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HomeMy WebLinkAbout02/14/1977 Meeting e I-A-l - e M I NUT E S EUGENE eITY eOUNCIL February 14, 1977 The regular meeting of the eommon Council of the eity of Eugene, Oregon was called to order by His Honor Mayor Gus Keller at 7:30 p.m. on February 14, 1977, in the eouncil Chamber with the following Council members present: Eric Haws, Tom Williams, D. W. Hamel, Ray Bradley, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. I. Public Hearin1s A. Rezoning rom R-l to R-2-10/A-SR area southeast corner Harlow Road eoburg Road (Bennett) (Z 76-40) Recommended by Planning eommission December 7, 1976. Manager said property was Tax Lot 500--Assessor's Map 17-03-21-1 1, located southeast of the corner of Harlow Road and Coburg Road, and the requested change was from a R-1 Single- Family Residential District to R-2 Limited Multiple-Family Resi- dential District. Jim Saul, Planning Department, said the property of this request consists of approximately three-quarters of an acre, and has one single-family home located on the north portion adjacent to Harlow Road. Land directly to the south and east is zoned R-2 and devel- oped in multiple-family apartments. The area west of this request is zoned R-3 and also developed in apartments. Land to the north- west, across Coburg Road, is zoned R-l also, and developed in low- density residential uses. Thus, this request would conform with the adjacent multiple-family development, and would provide for higher density residential development in close proximity to major shopping areas and transportation corridors. He said the surround- ing development would appear to support the subject request. Two concerns for site review were expressed: 1) compatibility with surroundings, particularly when residential in character; and 2) safe and efficient ingress and egress and on-site traffic circu- lation. He noted that there is a low-vacancy rate in Eugene, which does generally indicate a need to increase the inventory of housing within the city. In view of these findings, the Plan- ning Commission staff recommended approval of this zone change request with site review procedures as noted above, and a density limitation of ten units per acre. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes of December 7, 1976 were received as part of this record by reference thereto. Public hearing was opened. 2/14/77--1 c( Robert Bennett, owner of property in question, indicated a letter and site plan had been provided to the eouncil showing a variance from the existing staff recommendation. He felt this particular site could accommodate more than ten units per acre, and would request that the Council approve the request for more than ten units per acre. e Public Hearing was closed, with no further testimony being presented. Ms. Smith questioned staff as to the surrounding property devel- opments and the density per acre. Mr. Saul replied that the city zoning in the property surrounding the requested development has ten units per acre, and this was the reason the Planning Commission had recommended approval with ten units per acre. He further explained the area is seen by the eity as a low-density area, which is defined as one to ten units per acre, therefore being consistent with the surrounding development. He also said the City has, since 1967, been following a policy of allowing up to ten units per acre in such developments. He felt the staff posi- tion of the Planning eommission should be upheld. Councilman Lieuallen asked James Bernhard, Planning Commission, what things were talked about in the public hearing on the zone request in regard to increasing the density per acre. Mr. Bern- hard replied that discussion concerning the site review included a procedure sufficient to handle the site review proposals, re- sulting in the limitation of ten units per acre, saying that this was compatible with the surrounding property. Mr. Lieual1en then asked if it would make any difference to the area if more units per acre were added, to which Mr. Bernhard replied he could not say. - Mr. Bennett reiterated the arbitrary density rate should not apply in all cases. He said in his development he would try to meet all criteria set forth by the Planning Commission, and that his proposal for more than ten units per acre should be given some consideration. He said he understood the request for variance could be made at this time. Mr. Lieuallen said he felt this might be an arbitrary decision, to which Mr. Delay replied he presumes any limits in regard to rezoning an area are arbitrary. He asked whether this would be the appropriate procedure or appropriate time to look at the variance and the zoning issue, but said that he would rather deal with the zoning issue at this time. Mr. Saul questioned what the meaning of variance should,be, and indicated that if the Council takes action different from the Planning Commission, he reminded Council the issue would then go back to a joint meeting between the Planning Commission and the eouncil for resolution. Mr. Obie indicated his support for Mr. Bennett's position and said perhaps the decision of ten units per acre is an arbitrary one, but that the density should be kept at a norm for the neighborhood. Mr. Delay indicated he was e 2/14/77--2 18 e in favor of the motion as it stands, and didn't feel the eouncil should be taking over the work of the Planning Commission on a relatively minor issue. C. B. No. 1335--Rezoning from R-l to R-2-10/A-SR area corner Harlow Road and eoburg Road (Bennett) ( Z 76-4) 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 support- ing the rezoning 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 eouncil; 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. Rollcall vote. Motion passed, with Haws, Hamel, Williams, Bradley, Delay, Lieuallen, and Smith voting aye, and Obie voting no. The bill was declared passed and numbered 17836. I-A-2 B. Temporary Mobile Home Permit, Northeast corner of East 11th and High (Bank of Northwest) Manager indicated this item would be considered at the end of the agenda under resolutions. c. ehange of name of Lindsay Loop to McLean Boulevard Recommended by Planning Commission January 10, 1977. Manager said this recommendation of approval for a street name change from Lindsay Loop to McLean Boulevard was located on Assessor's Map 18-04-12-2 0, located south of McLean Boulevard and west of Chambers Street. Mr. Saul, Planning Commission, said the street name change had been requested by Mr. Bruce McCracken, owner of one of the abutting properties. He said there had been some con- fusion in the neighborhood of finding houses as there were no street name signs. e I-A-2 Public Hearing was held with no testimony presented. C. B. 1336--ehanging name of Lindsay Loop to McLean Boulevard was read by council bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous consent of the eouncil; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. ('1 2/14/77 --3 Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Rollcall vote. All Council members .. present voting aye, the bill was declared passed and numbered -,., 17837. I-A-3 D. Pedestrian right-of-way vacation: south from Bardell Avenue at Stonegate Street (Lind1ey/SV 76-4) Planning Commission recommended denial at November 8, 1976 meeting. Manager indicated this property was located south from Bardell Avenue at Stonegate Street between Tax Lots 1100 and 1200 and the Planning Commission had recommended denial of the vacation of a 15-foot wide by 190-foot long unimproved pedestrian right-of-way. Jim Saul, Planning Department said when the Bardell Estates Sub- division was approved in 1962, two pedestrian easements were es- tablished. Those easements were required to provide access from the subdivision and the residential area to the north to the re- gional park south of Bardell Estates. He indicated Alton Baker Park has gradually been developed in this area with the most re- cent improvement to be completed a canoeway which runs along the rear of lots fronting on Bardell Avenue. He said the request had been made by abutting property owners and that the Planning Com- mission's decision had been predicated by: 1) easement had not been improved; and 2) the Lane County Parks Department view that this vacation would be premature. Public hearing was held with no testimony presented. Mr. Haws moved, seconded by Mr. Hamel, to approve the Planning 4It Commission's recommendation of denying the request for a right- of-way vacation. Motion carried unanimously, with all Council members present voting aye. I-A-4 E. Council consideration of eity Manager1s administrative order RE: Alder Street traffic diverters--19th and 24th avenues Manager indicated that in accordance with the traffic diverter policy, Resolution No. 2414, he was recommending the adoption of the proposals and recommendations of the Public Works Depart- ment that the permanent traffic diverters be installed as out- lined in their memo of December 30. As part of the administrative order, the background report and statistical data prepared by the Public Works Department, dated December 8, will comprise ad- ditional findings in support of this decision. Mr. Darrell Wilburn, Traffic Division, said the development of temporary traffic diverters in this area had been made in connec- tion with the South University Neighborhood Association. Hearings held before SUNA indicated they would like to make the following recommendations: through traffic on these two streets had been significantly reduced by the traffic diverters; that the SUNA was in favor of the diverters; and that there had been no indi- cation that emergency vehicles in the area had been impeded. Public Hearing was opened. .. '2/14/77--4 8b e Bruce Starkweather, 2173 Alder; Helmut R. Plant, 2034 Alder; Dan Neil, 2241 Alder; Noel Parstak, 2324 Alder; Jane Colgren, 1926 Alder; and Dan Jeppesen, 2223 Alder, all indicated their support for permanent traffic diverters being installed on Alder Street. They indicated pleasure with the way the City had worked with the neighborhood organization with this problem, and felt that the traffic diverters had been extremely successful in reducing the amount of motor vehicular traffic and increasing the amount of bicycle traffic making the streets much more livable, humane, and safe for the children in the area. All indicated they were in favor of Council action for permanency of these diverters. Mr. Cliff Codding, 2109 Alder Street, said he was against the traffic diverters. He said he had no objection to the peace and quiet or to the bicycles, but he was concerned about the precedent being set for the city, wherein a small neighborhood could design the streets to make them safer for the children living on the street and that he didn't think the neighborhoods had the right to say that other townspeople could not travel on their streets. He indicated he had 22 signatures opposed to the traffic diverters, 18 of those who signed living on Alder Street. He indicated he was opposed to the traffic diverters based on general principles. - Donald and Sharon Piper, 2170 Alder, and Mr. and Mrs. Ralph Butzirus, 1915 Alder, expressed written support for the traffic diverters. Public testimony was closed, there being no further testimony presented. Mr. Haws moved, seconded by Mr. Hamel, to adopt City Manager's administrative order regarding Alder Street traffic diverters on 19th and 24th avenues, and to include findings of the Public Works Department. Motion carried, with Haws, Bradley, Delay, Lieuallen, Obie, and Smith voting aye; Hamel and Williams voting no. I-A-5 F. Request for official assessment of open space land: 10th Addition Nob Hill Homes Association (OS 76-2) Recommended by Planning Commission January 4, 1977. Manager indi- cated this property was located east of Cameo Drive and southwest of 30th Avenue, east; east of Agate Street and Stony Ridge Road, and was a request for a special assessment for open space land. He said that persons may apply for reduced assessment for property which remains open and unimproved and the Planning Commission's recommendation was unanimous. Mr. Saul said the Planning Commis- sion had recommended this property for open space based on Oregon state statutes which indicate that a determination for open space assessment is based on whether the property is suitable or whether the property meets certain standards. It was the evaluation of the Planning eommission, based on these criteria by state e 81 2/14/77--5 statutes, that the property did meet the criteria, and therefore could be assessed for open space. He said some of the property is vacant, heavily wooded with large Douglas fir and mixed decid- uous trees and serves as a buffer between differing home sites and the EWEB reservoir. He said ~he slope of some of the property varies from 20 to 50 percent and is in close proximity to Nob Hill 9th Addition open area designated as open space land in 1974. e Public hearing was opened. Ray Lindberg, 3110 Emerald, president of the homeowners association in the area and developer of the property, said he was speaking on behalf of the 11th and 12th additions in the area. He said the lots against the park are going up in assessed value and that, in fact, this property would become public property as it cannot be sold and cannot be fenced. He said this area was very much needed as there was no other open space property located in that area. Public hearing was closed, there being no further testimony presented. Resolution No. 2624--Authorizing official assessment of open space land: 10th Addition Nob Hill Homes Association (OS 76-2) was read by numoer and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. e I-A-6 G. Motor truck prohibitions on Royal (Highway 99 to Be1tline), Elmira (Bertelsen to Maple), Bertelsen (Elmira to Royal), and Maple (Elmira to Roosevelt) Manager said this item had been carried over from the January 24 Council meeting, at which time public testimony was taken. There would be no public testimony at this time. He indicated Council had taken a tour of the area and had been provided additional information from the Traffic Division of the City. In the ad- ditional information, several resolutions and options were pro- vided for the Council. Mr. Darrell Wilburn, Traffic Division, reviewed the background material and indicated his staff's position was recommendation of Option No. 3 for Council approval. Mr. Haws, in a recapitu- lation of a testimony held at the January 24 eouncil meeting, indicated the testimony heard supported two opposing viewpoints: residents in the area complained of the noise, the unsafe con- ditions created by trucks in the area, and the general impact the trucking movement had in a negative effect on the area; several industries in the area had testified to the effect that the access was necessary to keep their costs down and to maintain access to the various logging and industrial businesses. Mr. Bradley said that he felt that additional testimony should be presented at this meeting. e 2/14/77--6 8~ . Mr. Bradley moved to open for a ten-minute period public testimony. Mr. Lieuallen seconded. The motion was defeated with eouncil members Qbie, Williams, Hamel, and Smith voting no; Bradley, Haws, Lieuallen, and Delay voting aye; Mayor Keller voted no, breaking the tie. Mr. Williams said he felt that the concern for the noise and safety of those living in the area was a legitimate concern. He questioned whether trucks were using these streets before the houses were built in the area, or whether the houses and resi- dential area was established before the trucks started moving in the area, indicating that perhaps the people who moved there were aware of traffic moving through the area. Mr. Don Allen, Public Works Department, indicated the roads in question have held a variety of classifications over a period of years. He said the streets were zoned as a residential area, but traffic was moving through the streets prior to the area being annexed to the city. The increase in truck traffic had developed over the past few years because of the development of other arterials in the area. He said that in 1962 it was correct that there were more residential uses of the street than trucking uses, and very little truck traffic was held on Bertelsen and Elmira. - Mr. Bradley replied to Mr. Williams. question that he felt it was not a matter of residents purchasing the property in the area knowing the trucks were there or that trucks have a pre- emptive right to be there. He felt it was a balance question, not a question of who was there first. Mr. Allen said that for a long time the staff and people in the area had been led to believe that Highway 126 would become a reality and would provide substantial relief for the traffic in the area. The people had developed in that area, based on that premise. Mayor Keller asked Mr. Allen if he believed the improvement of 11th Avenue would solve the problem. Mr. Allen said it would solve several problems and facilitate traffic movement. Mayor Keller asked if any other alternatives had been considered, to which Mr. Allen replied that staff was still exploring the poss- ibility of building a facility which would be lesser than Highway 126, and not quite a freeway, but would still not be in the immediate future. - Mr. Williams likened the situation to development of an airport where people move in and complain of the noise so close to the airport and then ask that the airport be closed. He indicated his concern about the present energy shortage and said he was not sure that the industries should be made to absorb the costs of alternate routing. He indicated a concern for the order of development in that area, saying that if it is traditional and accepted that trucks use the streets in the area, he is not sure it would be prudent to deny that use. He said the costs involved to both industry and society are complex. 