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HomeMy WebLinkAbout03/14/1977 Meeting . M I NUT E S EUGENE CITY COUNCIL March 14, 1977 Regular meeting of the Common Council of the City of Eugene, Oregon was called to order by His Honor Mayor Gus Keller at 7:30 p.m. on March 14, 1977 in the Council Chamber with the following Council members present: Eric Haws, D. W. Hamel, Tom Williams, Ray Bradley, Jack Delay, Scott Lieuallen, and Brian Obie. Betty Smith was absent. Mayor Keller recognized March 13-20 as National DeMo1ay Week and welcomed a group of DeMolays from DeMolay District 7, introducting Chip Cross, Master Councilor. They were in attendance to watch local government in action. He welcomed them and extended a greeting of hoping their celebration during the week would be excellent. Mayor Keller recognized Lane County Commissioner Archie Weinstein. Mr. Weinstein indicated he was appearing as an individual and as a Lane County Commissioner. He expressed concern over a recent news article, citing City Manager, in which a concern was expressed regarding delay in resolution of items needing both county and city action because of the reorganization plans now going on in the county government. He felt he had already been found guilty of noncooperation with the Eugene City Council. He cited the letter which had been addressed to Mayor Les Anderson in November 1976, in which he ex- pressed a desire for a meeting between the new Lane County Commissioners and the Eugene City Council. He said, to date, that meeting had not taken place. He noted this had shown a desire on the part of the Commissioners to cooperate with the Eugene City Council, citing also the cooperative agreement with the Metropolitan Sewer Policy Plan. He asked the City Council and Mayor to refrain from any fears that they would get no cooperation from the Lane County Government officials. He expressed a concern that the Lane County government officials be given a trial period, and again expressed the feeling that he did not want to be pre-judged on non-cooperation with the City government. Commissioner Jerry Rust was recognized by Mayor Keller. Mr. Rust noted he wanted to let the City Council know that he felt cooperation between the two governments was necessary and was ready to work together. Mayor Keller expressed appreciation at the offer of cooperation expressed by the two County Commissioners. I. Public Hearings I-A-2 Liquor Licenses 1. Skipper's Fish and Chips Chowder House, adjacent to 1602 Coburg Road (new restaurant); SafeCo Corporation, Duane Steinburg Manager reviewed the OLCC report which indicated there was one objector and two nonobjectors in the neighborhood for the applied license. Staff had no objections. I-A-1 - '- Public hearing was held with no testimony presented. Mr. Haws moved, seconded by Mr. Hamel, to recommend approval. March 14, 1977--Page 1 /ql I-A-2 Mr. Bradley expressed concern over the number of liquor licenses in relation to per capita, noting an interest in the number ap- plied for, the number denied, and the number in the city. He noted a fear that every liquor license which came before the Council was recommended and wondered if the area was becoming saturated. Mayor Keller replied the State limits the number of licenses that the OLCC can grant within the state, and said it was not relevant to this issue, but should be brought up at-a Committee-of-the-Whole meeting. Vote was taken on the motion which carried unanimously with all Council members present voting aye. 2. [1 Comedor, 301 Oakway Mall (RMB--new outlet); La Cuncina, Inc., Frank Bucher, President Manager reviewed the OLCC report indicating there were two ob- jectors, two nonobjectors and one non-committal responses of residents in the neighborhood. Staff had no objections. '; . Public hearing was opened. ' Lee Innman, 3170 Alyndale Drive, noted he was the owner of a nutri- tion center in the Oakway Mall which was close to the subject restau- rant. He said in the few weeks the restaurant had been opened, business was booming and he did not feel it was necessary for the sale of liquor to increase business. He noted the proximity of the Montessori school to the area, and indicated there were over 80,000 deaths on the highways that were alcohol related, 86,000 deaths from deteriorating ~ qualities of health because of alcohol. Because he is in the health- ~ food business and nutrition is a concern to him, he obj~cted to the issuance of a liquor license on this point. Public hearing was closed with no further testimony presented. Mr. Haws asked staff regarding the criteria in approving liquor licenses, noting that there were two objections which had been raised and wondered if they were valid for not issuing a liquor license. Manager noted that proximity to schools is a valid reason, but that it varies with the type of license. He said this was a restaurant, not a tavern, and that the drinking hours would probably be at a time when school was not in session. Mr. Haws moved, seconded by Mr. Hamel, to recommend approval. Motion carried unanimously. I-A-3 B. Annexations 1. Parcel approximately 6.9 acres located along west side of Gilham Road, north of Crescent Avenue (Smith) (A 76-17) Recommended by Planning Commission at its meeting February 7, 1977. Manager noted this property was located on the west side