamette Streets, south of West 11th Avenue, Eugene Hospital and Clinic (AV 76-3) 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. Hamel that Council Bill 1313 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. L-A-2 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 17824. B. Easement Vacation--Obie Communications (EV 76-7) located between Tax Lots 500, 501, 502, 700, and 701--Assessor's Map 17-04-34-1 4. e Manager said this recommendation for easement vacation had been recommended by the Planning Commission unanimously at its October 25, 1976 meeting. He said the easement vacation would make way for a seven-foot public utility easement. Mr. Jim Saul, Planning Department, indicated there was an existing structure on Tax Lot 501 that does not encroach on the seven-foot public utility easement. The adjacent parking area for the building is on Tax Lot 701. The original public utility easement was needed for services for Tax Lot 701 but it had been found that the extension of uti 1 i ties coul d be accommodated through the exi sting util i ty easement which runs across the north of 501. Therefore, the Planning staff recommended that all but the north seven feet of this north- south alley be vacated. The vacation is not needed for the extension of any public utilities. Councilman Obie declared a conflict of interest. Public hearing was opened with no testimony presented. Council Bill 1314--Vacating easement Obie Communications (EV 76-7) located betwe~n Tax Lots 500, 501, 502, 700 and 701--Assessor's ~ Map 17-04-34-1 4, seven foot publ ic util ity easement was read by . 1/24/77 - 2 38 e 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. 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 unani- mously with Mr. Obie abstaining. 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. Roll call vote: All Council members present voting aye with Mr. Obie abstaining, the bill was declared passed and numbered 17825. - I-A-2 C. Liquor License Application: Grocery Carts, Inc.--Wicker Basket Gourmet Foods (RMB)--Change of location from 5th Avenue to 245 East 6th Avenue. Manager indicated this liquor license was for a change of location, that no inspection report had been required, and the staff had no objec- tions to granting approval. Public hearing was opened with no testimony presented. Mr. Haws moved, seconded by Mr. Hamel to approve and forward to OLCC the liquor license application. Motion carried unanimously, with all members present voting aye. e I -A-3 D. Appeal Denial of Merchant Police License by Police Department--Terry Lee Ackl ey. Manager indicated that the denial was in accordance with the City Code Section 3.050, Application Review. The Police Department had recommended denial based upon the applicant's failure to supply required information under City Code, Section 3.055, stating that this constitutes grounds for denying a license. Question number 6 on the application requires the person to list any arrests for any violations, regardless of disposition. Mr. Ackley listed only one charge. A check of his criminal history files indicated six separate offenses between 1973 and 1976, thus Acting Chief of Pol ice Patrick Larion recommended denial based on the appncantl s failure to supply the information required. Public hearing was opened. Terry Lee ACkley introduced himself saying he was available for ques- tions by the Council, and introduced into the record a letter of recommendation from his employer, Charles Collins of Collins Security Merchant Patrol, Springfiel d, Oregon. The 1 etter stated: "Thi s is to verify that Terry Ackley worked for Collins Security from 12-10-77 to 12-19-77. He is a good worker, dependable, and gets along with fellow workers and clients. If he gets his license and if there is a position open, he will be put back to work." e 1/24/77 - 3 39 Vern Smith, Sergeant, Eugene Police Department, introduced himself ~ indicating that he was representing the Police Department's position of .., denial of this license application. Public hearing was closed, there being no further testimony presen ted. Councilman Obie asked if he could have a description of the items left out of the application by Mr. Ackley. Sergeant Smith replied that Mr. Ackley had listed one offense and he had failed to list several other offenses i ncl uding five offenses for shopl ifting, one traffic viol ati on, one possession of marijuana, and the fact that he had been in jail up to 21 days prior to the application filing and was indeed on probation. Mr. Ackley said he failed to list these violations because he was in a hurry to get to work and had no time to complete the application. Sergeant Smith indicated the failure to supply this information would be grounds for denial of the application. Mr. Bradley asked for clarification as to whether the denial had been based on the fact that the information given was misleading, or that not all of the information and offenses were supplied, or whether both facts were a consideration for denial. Sergeant Smith replied the denial was based on the fact that the listed information was misleading and that the failure to disclose information failed to comply with the City Code ordinance. Mr. Bradley asked now that the City has all of the infor- mation, whether the City should now consider the application with the additional information and facts. Sergeant Smith indicated the Police e Department should not be placed in a position of finding out the infor- mation; that it is imperative to trust a person in such a position as Mr. Ackley is applying for. Councilman Haws asked if the Police Department had had all the information it now has, whether it would have recommended denial. Sergeant Smith replied that the Police Department would check with the Probation Officer to see if it would be applicable for Mr. ACkley to work in such a posi- tion. He could not say whether the Department would have recommended had it had all the information, but he did doubt seriously that recommendation would have been approved. Councilman Lieuallen asked whether there was anything in the Code which indicated a person would have a chance for qualifying on the basis of an application over a certain period of time. Ms. Joyce Benjamin, City Attorney's office, read part of the Code and things to be considered: past violations of ordinances, conforming to State laws, applicant's ability to do activity, and for a merchant license, each person should be approved by three reputable persons known for five years. Sergeant Smith indicated that a person can re-apply at a designated time, after a reasonable length of time has passed, for a merchant's license. Coun- cilman Lieuallen asked what the particular point of decision is for the Council, to which Mayor Keller indicated the decision would be whether to uphold or reverse the denial of the Eugene Police Department. 1/24/77 - 4 e 'io e Mr. Haws moved, seconded by Mr. Hamel to deny the appeal of the merchant police license and uphold the Police Department recommendation. Councilman Bradley wondered if the applicant, Mr. Ackley, could indicate his reasons why the information was not submitted. Mr. Ackley replied at the time he applied, he did not have sufficient time to fill out the application the night he was hired. He indicated he had no intention to leave out the information, but by the time he returned back to complete the information on the application, his employer had already sent it on to the Police Department. Councilman Haws indicated that since the applicant could re-apply at a later date, he felt it best at this time for the public safety for that reconsideration be done at a later time. Vote was taken on the motion which carried, with all Council members present voting aye and Mr. Bradley voting no. I-A-4 E. No Through Trucks--Royal-Elmira-Roosevelt. Manager indicated that at a November 3, 1976 Committee-of-the-Whole meeting the City Council had called a public hearing for November 22 on the proposed limitation of trucks through the Royal-Elmira-Roosevelt area. He indicated this was a very difficult problem and at the November 22 public hearing there were not specific enough proposals, so the Public Works Department was asked for time to come up with more specific proposals. He indicated although staff was tardy in distributing the proposal, the Council should have before them copies from the Public Works Traffic Division with three alternatives for Council consideration. e Darrell Wilburn, Traffic Division, indicated this problem had gone back to mid-1973, when the Public Works Department had received requests from citizens in the area regarding the truck traffic, and their inquiry into the problem indicated the truck traffic amounted to only ten per cent, which was about normal then. However, by 1975, there had been a considerable increase in truck traffic and the Active Bethel Citizens group had again requested the City to look at the problem. Mr. Wilburn said several solutions had been looked at, including closing all motor truck traffic. The Police Department brought to the Public Works atten- tion that this restriction would be unreasonable and extremely difficult to enforce from a public relations standpoint. He indicated another solution considered was prohibition by weight, but this would not be practical, because in order for the posted weight to be effective it would have to be unrealistically low and would cause a large number of legiti- mate vehicles to be in violation and subject to a citation, i.e., those serving the residential area in one way or another. Another considera- tion was prohibition of logging trucks but that was felt not to be - 1/24/77 - 5 ~I practical due to the questionable legality of a selective prohibition ~ by type of motor trucks. He indicated motor truck traffic on Roosevelt ,., from Highway 99 to Maple is acceptable and in fact necessary to serve the industrial area off of Maple south of Roosevelt. He indicated re- direction of motor trucks who are using Beltline to West 11th would seem at first glance to be the best solution. However, the 11th street a~ea would be under construction next Spring and Summer and access to 11th from Bertelsen under existing conditions is difficult at best. Mr. Wilburn indicated that the Council had before it three staff op- tions: 1) Take no action; 2) Take action that would eliminate through motor truck movements via the residential access shown on Exhibit A between Highway 99 and Beltline Road on Royal, Elmira, or Roosevelt; or 3) Take action that would accomplish No.2 and at some time elimi- nate through motor truck movements from Beltline or Pacific Highway to or from the industrial area using any street in the residential area. He indicated the staff recommendation is that Council give favorable consideration to option 3 with the stipulation that it be implemented