83 2/14/77--7 Mr~ ?bie indicated he was not in a position to support any of the options outlIned ~y thel Traffic Division, that he would like to see the possibility o~ ~ pe:mlt sys~em for e~isting industry explored, a possibility on the lImItatIon, perhaps, of hours and days of the week for truck traffic, and the possibility of an east-west arterial development. Mr. Lieuallen said he did not see the issue as voting for or against 4It either faction in the area, but sees it as a compromise situation with everyone having to give a little bit. He said who was there first is irrelevant, that everyone in the area has a legitimate interest in that area and it is up to the Council to decide how to make the area more livable for both sides. Mr. Delay indicated agreement with Mr. Lieuallen. He said the Council was dealing with the question of growth as the issue, and that asking for a compromise on both sides is the most likely solution, with indus- try and society compromising until better links in the roadway can be developed. Mr. Bradley expressed his concern over the cost; the economic and social costs to people in the area. He said the question of allocating those costs is pertinent, that business can pass on those costs to society, while the social cost to the neighborhoods in the area is the main concern to him. Mr. Haws moved, seconded by Mr. Hamel, to direct staff to prepare a resolution incorporating Resolution D-12 (Option No.3) with provision in the resolution that it not go into effect until the West 11th improvement from Bailey Hill to Beltline Road is completed. Motion carried with Council- members Haws, Bradley, Delay, Lieuallen, and Smith voting aye; Hamel, Williams, and Obie voting no. Wes Morgan, Nils Holt and Associates, testified that he had no knowledge of the meeting that had been held in January, and had had no notification that publiC testimony was to be taken at that time. He wondered if there was a possibility of establishing a basis for a possible rehearing. Mr. Bradley again asked Council to reconsider opening the hearing. Mr. Obie replied that further testimony could be taken when the vote on the resolution appeared before the Council. e A short recess was taken. 1-B-2 H. Amendment to zoning code relating to Mobile Home Parks and Sub- divfsions Amending Sections 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, 9.4?4, 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; and declaring an emergency. Manager indicated this amendment to the zoning code had been rec- ommended by the Planning Commission on December 13, 1976. He said some of the changes in the code were simply housekeeping changes, but there were some significant major revisions. He said the changes in the code had had considerable study over a number of years, and that the changes would conform more to state and fed- eral regulations. Gary ehenkin, Planning Department, indicated that his department had been working on this amendment since 1974. He said the present code had been adopted prior to the 1968 zoning ordinance and there was conflict and redundancy in putting the two - 2/14/77--8 Blf e codes together. A number of changes have occurred since then in both the eity policy and in the industry. Now, there are higher quality mobile homes being produced, and mobile home living is becoming more popular. He said in the last year, both state and federal governments have become much more involved in the mobile home construction and the regulations. The present code amend- ment before the eouncil would allow the eity to be more in accor- dance with those state and federal regulations. He listed some of the substantial changes which would occur by passing this proposed code amendment--the present code allows ten units per acre, and the new code would allow six per acre; mobile home parks would be allowed to have 150 spaces, several neighborhoods could be incorporated, if needed, with 150 spaces each; mobile home parks would have to comply with the standards of the 1969 code; mobile home parks would be zoned in R-l or RA area single-family dwellings with approval of conditional use permits and 6,000 square feet per dwelling; reduction of the conditional use permit from a two-step process to a one-step process, resulting in time and cost savings, allowing the city to still control to its satisfaction. Temporary offices and night watchman quarters now require eity eouncil approval. Under the new code, this would be an administrative decision; provisions for mobile home subdivisions in R-l and RA subdivision plats would be accommodated. He indicated that many people now want to own their own land, and this provision in the new code would allow subdivisions with mobile homes on privately-owned land. Subdivisions would be developed with the minimum of three acres and six dwelling units per acre. He indicated the other changes in the code were minor, eliminating changing some wordings and definitions. e e Public hearing was opened. Betty Niven gave some background information to Council. She said the conventional housing costs have put low housing out of the reach of many people, with lot size and square footage in- creasing, and land costs going up. She cited figures showing a great lack of mobile home parks in the city of Eugene; that many people would like to live in mobile homes, but do not find vacancies available. She said 1976 figures showed an increase of 49 percent over 1975 for stick-built homes, with only eight percent over 1975 for mobile homes. She cited 1976 figures Showing that mobile homes as a percentage of the total housing available for the state was 25 percent; for the county, 28 per- cent; and for Eugene, only 17 percent. She cited the example of the newest mobile home park development, Briarwood, which had to go to court twice in order to get permission for the develop- ment. In seven weeks time, 33 spaces had been rented, and it was anticipated that the entire mobile home park would be filled within a year. She said there are no additional mobile home parks in the process of development. There are simply no avail- able spots in the city of Eugene for people who want to buy mobile 2/14/77--9 ~ Arden Munkres, 2104 Dewey Street, chairman of the Active Bethel Citizens, reported the increase of mobile home parks in the Bethel- Danebo in the last few years and said that this was a concern of the citizens in the area. He said mobile home parks have the same impact on a neighborhood as a freeway; that it breaks the normal flow of the neighborhood by being fenced in and dividing the neigh- borhood. He indicated that a large majority of these parks have ended up in the Bethel area, and he, as well as other Bethel-Danebo citizens, felt there is a need for the City to spread the mobile home parks around the entire city, so not just one area ends up with all the parks. He felt an additional amendment should be added to include an environmental impact statement. . Sharon Posner, 2473 Columbia Street, League of Women Voters of Central Lane County, said the League supported the proposed amendment in that it would provide more housing options for the citizens of the community. She said in the study done by the League that League members had recognized attitudes toward mobile home parks had been based on misconceptions, rather than on facts; that mobile home parks and subdivisions are not low-income hous- ing, but do provide lower cost housing for many people. She said mobile home parks and subdivisions are kept or unkept in the same proportion as other neighborhoods. The impact of mobile home parks and subdivisions on schools and other services would be no greater than other housing developments. Mobile home parks and subdivisions would not result in a substantial loss of a tax base. She said the League's prime concern was that the City find the best means of housing options for its citizens. The League there- fore supported and urged adoption of the proposed amendment. Donald J. Hatfield, 2189 Dewey Street, said he felt that the Briar- wood Mobile Home Park development was very nice, but it was in the wrong place, as it was splitting up a neighborhood. It creates a neighborhood fenced within a neighborhood. He indicated that people who would be affected by mobile home parks and subdivisions need to have the right to say what effect it will .have on the property surrounding the area. He also said he supported the two- step process in the conditional use permit. He said he was not against mobile home parks or mobile home owners, but he felt they should be more on the edge of a neighborhood rather than right in the middle. He also said it might be necessary to have people taking care of their own property and that all screening around a mobile home park be the same. He said he felt people would rather live in stick-built homes, but could not afford them, and therefore end up in mobile homes. Robert Harrison, president of the Oregon Mobile Home Dealer's Association, indicated his industry had been working for a con- siderable time with the Planning Staff to work out a viable pro- gram for mobile parks and subdivisions in Eugene. He said of the eight to ten proposed mobile home parks in the last few years, only one has been built. He supported simplified the process for the builder to get a permit through to develop a mobile home e . 2/14/77--10 8~ e park in Eugene, and indicated the improvement in the hearing pro- cess this amended code would allow would save time and costs. He doubted that many developers would come into Eugene to develop, as it presently is not economically feasible to do so. Regard- ing the type of people who buy mobile homes, he said that currently in Briarwood Park, many of the homes exceed $30,000, many running into the $40,000 bracket. The mobile home subdivision code amend- ment would provide people with the opportunity to have low-cost housing and own their own property at the same time, thus providing an alternative to the present housing situation. He also stated that the new federal building codes are assuring that mobile homes are being built comparable to stick-built homes. He also said that land is not available in the county, and that subdivisions are very necessary at this time, as there are very few parcels of land left in Eugene to accomplish developing mobile home parks. This ordinance would make mobile home development available in parts of the city on smaller plots of land; Eugene needs this type of housing very badly. He urged the eity to adopt the reso- lution. Public hearing was closed, there being no further testimony presented. e Discussion was held concerning the conditional use permit. Mr. Bradley raised the question if in RA and R-l zoning the conditional use permits were granted, would Hearings Officials still be used. Gary ehenkin, Planning Department, replied in the proposed mobile home park subdivision, the conditional use permit would not be required. Under present code, conventional subdivision lots do not require conditional use permits and the mobile home subdivi- sions would be treated in the same manner. For mobile home parks, conditional use permits would be granted, and Hearings Officials would be used. Mr. Saul explained the reason for requiring a conditional use permit is the size of the mobile home park is usually far greater than regular subdivisions. A review of sub- division regulations of the city show that the type of details specified offer numerous safeguards for abutting property owners. e Mr. Lieuallen asked if staff had figures on the cost of mobile homes in a subdivision, to which Mr. Chenkin replied there are only mobile home parks in existence in Eugene which people do not buy but rent their land space. This is one reason for the proposed subdivisions, so that the people could own their own land. Ms. Betty Niven said one advantage of the mobile home subdivision would be that the people would not be bound by the conventional ratios of land value to property value. She indi- cated that most mobile homes were selling in the middle range of from $20,000 to $25,000. Mr. Lieuallen asked if there were any data on how long mobile homes last. Ms. Niven replied that the construction techniques are improving greatly, and of course it would depend on how the mobile home was built and how it was maintained, but that they were capable of lasting a long time. 2/14/77--11 87 Mr. Obie asked Mr. ehenkin if the PUD ordinance would apply to the mobile home park subdivision. Mr. Chenkin replied it could apply if it varied from'the standard zone development, but it was not necessary for a conventional subdivision. Mr. Bradley asked if it would be possible to restrict mobile home subdivisions in newly-zoned R-l areas after a certain date. Mr. Chenkin re- lied no, that the proposed amendment would not vary between the new R-l and the old R-l zoned areas. e e.B. 1337--Authorizing zoning code relating to mobile home parks and subdivisions, amending Sections 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; and declaring an emergency 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 C.B. 1337 be read the second time by council bill number only, with unanimous consent of the Council , and that enactment be considered at this time. Mr. Bradley indicated he felt uncomfortable on this particular issue as he could not see what ramifications it had for the future, whether it would accelerate more rapid growth, and whether that ~ would be good or bad. He said he felt that having the conditional ~ use permit in the interim might be more feasible with the possi- bility of later taking that out of the process. He said this was an extremely important decision and he felt it was necessary to have control of an independent hearing officer in the process. Mr. Bradley asked whether other cities have mobile home park con- ditional use permits. Mr. Chenkin replied yes, that both in Spring- field and Lane County, this was the case. Mr. Lieuallen asked if there were any other areas either in Portland or outside the state where mobile home parks and subdivisions are in existence. Mr. Chenkin replied that there were many. He said this would not be a unique situation, but that he couldn't cite any specific cities or states. He said Springfield does not feel that the mobile home parks and subdivisions are out of control in that area. He said that in all the areas with which he was familiar, there had been no negative responses regarding such developments. Mr. Bradley asked if the ordinance did provide for compact urban growth, he wondered whether there would be a problem with timing, with the compact urban growth over a spectrum of time period. He wondered what kinds of control there would have to be to place this subdivision development in its proper perspective without a conditional use process. Mr. Williams said he did not believe that the conditional use permit procedure is judgmental or based on timing, but rather whether the request for the conditional use permit conforms to the neighborhood. He said there is no - 2/14/77--12 88 e structure in the system for staging growth structure, and felt that this was a fairly simple issue; that society is not now able to house its citizens in a conventional housing system and what will the eouncil do about the matter. He said he felt mobile home parks and subdivisions were a more efficient way to accomplish providing housing for its citizens. He asked. Council members whether they were going to force people who wanted to live in mobile homes to live in a park, or whether it would provide them with a chance to live on their own land. He felt that this pro- posed amendment was one step in that direction. 