of Gilham Road, north of Crescent Avenue, including Tax Lots 202 and 205, and it is ~ parcel consisting of approximately 6.9 acres. March 14, 1977--page 2 198 . . Mr. Saul, Planning Department, noted several annexations had been considered, reviewed, and approved in this area within the last few years. He said the property is located within the projected urban service area, that urban services and facilities can be extended to serve the property, that the area is contiguous to the existing city limits along the south and west boundaries, and that the annexation represents a logical and sequential ex- pansion of the city. He noted that if the area were annexed it would be developed into a subdivision of 24 lots. Public Hearing was held with no testimony presented. Resolution No. 2638--Forwarding to Boundary Commission recom- mendation for annexation of property located along west side of Gilham Road, north of Crescent Avenue was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. The motion carried, with all council members present voting aye except Mr. Bradley voting no. I-A-4 e 2. Parcel approximately 11.9 acres located south of Centennial Boulevard, east of Alton Baker Park, and west of Chevy Chase Subdivision (Meltebeke) (A 76-18) Recommended by Planning Commission at its meeting of February 7, 1977. Mr. Saul, Planning Department, noted the area of this request abuts the existing city limits of Eugene along its eastern edge. The stated intent of the applicant's request for annexation is to develop the property in a single-family lot subdivision. The area directly east of the subject site was annexed in 1962, the majority of the property was annexed in 1962 and 1964, and at the time those requests were approved, it was noted that while other city services were available, sewer service could be extended to the area. The Planning Commission noted that the property is within the projec- ted urban service area with all services available except sanitary sewers. Mr. Saul said reasons for the Planning Commission recommenda- tion for annexation were: the County Commissioners considered rezoning in 1976 but denied the annexation feeling that the area should be within the city for development; the owners have agreed to annex at the request of the City; the City has already established the practice of annexation in the area; the Planning Commission felt it would be better to have the property within the City prior to new de- velopment; and several lots east of the site are in the situation of having one-half the lots in the city and one-half the lots in the county, which creates administrative problems. Public hearing was opened. Pearl Kuhn, 47 Bar M Drive, spoke as a representative of Mr. Meltebeke indicating she was in attendence to answer questions, and was in favor of the annexation. e March 14, 1977--Page 3 19q Public hearing was closed, with no further testimony being presented. Resolution No. 2639--Forwarding to Boundary Commission recommen- dation for annexation of property located south of Centennial Boulevard, east of Alton Baker Park, and west of Chevy Chase Subdi- vision was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Mr. Bradley said he would be voting no on this matter, indicating he does not believe the City has a consistent policy of annexation, that it is encouraging scatterization and urban sprawl. He noted a concern of departure in that this area does not have all urban services available. He continued that City Council should reevaluate its annexation policy and come up with some acceptable policy for a balance of limited growth within the city limits and annexation outside. I-A-S Vote was taken on the motion which carried with all Council members voting aye except Bradley and Delay, voting no. C. Code Amendment re: Mixed-Use District Recommended by Planning Commission at its meeting February 1, 1977. Manager noted that request for a mixed-use zoning district resulted from testimony presented before the Planning Commission hearing on the proposed rezoning of thedowntown west- side area in October 1976. This would amend the present City Code to establish a mixed-use zoning district including criteria for establishment of such a district. Mr. Jim Saul, Planning Department, referred Council to its Staff Notes and Minutes dated March 4, 1977, for additional background information. Mr. Saul said the characteristics of the mixed-use district would not apply solely to the Westside area, but would apply to other areas of the city. The amendment is intended to deal with those inner city areas where development has already occurred and where such a need exists for the City to attempt to achieve greater bal- ance. It does not specify in advance what uses can be used in an area, but has a set of criteria to be met which are flexible to establish a suitable mix in a precisely defined area. He noted the word "refinement" would result in eliminating initiation by the Planning Commission, and asked Council to consider deleting the word from the ordinance. He further characterized the new amend- ment as a general enabling amendment which would allow uses to be specified in each instance it was applied. He noted it would be similar to the special district and the historic district. He said rather than being determined in advance, development standards would