upon completion of the West 11th Street widening from Bailey Hill to Beltline Road. This project also includes signals and left turn storage pockets at Bertelsen and West 11th. The project is scheduled for completion in the Fall of 1977. Public hearing was opened. Two letters were entered into the record for public hearing, one by Mary J. Crisman, 3320 Elmira Road and one by Mr. and Mrs. Erick Ostlund, 4420 Royal Avenue. Both letters indicated annoyance at the noise that accrues from the truck traffic on Royal Avenue and the danger to children in the street area getting run over by some of the trucks. Vernon D. Gleaves, 975 Oak Street, an attorney, spoke on behalf of Cab ax Mill and Barker Willamette Lumber Company. He indicated both companies have log pond facilities off 99 North, and it was necessary for the log trucks coming in to deposit the logs to come in off 99 and down McKinley. He indicated there was also a small log pond off 99 near Beltline which would require travel on Highway 99 up Roosevelt Highway 99 to the small log pond. He said the general concern was that a portion of Roosevelt Boulevard might be cut off for truck traffic. He said that further information received seemed to suggest that this section of Roosevelt needed by his company would not be included in the prohibition, and that if that were the finding, he would call attention to Item No.9 on the Traffic Department's report which indicated motor truck traffic on Roosevelt from Highway 99 to Maple as acceptable and in fact necessary to service the industrial area off Maple south of Roosevelt. He said his clients fell within that category of the Roosevelt area between Maple and Highway 99. If. that were not in the prohibition area, they would have no particular concern. He indicated that action by the Council should be very specific and made an observation in which the City is encouraging industrial facilities within the urban service boundary area, but it cannot expect to attract such facilities within the inner area if the industries cannot get commodities in and out. He again reiterated that use of Roosevelt Boulevard between Highway 99 and Maple is an absolute 1/24/77 - 6 4~ e . e necessity for his clients. He indicated any rerouting would result in time and fuel consumption and thus more costs to the company and urged that option number 3 be adopted by the Council. Dale Allen, 4221 Royal Avenue, indicated he was speaking as a citizen living in that area, but also had been asked by the citizens of the Active Bethel Citizens Association to speak for that group. He indi- cated all constituents and citizens he had talked to in the area were very concerned about the substantial increase in vehicle traffic, especially the truck traffic. He said they felt the inorease was attri- butable to widening and improvement of the streets in the area and that they were united in their belief that the amount of traffic must be reduced for the safety of the people living there, for the peace and well-being of the community. He felt the problem had been documented very well by the staff recommendations, but that the citizens wanted some immediate relief. He said the citizens found acceptable the recommen- dation of the Traffic Engineering staff and were united in their support of option No. 3 on the staff recommendations. e Arden Munkres, 2104 Dewey Street, speaking as president of the Active Bethel Citizens Association, indicated that the area south of Royal had been growing rapidly and will be continuing to grow, indicating there will be an increase in residential vehicles which will create a great conflict with the increased growth also in the truck traffic in the area. He said that the group was in favor of option No. 3 of the staff recommendations as soon as the 11th Street improvements could be completed. Ted Igo, Pacific Yard Service on West 1st Street, indicated that the commercial movement in the area was tremendous, but the only north- bound access was through Bertelsen to Royal Avenue until a through street, either 1st or 5th to Beltline, was put through. He indicated a truck ban would work a real hardship on the commercial industries located in that area. Everett Vaughn, 4900 Royal Avenue, speaking for Cascade Lumber Co., said they realized there is noise in the area but there are no other through streets to get to the industrial complex. He said that the 6th and 7th Avenue turnoffs of Highway 99 were very hazardous and that they need other through streets in the area. The prohibition on truck traffic in this area would work a real hardShip on his particular firm. Mark Mortenson, speaking on behalf of Georgia Pacific, indicated that when a corporation the size of Georgia Pacific comes into an area, one of the primary things it looks for is rail and truck access to an area. He indicated the company might not have invested money in the area had it known there would be a problem of access and that by putting a prohibition on the distribution of materials, the Council might find people such as Georgia Pacific would be going to other areas and would be spending their tax dollars in other areas. e 1/24/77 - 7 ~3 Ruth Sturdevant, 4450 Royal; Mrs. Ralph Cross, 783 North Bertelsen; 4It and Ms. Paulette Jagger, 780 Bertelsen; all spoke in favor of prohibiting truck traffic through the area, indicating noise factors, traffic jams, dust pollution problems, hazards to children either walking or on bicy- cles, difficulties in getting in and out of driveways, and concern with the speed that the trucks seem to be attaining through the area. George Altmeiter, speaking for 1-5 Freight Line Company, said they held the same position on the prohibition as Georgia Pacific spokesmen. He indicated they had spent a year to find a location out of the downtown core area, and west Eugene seemed the only area available for develop- ment. He reiterated that if the trucks were rerouted down to 11th and back into the industrial area, it would add considerable cost and traffic exposure. Harry Wilson, 4241 Royal, indicated he had been living in the area five years and that traffic had increased, he felt, 500 per cent, but the traffic increase was not due to small vehicles, but the truck traffic. He indicated concerns over hazards to children, the difficulty of getting in and out of driveways and reiterated that this is a residential district, that the trucks should be put back out onto 11th and routed back in through Bertelsen. Public hearing was closed, there being no further testimony presented. Councilman Lieuallen questioned whether the conflicting interests could ~ be worked out or not. Mr. Williams indicated that he was not sure of ,., option No.3 and asked staff to explain again to him what the implica- tions of that option would be. After some discussion by staff, Mr. Williams indicated he felt this was a very complex and difficult issue, and was very concerned that the background information had not been distributed to Council prior to the meeting with no time for preparation. Ms. Smith indicated she also felt a state of confusion and asked whether there were any predictions on any alternate route in the future to resolve both the residential and industrial concerns. Mr. Wilburn indi- cated that Highway 126 route had been looked at but was not a viable solution; there had been some discussion about a route in the vicinity of 1st Avenue; but there were no immediate solutions. Mr. Delay indicated a concern regarding the access to the area and asked if staff could answer questions of access that had been raised tonight. Manager suggested that perhaps the matter be held over until the next meeting and Council take a tour of the area. Mr. Haws moved, seconded by Mr. Hamel that the issue of no through trucks on Royal-Elmira be held to February 14 Council meeting, with Council to take a tour of the area. Mr. Obie said he felt it was time the Council stopped ignoring the traffic problem of moving vehicles and the conflict of interest between residential and industrial uses and perhaps bring the expressway plan back to the people. He indicated he agreed to some extent with the option No.3 and the widening of 11th Avenue was wise, but that looking e three or four months past that time, West 11th may become a bottleneck and that accurate information was needed as to how the widening of West 1/24/77 - 8 ~~ e 11th would affect traffic in that area. He also indicated that consi- deration of the continuing development of the Bethel-Danebo area is an important issue, as residential and industrial needs will require movement of traffic. Mr. Obie moved to amend the original motion as stated with an extension of a minimum of three months past the widening of 11th Avenue. There being no second, the motion died. Mr. Bradley indicated his concern over the livability in the area under discussion. He felt that the cost for industries of having to reroute down Beltline to 11th Avenue and back in on Bertelsen could be passed on as opposed to any cost to the livability of the area by the persons in the area. Councilman Delay asked staff if the complaints by the persons testifying in the meeting had been addressed before, to which Mr. Wilburn answered yes, indicating he himself had made some test runs prior to the meeting and compared the routes of going down Beltline to 11th and back in on Bertelsen. He indicated 1.1 mile would be the longest mileage and three minutes the time difference. I-B-10 Vote was taken on the original motion which passed with all Council members present voting aye except Delay and Haws voting no. F. Code Amendment Re: Section 9.466 of City Code to permit banks as condi- tional use in M-2 zones. e Manager indicated that this Code amendment had been unanimously recom- mended by the Planning Commission at its December 7, 1976 meeting. He said consideration of this proposed Code amendment resulted from a re- quest submitted by Mr. Larry Thorp, representing the Valley State Bank. Jim Saul, Planning Department, said one of the principal purposes of the 1968 revisions to the zoning ordinance was the elimination of a cumulative use provisions of prior ordinances. That aspect of the revision resulted in the elimination of most commercial and all residential uses from the industrial districts. On a theoretical basis, this proposed amendment could be considered inconsistent with the purposes of the 1968 revisions to the zoning ordinance in that it permits a purely commercial use in an industrial district. However, there appear to be valid reasons for considering the proposal favorably. The 1968 revisions to the zoning ordinance retain certain convenience commercial uses in the M-2 district with the intent to allow certain commercial uses frequently needed by people working in the industrial district. Such a bank faCility would be a commercial use needed by the people