11-8-1 Vote was taken on the motion which passed with all members voting aye, except Mr. Bradley voting no. Lacking unanimous consent of the eouncil, the matter was held over to the February 28 meeting. I. Amendment to Resolution No. 2344 establishing policy governing eity testimony. Manager said this proposed resolution regarding public testimony had been proposed by the Council's Legislative Subcommittee. He also said an amendment to the new resolution had been presented by eouncilmembers Smith and Haws. e Mr. Williams, Chairman of the Legislative Subcommittee, said that the original resolution would allow members of City boards and commissions to speak to the Legis- lature only as private individuals. The proposed resolution would allow members of departments, boards, or commissions of the City to testify before the Legislature by presenting the proposed testi- mony to the eouncil for prior approval. The other change would be in the event the Council would not have time to hear or consider the testimony, then the City Manager then would be authorized to speak for the Council, with written summary of testimony under this authority provided to the Council. 'He said included in the pro- posed resolution is the fact that any individual can still speak as an individual in his own right. eouncilmembers Haws and Smith indicated the reasons for their amendments to the proposed resolution were that they felt the various commissions of the city should be allowed to testify in their own right in the Legislature. Mr. Haws stated that in Section I, the changes were that a written statement would be submitted to the City and that the commissions or persons testi- fying would acknowledge in testimony that the testimony is con- trary to the City Council's policies. Mr. Obie indicated that he felt the amendment to the proposed resolution was too watered down, and was not comfortable with the elimination of stating that any testimony contrary to the City eouncil 's position was not the policy of the City Council of Eugene. Ms. Smith replied that the proposed amendments would include that the commissions state in their testimony that they are speaking for the commission. e Public Hearing was opened. 89 2/14/77--13 Bob Blizzard, 3135 Van Avenue, spoke as chairman of the Handi- capped eommission. He said the Commission had reviewed the pro- posed amendments and supported both of the proposed changes. He said it would streamline the process of testimony before the Legi sl ature. Don ehalmers, 2500 Spring Boulevard, spoke on behalf of the Youth Commission, indicating that it supported the two amendments as proposed by Councilmembers Haws and Smith. He said that as the Commission saw it, they would be speaking as a commission and testifying before the Legislature as a commission and not on behalf of the eity of Eugene. He questioned Section VII, which stated copies of the resolution would be distributed to the bodies and asked for clarification. He said would the procedure be a matter of having a written statement available by the City Manager saying, "This is the position the eity has taken on this issue". e Sarah Lichtenstein, 1650 Kona Street, spoke as president of the Women's eommission. She indicated that there was no expectation on behalf of her commission that extensive testimony would be given or that opposing positions contrary to the City would be made, but she said the Commission felt some flexibility needed to be determined by the City to allow testimony. She felt the Council ought to trust its commissions and urged support of the proposed amendments. Public hearing was closed, there being no further testimony being presented. . Assistant City Manager indicated that the proposed resolution had been considered by the Airport Commission and had been gen- erally accepted although a suggestion was made that a modification to Section II include that testimony before the legislative bodies be at an individual's expense and not at the public's expense. He went on to state that the staff was more comfortable with the original resolution than with the amendments as proposed, as it would allow opportunity for the staff to testify in administrative matters where they have direction from the Council. He said the proposed amendments posed a couple of dilemmas, that it could be adopted in principle, but perhaps some of the language needed to be Changed. Specifically, in Section I, he said there is no lan- guage which would restrain the staff from testifying, and asked the question what does the staff do in this situation. He posed the question how does a staff member work with a commission who is taking a position opposite to the City eouncil. Is it proper to support staff member and commission with City funds who would oppose eity eouncil's position. He indicated in Section II that the proposed amendent proposes to remove the opportunity for a prompt response to the Legislature, saying that often bills are introduced and hearings are called within a 24-hour period and there is a necessity for quick response . to those situations. He said there was also a philosophical point _ 2/14/7 7 --14 90 e to be considered, there is a provlslon in the City eode identi- fying the commissions that they are advisory commissions of the City eouncil, and wanted to call to the attention of the City eouncil the needs of those without purvue; that is, how far does the Council want to go without delegating freedom to these com- missions to speak. Ms. Smith said it was her impression that most of the legislative concerns and items would go through the Legislative Subcommittee and she would hope that the City Council would approve the intent of the amendments and perhaps work out more specific wording to staff's approval. Mr. Obie asked the difference between giving advice and making policy. He said it was his understanding that the eity eouncil policy created the boards and commissions and questioned whether the Council had the right to delegate that authority of policy-making decisions. Mr. Long, City Attorney's office, replied that the Council can delegate policy decision- making authority as it so wishes, but that he was not sure it applied to this particular problem, as the person testifying was not making policy. He said he felt the issue was whether the eity is going to speak with one voice, two voices, or several voices. e Mr. Haws did not feel that the proposed amendments to the reso- lution would leave the staff in any position different than as in the original resolution. He said he would be favorable with the idea of redrafting the specific language if the intent and content stays the same. Mr. Martin indicated there were some grammatical problems that perhaps needed clarification. For in- stance, in Section I, he said it was silent regarding the staff testimony and raised an ambiguous question as to whether staff can present testimony. He also stated that in written statements of the City eounci1 IS position, perhaps it needed to be modified to state where it would be possible, and where not available, to orally identify the circumstances. . Mr. Williams said that he felt the reason that the whole issue had been raised was because it involved a previous city body that had embarrassed the City Council in the eyes of another body and resulted in some serious animosity between the two. He felt the amendment would give the guaranteed license to various boards, commissions, and people to testify in any way they wanted to. He said the Legislative Subcommittee meets every week to review legislation and that persons wishing to testify are certainly welcome to come before the Subcommittee for approval; the City Manager is authorized to give approval of testimony in an emer- gency situation; and that the eity always deals with issues on the broad policy level. Mr. Delay said the statement made that the proposed amendments would be taken as a blank check by the commissions to testify in any way they felt they wanted to was not fair to the commissions. 91 2/14/77--15 He did not see any necessity to bridle the commissions with any unnecessary restrictions and he was in favor of turning the amendments for the resolution over to the Manager's office to make the language more workable, but still giving the commissions the right to testify before the Legislature. Ms. Smith said she hoped that staff would give a strong direction to the commissions to have them come before the Legislative Subcommittee for authori- zation to testify on various matters. . Mr. Bradley stated a concern that perhaps a remedy should be included in case the policy statement is not followed. Mr. Martin replied that the Council could restrict the powers of the Commission with a legislative act. He indicated that he was not aware of anyone being unable to testify in the 1975 legislative session. He said with the 24-hour notice for some hearings by the legislature, the eity Manger uses his authority to allow testimoney, indicating that it had not been reviewed by the eouncil. Mayor Keller asked if any testimony had ever been approved which was in direct conflict with the City, to which Mr. Martin replied, no. Mr. Obie stated that he felt an amendment should be made then that the Legislative SUbcommittee should be disbanded, as he would see no need for it if the proposed amendment were adopted. Mr. Lieuallen brought up the fact that there was a difference from the 1975 to the 1977 legislative session, and that boards and commissions had been created by the City in that period of time. Mr. Martin replied yes, the situation was different, and that there were a large number of bills before the legislature which would affect the City. e Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Ms. smith moved, seconded by Mr. Hamel, to amend the resolution to include the proposed additions to Sections I and II with staff to work out a draft with appropriate wording. Mayor Keller cautioned the Council that he hoped they were not taking lightly the position that they were in, considering this resolution and its amendments. He said he found it difficult to believe the Council wanted to have people speak against the poli- cies set by the Council. He indicated he was uncomfortable with spending the public's money to allow people throughout the state to know that there are local people who disagree with the City eounci1 's positions. He said that if the eouncil wanted people to speak against the policy which the eouncil had set, then per- haps the eouncil should change the policy it was uncomfortable with. He also indicated it was inconsistent to allow the Com- mission to speak when the Council does not allow the mayor to do so, and he again cautioned Council to consider deeply what it was doing. Councilman Haws disagreed with Mayor Keller, say- ing the City Council should not be in a position where it tells people they cannot speak on certain issues. He said some oeoole . on the boards and commissions have expertise in their areas, and should be allowed to so testjfy; also, that nejther the proposed amendments nor the . ~- resolution were an attempt to keep the Mayor from speaking. 2/14/77--16 ~1., e Mr. Obie moved that the matter he postponed for two weeks and be placed on the next agenda for consideration at Committee-of-Whole. Mr. Williams seconded the motion. Mr. Delay opposed the above motion. indicating he felt this was an important matter and it should be voted on at this time. Vote was taken on the motion to postpone the matter. Motion failed with Williams and Obie voting aye: Hamel, Haws, Smith, Bradley, Delay, and Lieuallen voting no. Vote was taken on amendment to the original motion. Motion carried, with Obie, Williams, and Hamel voting no; Haws, Bradley, Delay, Smith, Lieuallen voting aye. III-A-l J. Appeal of Denial for 1976-77 Commercial Solicitor's License-- Allen Niederauer Manager indicated that the applicant had been denied a commercial solicitor's license on the recommendation of the Police Department and was appealing this decision, requesting the hearing before eouncil. He said Council had been supplied with the background information from the Police Department for their review and to assist them in making a decision. Public hearing was opened. e Mr. Niederauer testified that he had been denied information from the Police Department. He said the circumstances that the Police Department had referred to had happened from two and one-half to four years previous, and he had overcome the problems that had been occurring at that time of his life, and he had a completely different life now as he had since become a ehristian and was out of drugs and alcohol. He had been working with a lawyer to make restitution on some of the bad check charges, that all formal charges had been dropped, and he was working to repay the bad checks. He indicated he is now working to help other people in his new life, and the matter by which he had been denied his re- quest is not a part of his life now and he felt that the last three years of his lifewere moreimportant and indicated a change in his attitude toward his responsibilities to society. Sergeant Vern Smith. Police Department, said at the time of the application for the license Mr. Niederauer had felony warrants against him and extradition to South Dakota was in order. Since that time, he understood, there had been a plea bargain made, with Mr. Niederauer willing to payoff the bad checks. He said that this type of commercial solicitor's license by the city should be awarded to a person of high integrity, and a person who is completely trustworthy, as this person would be dealing with and going into other citizens' homes