be designed for each instance the district was used. The inclusion of a safeguard that the district could only be used as an implementation technique after completion of an authorized refinement study in an area and could only be initiated by the Planning Com- mission or City Council was also noted. March 14, 1977--Page 4 1:00 . e - ( . Public hearing was opened. Jon Stafford, 1060 Madison Street, spoke in favor of the proposed mixed-use district. He noted he was chairman of the Westside Neighborhood Quality Project, and that the WNQP is in favor of the mixed-use district. The immediate concern was for his neighbor- hood, but said that it would offer better possibilities for future impact in many neighborhoods. Margaret Ellis, 2486 Grov edale Drive, Springfield, spoke in op- position, asking how the mixed-use district would operate, whether it would be zoned on a b1ock-by-block basis, and if input from landowners would be considered at the time the changes were made. Michael Horton, 291 West 12th Avenue, indicated he was a property owner in the Westside neighborhood. He was in general not opposed to the mixed-use district, but he had a concern over the vrocedures, indicating that the Planning Commission had not sought the opinions of the people who would be affected by this district. He asked that a criterion be added which would note that people responsible for initiating the mixed-use district would be required to see that property owners would be advised and input would be sought from the individuals who would be impacted by such a mixed-use district. - Public hearing was closed, with no further testimony being presented. Mr. Saul responded to the question regarding the block-by-block change, noting that the mixed-use district amendment does have a standard that would require equivalent of at least a minimum of a block to be inaluded in the proposal. He noted this did not mean one solid block. He said there was opportunity for input from citizens in areas, noting that hearings had to be held be- fore the Planning Commission and the Eugene City Councll and contacts would be made between staff and the people in the area. Mr. Delay questioned the intent of the mixed-use district and whether it would be applied to all areas, the problems of information to and enforcement on the part of the public, and practical problems for the staff. Mr. Saul replied there were some practical problems, but they were not insurmountable. He noted that in setting up such a district, they were a trade-off, that the options for such a district as opposed to those problems were of more importance. He noted again that the historical rezoning has the same sort of flexibility as this mixed use zoning would have. Mr. Obie saw significant benefits of such a zone, but did not under- stand the full impact of such a district, asking if it was a compromise between status quo versus change. Mr. Saul replied the mixed-use district would give the city a mechanism for dealing with areas already substantially developed, e March, 14, 1977--page 5 ~Ol \ for instance, the Westside and Whiteaker areas. As changes occur " in the community, there is an indication that some areas should be reclassified from commercial to higher density. He said there was a desire on the part of the people who live in those areas to have a mixed portion, but the City has no way to do that at this time. He said if the City had the mixed-use zoning ordinance, it would have a better chance to maintain present structures in such areas. He noted the present zoning district uses in the city were very clear cut, with zoning for all residential or all commer- cial areas. 1-8-1 Mr. Lieua11en supported the concept of the mixed-use district and had been involved in the planning problems of the Westside area. He said development in such areas didn't necessarily go in the way the City had foreseen. The houses were deteriorating, the people expected the area to be rezoned to C-2 so there was no economic incentive to keep up the residential area because the industry was expected to take over. He noted the people living there like it there, would like to stay there and keep their houses in good condition. If business were to move into the area, it would be necessary, according to the City Code now, to zone it into a uniform commercial manner. He said there was no existing zone which could make it all compatible, with housing, gas stations, law offices, grocery stores, etc. in a neighbor- hood. The mixed-use zone would provide for such a development in a neighborhood. C.B. 1398--Amending City Code concerning MU District; renumbering present sections 9.476 to 9.428; adding new sections 9.476 to 9.482; 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 fu 11 . e Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time, with deletion of the word "re- finement" from wording in the ordinance. , Mr. Bradley expressed a concern of establishing a new zone and perhaps this would erode away the 1990 Plan, that the 1990 Plan should be amended rather than establishing new zoning codes. Mr. Lieuallen disagreed with Mr. Bradley, saying he did not see it necessary to amend the 1990 Plan, that a uniform zone applied to one area would make one area completely redevelop. He noted he had an interest in maintaining the housing as it is v. creating high-rise