working in the area. Provision for banks in the M-2 district would allow employees of the businesses to do their banking business during their lunch hours and breaks from work and while going to and from work, creating a greater convenience for them. Mr. Saul also indicated there had been increased attention given to the issues of energy conservation and overall trip reduction. He indicated that allowing a bank in this area would conserve time and energy. He also indicated that provision for banks as conditional use in the M-2 districts e 1/24/77 - 9 % would allow adequate review to insure that clearly incompatible situations a would not be created for adjacent land uses. ~ Public hearing was opened. Larry Thorp, representing Valley State Bank, introduced himself, indicating he was available to respond to any questions by Council. Public hearing was closed, there being no further public testimony presented. Council Bill 1315-Amending Eugene City Code, Section 9.466 re: Permit banks as conditional use in M-2 zones 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. Hamel that Council Bill 1315 be read the second time by Council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Roll call vote: Motion passed with all members present voting aye except Mr. Obie abstaining. Councilman Bradley indicated some concern over where the line should be drawn as to granting permits for commercial uses in industrial zoned areas. He felt there was a need for some kind of policy to be set to avoid a helter-skelter approach. Mr. S~ul indicated that Mr. Bradley was ~ correct in his concern and that there were other types of commercial ~ establishments for conditional uses in the industrial areas approved, such as convenience grocery stores, asphalt and batching companies, bottling companies, rock and sand companies, theaters or churches. He said the Council could consider the conditional uses on an overall basis or as they specifically come before the Council. He felt a review of the overall industrial district uses should be considered at some future date and questioned whether the Council should delay on some specific clear-cut case in favor of an overall review. Mr. Lieuallen wondered if this had been discussed at the Planning Commission and whether it was a precedent- setting issue that could create problems in the future. Mr. Jim Bernhard, Planning Commission, indicated this conditional use permit had been discussed at the Planning Commission meeting and the extent as to what types of commercial developments should be related to industrial areas. He said that under conditional use permits, this could be a logical use of the area and fel t that. there was no creation of probl ems because of the conditional use review. Mr. Bradley indicated his reason for opposition to the amendment centered around the lack of a coherent policy statement by Council as to the uses in industrial areas. Mr. Haws moved, seconded by Mr. Hamel that Council Bill 1315 be approved and given final passage. Roll call vote: All Council members present voting aye except Mr. Obie abstaining and Mr. Bradley voting no, the bill was declared passed and numbered 17826. e 1/24/77 - 10 Lib, ~ II-A-2 G. Rezoning from C-1 to RG area along west side of Adkins Street north of Willakenzie Road (Bendix) (Z 76-41) Manager said there was a unanimous recommendation by the Planning Commis- sion at its meeting December 7, 1976. Jim Saul, Planning Department, said this includes one half acre of property which is all developed with apartments except one unit which is being used as a real estate office. The purpose of the rezoning would allow conversion of this office to a residential unit. No ex parte contacts or reasons for conflicts of interest were declared by Council members. Planning Commission Staff Notes and Minutes of December 7, 1976, were received as part of the record by reference thereto. , Public hearing was held with no testimony presented. Council Bill 1316-Rezoning from C-1 to RG area along west side of Adkins Street north of Willakenzie Road (Bendix) (Z76-41) 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. Hamel that findings as set out in Planning Commission Staff Notes and Minutes of December 7, 1976, be adopted by reference thereto; that the bill be read the second time by Council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by Council bill number only. Mr. Haws moved, 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 17827. H. Rezoning from C-2 to H area southwest corner of 14th and Pearl (Soults- Westfall) (Z 76-46) e II-A-4 Manager noted that this was a unanimous recommendation by the Planning Commission in its meeting December 21, 1976, and that the request was for a change of zone from Community Commercial District to Historic District. Jim Saul said that the recommendation by the Planning Commission was made because the structure merited recognition because of its representative character of a style of architecture; and because of its extraordinary architectural merit by reason of its design and detail. He indicated the building had been built in 1914 and that the proposed zone change would be consistent with and promote the objectives of the General Plan and the zoning ordinance of the City and that under the provision for historic designation there are certain uses by which the building could be made. The owners are in agreement. e 1/24/77 - 11 ~7 No ex parte contacts or reasons for conflict of interest were declared by Council members. Planning Commission Staff Notes and Minutes of 4It December 21, 1976, were received as part of the record by reference thereto. Public hearing was opened. Tom Link, 3995 Bailey Hill Road, indicated he was owner of the property and was in agreement with the zone change recommendation and was available to Council to answer questions. Public hearing was closed, there being no further public testimony. presented. Council Bill 1317--Rezoning from C-2 to H area southwest corner of 14th and Pearl (Soults Westfall) (Z 76-46) was read by Council bill and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that findings as set out in Planning Commission Staff Notes and Minutes of December 21, 1976, be adopted by reference thereto; that the bill be read the second time by Council bill number only, with unanimous consent of the Council and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by Council bill number only. II-A-4 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 17828. I. Rezoning from R-3 to C-2 SR area located on the south side of Centennial Boulevard east of Coburg Road, Tax Lot 3000--Assessor's Map 17-03-29-3 0 (Refectory Restaurant) (Z 76-42) e Manager said that this rezoning request came from the Planning Commission meeting December 7, 1976, with a vote of 6-1 recommending the .zone change. Jim Saul, Planning Department, indicated this was not the first time the Council had looked at zoning in this area. The basic zoning had been established by the City a number of years ago, but that since 1968 the City was gradually replacing R-3 zoning with C-2 zoning on a case-by-case basis. He indicated there were other industries in the area and this rezoning was consistent with the City's adopted plan for the area. No ex parte contacts or reasons for conflicts of interest were declared by Council members. Planning Commission Staff Notes and Minutes of December 7, 1976 were received as part of the record by reference thereto. Public hearing was opened. Peter Thompson of the Refectory Restaurant indicated he was available to answer Council questions. ~ 1/24/77 - 12 ~8 e ~ II-A-S e Public hearing was closed, there being no further public testimony presented. Council bill 1318--Rezoning from R-3 to C-2 SR area located on the south side of Centennial Boulevard east of Coburg Road (Refectory Restaurant) (Z 76-42) 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. Hamel that findings as set out in Planning Commission Staff Notes and Minutes of December 7, 1976, be adopted by reference thereto; that the bill be read the second time by Council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by Council bill number only. Councilman Bradley indicated he was concerned over the change of zoning in the area and wondered if there was a deletion of any land that might be used for residential uses in the future. Mayor Keller indicated that the land actually was not appropriate for residential uses and there was very slight chance that residential uses would be considered in the future. 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 17829. J. Amendment to Downtown Development District Ordinance Relating to Taxing Financial Institutions--Manager said that Mr. Flogstad, Finance Adminis- tration Department, had been working in cooperation with the downtown financial institutions for quite some time and felt that a fair system of taxing those institutions had been arrived at. He indicated this ordinance change would enable the City to tax institutions which had previously been exempt. Public hearing was opened. A letter from Mr. Vern Pearson, Vice President of U. S. Bancorp, was read into the record in which an indication was made that a concern with the amendment was the difference in tax rates between the banks and savings and loan associations--that there was no quarrel with the amount of money to be raised by the tax, but there was a strong ob- jection to being taxed at a higher rate on the same base than a com- peting type of financial institution. Charles Roffe, 285 Crest Drive, Vice President and Assistant Manager of First National Bank, said his firm was in agreement with the concept of the downtown parking tax and was in favor of the ordinance in its basic concept, but there were objections in the disparity in the ordinance. He indicated the bank did not understand the basis of the City for making a different rate for savings and loan associations as compared to the banks in its tax base rate, as no such differences were made for retailers and no consideration was made for foot traffic on any other type of parking 1/24/77 - 13 ~9 tax. He said the bank was willing to pay its fair share, but did not 4It want to pay more than its competitors would be paying. He felt that instead of using growth deposits, it would be more fair to use net deposits and made reference to the fact that because of demand deposits banks have to keep a higher rate, whereas savings and loan associations are not required to do so. He felt that the rate should be the same for both types of institutions. Frank E. Brawner, 810 22nd NW, Salem, Executive Vice President of the . Oregon Banking Association, indicated that his group endorsed the proposed amendments with some reservations. He said the group wanted to pay its fair share and that they had worked with the Legislature to change the laws for levying local taxes on