in the area. He did not feel that Mr. Niederauer should be so employed at this time. Public hearing was closed, there being no further testimony. e q3 2/14/77--17 , Mr. Bradley moved, seconded by Mr. Haws, that the applicant be allowed to rebut the statement by the Police Department representative. Motion carried unanimously. Mr. Niederauer indicated that the statements made by Sergeant Smith were false, that he had been working for one and a half years on his checks, and that he had been making restitution before he was arrested on the vast majority of the bad checks. Mr. Haws moved, seconded by Mr. Hamel, to uphold the denial of the Police Department for a 1976-77 commercial solicitor's license. e Mr. Lieuallen indicated he did not like the process of what was happening. He said he did not feel qualified to make such decisions, , and said he was uncomfortable in being put in a position of being a judge. Mayor Keller indicated that the process itself is being looked into. Manager said that the several possibilities were being assessed; that perhaps a hearings panel could be set up; a hearings officer could hear such proposals, denials, and appeals, and that in a few weeks, the Council would be presented with these proposed changes. Mr. Haws indicated he felt that the individual has a right to rehabilitate himself, and yet he was concerned over public security in this particular situation; therefore, he was going to support the motion with the idea that the applicant could reapply and submit new information at a later date. Vote was taken on the motion which passed with all members present voting aye, except Mr. Bradley voting no. e III-A-2 K. Bids ~Parks--purchase of trees for South University Neighborhood Association and planting trees for West University Neighbor- hood Association and Westside Neighborhood Quality Project. Tabulation distributed to Council. . Public hearing was opened, with no testimony presented. Mr. Haws moved, seconded by Mr. Hamel, to accept the low bid and award the contract to Washburn Landscaping Company. Motion carried unanimously. III-A-2 2. Public Works bid for storm sewer--tabulation distributed to Council. Manager indicated this was for a storm sewer on Pioneer eourt from Turnbull Lane north. Mr. Allen said that a formal bid procedure had been followed. Public hearing was opened with no testimony presented. Mr. Haws moved, seconded by Mr. Hamel, to accept the low bid and award the contract to Wilson and Hill Company. Motion carried unanimously. e 2/14/77--18 ~ ~ e II. Items acted on with one motion after discussion of individual items as requested. Previously discussed in Comm~tt:e on January 26 (present: Mayor Keller, Councilmembers Haws, Hamel, Wllllams, Bradley~ ~lay, Lieuallen, Obie, and Smith); February 2 (present: Haws, Wllllams, Bradley, Delay, Lieuallen, and Smith), Febr~ary 9 (pr:sent M~yor Keller, Haws, Hamel. Williams. Delay. Lieuallen, Oble, and Smlth. Mlnutes of those meetings appear below in smaller type. January 26, 1977 I. Items from Mayor and Council File A. Meetings Scheduled--Mayor Keller indicated that conflicts in schedule required rescheduling of meetings so that all could attend. After some discussion, it was decided to stick to the original schedule: Legislative Subcommittee will meet at twelve noon on Thursday; the Room Tax Allocation subsubcommittee will meet at 2:00 p.m. on Thursday. File B. Joint Sewer program--Manager indicated that the Springfield City Council had taken action on the joint sewer program, moving toward the position of the Eugene City Council. The Springfield City Council had asked the Eugene City Council members and Lane County Commissioners to meet with the Sewer Commission at 7:00 a.m., Tuesday, February I, in the L-COG conference room with the objective being to settle differences, if possible, and bring the matter to a conclusion. e Mr. Don Allen, Public Works Director, indicated his staff will provide the Council with an agenda of items prior to the meeting. The main issue will be to consider amendments to the present contract. He indicated his staff has no recommendation for amendments; that a meeting of the Metropolitan Sewery Advisory Commission will be held after the Joint-Council meeting; that the Commission will have a month in which to make decisions on any proposed amendments. He indicated that, although the staff has no amendments to make the Council members will be briefed prior to the meeting and he will be making recommendations for the City Council to consider. e Some discussion was held by Council members as to the value of the entire City Council having to meet with the Springfield City Council over this issue. Several Council members indicated they would be willing to grant proxy votes to Mayor Keller as their representative. Councilman Bradley indicated he opposed such a position as he felt it is not the most fair and most open way to reach decisions and he favors total representation by the Council at this meeting. He indicated that, since the Springfield City Council had invited the entire Eugene City Council, by lack of attendance, the City Council of Spring- field might be affronted. Mayor Keller indicated that it was open to any member of the Council although very short 95 2/14/77 - 19 File File File notice had been given for the meeting. Councilman Williams indicated that he views his primary responsibility to be to the people of his ward in Eugene, that he is not familiar enough with the complex issues involved and that, since Mayor Keller has been involved in the workings of the committee for over four years, he would be better informed; thus Councilman Williams would better serve the people in his ward by givng his proxy to Mayor Keller. Councilman Bradley indicated he felt it was a responsibility of all City Council members to be knowledge- able about all the processes on issues coming before the Council. Mayor Keller indicated that the Sewer Commission must have final approval of the Council for this contract anyway. He recommended that the Manager relay the message that as many City Council people as possible will be present. e C. Citizens Opinion Survey--Memo distributed by Mrs. Rutter. Two considerations were noted: 1) the opinion survey will not be going through Oregon Research Institute but will be conducted an inter-disciplinary team from the U of 0, which will be far less expensive; and 2) The purpose would be better served by conducting the project in the late Fall, closer to formulation of department budgets. by D. Mayor Les Anderson's Party--Manager indicated that Mrs. Rutter had tickets available for any Councilor other people to purchase. e E. Valley River Pedestrian/Bicycle Bridge--Don Allen of Public Works Department explained the type of design for the parti- cular bridge selected was a box girder-type bridge, this being the cheapest one under consideration with the cost being $365,000. This cost does not include the $45,000 for the design and supervision of the contract. He indicated this was merely an information report to the Council for them to critique the selection of the design. The time schedule indi- cates that the construction of the bridge would start this summer. Councilman Lieuallen asked where the site of this partic- ular bridge will be to which Mr. Allen replied in the vicinity of where N. Polk Street Street hits the Willamette River. Mr. Lieuallen was concerned as to whether the access to the bridge had been figured out. Mr. Allen indicated that his staff is now working out routing designs and those decisions will be made at a later date. Mr. Williams asked if any substantial changes in design would be brought back to the Council for consideration, to which Mr. Allen replied yes. Mr. Obie asked if the money e 2/14/77 - 20 9b e e Approve Approve Approve e for this construction had been approved by the Council. Mr. Allen replied that the $360,000 was an original grant request and that the Council had authorized expenditure of the $45,000 for the engineering design, and quality control afterwards. Mr. Allen said that the cost was going to be about $22,000 over the original estimate for the total pro- ject and that the request for that money would be coming before the Council in the next budget. Councilman Bradley raised a concern over the name and how it was selected indic,ating that since public funds were in- volved, he did not feel it appropriate to promote a commercial interest with the name of the bridge. Mr. Allen indicated that the selection of a name could be referred back to the Bike Committee for further consideration. Councilman Haws requested that the Staff put his name on the Bike Committee distribution for minutes of the meeting. It was understood that all Council members will receive Bike Committee meeting minutes. Councilman Haws indicated a concern for the people in his ward still having a problem of getting to this particular bicycle path because of crossing the railroad tracks. Mr. Allen indicated this problem had been discussed at length at the public hearing and that the master plan does include this concern. However, this particular bike bridge is just one link in the master plan. II. Li A. uor License Application--Change of Ownership Dari-Mart Stores Inc.,--Dari Mart-- PS) 4690 Royal Avenue Mr. Haws moved seconded by Mr. Hamel to recommend approval of the liquor license application and forward it to the OLCC. Motion carried unanimously. III. Segregation of Assessment Northside of W. 11th Avenue between Bertelsen Road and Beltline Road Larry Thompson for M & H Investment Company Manager indicated that all the appropriate papers were 1n order. Mr. Haws moved seconded by Mr. Hamel to accept the segre- gation of assessment. Motion carried with all members present voting aye, except Mr. Obie abstaining. IV. Appeal of Zoning Board of Appeals Denial of Request for Density Variance 140 High Street--Unthank Seder Poticha--Manager indicated a letter was attached to the agenda and it was necessary to establish a hearing. 2/14/77 ~ 21 ~l Public Hearing Public Hearing Public Hearing Discussion was held concerning the fact that the appeal would have to be presented to the Assessment Panel prior to coming before the Council for final action. e Councilman Haws asked if, in the appeals form from the applicant, the reasons for the appeal had been set forth. Mr. Gene Haxton, Building, indicated that an appeal action to the Council is done simply by a letter to the Council and that the letter from Mr. Poticha had set forth no reasons for the appeal. Mr. Haws indicated that he would like to request the applicant to make a written state- ment for the record indicating what issues were being considered for this appeal and that he would like to see some appeal form used 1n the future which would indicate reasons for an appeal request. Councilman Williams requested that Staff or City Attorney be present at the Assessment Panel hearing; and that the Assessment Panel members be informed as to options and what issues they will be dealing with. Mr. Haws moved seconded by Mr. Hamel that the Assessment Panel hearing for this appeal be set for Wednesday, February 16, 1977 at 4:00 p.m. Motion carried unanimously. V. Bertelsen Road Improvement--Royal to West 11th Report and map distributed. Manager indicated it was necessary to schedule a hearing - Mr. Haws moved seconded by Mr. Hamel that a hearing be scheduled for February 28, 1977. Motion carried with all members voting aye, except Mr. Obie abstaining. VI. 30th & Hilyard Road Improvement--Intersection Widening Report distributed. Mr. Haws moved seconded by Mr. Hamel to schedule a hearing for March 14, 1977. Motion carried unanimously. Mr. Allen indicated to the Council that there is a very rigid schedule in initiating improvement projects, and he would be holding a work session with the Council prior to the public hearing on the 30th and Hilyard road improvement, and that a tour of the project would be in order for the Council. Manager indicated the Bertelsen area will be toured February 9 before the Committee-of- the-Whole meeting. VII. Temporary Mobile Home Bank Permit Letter distributed to Council. Northwest corner of E. 11th and High streets, Mr. Joe Green e 2/14/77 - 22 98 - Manager indicated that all the papers were in order. The permit request had been reviewed by the Building Superintendent. Councilman Bradley indicated concern as to what standards and guidelines there were for issuing temporary permits. He wondered if a temporary permit was ever issued to a business that might be interested only in testing the viability of the market in a parti- cular area and after the temporary permit runs out, finds that the market is not viable and, therefore, does not construct its business at that area. The Manager indicated that there are sections of the City Code which specify time conditions in issuing the temporary permits. Mr. Allen also indicated that the Council could terminate the agreement if they do not construct. Mr. Allen thought that banks, by state law, are required to go into business at a site prior to building and that there are state laws governing the use of mobile homes limiting where they can be used. Mr. Williams said his understanding of the state law was that once a site for a bank had been approved, the bank has two years in which to start con- struction and does not have to conduct business prior to con- struction. Mr. Porter indicated that he felt the state law said that the business had to start on a location prior to construction but they have a certain period of time in which to go into a permanent facility, but the mobile home has to be temporary. Mr. Haws moved seconded by Mr. Hamel that a hearing be scheduled for February 14, 1977. Motion carried unanimously. ~Ub1iC Hearing VIII. Consideration of Amendment to Resolution 2344 Establishing Policy Governing City Testimony Copies of resolution distributed to Council Mr. Williams, as a member of the Legislative Subcommittee, in- dicated this resolution is being submitted with two minor changes: 1) that if the City Manager, City department heads, or members of the boards, commissions, or subcommittees of the City desire to testify before the legislative assembly of the State of Oregon or its various committees, that such testimony be with approval of the Council; 2) that if the testimony is not in accordance with City Council's positions, the persons testifying will be speaking for themselves as individuals, only. He indicated there were no major changes in the resolution. Councilman Haws indicated his concern over the fact that the City Council feels it has a position or a viewpoint so overpowering on issues that some members of commissions, for instance the Women's Commission, could not take a stand contrary to City Council policies. He felt this was a stifling of free speech. He indicated that the City Council is not all-knowing on every position or that perhaps the City Council is not correct in every position it takes. Mr. Bradley indicated he was in agreement with Mr. Haws' position. - ~~ 2/14/77 - 23 He felt other groups and commissions should be allowed to testify with an exclaimer if the position of testimony was in opposition to City Council's position. In that way it would allow free exercise of opinions on various manners. Mr. Haws requested the staff to prepare an amendment to the reso- lution to be submitted at a public hearing. Mayor Keller indicated that such an amendment would be in order but that it would be Councilman Haws' responsibility to prepare such an amendment. Mr. Haws moved seconded by Mr. Hamel to set public hearing for February 14, 1977. Motion passed unanimously. Manager noted staff would distribute such an amendment to Council if it were prepared by Mr. Haws. File IX. Local Information Program re: State Revenue Sharing Legislation Manager indicated a report had been distributed to the Council. He said staff had been working in connection with the League in regard to state revenue sharing positions and that if the City of Eugene is to get additional revenue it is going to have to come through revenue sharing. He indicated there were two plans before the legislature now, both providing essential monies to the City of Eugene. He encouraged the formulation of a committee, perhaps composed of representative organizations in the City, Chamber of Commerce people, neighborhood organization representatives, budget committee people, or even ex-budget committee people. He indicated informational data would be prepared for the Council on the history of budgeting of the city, population census, the positions eliminated in budgets, program cutbacks, city efforts to raise monies, and any actual impacts on property taxes which have occurred. Councilman Delay requested that comparable figures of increases in costs be compiled from the State, District 4J from the County, etc. Mayor Keller indicated to Council that this was a very important task and it was going to be the Council's responsiblity to sell the program to the legislature in order to develop the program of revenue sharing for Eugene. It will also be necessary to get support from the people in the community; thus, talks will have to be scheduled before various groups and a super-sales job will have to be done. Mr. Lieuallen indicated he felt it was very necessary that the Council deal with some of the criticisms which were voiced at the January 20 meeting with the legislative members, including money earmarked for what purposes, revenue sharing for small towns versus large metropolitan areas, what strings would be attached to the revenue sharing, etc. Approve x. Final Aproval of Recommendations reconstituting Community Schools Coordinating Committee Letter and recommendation distributed to Council. Mr. Haws moved seconded by Mr. Hamel to approve recommendations reconstituting the Community Schools Coordinating Committee. 