developments and removing some unique parts of the city, especially the inner-core area. Mr. Haws asked staff how the mixed-use zoning district would fit into the long-range picture. Mr. Saul replied that specific ap- plications would be looked at when applied to a particular area, evaluation would be made as to whether the primary thrust does e ~O~ March 14, 1977--Page 6 '- achieve the 1990 Plan. He noted the City needed that flexi- bility. He said it was not the intent of the mixed-use district to take existing zones and bunch them together, but to make spe- cific zones in a particular area. He said there was a preponder- ance of residential with some mix, and the mixed-use would provide certain types of uses in that area. Mr. Bradley noted that he would like to delay passage of this proposal to see what those developements might be. Mr. Delay noted he was in favor of the new mixed-use zoning district, citing that it was simply an enabling ordinance, and would be up to the City Council to address the specific problems as they come before Council. Vote was taken on the motion which carried with all Council members present voting aye, except Mr. Bradely voting no. Lacking unanimous consent, final reading was held to March 28, 1977. 1-B-10 D. Appeal denial ambulance driver and attendant license--Wilford Byrd Manager noted staff was exploring possible ways for processing appeals of denials of licenses rather than having them held at a full Council meeting. He also said information regarding this particular item as to why the application had been turned down had been distributed to Council. - Wilford Byrd, of 975 West 7th Avenue, gave a background review of his imprisonment in Illinois and the training received to become a medical technician. He had been licensed in the state of Illinois and also by the State of Oregon, but had been denied a license locally. He said he is qualified to be an attendant ambulance driver, and felt that his criminal record should not be reason for denial of this license. He had been working very hard to get where he is now in training himself for employment. He wants to work at the profession of his own choice and for which he is qualified. Andy Clement, City of Eugene Human Rights Specialist, spoke as a representative of the Minorities Commission. The Commission had a general concern of the type of appeal and action on the part of the Eugene Police Department. The Commission did not feel a conviction record would be a reflection of moral fitness, which was one basis of the City Code used for denying licenses. Mr. Clement said convictions could be a result of hunger, anger, boredom, or many other things. He noted a concern regarding the theory of rehabilitation, saying if a person had put in his time in prison, went from maximum security to honor security, then that person had paid his dues and should be able to return to society free and equal. He noted the use of criminal records to deny a person the right to choose employment after having paid his dues to society equalled a "fly in the ointment." He noted the Minorities Commission felt that inherent in using the arrest record was race discrimination, that more blacks are arrested and convicted than whites, and that it could possibly be a violation of Title VII of the 1964 Civil Rights Act. e March 14, 1977--Page 7 ~03 Il-A-l Sergeant Vern Smith, Eugene Police Department, noted the denial of the license by the Police Department was not used as a way to deny anyone the right to work. He said that applications for licenses request certain information under the City Code, and that some portions of Mr. Byrd's record had not been included on the application. He noted this was in violation of City Code and grounds for denial of the license. John King, 1121 Washington, testified he was a job counselor with the Oregon State Employment Office and had been working with Mr. Byrd since his arrival in the state of Oregon. He had worked with gaining employment for many ex-offenders and also said the requested informa- tion for various licenses often discourages applicants. He noted Mr. Byrd was aware that he had forgotten some of his convictions expressed the following concerns: That Mr. Byrd had written months ago of his plan to come to Oregon, requesting help in seeking employ- ment: that he, Mr. King, had helped him do so; that two states had found no fault in granting a license to Mr. Byrd; and Mr. Byrd had done everything possible to find work; citing these actions as definite indications of Mr. Byrd's desire to be a good, productive citizen. Gary Wilborn, 17150 Deerhorn Road, Springfield, spoke as the parole probation officer for Mr. Byrd. He noted that since January, Mr. Byrd had abided by all the conditions of supervision set forth and had been seeking and had found employment. He questioned the prior arrests and said that arrests and convictions were two different things, noting that none of the arrests left off the application form had resulted in convictions. Public hearing was closed with no further testimony being presented. Mr. Obie questioned Mr. Byrd as to why he had forgotten to place the 16 arrests on his application. Mr. Byrd replied that most of the arrests had occurred when he was a juvenile, but that he had listed the two convictions that had occurred after he became an