banking institutions, but the group felt that all financial institutions should be treated fairly and taxed in the same manner. He questioned whether foot traffic survey would show that much discrepancy and whether this was a suitable mode for determining a tax rate anyway. He urged an amendment to the ordinance to treat each institution on an equal basis. Richard L. Biggs, 2908 First National Tower, Portland, an attorney speaking on behalf of seven consumer finance companies in the Mall area, asked for a postponement on action for the amendment to the ordinance, saying that the notices sent to the branch offices and the letters telling of the public hearing got lost and so the time for response and prepara- tion for the case was not adequate. He also indicated that the projected yield of the tax was far in excess of the goal as he understood it. He said the burden of this tax is uniquely high, and that these consumer finance associations are strictly regulated industries and that there is no way that they could pass a tax onto the customers, that the tax appears to be too high for the traffic generated by these offices. He said that in metropolitan offices customers do not come into the offices to pay", but rather pay by mail and that under the proposed tax ordinance these consumer financial institutions would be paying approximately one dollar for each time a customer would come into its office. He cautioned the Council that there is a trend in the consumer financing industry in the realization that they do not need to be in a downtown area with a tendency to move out of the downtown area, citing there are 22 such institutions in Eugene, but only seven located in the mall area. He said the consumer finance companies feel they should pay their fair share, but the proposed rate in this ordinance is far in excess of their fair share, and he would ask for a postponement of Council action on this amendment until further information could be gathered. e Public hearing was closed with no further testimony being presented. Councilman Bradley questioned staff as to the differences in the rate between the banks and savings and loan associations. Mr. Flogstad answered that the rates were developed and formulated with informa- tion as to how each business kept its records. The differences were used to establish the rate based on how the records were kept and that they were completely different in each case. He said that since ~ 1/24/77 - 14 50 e August of 1976, the Downtown Developm~nt Board and staff had been working in cooperation with some of the members of the financial institutions in trying to determine a tax base ratio. Taken into consideration were the number of businesses in the district and the size of the businesses and then some determination was made as to what types of foot traffic each business had. Mr. Bradley asked the staff if it would be comfortable with a decision to postpone this proposed amendment to the ordinance and contact the financial institutions for additional information. The Manager replied by asking when Mr. Biggs felt he could provide informa- tion. Mr. Biggs said he could have the names to the staff within the next two or three days. Manager indicated that he would like to decide on a deadline as it was a pressing matter and the tax would be retroactive to October, 1976. Mr. Flogstad indicated that a plan could be worked out for the February 14 Council meeting. Councilman Williams questioned Mr. Flogstad in his reference to foot traffic and vehicular traffic, and their comparability, and whether Mr. Flogstad knew that vehicular parking parallels foot traffic going into a bank or financial institution. Mr. Flogstad answered no, that with both mass transit and parking lots being available for banks and retailers, it would be hard to determine. Mr. Williams wondered if it would be possible to interview people going into and coming out of financial institutions to which Mr. Flogstad replied that it could be done and might be helpful. Mr. Obie agreed on a postponement of action by the Council on this pro- posed amendment and indicated he felt others should be involved in deter- mining the fair tax rate for financial .institutions; that perhaps repre- sentatives from each of the different financial institution could be included, as well as the Lane Transit District to see how they are solving their problem, and perhaps an auditing firm tax department to offer some assistance with nationwide research data. e Mr. Haws moved, seconded by Mr. Hamel that the amendment to the downtown development district ordinance relating to taxing financial institutions be postponed to the February 14, 1977 Council meeting with the under- standing that the staff would rely on as many reasonable resources for information. The motion passed unanimously with all Council members present voting aye. e 11-8-1 K. Liquor License--New Outlet--Grocery Carts, 1510 Highway 99 North, Eugene. Manager indicated that this was a package license which had had no previous discussion before the Council; that the local OLCC office required no inspection prior to Council action, and that there were no staff objections to the liquor license being approved. Public hearing was opened. Bill McCabe of 85766 Pine Grove Road, owner of the grocery store re- questing the liquor license application, said that the application had been made December 15, 1976, and was told that it would take 14 working days for the application to be processed, but that that time limit had passed and there seemed to be some confusion in the City Manager's office as to the disposition of this liquor license. He felt that the time lag involvement was longer than seemingly necessary and that the application had been in process for a long enough time and should be approved. 1/24/77 - 15 51 Public hearing was closed with no further testimony being presented. Mr. Haws moved, seconded by Mr. Hamel to approve and forward the liquor license to the local OLCC office. Motion passed unanimously. L. Bids: Parks and Recreation--Harris Elementary School Irrigation Project Manager indicated that the bids for the Harris Elementary School Irriga- tion project had been opened by the Parks and Recreation Department January 20, 1977, and that Council had a list before them of the various firms and bid amounts and recommended that Fairway Irrigation, the lowest bidding company be awarded the contract. Ed Smith, Director of Parks and Recreation, indicated that Council should note there were eight bidders on this project in the past where there had been only two, and that the costs were going down because of the very competitive nature of the bidding. Public hearing was held with no testimony presented. Mr. Haws moved, seconded by Mr. Hamel to award the contract for the Harris Elementary School Irrigation project to Fairway Irrigation for a total of $5, 934.00. The motion passed unanimously, all Council members present voting aye. III. ITEMS ACTED UPON WITH ONE MOTION AFTER DISCUSSION OF INDIVIDUAL ITEMS ~ AS REQUESTED. Previously discussed in committee on January 12 (Present: Mayor Keller, Council Members Hamel, Haws, Williams, Bradley, Smith, Obie, Delay and Lieuallen); and on January 19, 1977 (Present: Mayor Keller, Council Members Hamel, Haws, Williams, Bradley, Smith, Obie, Delay and Lieuallen). Minutes of those meeting appear below printed in small er type. Janua~y 12! 1977 I. Items from Mayor and Council II-B-Z ( A. Appointments, Budget Committee-~r. Bradley asked that the Council approve his appointment of Rosalie Lemert to the Budget Committee from Ward 1; he also recommended that an alternate be appointed, but it was Council consensus to wait until vacancies' occur before considering replacements, rather than having alternates available. Mr. Haws moved seconded by Mr. Hamel to appoint Rosalie Lemert to the Budget Committee from Ward 1 for a term ending December 31, 1971. Motion carried unanimo~sly. . Conun 1/12/77 approve B. Tri-Agency Animal Control Authority-~r. Bradley reported on a recent meeting of the Tri-Agency Animal Control Authority at which a discussion was held concerning the feasibility of' sponsor- ing a spaying or neutering program. He said discussion was also 4It held on fee reductions for the elderly, poor, and disabled and that he would be interested in Council members' opinion on this. Finally, the respective jurisdictions will be requested to approve expenditure of the January I-June 30 budget of $157,930. S~ It was understood that the budget approval would come be- fore the Committee-of-the-Whole as SOon as staff receives Co.nun 1/'..2/77 C. Metropolitan Plan Policy Committee-~r. Bradley 'reported that the MPPC would be meeting January 13, at Carrow's Restaurant at 7 a.m. and the meeting is open to the public. Comm 1/12, file . D. New Industry in Eugene--Mr. Haws asked about the status of efforts of an electronics manufacturing firm, Data General Corporation, to locate a plant in Eugene. He said he has read conflicting newspaper articles on the subject. Manager indicated that the staff is processing the application of the property owners and developers and a February 1 hearing is scheduled for the Planning Commission. He indicated that they have requested rezoning and annexation and that their pro- posal includes a substantial area for housing development 'as well as a part devoted to industrial park development. Mr. Haws felt the rezoning and annexation applications should be an entirely separate issue from whether the firm is locating in Eugene. c, I I I . ~e Mrs. Smith felt that, if Eugene is serious about attracting non-polluting industries, there needs to be attention given to the overall picture of industrial sites. Planning Director said he is in the process of submitting a proposal to the City Manager for an economic consultant to look at the industrial base in Eugene. Mr. Haws wondered if staff could contact the electronics firm to learn their intentions. Comm 1/12/77 file Mayor Keller felt that the political leaders might be the appro- priate ones to deal with the matter. He indicated also that he-had conveyed to the Governor his wholehearted support for location of this and other non-polluting industries in Eugene. , I I '.; , Manager mentioned that the Governor has looked at the site that Data General is considering, and the Chamber is spearheading as well. Mr. Haws felt that, in order to attract such industries to Eugene, the City needs to present a united front. To his question on available land. Mrs. Betty Niven replied there is an abundance of M-3 which is "dirty" industrial land, but very Ii t tIe M-l land ("clean"). ( Mrs. Smith requested the staff to prepare an overview of available industrial sites, taking into consideration potential need for annexations, etc. 