100 2/14/77 - 24 e . . e Manager said that the Council had given tentative approval for this restructuring of the committee and that the District 4J Board had given approval for the recommendation and now it was up to the Council to give its final approval. Discussion was held over the issue that the Council appointee or staff person does not have the right to vote and the fact that City funds are committed and that the city should have some responsi- bility in deciding how the money is expended. It was felt by Council members that it is inappropriate to allocate city funds without having a vote in determining how those funds are being spent. - Manager suggested that the item could be held over and perhaps staff could get back with the school board committee members and work something out. Assistant Manager cautioned the Council that the matter had become before the City Council and been given tenta- tive approval without much discussion. The District 4J school board waited for its final approval until after the City Council had acted to make sure there would be no problems. He indicated it might create further complications if the Council were to decide to deny final approval at this time and he would recommend simply tabling. Mr. Bradley asked the staff to seek clarification on the matter with the intent being to determine whether staff or a Council member could gain voting rights on the committee. Councilman Lieuallen suggested that a group consisting of Jan Skopil, Community Schools Chairman, plus Parks Department and School Board representatives, and Mr. Lieuallen, along with staff members, get together and talk it over. With consent of the second, Mr. Haws moved to table final approval of the recommendations reconstituting a community schools coordinating committee. Motion carried unanimously. e rol 2/14/77 - 25 File File File File File Approve Public Hearing February 2, 1977 . I. Items from Mayor and Council A. Special Council Meeting Mayor pro tem Haws reminded the audience of the special Council meeting called for 1:15 p.m. following the Committee-of-the- Whole meeting "today". B. National League of Cities Meeting--Manager indicated the meeting would be held in Washington D.C. March 6, 7, and 8, 1977, that he would like to know which Council members would be attending and Council needed to designate an official voting delegate. C. Special Assessment Subcommittee Meeting--Manager indicated the meeting would be held Monday, February 7, at 2:30, in one of the City Council meeting rooms, for discussion of public improvement assessment ordinances. D. Gut Committee Meeting--Manager indicated the Willamette Gut Committee will hold a public hearing February 16, at 7:30 p.m., at the Francis Willard School to deal with proposals prepared by a team of residents, business people, and staff from the City of Eugene. E. Youth Commission--Resignation of Judith A. Andrew (term ending 1/1/78). Manager said the names of the alternates would be brought to the next Committee-of-the-Whole meeting for Council action. - F. Segregation of Assessment--Segregation 76-17, John Steinmuller on behalf of Edwin Cone, between Beltline Road and Danebo Road south of Barger Avenue. All the papers are in order. Mrs. Smith moved, seconded by Mr. Williams, the request for segregation of assessment. unanimously. to approve Motion carried II. Withdrawal from Glenwood Water District Resolution and ordinance distributed to Council. Manager indicated this property is that part of the district annexed to the City of Eugene by final order No. 374 of the Lane County Local Government Boundary Commission on November 4, 1976. 2/14/77 - 26 e \O~ e Mrs. Smith moved, seconded by Mr. Williams, that a hearing be scheduled for Feburary 28, 1977. Motion carried unanimously. Approve III. Initiation of procedures for improvement of Gilham from Beltline to Crescent Memo and map distributed to Council. Tour taken of area. Manager said this request had come from Public Works to provide pedestrian and bicycle safety in the vicinity of Cal Young Junior High School. The preliminary design calls for two travel lanes, a center turn lane, bicycle lanes and sidewalks. Public Hearing e Approve - Mrs. Smi th the Public procedures Crescent. moved, seconded by Mr. Williams, that Works Department be authorized to initiate for improvement of Gilham from Beltline to Motion carried unanimously. IV. Request for official assessment of 0 en s ace land 10th Addition, Nob Hill Homes Association OS 76-2 located east of Cameo Drive and southwest of 30th Avenue, east of Agate Street between Agate Street and Stony Ridge Road. Report and map dis- tributed to Council. Manager indicated that this provision would allow petition for reduced assessments for land to be kept as open land. The Planning Commission had recommended approval on January 4, 1977. Councilman Haws asked if this was at the request of the property owner, to which Manager replied yes. Mr. Williams requested staff recommendations prior to the public hearing. Mr. Saul indicated a package would be prepared by the Planning Department and be distributed prior to the public hearing. He said the provision for open space assessment is found in the State Statutes and it relates~to the manner in which the land is assessed. Mrs. Smith moved, seconded by Mr. Williams, to schedule a public hearing for February 14, 1977. Motion carried unanimously. V. Review of Legislative Subcommittee actions. Re: State Legislative Matters Minutes of the Legislative Committee distributed to Council. Mr. Williams, as acting chairman of the Legislative Subcommittee, indicated there was only one area of disagreement in Senate Bill 2--relating to the Juvenile Code. He said it concerned whether or not it should be within the purview of local officials to appre- hend and detain out-of-state runaways. The Legislative Subcommittee's recommendation was that local officials be authorized to do so; if not, he indicated there would be a problem of 12 to IS-year old runaways in the community who are unemployed, necessitating them to commit crimes to survive, for instance prostitution and thievery. Chief pierce Brooks, of the Police Department, said the major concern of the Police Department was defining "serious conflict" in Sect ion S and the inc Ius ion of "runaway" in Sect ion 17. He indicated 103 2/14/77 - 27 if this section is passed into law and local officials cannot apprehend out-of-state runaways, Oregon may very well become a haven ~ for runaways and add to the already troubled mall area with juveniles ,., committing criminal activities. Councilman Bradley asked if the Lane County Juvenile Court's position on this item was known or was this just a local police problem. Chief Brooks indicated he was not sure but he felt that Mr. Lenarduzzi, of the Lane County Juvenile Court and Doug McCool, an attorney who had previously worked with the Juvenile Court, were both supporting inclusion of "runaway" in Section 17. Mr. Bradley asked if there was a policy reason for leaving out "runaway"; to which Chief Brooks replied there is a new trend in the thinking that the laws should be so drafted that juveniles cannot commit violations of laws that adults cannot commit. He said the problem results in there being no provisions to handle problems resulting from this confusion. Chief Brooks indicat- ed that the process now is that, if a runaway is picked up, he is taken to the station, with attempts made to talk to the parents, and send the runaway home if possible. If it's not possible to contact parents, then the juvenile runaway is taken to Skipworth where contact with parents is handled. By excluding the word "runaway" the Police Department cannot even talk to them or try to help them unless the juvenile commits an offense. Councilman Bradley indicat- ed he felt this was a policy argument, making a juvenile more accountable for his actions if he is only a runaway; then when he commits a criminal offense he would be dealing with the Police Department. Councilman Bradley indicated concern over Article 16, Section 4It 103, regarding confidentiality of records, indicating he opposed the Police Department's recommendation on this matter. Chief Brooks said the recommendation was necessary, in the Police Department's viewpoint, to cut down on paperwork. A case involving both juvenile and adults might end up on the same report and then the problem occurs as to how the report is to be filed under adult offenses or juvenile offenses. Assistant Manager indicated the concern was over automated records and the confidentiality of those records; how the record is used, and who has access are more important than hO;-it's filed and there would not be a violation of confidentiality. He said the point is not whether information should be confidential but whether information on juveniles needs to be separate to accomplish it. Councilman Haws indicated he wanted to preserve confidentiality of the records, but not at a cost to the taxpayers. Mr. Bradley's concern was weighing the cost to the City in record keeping as opposed to the increase in time later on that would accrue from locking juveniles into the criminal process. Mr. Williams indicated the Legislative Subcommittee was in favor of confidentiality of records for juveniles but the question is: was it necessary to create a separate system to do that. - IOY. 2/14/77 - 28 . Mrs. Smith moved, seconded by Mr. Williams, to accept the report of the Legislative Subcommittee. Motion carried unanimously. Mrs. Smith felt the Council should not completely review and discuss matters that had already been discussed by the Legislative Subcommit- tee, but only those issues which were not unanimously recommended by the Subcommittee. Mr. Bradley asked whether there would frequently be testimony required on bills before they came before the City Council. Mr. Williams responded that is very probable. He said the issue was whether the Council wanted this kind of process to come before a subcommittee where elected officials would be involved, or come just to the City Manager for preview and testimony. Mr. Martin indicated that a tactic often used in Salem is a very fast turnaround on bills being introduced and testimony required. The Council would have to be prepared to deal with that kind of problem. File v. Consideration of revisions to Metro Sewer Agreement Amendments were distributed to Council. Manager reported that at the meeting held Tuesday, February 1, at 7 a.m., between the Springfield City Council, the Lane County Commissioners, and the Eugene City Council, specific proposals were part of the bases of the discussion. One issue revolved around the fact that Eugene has a substantial majority of the population and tax base; as a result, it would be contributing substantially more in funds; therefore, it should have at least a plurality in the vote. [He indicated the Council should accept the recommendations with changes in Sections 9 and 10. Changing the wording of Section 9 and amending to delete number 10.1 He said there were severe time constraints 1n accepting this amended contract. The Metropolitan Wastewater Committee needed to be created and actions needed to be taken in order to meet the May 16 deadline. He said action "today" by the Council should be to proceed with adoption of the agreement and appointment of members for the Commission, which will hold its first meeting February 17, 1977. e Discussion was held on the process of electing officials to the Commission and the persons who should be elected. It was pointed out by Assistant Manager that in order to develop a continuity and consistency of membership on the Commission, perhaps it might be best to ask Mayor Keller to present his recommendations to the Council next week, and any Council member could advise the Mayor of his interest in serving on the Commission. Mr. Williams indi- cated that Mark Westling has already served on the Commission and also that Mr. Jim Hershner, former Council member, has some background and understanding of the problems and might be a good candidate. Mrs. Smith indicated that she felt it would be best to ask the Mayor to make the appointments. Mr. Haws indi- cated that he would prefer to have three City Council members on the Commission. Mr. Bradley felt it was a Council decision and e {OS 2/14/77 - 29 not a Mayor decision. He favored naming three City Council members on an interim basis and then ask for applications from the public and perhaps schedule interviews of those interested. The Manager indicated that the staff would like to see Mr. Westling reappointed. Mr. Delay indicated he felt this was a very important Commission and would be an ongoing future body providing basic services for the community. His feeling was that Mr. Westling would be a good member, one Council person should be appointed, with perhaps interviewing of a citizen from the community for the third member. . After considerable discussion as to whether the Mayor or the Council should appoint the members to the Commission, Assistant Manager indicated that unless the Council takes the affirmative action to appoint then the appointment remains with the Mayor. Mr. Haws indicated he felt that in order to follow the democratic process and to avoid favoritism and elitism, the procedure of using citizen interest forms and an interviewing process would be best. Mr. Delay indicated, again, that he felt this was an immediate problem. This is an important Commission and has to have consistency and continuity in functioning and it was necessary to have representa- tives at the next Commission meeting. He felt it would be best to appoint a person