adult. He said the 16 different times that he was arrested had slipped his mind, that he would have had to return to the police departments in Illinois to get a full listing of all those. Mr. Delay said it was his understanding that the application was in violation of the City Code, but asked if the Police Department had any opposition to the license application otherwise. Sergeant Smith replied that the nature of some of the arrests led the Police Depart- ment to believe that it would not be conducive to the citizens of Eugene or in their best interest to have such a person employed in this particular business. Mr. Bradley noted that it seemed to be a technical procedural irregularity, with the information being left off the application, and wondered whether Council would have the power to grant the license, then suspend it for a 30-day period so as to deter others from failure to provide information on applications. Joyce Benjamin, City Attorney's office, replied that the decision of the Council would be final in such an appeal. aOLt March 14,1977--page 8 ~ e . e e II-A-2 thru 111-^-lO e Mr. Williams noted that in his business he had employed incarcer- ated individuals and in each instance where it was unsatisfactory, it was simply a matter of the person skipping town, that in the matter of personal relationships with customers and working people the individuals had worked very well. Mr. Haws moved, seconded by Mr. Hamel, to grant the appeal denying the license by the Police Department and to issue a license to Wilford Byrd. Mr. Bradley noted that, based on a lack information on an appli- cation, similar arguments had been made and the Council had voted against such appeals at recent meetings. He felt the issue was that the Council should have some kind of consistency or some standards with which to decide such issues. Mr. Haws felt the process was the issue; that the applicant had been asked to fill out a form and did not put down the correct information. He said the question was should the Council grant the license not knowing what the convictions and arrests were in this particular case. Mayor Keller indicated he felt the question of process was involved, that to override the Police Department would be taking away from their authority. He indicated he felt no harm would be done in asking the applicant to reapply, or that the Council should forget the entire process. He stated that if the Council wants staff to do its job, then it should follow through on the jOb that is done by staff. Mr. Bradley questioned legal counsel as to whether a two-step process could be involved: Council could allow granting the appeal at this time and then grant the license at another time. Ms. Benjamin said the Council would either have to grant or deny the license at this time. Mr. Delay questioned whether there was a certain waiting period for the applicant to reapply, to which Sergeant Smith replied there was no certain time period . Mr. Haws noted there was a need for more information on the arrests and convictions. Vote was taken on the motion which carried with Williams, Delay, Obie, and Lieua1len voting aye; Haws, Hamel, and Bradley voting no. A short recess was taken. E. 30th and Hilyard improvement--widening intersection: Recommended by the Public Works Department; copies of materials previously distributed to Council members. Manager noted the Public Works Department had requested the public hearing before the Council to consider this project and provide future direction for benefit of the staff. Don Allen, Public Works Department, reported the work session held with the Council and Public Works Department, and the packet of materials on the project that the Council had received to date. He noted the Public Works Department was the proponent sponsor of the project, and that Glen Clark of the State Highway Department was in the audience to answer any questions as well as a member of the Lane ;2.05 March 14, 1977--page 9 Transit District and a member of the Lane Council of Governments. Mr. Dave Reinhard, Public Works Department, reviewed the environ- mental impact statement and the process to date. He noted that the request before the Council was for authorization of the environmental impact statement to be completed and sent to the federal and state authorities. Mr. Reinhard then proceeded with a slide presentation in which he noted on the flow chart the various steps which had been taken in reaching this public hearing for the enviromenta1 impact statement. He said there was a need for improvement in this intersection to alleviate the rush-hour congestion. An opinion survey had been conducted, both for house- holds in the area, automobiles passing through the area, noting the results were in the report distributed to Council. He said that 70 percent of those surveyed had favored the widening project and there was no proposed major arterial for this area. Also the need for the widening of this street intersection seemed to be the only viable alternative to the major congestion problem in the area. One alternative had been suggested, to stagger work hours, but no exten- sive investigation had been made of this alternative, as the potential would be limited. He noted that LCC and the University of Oregon were the major employers for people passing through this intersection