'e Mr. Bradley expressed concern about the entire process. It seemed there had been too many "subterranean contacts" with the firm by staff. He feels Council should be involved from the beginning. 53 1/24/77 - 17 ,.. r .... 5Lt Mr. Porter said that he had met with representatives of the firm some time ago at the request of the Chamber of Commerce. He indicated there are many requests for developments but they are . not presented to the Council until a formal application for re- zoning or annexation is ready for hearing. He added that Planning is restricted in quasi-judicial matters as to information Council may receive prior to public hearing. Councilman williams indicated that he had met with Data General early in the process, but there had been no discussion "that could have been construed as clandestine". He said they simply discuss- ed the attributes of the city of Eugene and looked at the property. He feels that, if Council wishes to be briefed every time a substan- tial application is made, Fasano procedures should then be reviewed. E. Appointments 1. Library Board: Mayor Keller recommended re-appointment to the Library Board of Charles Stephens and Linda Forrest for four-year terms ending 1/1/B1. Mr. Haws moved seconded by Mr. Hamel to confirm the appoint- ments to the Library Board. Motion carried unanimously. Corom 1/12/77 Approve Mr. Haws indicated that he would prefer to have a listing on future agendas of any appointments to be confirmed by the Council, thereby enabling him to consider selections prior to the meeting. Mr. Keller said he would do so. e 2. Airport Commission: Mayor Keller recommended re-appointment of Arthur Jarr for a four-year term ending l/l/BI. Mr. Haws moved seconded by Mr. Hamel to confirm the appoint- Comm mente Motion carried unanimously. 1/12/77 approve 3. Charitable Solicitation Committee: Mayor Keller recommended re-appointment of Don Dickover for a four-year term ending 1/1/81. Motion carried unanimously. Mr. Haws moved seconded by Mr. Hamel to confirm the appoint- ~/~/77 mente Motion carried unanimously. approve 4. Downtown Development Board: Mayor Keller appointed Navarre Davis, Vince Farina, and Tom Ballantyne for three-year terms ending 1/1/80. Comm 1/12/77 affirm 5. Gaming Commission: Mayor Keller appointed Joe Soderberg for _ Comm a two-year teL~ ending 1/1/79. 1/12/77 . ,affirm 6. Mayor's Bike Commission: Mayor Keller appo~nted Les AndersonC to fill a vacancy created by resignation of Scott Lieuallen. 1/~/77 7 b . 11. 11 .. affirm . Su comm~ttee on Room Tax A ocat~ons: Mayor Ke er 1nd1cated that he, Mr. Haws, and Mrs. Smith would be Council representative~omm ~, to this Committee. The Committee will meet January 20 at 2 p.m. 1/12/7'1' , affirm- B. Appointment of Council l-tembers to Committees: Council President Haws has distributed a list of recommendations of Council Cornm members to serve on various committees. After discussion, it was l/11/77 decided those appointments would be confirmed January 12 following affirD: Council interviews of finalists for boards and commission vacancies. e F. Municipal Court-Council Committee-~anager indicated that the report had been distributed to the Council members and that it would be placed on the January 19 Committee agenda for discussion. G. Joint Council-Planning Commission Meeting-~anager reminded Council members of the meeting on January 17, 1977, at 11~30 a.m. at the Thunderbird Motor Inn. H. Budget Committee Meeting-~anager said the next meeting would be held January 18, 1977, at 7:30 p.m. in the McNutt Room. '. Comm r 1/12/~ file Comm 1/12/77 file Comm 1/12/77 file I. Meeting With the State Legislative Representatives-~anager said the meeting is scheduled for January 20, and transportation will Comm 1/12, be provided for the Council members with the van leaving City Hall file at 3:30 p.m. J. Information from the Fire Chief Magazine--Magazine has been distri-C d . b d' f . omm bute to Counc1l mem ers. Manager note two 1tems 0 1nterest: 1/12/77 1) Article indicating very little radiation hazard from smoke f01 detectors. In that regard, Manager felt that it should be ale city policy to vigorously promote use of smoke detectors by city residents; and 2) Article on fire station locater techniques co-authored by Fire Chief Ev Hall. :\ I. Amendment to Section 9.466 of City Code to permit banks as conditional use in M-2 Zones <= Planning Commission report has been distributed to Council members. II. Mr. Haws moved seconded by Mr. Hamel that a public hearing be scheduled for January 24, 1977, to consider the Code Amendment. ' Council members Williams and Obie indicated a conflict of interest. Motion carried, all Council members present voting aye except Coune ilmen Williams and Obie abs taining. III. Alder Street Diverter Memo and map have been distributed to Council members. Mr. Haws moved seconded by Mr. Hamel that a public hearing be scheduled for February 14, 1977. Motion carried unanimously. IV. Community Development Block Grant Application HCC memo distributed to Council members. - Mr. Haws moved seconded by Mr. Hamel that a special Council meating be set for February 21, 1977, at 7:30 p.m. 55 1/24/77 - 19 Comm 1/12/77 pub hrg . ," ,f\Comm , 1/12/77 ,'pub hrg Comm 1/12/77 approve ( There was some discussion as to whether February 21 was a holiday for County and State employees. ( Mr. Bradley moved seconded by Mr. Haws to amend the motion to set the hearing for February 22, 1977. Motion failed, Council members Haws and Bradley voting aye and Council members Delay, Smith, Obie, Williams, Lieuallen, and Hamel voting no. . Vote was taken on the original motion which carried unanimously. , Mr. Haws moved seconded by Mr. Hamel that a public hearing be scheduled for February 21, 1977, at 7:30 p.m. for the 1977-78 Community Development Block Grant Application. Motion carried unanimously. V. Policy relating to referral of Joint Housing Committee housing proposals to neighborhood organizations Memo of January 3 from Mrs. Betty Niven has been distributed to the Council. It refers to a statement from the Neighborhood Organization Recognition Policy which says: "Neighborhood organizations shall be notified of all proposed changes in City policies, projects, service, and activities having a significant effect on their neighborhoods--- in ample time to allow participation in decision-making process." ( In that regard, the Joint Housing Committee is requesting the City Council to consider the extent to which that statement does or does not imply an extended period of time in which to examine proposals. Priorities must be established so that neighborhoods, developers, and the Joint Housing Committee know where they stand. To involve more and more people in the review process will cause serious delays in getting housing produced. It was understood that the matter would be discussed at the January 17 Joint Council-Planning Commission meeting. Mr. Porter indicated that the general outline in the meeting will be a presentation by staff on the problems, questions by Council and. Planning Commissioners and, if time, questions by neighborhood groups. Mr. Delay felt it would be worthwhile to distribute Mrs. Niven's memo to neighborhood groups prior to the January 17 meeting. .' I !I VI. Quasi-judicial hearings set for January 24, 1977 1. Rezoning from R-1 to R-2-10/A-SR area southeast corner Harlow Road and Coburg Road (Bennett) (Z 76-40) '.' '- 2. Rezoning from C-1 to RG area along west side of Adkins Street north of Willakenzie Road (Bendix) (z 76-41) ( 3. Rezoning from R-3 to C-2 SR area south of Centennial and east of Coburg Road (Refectory Restaurant) (Z 76-42) 5fa 1/24/77 - 20 e 'Comin 1/12/77 pubhrg e Cornm 1/12/7i file e e Comm 1/19/77 file e Comm 1/19/77 file e I. Items from Mayor and Council A. Concern over processing of permits, etc.--Mr. Obie referred to Mr. Williams' recent comments about the time involved and the complexities of processing building permits, easement dedications, etc. He thought it was more a city problem created by ordinance than a staff problem. Mr. Hamel said he also had some complaints about the lengthy process and felt some clarification would be in order. Mr. Williams said the increased complexity of procedures has dramati- cally slowed the rate by which people can accomplish anything and he wondered how much would be missed and what significance it would have if the process were streamlined. Mr. Haws also indicated he had received some complaints, and requested a report from the Planning Department on streamlining possibilities. Manager responded that the staff is now involved in an ambitious study in coopertion with the state, to enumerate at least all permits issued. He said perhaps that analysis could be provided to Council members. Mr. Allen, Public Works Director, cautioned the Council that his procedures are open to scrutiny, since many permits are processed under contract to the state. He said he felt the processes were being handled more efficiently at the local level than if handled by the state. Of course, he said, the processes meet pressures at the point of contact. He said he would be willing to discuss concerns with staff and Council. Mrs. Smith asked if streamlining ideas had been discussed with archi- tects and home builders. Mr. Allen replied they met frequently, but with no real solutions. Planning Director indicated he would be glad to provide an outline of the processes followed to the City Manager. Mr. Obie indicated he wanted to study the problem further and get staff input rather than have the staff prepare a report. He would come back to Council with either a motion, which would include a comprehensive study, or a report that nothing should be changed procedurally. B. Metropolitan Plan Policy Committee--Mr. Bradley gave a status report, indicating the Committee was completing Phase I, identifying substan- tive issues to be addressed in Phase II. He indicated the Planning Department will be mailing a packet of materials to the Council ex- plaining the issues and asking for feedback and direction to Mr. Bradley. 57 1/?A/77 _ ?l Comm 1/19/77 affirm Conun D. 1/19/77 affirm Conun Eo 1/19/77 file C. HCDC Appointment--HCDC has questioned whether to accept a Commission appointment made by Council because of the procedure used. Mr. Hamel wondered if HCDC had the authority to refuse. Assistant City Attorney, Stan Long, issued an opinion saying the appointment is valid and should not be questioned by HCDC. Minutes-Special Council Meeting January 12, 1977--Mr. Delay noted that a correction should be made to the minutes including Pam Mahler as first alternate and Sharon Gordon as second alternate to the Women's Commi ssion. e Lane County Commission Invitation--Mr. Delay relayed a message from Mr. Rust inviting members of Council to meet informally with the Commissioners. F. Assessment Panel Report-January 17, 1977 Present: Council members Williams and Delay, and City Engineer Teitzel A. C.B. 129!