who has shown interest, for instance Mr. Westling, and one Council member, and then use citizen interest forms for the third appointment. Mr. Lieuallen indicated that perhaps Mr. Westling and two City Council members could serve in the interim, and he also indicated that he felt there should be some term of office inserted in the contract. Further discussion to be held at Special Council meeting February 2, 1977, at 1:15 p.m. - Quasi-Judicial Hearing February 28, 1977 Rezoning from R-I to HElmer Harlow House (H 76-8) located at the northwest corner Ascot Drive and Harlow Road e lOb 2/14/77 - 30 e Affirm File ~ile Affirm File e February 9, 1977 I. Items from Mayor and Council A. Cone/Breeden Annexation/Zoning Proposal--Mr. Delay wondered if this upcoming annexation/rezoning public hearing would be quasi-judicial in nature. Mr. Saul explained that, since the two were combined, the hearing will be quasi-judicial in nature and pre-hearing contacts must be declared by Council members. Mr. Haws said that, since this is the first time a large annexation request has come before this Council, he would like staff to provide Council with information on factors to consider in hearing the request. He also favors hearing the two issues separately. Mr. Saul explained that a l7-page staff report to be provided the Council should contain all necessary factors to be considered, but that staff would review it to see if any supplementary material is needed. Jim Bernhard, planning commissioner, said the Planning Commission felt that potential uses of the property gave a basis for the annexation request and that the matters should therefore be considered together. B. Bike Lane Obstructions--Mr. Delay reported that he has recently noticed a tendency for service vehicles and post office vehicles to use bike lanes for parking while making deliveries. C. Assessment Subcommittee--Mr. Hamel reported that the Assessment Subcommittee has finished a part of its work. As there is much yet to be done, the subcommittee would like to continue to meet until a projected completion date of June at the latest. D. Tri-Agency Animal Control Report--Mr. Obie referred to a letter Council received from a Mr. Jeff Sherman. Mr. Sherman strongly encourages that the Tri-Agency Animal Control Authority establish a low-cost spay/neuter clinic. Additionally, he recommended elimination of the decompression chamber method for destruction of unwanted animals. It was understood staff or Mr. Bradley would respond back to Council in two weeks on the two suggestions. E. Legislative Subcommittee Meeting Time--Mr. Obie mentioned that the meeting times of the Legislative Subcommittee and the Joint Housing Committee conflict and he wondered if the Legislative Subcommittee might select a new time to meet. It was understood that staff would check with Legislative Liaison Paget Engen for other convenient times to meet. 107 2/14/77 - 31 Approve F. Youth Commission Appointment--Appointment required due to resignation of Judith Andrew, term expiring January 1, 1978. e Mr. Haws moved, seconded by Mr. Hamel, alternate Gale Orford, 3430 view Lane, expired term on the Youth Commission. unanimously. to appoint first to fi 11 the un- Motion carried File G. Room Tax Subcommittee Meeting--Manager announced a meeting of the Subcommittee for Thursday, February 10, at 2:00 p.m. in the Manager's office. File H. Revisions to Ordinance No. l78l9--Manager announced that sections of this ordinance, already passed by Council, were inadvertently ommitted; therefore, a revision to the ordinance will be on the February 14 Council agenda for approval. Approve I. Metropolitan Wastewater Management Commission Appointments-- Since Eugene, Lane County, and Springfield have all taken action on the Wastewater Management contract, appointments from each jurisdiction to the Commission are now necessary. The contract provides that, of the three appointments to be made by Eugene, the governing body is to appoint one elected official and the City Council is to appoint two other indivi- duals. Assistant City Attorney Stan Long clarified that the appointment by the governing body can be made by anyone on which the governing body agrees. Mayor Keller, a member of the current Sewer Advisory Commission, noted that for purposes of continuity he would be glad to serve until May 16. Mrs. Smith expressed the hope that all appointments could be made "today", as the schedule is tight and timing is critical. Mr. Obie requested opinions from Council members on the idea of the mayor appointing one member and the Council appointing the other two. Mr. Williams said he was not troubled with the mayor making an appointment, even if he deemed that appointing himself was the most appropriate. Mr. Delay ex- pressed the feeling that all appointments should be made by the Council. Mrs. Smith suggested that Mark Westling, a current Sewer Advisory Commission member, would be a good candidate for appointment, as well as Pat Hocken, a League of Women Voters observer to that commission since 1974. e Mr. Haws moved, seconded by Mr. Hamel, that the City Council appoint Mayor Keller to fill the "elected official" slot, with Mrs. Smith as alternate, and that it appoint Mark Westling and Pat Hocken to fill the other two terms. . 108 2/14/77 - 32 e Mayor Keller expressed the thought that, for purposes of balance, it might be in the best interests if the Mayor were to appoint one member. In answer to a question on length of terms, Al Wright, L-CaG, said that bylaws currently being drafted, which will be referred to Council, will include a system of staggering terms. Mr. abie moved to amend the motion, seconded by Mr. Williams, to remove the appointment by Council of Mr. Keller and Mrs. Smith and leave those appointments to the mayor. Mr. Lieuallen expressed his opposition to that idea. Mr. abie felt it practical that the mayor should make the elected official appointment and that the Council should make the public appointments. Mr. Williams noted that, since the mayor is the only city-wide elected official, it seemed appropriate that he should make one of the appointments to a regional commission. Vote was taken on the amendment which carried, Council members abie, Williams, Smith, and Hamel voting aye, and Council members Haws, Delay, and Lieuallen voting no. e Mr. Delay moved to amend the motion, seconded by Mr. Lieuallen, to delete the name of Pat Hocken and in- clude the name of Ray Bradley. Vote was taken on the amendment which failed, Council members Delay, Lieuallen, and Haws voting aye, and Council members Smith, Williams, abie, and Hamel voting no. Vote was taken on the main motion which carried, all Council members voting aye except Mr. Delay voting no. Mayor Keller appointed himsel f to fill the "elec ted official" slot, with Mrs. Smith as alternate. Regarding whether the Council needed to confirm Mayoral appointments, Assistant City Manager noted that it has been the practice in the past to have the mayor simply advise the Council of appointments for purposes of public record. e Mr. abie moved, seconded by Mr. Hamel that, in regard to the appointments to the Metropolitan Wastewater Management Commission, the "elected official" appointment be made by the Mayor, who would be respons ib Ie for' ad- vising the City Council of that appointment, and that the two public appointments be made by the City Council as a whole. Motion carried, Council members Smith, Williams, abie, and Hamel voting aye and Council members Delay, Lieuallen, and Haws voting no. 10,/ 2/14/77 - 33 . III-A-4 I. Metropolitan Wastewater Management Commission Appointments At the request of Councilman Bradley, this item was segregated for separate discussion. (Make note that the no smoking policy of the Council was violated.) Mr. Bradley indicated concern over the Councilor Mayor making decisions of appointments. He said it was a matter of decentral- izing as opposed to centralizing the process. He felt the Council should make decisions on elected officials for this particular commission. Mr. Bradley moved, seconded by Mr. Lieuallen, that the City Council of Eugene appoint the elected officials, Mayor Keller, with Ms. Smith as an alternate, to serve on the Metropolitan Wastewater Commission. Mr. Bradley indicated that the eouncil was making a decision for appointment to a very important body and was not delegating that decision to any other person. Mr. Lieuallen said it was the con- sensus of the Council at the Committee-of-the-Whole, February 9, that Mayor Keller should remain on the eommission. He said it was the process of appointment that was in question. ~ Vote was taken on the motion which failed, with Obie, Williams, Hamel, and Smith voting no; Haws, Bradley, Delay, and lieuallen voting yes. Mayor, Keller voted no to break the tie. Mr. Bradley went on to say that the community has asked for citizens to submit applications for various boards and commissions in the past and he wondered if an interim appointment of Mr. Westling and Ms. Hocken to the first of June might be in order, and ask citizens for interest forms for the third member of the commission. The City Council could then use the appointment selection method to fill the permanent position. Therefore, it does not lock out citizen interest in serving on this commission. Mr. Bradley moved, seconded by Mr. Delay, that Pat Hocken and Mark Westling be appointed on an interim basis to June 1, 1977 as members to the Metropolitan Wastewater Management Commission, that the eity Council ask for citizen interest forms for the City Council to select the third member of the eommission. 2/14/77 -- 34 - 1\0 , , e Mr. Lieuallen indicated that this would force the City Council to deal with the application process for appointments to commis- sions and boards and he felt it was necessary to open the appoint- ment for the members on this commission to citizens in the com- munity through receiving interest forms from them. Mr. Bradley said was the process with which he was concerned, and not personalities. Mayor Keller said that time was of the essence, and he felt it inappropriate to ask these two persons to put in time and effort serving on the eommission for a short period of time. He cautioned eouncil that it was important to have conti- nuity on this important commission. Mr. Lieuallen asked if per- haps the appointment for a longer period of time could be made until the other commissions and boards are up for reappointment. In the meantime, eouncil could review and assess the process of appointment and asked why not subject these members of the Waste- water Commission to terms as other boards and commissions are. Ms. Smith said it was her understanding that the by-laws in terms of offices of the eommission would come before the Council for final approval. Mr. Delay indicated he shared Mr. Bradley's concern for the open process and reexamination of the entire appointment process by the end of the summer. Vote was taken on the motion which failed, with Obie, Williams, Hamel, and Smith voting no; Haws, Bradley, Delay, and Lieuallen voting yes; Mayor Keller voting no to break the tie. Mr. Bradley moved, seconded by Mr. Haws, that the appointment of Ms. Hocken and Mr. Westling to the Wastewater Commission be for an interim period through October 1. Mayor Keller re- fused to accept the motion, indicating that the process for selection and terms of office would be set by the Commission. Mr. Delay moved, seconded by Mr. Bradley, to amend the above motion to provide for establishment of a subcommittee of the eouncil to review procedures of application and interviewing for appointments to committees and commissions. e e Mayor Keller indicated that those processes were in the by-laws and if eouncil so wished, it could change the by-laws. Mr. Williams indicated that the chair should bifurcate the motion; that set- ting an October date was not substantially different from a June 1 date, and he thought the motion was out of order. Mr. Long, eity Attorney's office, said this was at the chair's discretion. Ms. Smith indicated her support for separating the two motions. Mayor Keller separated the motions. Mr. Bradley asked for clarification if Mr. Delay's amendment to the motion would include selection process of all the boards and commissions, or just the Metropolitan Wastewater Management Commission. Mr. Delay indicated he was amending for the whole process of selection to appointments to all boards and commissions. Mr. Obie said he was against the motion, and moved for the previous question for a vote on the October 1 deadline. 2/14/77-- 35 /(1 Vote was taken on the motion for appointment to October 1, . with Obie, Williams, Hamel, and Smith voting no; Haws, Bradley, . Delay, and Lieuall~n voting yes. Mayor Keller broke the tie by voting no. MotIon was defeated. Discussion was held on the amendment to the motion concerning setting up a eouncil subcommittee to review the process. Mayor Keller again indicated that the process was outlined in the by- laws of the eouncil, and that the City Council could change those by-laws. Mr. Obie spoke against the motion, saying he felt more time was needed, to which Mr. Williams agreed. He said he felt more discussion needed to be held by the Council on this matter, and that he would favor having someone other than the Council appoint a committee to review the selection process. Ms. Smith agreed that eouncil should not appoint members to this eommittee to review the selection process. Vote was taken on the amendment to the motion which carried with Obie, Williams, Hamel, and Smith voting no; Haws, Bradley, Delay, and Lieuallen voting yes; Mayor Keller voted yes to break the ti e. It was moved by Mr. Haws, seconded by Mr. Hamel, that Items A-I0, B-6, and C-8 be approved, affirmed, and filed as noted. Bradley, Haws, and Delay indicated a negative response on Item C-I-I relating to the process and procedure and not people. Ro 11 call vote. Moti on carri ed unanimously. e - \\1J... 2/14/77 - 36 ~Approve e e J. Assessment Panel Report--February 7, 1977-- Present: Council members Williams and Delay, and City Engineer Teitze1 A. C.B. 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) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. B. C.B. 1321--Levying assessments for sanitary sewer on Garnet Street from Dillard Road to 130 feet south (76-07--1266) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. C. C.B. 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 (76-08--1082) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. D. C.B. 1323--Levying assessments for paving, sanitary and storm sewers and pedestrian way within 1st Addition to Souza Park (76-16--1245) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. E. C.B. 1324--Levying assessments for sanitary sewer within Capricorn Estates (76-18--1219) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. F. C.B. 132S--Levying assessments for paving, sanitary sewer and storm sewer within Velkommen Park and sanitary sewer and storm sewers to serve property within 160 feet of the north and west boundaries of Velkommen Park (76-27--1199 No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. \l3 2/14/77 - 37 G. C.B. 1326--Levying assessments for storm sewer between Delta ~ Highway and Norkenzie Road from Green Acres to Holly Street (76-31--1258) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. H. C.B. 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 (76-32--1283) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. I. C.B. 