and that their hours were quite scattered already because of the variety of schedules. Mr. Reinhard reviewed the environmental impact statement in which the following issues were addressed: 1) traffic will increase in the area, most from residential streets; 2) it is projected that the air quality will improve, with the auto emission controls, and the traffic flow will be somewhat smoother; 3) noise probably will increase because of the traffic increase, but the traffic will increase whether or not the improvement is undertaken; and 4) the impact on the park land would be that 16,000 square feet of Amazon would be taken out, but that 21,000 square feet would be put back in with the closure of 29th Avenue, and there will be other de- velopments in conjunction with the Parks Department in the area. Mr. Reinhard concluded that the Public Works Department felt the project was needed at this time. He noted the project is far from being completed in specific design, that Council would have the option on all the final details. He noted again that the project widening was an attempt to alleviate congestion. He said there was some sentiment against the improvement in the road widening, and that Council would have to face the issue of either approving the projected road widening, or take a look at the later use decisions of the area, that growth in that southeast section of town will bring higher traffic loads and more congestion in the intersection. Public hearing was opened. Sharon Posner, 2473 Columbia Street, spoke as a representative of the League of Women Voters of Central Lane County. She noted March 14, 1977--page 10 ~Ob -- e - e the League had been persuaded that the intersection would have to be improved to accommodate the traffic flow through the area and elimin- ate air pollution. The League agreed that the safety problems were being addressed and that the Lane Transit District was being suffi- ciently involved, but their only concern with the street widening project was that it would exacerbate hazards for bikes and pedestrians. The League did not want the safety considerations to become subser- vient to serving the traffic flow, and urged intergovernmental coopera- tion to solve the safety problem while controlling the traffic solution. Mr. Ivan Niven, 3940 Hilyard Street, noted he had been living in the area for 34 years and had seen the great increase in traffic during that period of time. He said he was in favor of the 30th Avenue widening project because the intersection had become such a serious bottleneck. It was clear many people were evading the corner of 30th and Hilyard by using 27th, 28th, and 29th Avenues. He urged Council approval of the intersection widening project. Those speaking against the project were: Paul Harrison, 400 East 32nd Avenue, speaking as a representative of the Dunn Neighbors group. He noted the regret of the neighborhood groups that Ms. Smith, who represented the area, was not present for this Council meeting. He said that the group was not anti-traffic, that it recognized there was a problem of congestion in the intersection, but that the Associa- tion did oppose the proposal in its present form. The group had passed a resolution oppOSing the proposal for widening 30th and Hilyard as it felt there are other alternatives that would make the neighborhood more livable. The concerns of the neighborhood associa- tion were: access from the neighborhood to the major shopping areas across Hilyard would be difficult; an increase in noise and air pollution; the widening of the intersection seemed to be a way of gradually cutting up the city. He noted his own personal concerns for the proposed project and said he had timed the delay during rush hour and it was a two-to four minute delay, which he felt was not necessar- ily serious. He was also concerned with the proposed spending of a half-million dollars on the project, and paving over three acres of parking area, asking why there was such a major project for a rela- tively minor congestion problem. He questioned whether there were plans for a major arterial into the neighborhood by the 30th Avenue widening project and questioned the piece-meal approach to a major arterial network around the city. He noted that he did not want to stop the project but did want to participate fully in developing an overall transportation plan. e Randall Thwing, 3760 Onyx Street, spoke on behalf of the Southeast Firs Neighborhood Association. A letter was submitted for the record,' noting that the consensus of the group on March 7 was to oppose the project as proposed. He said the group felt that the widening of 30th and Hilyard was a way of assisting those travellers who were passing through the area, and did nothing for those living in the area. e March 14,1977--page 11 ;)..07 Bob Wazeka, 2728 Baker Boulevard, spoke against the proposed widening project on behalf of the Sierra Club. He said the Club opposed tit the project because they felt mass transit would better meet the ' needs of the area and that the environmental impact statement as proposed was inadequate. He questioned the need that had been defined in the environmental impact statement, noting that congestion only occurs in the morning and evening rush hours. He said mass transit would be an alternative and he felt that the Public Works