--Levying Assessments for paving Waite Street from Bell Avenue to Elmira Road (76-02--1203) Written protest was received from H. A. Sien of 641 Waite Street. Request to be heard was received from Les Wright of 662 Waite Street. Mr. Teitzel explained that the project was previously heard by the e Assessments Panel on December 6, 1976. He stated that the protests were centered around the direct charge for driveway replacement and concrete aprons. The property owners claimed they were lead to believe the $17.50 estimate included the driveway replacement and there would be no additional cost. He further stated that the Assess- ment Panel recommended the project be assessed as levied if the driveway replacement cost was heard on a taped recording of the Council meeting of April 12, 1976, and if not, the project be referred back to the Assessment Panel. Mr. Teitzel explained that in listening to the Council recording of April 12, 1976, the cost of driveway replacement was not read, and the only cost read was $17.50 per front foot for paving cost. Mr. Teitzel further emphasized the points in the attached memorandum to the City Manager, dated December 29, 1976, which was previously sent to the protestors of the assessment and to the Assessment Panel members. Mr. Teitzel stated it is the recom- mendation of the Public Works Department that the assessment be levied, deleting the 18 percent engineering and financing charge for the concrete apron and the driveway work, amounting to a total credit of $873.94, or approximately $0.21 per square foot of driveway area to each property owner. e 58. 1/24/77 - 22 e. Les Wright stated that he believed the City had not represented costs properly to the property owners, either at the Council meeting of April 12, 1976 or through contacts with field inspection personnel. He further stated that he was told the cost would be $17.50 per front foot and there would be no other charge. Howard Sien stated that he came to the Council meeting of April 12, 1976 and was one of the property owners convinced to change his mind regarding paving because he understood the cost would be $17.50 per front foot and there would be no other cost. There was further discussion between the Council members and Mr. Teitzel as to whether there is any invalidation of liability of the property owners for the work done on this project due to the fact that property owners were not informed of the square foot cost of driveway reconstruction. Mr. Teitzel stated that he had discussed the matter with the City Attorney's office and had been informed that the City is required to give an estimate only, and the assessment should be levied on a per unit basis as constructed. e Recommendation: That the assessment be levied as proposed with the exception that the engineering and financing charge of $873.94, relating to the driveway costs, be deleted from the assessment. B. C.B. 1302--Levying assessments for paving, sanitary sewer and storm sewer within Western Industrial Park and sanitary sewer and storm sewer within 160 feet of the south boundary of Western Industrial Park (76-24--1160) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. C. C.B. 1303--Levying assessments for sanitary sewer between 18th Avenue and 18th Place from Tyler Street to approximately 155 feet east (76-25--1229) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. D. C.B. 1304--Levying assessments for paving, sanitary sewer, and storm sewer within 2nd Addition to Firland Heights and sanitary sewer and storm sewer within 160 feet of the east boundary of 2nd Addition to Firland Heights (76-43--1274) e No written protests or requests to be heard were received, however, Terry Tillman appeared to question the description of the assessment, specifically the area within 160 feet of the east boundary of 2nd Addition to Firland Heights. He stated that his concern was that he understood the assessment was only to cover the lots within the sub- division and this assessment description sounded as though the area outside the subdivision would be assessed. ~ 1/24/77 - 23 Comm 1/19/77 approve Comm 1/19/77 file Mr. Teitzel explained that this assessment covered only the lots within the subdivision, and that this description was used prior to ~ the time Mr. Tillman had elected to have the lots assessed on an equal ~ lot basis, but that for legal reasons, the same description must be used throughout the project. Recommendation: Levy assessments as proposed. E. C.B. 1305--Levying assessments for sanitary sewer--Pattison Street from Berntzen Street to west within Gregory Park (76-47--1285) No written protests or requets to be heard were received. v Recommendation: Levy assessments as proposed. F. C.B. 1309--Levying assessments for paving, sanitary sewer, and storm sewer within Inger Park Subdivision; and sanitary sewer and storm sewer within 160 feet of the east boundary of Inger Park Subdivision (76-34--1180) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. G. C.B. 1310--Levying assessments for storm sewer to serve Briarwood Mobile Home Estates (76-35--1149) No written protests or requests to be heard were received. e Recommendation: Levy assessments as proposed. H. C.B. 1311--Levying assessments for sanitary sewer--Seneca Road from Roosevelt Boulevard to the north approximately 600 feet (76-48--1289) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. Manager noted that on C.B. 1290 it was recommended that the engineering and financing charge of $873.94 relating to driveway costs be dropped. Mr. Williams noted that this recommendation had come from Public Works. Mr. Haws moved, seconded by Mr. Hamel, to accept the Assessment Panel Report of January 17, 1977. Motion carried unanimously. G. Municipal Court Council Committee--Report was distributed to Council January 12. Assistant Manager indicated the report addressed itself to some of the concerns expressed by the Council. Mr. Haws indicated he was satisfied with the report, and requested that copies be distributed to the other Committee members. e ~o 1/24/77 - 24 e. Comm 1/19/77 file (bmm 1/19/77 pub hrg Comm 1/19/77 pub hrg Comm 1/19/77 pub hrg e Comm 1/19/77 pub hrg e H. Legislative-Council Meeting January 20--Manager indicated the van would be leaving City Hall at 3:30 p.m. for the trip to Salem. I. Rezoning from R-1 to R-2-10/A-SR area southeast corner Harlow Road and Coburg Road (Bennett) (Z 76-40)--Manager announced post- ponement of hearing from January 24, 1977 to February 14, 1977, at request of the applicant. II. Liquor license: Change of location A. Grocery Carts, Inc.--Wicker Basket Gourmet Foods (RMB) from 5th Avenue Market to 245 East 6th Avenue. III. Mr. Haws moved, seconded by Mr. Hamel, to set public hearing for January 24, 1977. Motion carried unanimously. Appealing denial of Merchant Police license by Police Department- Terry Lee Ackley--January 13 memo from Finance has been distributed to Council. At Mr. Haws' request, criteria for such an appeal will be distributed prior to the hearing. Mr. Haws moved, seconded by Mr. Hamel, that a hearing for the appeal be set for January 24, 1977. Motion carried unanimously. IV. Amendment to zoning code relating to Mobile Home Parks and Subdivision Section 3.005, 3.285, 3.455(2), 8.568(4), 8.690, 9.254, 9.310, 9.312, 9.324, 9.326, 9.354, 9.368, 9.424, 9.452, 9.544, 9.802, 9.804, 9.806, 9.808, 9.810, 9.812, 9.814, 9.816, 9.818; repealing Sections 9.706(3), 9.820, 9.822, 9.826, 9.828, 9.830, 9.832, 9.834, 9.836, 9.838, and 9.840-- December 13 official report was distributed to Council. Mr. Chenkin, assistant planning director, indicated that some of the changes were not substantive, changed only to conform with state and federal codes. The substantive changes include allowing mobile home parks only in single-family residential districts; modifying applicable conditional use permit procedures from two-step to one-step process, allowance of six mobile homes per acre rather than than the existing ten mobile homes per acre, and a requirement that mobile homes would have to conform in age to the requirements set forth by the state. Mr. Chenkin indicated the code changes would allow mobile home subdivisions with a three-acre minimum. He added that neighborhood groups had been included in the process of developing these changes. A packet will be sent to Council with complete staff notes and minutes prior to hearing. Mr. Haws moved, seconded by Mr. Hamel, that a pUblic heari ng be schedul ed for Feb rua ry 14, 1977. Moti on carri ed unanimously. ~I 1/24/77 - 25 Comm 1/19/77 pub hrg Comm 1/19/77 approve V. Blain Alley Vacation (AV 76-6) located west of High Street, north of East 2nd Avenue Report distributed to Council. e Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing for February 28, 1977. Mr. Bradley questioned the reason for the vacation, to which Mr. Porter replied that it was a cross alley on some property being developed for multiple-family living, and had been determined to be of no use as an alley. Vote was taken on the motion, which carried unanimously. VI. EWEB Requests for City to authorize granting of easement and dedication A. Deeding perpetual easement to Everett L. and E. M. Crocker easement for entrance to Lot 10, Block 1, an area in EWEB--right-of-way located in Ken Everett Subdivision. B. Deeding to the City of Springfield for public street and roadway an area in EWEB--right-of-way located where 15th Street intersects same north of Lawnright. Map, property description, and resolution have been distributed to Council. Mr. Haws moved, seconded by Mr. Hamel, to authorize granting of easement and dedication. Motion carried unanimously. e VII. Amendment to Downtown Development District Ordinance relating to taxing financial institutions Ordinance distributed to Council. Manager indicated this ordinance change would enable the City to tax institutions which had been previously exempt. Mr. Navarre Davis of the Downtown Development Board explained that the institutions in question were no longer sheltered by the law, and it was felt fair that they share in the cost of downtown parking. He indicated the Committee had met with representatives of the lending institutions, and had cooperation in drafting the ordinance. Mr. Williams questioned: 1) Why there was a difference in the percent- age of taxes to be levied between commercial banks and the savings and loan institutions; 2) how the determination was made; that is, how much to charge vis-a-vis what a professsional organization pays; and 3) if commer- cial banks have their own parking, are credits granted for that parking? Mr. Flogstad, finance director, responded that the formula had been derived based on the volume of foot and auto traffic of each business. As to the difference between commercial banks and savings and loans, he indicated they handl e two types