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 (76-40--1278) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. e J. C.B. 1329--Levying assessments for paving, sanitary sewer and storm sewer within Alex-A Subdivision and sanitary sewer on Robin Avenue extended from Alex-A Subdivi- sion west to Ruskin Street and on Dove Lane adja- cent to Alex-A Subdivision (76-63--1293) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. K. C.B. 1330--Levying assessments for sanitary sewer on Cross Place from Cross Street to 400 feet north (76-64-1279) Requests to be heard were received from Mrs. Arthur Lindstrom of 174 Cross Place, Mr. and Mrs. Jess Taylor of 122 Cross Place and Ruth Metzger of 147 Cross Place. Mr. Teitzel explained that the project originated by petition of the property owners. The original contract cost was for $6,291.64 with an estimated lateral cost of $0.088 per square foot and service cost of $386.00 per lot. Actual contract cost was $9,833.11 with lateral cost $0.081 per square foot and service cost $498 per lot. He further explained that the change in the contract price was due to the fac t e l \ If 2/14/77 - ~,g . that the original contract was to provide service to one side of the street but that after award of the contract it was decided to extend service to the other side of the street; therefore, the service charge is higher than the original estimate. Diane DeRoos of 187 Cross Place spoke questioning why she was charged a service charge when her property was not connected to the sewer as were some of the properties on the street. Mrs. Arthur Lindstrom of 174 Cross Place, Jess Taylor of 122 Cross Place, Martha Smith of 148 Cross Place, and Ruth Metzger of 147 Cross Place spoke regarding the high cost of the sewer and the poor condition the street was left in after the construction. e Mr. Teitzel responded to Mrs. DeRoos' question by explaining that it is not the normal practice of the city to hook private lines into the main sewer line, but that in this project some of the properties were connected because their old connections were destroyed during construction. He further explained that Mrs. DeRoos' private line was not disturbed and therefore not connected. Mr. Teitzel explained that the increase in assessment costs over that quoted was all in the service line cost (originally quoted at $386 and a final cost of $498). He explained that the cost was originally figured on the service being extended to one side of the street only. When services were extended to the opposite side, it increased the length of ser- vices and thus everyone's cost for service. He stated that to equalize costs, it is city policy to charge all service lines the same cost regardless of what side of the street they are on. Mr. Teitzel stated it is not city policy to maintain or repair streets which do not meet certain city standards as was the case with Cross Place, however, the contractor is required to repair any damage directly attributable to the construction activity. Mr. Teitzel ex- plained that the contractor would have to make repairs before the city accepts the project. Recommendation: Levy assessments as proposed with a directive to the Public Works Department to investigate the condition of the street and explore what kind of things might be done to restore the street to a minimum condition. L. C.B. 133l--Levying assessments for sanitary sewer--North Polk Street from Polk Court to 800 feet north (76-70--1256) Request to be heard was received from Lloyd R. Jackson of 440 North Polk Street. Mr. Teitzel explained that this project was authorized by Council action to eliminate the remaining four properties connected to the old Polk Street outfall, which is being converted to a storm sewer. These properties were assessed now because they were outside the city at the time the original sewer was installed and never assessed. . ,115 2/14/77 - 39 Lloyd Jackson of 440 North Polk Street spoke wondering how much . of his property could be assessed if a future sewer line were constructed. Mr. Teitzel explained that according to city re- cords Mr. Jackson's property had been assessed at this time for 16,421 square feet and there would be approximately 118 square feet of his property which could be assessed at the time of any future sewer line installation on Polk Street. Recommendation: Levy assessments as proposed. M. C.B. 1332--Levying assessments for storm sewer along the northeast boundary of 6th Addition to Bar M Ranch (76-71--1309) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. N. C.B. 1333--Levying assessments for sanitary sewer--Patterson Street from 40th Avenue to 300 feet south (76-75--1347) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. Mr. Haws moved, seconded by Mr. Hamel, Assessment Panel Report as presented. unanimously. to accept the Motion carried e Approve K. National League of Cities Convention Delegates--In connection with the National League of Cities convention, Manager an- nounced that he had recommended the name of Jack Delay to serve on the Environmental Committee. He also announced that Council members Bradley and Delay were planning to attend the conven- tion as well as himself. Mr. Haws moved, seconded by Mr. Hamel, to name Mr. Delay as the official delegate to the National League of Cities convention with Mr. Bradley as alternate. Motion carried unanimously. Public Hearing II. Appeal of Denial for 1976-77 Commerical Solicitor License-Alan Niederauer February 1 memo from Finance Department has been distributed to Council. - Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing on the matter for February 14, 1977. In answer to Mr. Haws, Finance Director said appellant had received the same information given to Council regarding reasons for the denial of the license. Discomfort was . \ \b. 2/14/77 - 40 e expressed by some Council members with the appeal process, since it sometimes brings embarrassing circumstances to the public forum. It was understood that staff would place the matter of the appeal process on a future Committee-of-the-Whole agenda for discussion. Vote was taken on the motion, which carried unanimously. Approve III. Improvement Petitions A. Paving, sanitary sewer, and storm sewer within Lexington Park Subdivision--128.4 front feet of 28 foot paving assessed outside subdivision--6.3 percent; no city costs. Public Hearing e Approve File . B. Paving, sanitary sewer, and storm sewer within Humboldt Sub- division and Willamette Street adjacent--sO percent of frontage on Willamette outside subdivision--$9,000 city storm sewer cost. Mr. Haws moved, seconded by Mr. Hamel, to approve the petitions. Motion carried unanimously. IV. Street Name Change--Lindsay Loop to McLean Boulevard Report and map have been distributed to Council members. Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing for February 14, 1977. Motion carried unanimously. V. Request for Approval of Transfer from Contingency Fund of $3,204 for Fire Escape Repairs and Improvements Memo from Parks Department dated January 26 has been distributed to Council members. Request was made by the Parks Department after a burglar recently gained access to the fourth floor via the fire escape and stole approximately $80. Also, the fire escape is in need of repair in order to be safe and meet OSHA requirements. Mr. Haws moved, seconded by Mr. Hamel, to authorize the transfer of $3,204 from the Contingency Fund for fire escape repairs and improvements. Motion carried unanimously. VI. Eugene's Compliance with Statewide Goals and Guidelines Status report from the Planning Department has been distributed to Council for informational purposes. Planning Director noted that Jim Bernhard will be testifying before the Land Conservation and Development Commission on Friday, February 11. He noted also that, of the IS goals required to be in compliance, III 2/14/77 - 41 LCDC states that the City of Eugene is in compliance with only seven. Staff feels, however, that it is in compliance with all 15. e Mr. Saul referred to the Planning Department's report of February 8, 1977, outlining LCDC's evaluation and staff's response. Mr. Saul explained that LCDC feels the City is in compliance with the following goals: Goal I-Citizen Participation; Goals 3 and 4-Agri- cultural Lands and Forest Lands; Goal 7-Areas Subject to Natural Disasters and Hazards, Goal 8-Recreational Needs; Goal lO-Housing; Goal l3-Energy Conservation. Goals with which LCDC feels Eugene is not in compliance are: Goal 2-Land Use Planning; Goal 5-Natural Resources; Goal 6-Air, Water, and Land Resources Quality; Goal 9-Economy of the State; Goal II-Public Facilities; Goal l2-Trans- portation; Goal l4-Urbanization; Goal l5-Willamette River Greenway. Mr. Lieuallen wondered if the City of Eugene is being "picked on" by LCDC. Dorothy Anderson of LCDC said that was not the case. Rather, LCDC is saying that, until the urban service area has been re-evaluated by the Metropolitan Plan Update Committee, LCDC is in no position to say whether the urban service area is correct. However, she explained that the problem is not a Eugene problem, but rather a metropolitan problem. She added that Eugene has a real problem with lack of public awareness and understanding of the planning process. She said that there is no one place a citizen can look at a composite of all 63 planning policy documents. Public Hearing VII. Appeal of Planning Commission of Minor Partition Application of R. L. Whitson, 2395 Lariat Drive; appellant William D. Kirkpatrick, et. al. Appeal form has been distributed to Council members. e Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing for March 14. Mr. Whitson wondered if the appeal will be considered under the present panhandle policy or in accordance with the new one currently under consideration. Manager assured him it would be considered under the present policy. Vote was taken on the motion, which carried unanimously. Approve IX. Legislative Subcommittee Report-February 3, 1977 Minutes have been distributed to Council members. Mr. Haws moved, seconded by Mr. Hamel, to accept the report of the Legislative Subcommittee. Motion carried unanimously. . \ \B 2/14/77 - 42 III-B-l . e . D. Items not treVioUSlt discussed 1. eounci approva of Lane eounty Planning Commission review of Phase II conditional use permit for Lane County Recycling Station Manager indicated that when the conditional use permit was issued at Phase I for this Lane County Recycling Station, a condition was set that the Lane County Planning Connnission would have to review Phase II, even though in the meantime, the site had been annexed to the city. He indicated there was some doubt as to the jurisdiction over the Phase II review since the area is in the city. He said it was Mr. Long's legal opinion that it was legal for the Lane County Planning Commission to proceed with a review and a resolution needed to be passed by the Council to enact an intergovernmental agreement to clear up legal ambiguities. Mr. Long said the facility had been annexed to the city before the site review had been completed, and that the resolution was asking for authorization for the Manager to execute this agreement so that site review could be completed by the Lane County Planning Commission. He said it was not a jurisdiction problem, but the question was site review approval by Lane County. Mr. Vern Gleaves, 975 Oak Street, testified that this property is now in the city and consists of 20 acres in the Glenwood area, 2/14/77 - 43 I l't currently zoned M-l, under Lane County Zoni ng procedures. . He . indicated that when the County had applied for a conditional use permit, it referred its application to the eity Planning Staff, that the city had made a number of recommendations, none of which were carried out by the County. The conditional use permit indi- cated a site review by the Planning eommission, but did not say it was the City's Planning Commission, but was assumed would be by the eounty. In the meantime, the property was annexed to the city in November, 1976. Subsequently, the County was ready for Phase II, and had applied for a site review. It was then realized property had been annexed to the city and the City did not have plans for a site review. He said that under the ordinance, it would require an M-3 zoning and a conditional use permit, and feels that the City should be involved, as the property is in the city. He asked if the eounty ordinances were being violated until it's rezoned, and once rezoned if the City's ordinance would be violated. He said he felt the eity Planning staff could review for adequate compliance to zoning, and felt the City ought to make an informed decision as to what zoning the property should be when it comes into the city. Mr. Williams wanted clarification of Mr. Gleaves' testimony in which he cited lithe property is now in the city" and "when the City acquires the property." He said, as he understood it, the property was now in the city. He asked what the reasoning was that the City should have the County do a review for a facility which was within the city. Mr. Long replied that the concept of sharing ~ functions is not the question, and that the conflict between the .., M-l and M-3 zoning was not a question, because in annexing an area, it is done with city.s zoning code applying. He said the City staff could be involved in the site review with the County; that it was not a jurisdictional matter; there was a precondition existing that approval of the site review had to be done by the Lane County Planning Commission. He said the reason this agree- ment was appropriate at this time was there was no way everyone involved could be satisfied except by allowing authorization by the eity Manager to enter into this agreement with the County to have the eounty proceed with the site review. Mr. Saul said that the whole consideration of this waste facility had been before the County for several years with reviews, hearings, etc. He said the review process with Lane County could include City staff overseeing the plans and making recommendations. As far as the appropriate zoning question, he was not sure that it would have to be rezoned M-3. Councilman Hamel indicated he would abstain from discussion and voting on this issue. Mr. Bradley asked if it would be possible to have the property deannexed from the city. Mr. Saul said the reason for annexing was to transfer this facility to the city so that it could be . 2/14/77-- 44 \ 'a.O . on the city sewers. Mr. Bradley asked if the City could review the Planning Commission's site review Phase II, to which Mr. Long replie~ the City could do so. As to whether it would satisfy the condition of the site review is another question, as the City has a different code system than the County. Mr. Long said it was not the zoning but the site review which was judgmental and under some- one else's orders. Mr. Obie said since the property was in the city, the responsibility must lie with the City eouncil, and the eouncil should acknowledge its responsibility and delegate it. He asked it if would be possible to have a review by both entities. Mr. Saul said the staff could review it and its response could be for- warded to the County. Mr. Obie asked if the County could chose to ignore the City's recommendation. Mr. Saul said they could do so, but had given way to the City's recommendations at the last site review. Mr. Gleaves said he felt there was substantial misapprehension on both the part of the City and County staffs. He felt that the City staff should be directed to be involved in this site review. There was no input on record from the City; the County was ready to proceed. Mr. Haws moved, seconded by Mr. Williams, to authorize the eity Manager to execute an agreement with the eounty. e Mr. Bradley asked if there was any indication as to what decision would facilitate the original design and intent of the solid waste site. Mr. Long said the jurisdictional question was a confusing one, but one way to go on with the project now would be to authorize this agreement. Mr. Obie asked if the intergovernmental agreement could include input from the City staff. Mr. Long replied that it does not address the question. The County will have a public hearing, and the staff could appear then. Mr. Bradley asked if it would come back to the City staff for review. Mr. Saul replied the Planning Commission has a monumental workload, and there is no flexibility in scheduling such a major project and asked what the necessity would be for such a review. Mr. Obie felt there was no need for holding two public hearings, but there was a need for the City staff to have formal input in this matter. Mr. Obie moved, seconded by Mr. Delay, to amend the motion to include staff participating in the review process with the County. Vote was taken on the amendment to the motion which carried, with all Council members present voting aye; Mr. Hamel abstaining. Vote was taken on the original motion which carried, with all eouncil members present voting aye; Mr. Hamel abstaining. . 