Department needed to have more data on various alternatives rather than the widening as proposed. Possible alternatives mentioned were: 1) park and ride facilities in south Eugene; 2) more buses available during rush hours; 3) air cushioned vehicles or railroads; or 4) improve the transit used at intersections with free fares during the rush hours. He noted a concern that this improvement would be to a quasi-freeway and the truck usage would increase in the major arterial streets. Wayne Wiltanen, 645 East 31st Avenue, spoke against the proposed project also. He noted that he had constructed an elaborate com- puter simulation program model of the traffic flow through the intersection and had counted the peak traffic volume during the rush hours. He felt there was no traffic jam, but that some accom- modation was needed to improve the traffic flow in the area. Alterna- tives suggested were that perhaps a no-left-turn off of Hilyard from the northbound traffic in the morning would be useful, eliminate any turns off of Hilyard during the rush hours, or have two lanes north- bound in the morning and two lanes southbound in the evening, taking out the center islands and creating the two through lanes with no ~ turns. Another consideration should be some widening of the corners ,., on 30th and Hilyard to accommodate bus turns. Huibert Paul, 4390 Pearl Street, said he opposed the proposed pro- ject because it would benefit only those people who are going to work by car. He noted that going to work by car was a bad habit and a costly consumption of energy; that perhaps staggered work hours could be an alternative. He noted a serious problem existed if the use of the automobile were not controlled, and favored the use of bus or bicycle. He felt the amount of money being proposed the project should be used to reduce the national debt or making foot and bike paths on Fox Hollow Road. He asked if the City was so short of money, why spend such a large amount on a controversial project. Charles o. Mathis, 365 East 31st Avenue, noted that the project had some advantages, but he saw many disadvantages for people living in the area. He felt there was a need for a traffic signal to get across Hilyard to the shopping center, or people would be forced to go through the residential streets sidelining 30th Avenue. There was a definite traffic bottleneck in the area and he would like to see bike path plans with a traffic light on 31st as an alternative. March 14, 1977--Page 12 -- ~8 - . Roz Clark, 2683 Alder, represented the Amazon Neighborhood Association. The group felt there needed to be some alternatives to the plan tha~ would contribute to various types of transportation in the area. S{!e noted many alternatives: to remove the islands for buses, to hire ~ traffic cop during the rush hours, to have no turns off of 30th during the peak rush hours, to have traffic diverters on neighborhoai streets, to change Hilyard and Amazon to one-way streets, to stagger work hours, to educate people to carpool and use mass transit, to makE~ Hilyard a toll road, to limit the growth in the south hills area, to let the neighborhood groups design mass transit, to set up a task force to study alternatives, or to use the money for mass transit instead of for road improvements. She said any of these suggestions would be alternatives desired by the group in preference to wideninq 30th Avenue. Doug Clark, 2683 Alder, was concerned how the proposed project fit in with the comprehensive prospective development for the south Eugene area, noting a special concern over a piece-meal approach to traffic problems in the area. He said if there is a larger proposed arterial development, that he would want to see what it is and for Council to allow public input on that proposal. He noted the concern of the various neighborhood groups in the area and suggested that perhaps a committee could be set up with the Council working with the Public Works Department and the neighborhood groups to develop some alternatives to the problem. - Clark Winston Cox, Jr., lOB5 Patterson Street, felt there was a problem at the intersection and that some of the components in the proposed plan were good. He objected to adding extra lanes for cars and trucks, which he felt would attract more traffic, thus adding to the congestion. He favored a mass transit alternative. John Decherd, 2661 Elinor, questioned if this project were not approved, whether the money would be available for other uses. He asked why the Public Works Department had not tested a wide range of alternatives during the last couple of years. Tonner Hays, 2990 High Street, said he was in agreement with the testimonies presented thus far opposing the project. He noted neighborhood groups should be allowed to get together to discuss the projects and have input on projects which would affect their areas. e Ann Morsello, 2643 Kincaid, agreed with testimony against the project. She noted the safety factor for children in the area who attended schools closeby, using bike paths or walking across Hilyard to the stores in the shopping centers. She questioned whether there was a major arterial proposal in the background and this was just one step toward that, whether a recent Register-Guard report of making a freeway was part of this arterial program. She felt the pUblic and the groups