of merchandi se and rates were adjusted to consider the difference between the volume of floor traffic. Re: parking credits, he indicated other businesses providing parking for . ~d.. 1/24/77 - 26 e Comm 1/19/77 pub hrg e e VIII. customers were not given credit unless the parking space was dedicated to the free parking program for use by all. Mr. Flogstad also mentioned that the rates are retroactive to October 1976, and he would appreciate Council approval at its earliest convenience. Mr. Keller indicated that he was delighted to see the report finalized and that all the cooperation among affected businesses would make a more viable downtown district. Mr. Haws moved, seconded by Mr. Hamel, to schedule a hearing for the amendment to the Downtown Development District Ordinance for January 24, 2977. Motion carried unanimously. Proposal to retain economic Consultants Oregon, Ltd., for economic base studies Planning Department January 14 report distributed to Council. Mr. Porter distributed copies of the contract to Council. He explained the main points in retaining the consultant: 1) Development of quarterly reports on specified topics at a cost of $16,000 per year; 2) work on specific long-range policy questions at a cost not to exceed $30 per hour; 3) development of a body of knowledge specifically oriented towards economic questions which may be faced by the City of Eugene. The quarterly reports will address four topics according to the following schedule: industrial sector, completed by 3/31/77; commercial sector completed by 6/30/77; single-family housing market completed by 9/30/77, and multiple-family housing completed by 12/31/77. Mr. Obie asked for a report on the credentials and background of the consultant firm. Mr. Whitelaw of Economic Consultants Oregon, Ltd., said he had recently completed a study for the City of Portland on the commercial and industrial sectors relating to issues of impact of zoning on prospects for expansion or controlling growth. He said the report had, in fact, become an economic working paper for their comprehensive planning process. He said his firm had been involved in many land-use programs in large and small cities in Oregon. Mr. Porter indicated it is important to know the impact of the urban service boundary on single- and multiple-family housing. The rate of absorption of single-family housing is a key factor, he said. Mr. Whitelaw said the key issue on zoning for manufacturing purposes, etc., is the fact that the City is faced with a choice--more employment (with less land for residences) or more residences (with less land for employment), and it would be difficult to address only one of the issues. In order to best serve the citizens, the land-use problem must be address- ed as an interrelated issue. Mr. Delay indicated he was pleased to see the city explore the issue. However, he wondered if the scope is too limited as the economy of the city is not isolated from the metropolitan area. He felt the thrust of the consultant work should include the other agencies--LCOG, Lane County, and the City of Springfield. ~3 l/24/77 - 27 Mr. Porter agreed that attempts had been made to make contractual agree- ... ments with those firms, but lack of funding had discouraged their partici- .., pation at this time. He indicated the consultant work would cover the entire metro area, and that it is recognized that even a national level has to be taken into consideration. He said he felt it was crucial to get started, and that throughout the process, all those concerned would be kept informed to avoid any duplication. Mr. Bradley asked how this study fits in with the 1990 Plan to which Mr. Farah replied that they are very intricately related. He again reiterated that there was a need to move ahead in a more definitive way to identify effects of economy on the community. He said data collected will go be- yond the data already gathered, and there was a need to expand discussions; that the particular housing problems have not been addressed and he felt that issue was very important. Mrs. Smith asked what implications the funding of this project had for next year's budget. Mr. Porter replied there were funds in the Planning Department to carry the project throughout next year. Mr. Keith Parks, EWEB, gave a strong endorsement to the consultant plan, indicating the effect it would have for EWEB would allow them to place their efforts and capital in the right places. Mr. Obie expressed thanks to the staff for the proposal, but he in- dicated concern whether the responsibility for economy and employment should rest with the Planning Department; he felt perhaps another depart- 4It ment should be set up to deal with this problem. He said he liked the . direction of the proposal, but was concerned with the amount of money being spent and perhaps more direction from the Council was necessary. Mr. Lieuallen and Mr. Haws indicated their agreement with the major thrust of the proposal. Comm 1/19/77 approve Mr. Haws moved, seconded by Mr. Hamel, to authorize execution of contract with Economic Consultants Oregon, Ltd., for an economic base study. Mr. Hamel indicated that at the county level, a group had been working toward such a proposed study. Mr. Bradley asked that perhaps Mr. Hamel could report to the Council what was being done at the county level. Comm IX. 1/19/77 file Review of Eugene, Oregon Legislative Program for 1977 Session Materials had been distributed January 14, 1977 to Council. The City Manager then briefly reviewed the priority items which Council should be considering: A. Field Burning--Manager indicated a policy stand had already been taken as indicated in Mayor Anderson1s memo of December 9, 1976, which was attached to the materials distributed. . ~Lf- 1/24/77 -28 e B. State Revenue Sharing--Manager indicated there were two bills now introduced, the one by the Governor would return one percent to the city the first year and two percent to the city the second year; the League's bill would return four percent yearly. C. Tort Liability Insurance--Manager indicated this was a critical issue as rates were going up. Assistant Manager indicated that for next year there would be a raise of 175 percent in insurance premiums for the City. He indicated options were being explored. Mr. Long indicated that the City is open to federal claims with no limit; whereas with state claims the ceiling is $300,000. Mayor Keller asked if the liability ceiling can be legislated or decided in courts. Mr. Long replied that the policy of sovereign immunity had been established and was written in language that could be changed by legislation. Manager indicated that the Council will be receiving a staff report on this matter. e D. Land Use Planning--The City Manager indicated there are a series of amendments coming out, of which most are supportive of the League's stance and that of the City. Mr. Porter indicated that basically the amendments are acceptable from the Planning Department's standpoint. Two areas were not acceptable which if taken in the extreme would unduly damage the state-wide planning effort. They were the proposals that: 1) prohibit LCDC from establishing goals and guidelines; and 2) elimination of the appeal process. On these two points the difficulty may be with the way the present law is being administered and not with the statuatory language. E. Personnel and Labor Relations--Manager indicated that under the past practices of the City he has been the spokesperson for the City on personnel issues. He said the question of local control will be coming up. Also, he indicated there were items of mandated costs, i.e., workmen's compensation, funding of the pension system, and certification of fire inspectors, police, etc. F. Writ of Review Amendments-~r. Long explained that an amendment is proposed that would allow the prevailing party to recover attorney fees in writ of review litigation. This puts pressure on the City if it loses, and then has to pay the fees, although the converse is true also. e G. Boundary Commission Powers Refinement--Mr. Long indicated there needs to be better criteria set in state statutes defining the Boundary Commission's jurisdiction. He said the City is subject to the authority of the Boundary Commission, that state law requires the City to comply with its decisions. For example, annexations can be accepted as submitted or changed or modified by the Boundary Commission and the City is under law to accept the Commission's decisions. He indicated that a proposal by the City to the Legislative Committee needs to be made allowing the city to challenge the Boundary Commission's autho- rity on a broader basis than is presently possible. ~5 1/24/77 - 29 Manager indicated that Council will be receiving information on these matters as it becomes available. . Mrs. Smith indicated she felt that legislation coming out of the Human Rights Commissions should also be included, with special re- ference to the Women's Commission. Assistant Manager indicated that Paget Engen is the contact person in Salem, and should be used by the Council as a resource person. Ms. Engen said that in regard to the revenue sharing issue, her recommendation to the Council would be to take no stand on specific bills, but give support of the general concept. Discussion was held concerning the procedure for the meeting with the Legislators. It was decided that the main reason for the meeting was to establish lines of communication, and that it was important for the Council to let the Legislators know positions on primary issues. x. Quasi-judicial hearings set for January 24, 1977 1. Rezoning from C-2 to H area southwest corner of 14th and Pearl (Soults-Westfall) (Z 76-46) Mr. Haws moved, seconded by Mr. Hamel that Items III-A through B-10 be approved, affirmed and filed as noted. Roll call vote: Motion carried, 411 all Council members present voting aye. II-B-3 IV. ORDINANCES The following Council Bills read for the first time on December 13 and 20, 1976, and January 10, 1977, and referred to Assessment Panel for hearing on January 17, 1977, are brought back for a second reading with Panel recommen- dation to levy assessments as proposed, with Public Works Department recom- mendation to accept the engineering and financing charge of $873.94 relating to the driveway costs. Council Bill 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. Mr. Haws moved, seconded by Mr. Hamel that Council bill 1292 be approved and given final passage. Roll call vote: All Council members present voting aye, the bill was declared passed and numbered 17830. . fo~ 1/24/77 ~: 30 - II-B-4 - 11-8-5 - Council Bill 1302-Levying assessments for paving, sanitary sewer, and stonm sewer within Western Industrial Park and sanitary sewer and storm sewer within 160 feet of the south boundary of Western Indus- trial Park (1150) (76-24) 