2/14/77-- 45 \~I 2. Authorizing public hearings for withdrawal of property from Oakway Domestic Water Supply District. Manager indicated it was necessary to establish hearings for these two requests for withdrawal from the water district. Res. No. 2626--Authorizing public hearing on withdrawal from Oakway Domestic Water Supply Di strict February 28, 1977 (CEU 76-23, South Goodpasture Island) was read by number and title. . Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Res. No. 2627--Authorizing public hearing on withdrawal from Oakway Domestic Water SUpply district February 28, 1977 (eEU 76-31, K. Ray Barnes) was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voti ng aye. 111-8-3111. Ordinances The following council bills, read the first time on January 24, 1977 ~ and referred to Assessment Panel for hearing on February 7, 1977, are brought back for second reading with Panel recommendation to levy assess- ments as proposed, with C.B. 1330 including a directive to the Public Works Department to investigate the condition of the street and explore what kind of things might be done to restore the street to a minimum condition. C.B. 1320--Levying assessments for paving, sanitary sewer, and storm sewer within Ron Plat and sanitary sewer in area 160 feet west of eleveland 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 request- ing that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that e.B. 1320 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17839. C.B. 1321--Levying assessments for sanitary sewer on Garnet Street from Dillard Road to 130 feet south (1266) (76-07) 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 e.B. 1321 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17840. - 2/14/77 -- 4'6 \ l.?.. e C.B. 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 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 C.B. 1322 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17841. e.B. 1323--Levying assessments for paving, sanitary and storm sewers, and pedestrian way within 1st Addition to Souza Park (1245 (76-16) 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 e.B. 1323 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17842. e C.B. 1324--Levying assessments for sanitary sewer within Capricorn Estates (1219) (76-18) 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 C.B. 1324 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17843. C.B. 1325--Levying assessments for paving, sanitary sewer and storm sewer within Velkommen Park and sanitary sewers to serve property within 160 feet of the north and west boundaries of Velkommen Park (1199) (76-27) 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 C.B. 1325 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17844. C.B. 1326--Levying assessments for storm sewer between Delta Highway and Norkenzie Road from Green Acres to Holly Street (1258) (76-31) 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 C.B. 1326 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17845. e 2/14/77-_47 J~3 C.B. 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 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 e.B. 1327 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17846. e. B. 1328--Levyi ng assessments for sani tary 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 council bill number and title only, there being no eouncil member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that e.B. 1328 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17847. C.B. 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 council bill number and title only, there being no Council member present requesting that it be read in full. tit Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1329 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17848. C.B. 1330--Levying assessments for sanitary sewer on Cross Place from Cross Street to 400 feet north (1279) (76-64) including a, directive to the Public Works Department to investigate the condition of the 'street and and explore what kind of things might be done to restore this street to a minimum condition was read by council bill number and title only, there being no eouncil member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1330 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17849. e.B. 1331--Levying assessments for sanitary sewer--North Polk Street from Polk eourt to 800 feet north (1256) (76-70) 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 C.B. 1331 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17850. e ., 2/14/77-- 48 I a. If ,... . e.B. 1332--Levying assessments for storm sewer along the northeast boundary of 6th Addition to Bar M Ranch (1309) (76-71) 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 C.B. 1332 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17851. e.c. 1333--Levying assessments for storm sewer--Patterson Street from 40th Avenue to 300 feet south (1347) (76-75) 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 C.B. 1333 be approved and given final passage. Rollcall vote. Motion carried unanimously, and the bill was numbered 17852. The fOlll'i\'ing Council hil1~ are brought for the first reading: C.B. 1338--Levying assessments for paving, sanitary and storm sewer within 10th Addition to Nob Hill (75-31) (1139) was read by council bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that the bill be referred to the Assessment Panel for hearing on March 7, 1977, and Panel recommendation be brought back for Council consideration for final reading on on March 24, 1977. Motion carried unanimously. e.B. 1339--Levying assessments for sanitary sewer on Delta Highway from Beltline Road to 2,400 north; and Green Acres Road from Delta Highway to approximately 1500 feet east (75-47) (666 & 1192) 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 referred to the Assessment Panel for hearing on March 7, 1977, and Panel recommendation be brought back for Council consideration for final reading on on March 24, 1977. Motion carried unanimously. C.B. 1340--Levying assessments for sidewalk--Bailey Lane from Coburg Road to 500 feet east (76-06) (1039) was read by council bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that the bill be referred to the Assessment Panel for hearing on March 7, 1977, Panel recommendation be brought back for eouncil consideration for final reading on on March 24, 1977. Motion carried unanimously. e.B. 1341--Levying assessments for alley paving--between 18th Avenue and 19th Avenue from Oak Street to Pearl Street (76-12) (1204) was read by council bill number and title only, there being no Council member present requesting that it be read in full. 1~5 2/14/77 - 49 "'IllIIIl Mr. Haws moved, seconded by Mr. Hamel, that the bill be referred to the Assessment Panel for hearing on March 7, 1977, and Panel recommendation be brought back for eouncil consideration for final reading on March 28, 1977. Motion carried unanimously. 1342--Levying assessments for paving, sanitary and ~tor~ sewers within Kincaid Oaks Subdivision; and paving Klncald Street from East Amazon Drive to the east and south (76-15) (12~4) was read by council bill number and title ?nly, there.belng no Council member present requesting that lt be read ln full. . C.B. Mr. Haws moved, seconded by Mr. Hamel, that the bill be referred to the Assessment Panel for hearing on March 7, 1977, and brought back for con- sideration of Panel recommendation on March 28, 1977. Motion carried unanimously. C.B. 1343--To construct a sanitary sewer and storm sewer within Lexington Park Division (1337) was read by council bill number and title only, there being no Council member present requesting that it be read in fuil. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1343 be read the second time by council bill number only, with unanimous consent of the eouncil, 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 C.B. 1343 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17853. C.B. 1344--To adopt plans and specifications to construct sanitary sewer ~ and storm sewer within Lexington Park Subdivision--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 e.B. 1344 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 C.B. 1344 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17854. C.B. 1345--Paving streets within Lexington Park Subdivision (1337) 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 C.B. 1345 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. 2/14/77--50 ~ \I~(,. - Mr. Haws moved, seconded by Mr. Hamel, that e.B. 1345 be approved and given final passage. Rollcall vote. All eouncil members -present voting aye, the bill was declared passed and numbered 17855. e.B. 1346--To adopt plans and specifications for paving streets within Lexington Park Subdivision--was read by council bill number and title only, there being no Council member present request- ing that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that e.AB. 1346 be read the second time by council bill number only, with unanimous consent of the eouncil, 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 e.B. 1346 be approved and given final passage. Rollcall vote. All eouncil members present voting aye, the bill was declared passed and numbered 17856. C.B. 1347--Improve streets within Humboldt Subdivision and Willamette Street adjacent to Humboldt Subdivision (1259) was read by council bill number and title only, there being no eounci1 member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1347 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 C.B. 1347 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17857. C.B. 1348--To adopt plans and specificationsfor improving streets within Humboldt Subdivision and Wi1lamette Street adjacent to Humboldt Subdivision--was read by council bill number and title only, there being no eouncil member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1348 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 e.B. 1348 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17858. e 2/14/77 -- Sl 12..7 e.B. 1349--Sanitary sewer and storm sewer within Humboldt Subdivision and sanitary sewer within the area 160 feet south of Humboldt' ~ Subqivision (1259) 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 e.B. 1349 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 C.B. 1349 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17859. e.B. 1350--To adopt plans and specifications for sanitary sewer and storm sewer within Humboldt Subdivision--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 C.B. 1350 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 C.B. 1350 be approved and given final passage. Rollcall vote. Motion carried unanimously and the ~ bi 11 was decl ared passed and numbered 17860. '.. C.B. 1351--Improve streets within Doveri's Plat (1336)--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 e.B. 1351 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 C.B. 1351 be approved and given final passage. Rollcall vote. Motion carried unanimously and the bill was declared passed and numbered 17861. C.B. 1352--To adopt plans and specifications, tg improve streets within I}overi's Rlat 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 C.B. 1352 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 e.B. 1352 be approved and . t9hivebn.lflinal padssalge.d ROllcadll vdote.b Motdil07n86c2arried unanimously and '_ e 1 was ec are passe an num ere . 2/14/77--52 \A.8 ~ - e.B. 1353--Sanitary sewer and storm sewer within Doveri's plat and storm sewer in the area between Doveri 's Plat and Dillard Road (1336) was read by council bill number and title only, there being no eouncil member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1533 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 e.B. 1353 be approved and given final passage. Rollcall vote. Motion carried unanimously and the bill was declared passed and numbered 17863. C.B. 1354--To adopt plans and specifications for sanitary sewer within Doveri 's Plat and storm sewer in the area between Doveri's Plat and Dillard Road--was read by council bill number and title only, there being no eouncil member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1354 be read the second time by council bill number only, with unanimous consent of the eouncil, and that enactment be considered at this time. Motion carried unanimously and the bill was read by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1354 be approved and given final passage. Rollcall vote. Motion carried unanimously and the bill was declared passed and numbered 17864. C.B. 1355--To amend Ordinance No. 17819 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 C.B. 1355 be read the second time by council bill number only, with unanimous consent of the eouncil, and that enactment be considered at this time. Motion carried unanimously and the bill was read by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that C.B. 1355 be approved and given final passage. Rollcall vote. Motion carried unanimously and the bill was declared passed and numbered 17865. III-B-4 IV. Resolutions e Res. No. 2623--Authorizing calling public hearing February 28, 1977, for a temporary mobile home permit on northwest corner of East 11th and High (Bank of the Northwest) was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. 2/14/77-- 53 1~9 Res. No. 2628--Authorizing calling pUblic hearing February 28, 1977, for withdrawal of property (eEU 76-63 Lane County) _. from G1enwood Water District was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Res. No. 2629--Authorizing transfer from Contingency Fund of $3,204 for fire escape repairs and improvements was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Res. No. 2630--Authorizing payment of bills, claims, and progress payments January 24, 1977 through February 14, 1977 was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollfal1 vote. Motion carried, all eouncil members present voting aye. Res. No. 2631--Authorizing R.A. "GuS" Keller, Charles T. Henry, and Sherman Flogstad to be authorized signers on checking accounts in the Citizens' Bank of Oregon, the U.S. National Bank of Oregon, and the First National Bank of Oregon was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all eouncil members present voting aye. . v. Executive Session Mr. Haws moved, seconded by Mr. Hamel, that in accordance with ORS 192.660(2)(d), the City Council of Eugene meet in executive session at 11 a.m. Wednesday, February 16, 1977, in the Mayor's office to consult with Council regarding current litigation and acquisition of property. Rollcall vote. Motion passed unani- mously with all Council members present voting aye. Meeting adjourned to February 28, 1977. ~nr?~ City Manager eTH:DT:ml/CM7bll . 2/14/77--54 \30