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. Hamel that Council bill 1302 be approved and given final passage. Roll call vote: Motion passed, all Council members present voting aye, and the bill was numbered 17831. Council Bill 1303--Levying assessments for sanitary sewer beween 18th Avenue and 18th Place from Tyler Place to approximately 155 feet east (1229) (76-25) was read by number and title only with no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that Council Bill 1303 be approved and given final passage. Roll call vote: Motion passed, all Council members present voting aye, and the bill was numbered 17832. Council Bill 1304--Levying assessments for paving, sanitary sewer and storm sewer within Second Addition to Firland Heights and sanitary sewer and storm sewer within 160 feet of the east boundary of the east boundary of the Second Addition to Firland Heights (1274) (76-43) was read by number and title only. Mr. Haws moved, seconded by Mr. Hamel that Council Bill 1304 be approved and given final passage. Roll call vote: Motion passed, all Council members present voting aye, and the bill was numbered 17833. Council Bill 1305--Levying assessments for sanitary sewer-- Patterson Street from Berntzen Street to west within Gregory Park (1285) (76-47) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that Council bill 1305 be aproved and given final passage. Roll call vote: Motion passed, all Council members present voting aye, and the bill was numbered 17834. Council Bill 1309--Levying assessments for paving, sanitary and storm sewer within Inger Park Subdivision; and sanitary sewer and storm sewer within 160 feet of the east boundary of Inger Park Subdivision (1180)(76-34) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that Council bill 1309 be approved and given final passage. Roll call vote: All Council members present voting aye, the bill was declared passed and numbered 17820. Council Bill 1310--Levying assessments for stonm sewer to serve Briarwood Mobile Home Estates (1149) (76-35) was read by number and title only, there being no Council member present requesting that it be read in full. 1/24/77 - 3l ~7 II-B-6 Mr. Haws moved, seconded by Mr. Hamel that Council Bill 1310 be approved . and given final passage. Roll call vote: Motion passed with all Council members present voting aye, except Haws and Bradley abstaining, the bill was declared passed and numbered 17821. Council Bill 1311--Levying assessments for sanitary sewer-- Seneca Road from Roosevelt Boulevard to the north approximately 600 feet (1289)(76-48) was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel that Council Bill 1311 be approved and given final passage. Roll call vote: All Council members present voting aye, the bill was declared passed and numbered 17822. Council Bill 1320--Levying assessments for paving, sanitary sewer and storm sewer within Ron plat and sanitary sewer in area 160 feet west of Cleveland Street from 25th Avenue to south, and Lots 1, 2, 3 of Block 3, Woodhaven Addition north of 27th Avenue (75-52) (1036) 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. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration for final reading February 14, 1977. Motion carried unanimously. Council Bill 1321--Levying assessments for sanitary sewer on Garnet ~ Street from Dillard Road to 130 feet south (1266) (76-07) was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1322--Levying assessments for sanitary sewer to serve the area between Vine Maple Drive and 300 feet southwest of Vine Maple Drive and between 100 feet and 750 feet south of North Shasta Loop (1082) (76-08) was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommendat- ions on February 14, 1977. Motion carried unanimously. Council Bill 1323--Levying assessments for paving, sanitary and storm sewers and pedestrian way within 1st Addition to Souza Park (1245) (76-16) was read by number and title only, there being no Council member present requesting it be read in full. - 1/24/77 - 32 ~~ e Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1324--Levying assessments for sanitary sewer within Capricorn Estates (1219) (76-18) was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1325--Levying assessments for paving, sanitary sewer and storm sewer within Velkommen Park and sanitary and storm sewers to serve property within 160 feet of the north and west boundaries of Velkommen Park (1199) (76-27) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommendations on February 14, 1977. Motion carried unanimously. e Council Bill 1326--Levying assessments for storm sewer between Delta Highway and Norkenzie Road from Green Acres to Holly Street (1258) (76-31) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1327--Levying assessments for paving, sanitary sewer and storm sewer within 8th Addition to Bar M. Ranch; and sanitary sewer and storm sewer within 160 feet of the east boundary of 8th Addition to Bar M. Ranch (1283) (76-32) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. - Council Bill 1328--Levying assessments for sanitary sewer 25th Avenue from 650 feet east of Cleveland Street to 320 feet east within 2nd Addition to Leach Subdivision (1278) (76-40) was read by number and title only, there being no Council member present requesting that it be read in full. 1/24/77 - 33 ~q Mf~' HtaWt~ movedd'bsecofnded dbYtMrt.hHamAel that tthep billlfbe rhead.for theF b ,~ lrs lme an e re erre 0 e ssessmen ane or earlng on e ruary .,., 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1329--Levying assessments for paving, sanitary sewer and storm sewer within Alex-A Subdivision and sanitary sewer on Robin Avenue extended from Alex-A Subdivision west to Ruskin Street and on Dove Lane adjacent to Alex-A Subdivision (1293) (76-63) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1330--Levying assessments for sanitary sewer on Cross Place from Cross Street to 400 feet north (1279) (76-64) was read by number and title only, there being no Council member present re- questing that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1331--Levying assessments for sanitary sewer - North Polk Street from Polk Court to 800 feet north (1256) (76-70) was read by number and title only, there being no Council member present requesting that it be read in full. - Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1332--Levying assessments for storm sewer along the northeast boundary of 6th Addition to Bar M Ranch (1309) (76-71) was read by number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1333--Levying assessments for sanitary sewer-- Patterson Street from 40th Avenue to 300 feet south (1347) (76-75) was read by number and title only, there being no Council member present requesting that it be read in full. - 1/24/77 - 34 10 - Mr. Haws moved, seconded by Mr. Hamel that the bill be read for the first time and be referred to the Assessment Panel for hearing on February 7, 1977 and brought back for Council consideration of Panel recommenda- tions on February 14, 1977. Motion carried unanimously. Council Bill 1334--Calling hearing February 28, 1977 re: Blain Alley Vacation (AV 76-6) located west of High Street north of East 2nd Avenue 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. 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. Roll call vote: All Council members present voting aye, the bill was declared passed and numbered 17835. II-B-7 V. RESOLUTIONS Resolution No. 2619--Deeding perpetual easement to Everett L. and Edna M. Crocker easement for entrance to Lot 10, Block 1, an area in EWEB right-of-way located in Ken Everett subdivision was read by number and ti tl e. e Mr. Haws moved, seconded by Mr. Hamel to adopt the resolution. Roll call vote: Motion carried, all Council members present voting aye. Resolution No. 2620--Deeding to City of Springfield for public street and roadway in an area in EWEB right-of-way located where 15th Street intersects same north of Lawnridge 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. Resolution No. 2621--Authorizing City of Eugene to execute con- tract with Economic Consultants Oregon, Ltd., for an economic base study 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. Resolution No. 2622--Authorizing payment of bills and claims for period January 10, 1977 through January 24,1977 was read by number and ti tl e. Mr. Haws moved, seconded by Mr. Hamel to adopt the resolution. Roll call vote: Motion carried, all Council members present voting aye. . 1/24/77 - 35 71 VI. .FINDINGS OF THE COMMON COUNCIL OF THE CITY OF EUGENE, OREGON ON THE ~ APPEAL OF THE HEARING AUTHORITY'S DIAGRAMMATIC APPROVAL OF THE RIVERS ~ EDGE PLANNED UNIT DEVELOPMENT This matter came before the Common Council of the City of Eugene for public hearing on appeal from a decision of the Hearing Authority pursuant to the provisions of Sections 9.508 and 9.520 of the Eugene Code, 1971. The Hearing Authority had granted diagrammatic approval to the Rivers Edge Planned Unit Development, and appellant contends: 1. That the proposed development is not consistent with the standards plans, policies and ordinances adopted by the City; 2. That the proposed development's general design and character will not be reasonably compatible with appropriate development of abutting properties and the surrounding neighborhood; 3. That proposed buildings, roads, and other uses will unnecessarily alter the character of the site; 4. That public services and facilities are not available to at least the same degree as they were in other similar locations in the City when developments were approved; with the reasons for their contentions set forth in the appeal. Based upon its review of the record of the Hearing Authority, the material ~ submitted and the testimony presented, the Common council finds that the decision of the Hearing Authority was properly made and based upon the evidence . in record, and the diagrammatic approval granted to the Rivers Edge Planned Unit Development is hereby affirmed. Mr. Haws moved, seconded by Mr. Hamel to adopt the findings. Councilman Bradley expressed concern that he didn't think the findings were findings at all, but were statements of the appellant. Ms. Joyce Benjamin, City Attorney's office, indicated that the findings had been considered very carefully and were in compliance with the new PUD ordi- nance. She said the findings made by the Planning Commission had come to the Council for a hearing and an appeal on those Planning Commission findings. She indicated the fact that the Council could reverse or modify those findings; that the present findings were in order. Vote was taken on the motion with all Council members present voting aye except Obie and Bradley voting no. ~upon motion duly made, adjO,n~ C ar es T. Henry -r Ci ty Manager seconded and carried, the meeting was DT:ng/CM26b2 - 1/24/77 - 36 1^-