involved should have input on such a major design. ~~ March 14,1977--page 13 Elsa Struble, 2730 Alder, represented the Amazon Neighbors opposing the project. As an individual, she said this project would do nothing . for neighborhood beautification. The Public Works Department was responsible for the road system in the area, yet the City Council had a wider commitment to the future, noting the gas shortage, and empha- sizing her desire for more use of mass transit. Betty Mathis, 365 East 31st, said that she favored a plan of two lanes going northbound in the morning, and two lanes going south- bound in the evening, and noted her agreement with the testimony on safety hazards and difficulty in reaching shopping centers. Howie Bonnett, 1835 East 28th, cited the previous Council decision to postpone this project. He said he had difficulty in looking at the proposal and did not know how it fit in with the E-SATS update. People in the area who would be affected by the project wanted to be involved in the planning process and asked for postpone- ment of the project until the E-SATS update was completed and neighborhood hood groups could formulate alternatives. Others who wished to speak against the proposed project but were not able to because of the time element were as follows: Mike Elder, 510 East 32nd Avenue; Sidney Herbert, 2750 Onyx Street; Hilary Frazier, 398 East 32nd Avenue; Steve Rosenfield, 3475 Pearl; Jake Weiner, 209 East 30th Avenue; David Piper, 2815 Hilyard; Dennis Phillips, 175 East 31st Avenue; Pinky Koshner, 2633 Harris; and Peter H. Wells, 155 East 37th Avenue. Public hearing was closed with no further testimony being presented. Mr. Haws asked the questions: what would happen if the project were postponed until the E-SATS update was completed, and what would happen if the money were not spent on this particular project? Mr. Allen replied if the funds were not spent, they would not come back to the Public Works Department for another project. This project had gone through a selection process in the community and the money would go back to the state as a last resort. There was a tight time frame involved for using these funds in the community, and this project had been in process~r six years. As far as the E-SATS, he noted it had not been finalized, but would probably be done by mid-summer; then it would have to be adopted. June 1978 was the deadline for use of the funds for this particular project. He said there was a very tight schedule for completing the project unless the state would extend the June 1978 deadline. Mr. Bradley noted that in previous Council action regarding long- range goals for major diversion of auto trips to other modes, that the congestion level had been rated from A to F and asked at the peak rush hour, what traffic level would be reached at this inter- section. Mr. Reinhard indicated that the March 1977 counts would make the intersection fall into the B category, but that during the peak rush hours the traffic level reaches a D level, and it is projected to be a E level in the year 2000, based on projected growth of that area. ~\O March l4,1977--page 14 e - e Mr. Dave Rynerson, LTD, spoke as a staff member of that group. He noted LTD had a great interest in the intersection widening as they saw a need to make surface improvements in that area, and a need to connect the routes to LCC, U. of 0., and west Eugene. LTO would like to see a traffic signal to facilitate bus movement in the area, bus turnouts, a bike parking and shelter program, and schedule signing. LTO saw this as an opportunity to coordinate the improvements of the area with the Public Works Department. He was not making a judgment on the design of the proposed project, but simply saying that LTO wanted mass transit elements in whatever design was used. e Mr. Delay expressed concern regarding operating in a vacuum without the E-SATS statement, noting what pressures this particular improvement would have in the remainder of the arterial system planned for the city. He asked what other areas might be affected and asked for a clarification if this is not the final design, could alternatives be explored at this point. Mr. Reinhard wondered what the City Council's wish was as to what areas the Public Works should explore, noting that the en- vironmental impact statement had significant components of the project submitted in it as it relates to design, and was requesting proceeding with the number of lanes as proposed in the design. He said as for other street widening projects, the art of traffic forecasting was not very exact. He said traffic flow assigned by forecasts based upon existing conditions does not account for con- gestion, but then assumptions were made that improvements would be able to handle congestions and increased traffic. Mr. Delay asked what capacity the Public Works Department would have to deal with these problems, the alternative ideas that had been presented, and how much work load could be handled in exploring the alternatives or in making minor adjustments. Mr. Reinhard replied that the staff could look at the lesser improvements, but essentially, the proposed improvements were the ones needed for the extent of improvement in that interesection area. He said the staff meant to do the job right, and not in a piecemeal approach or not an overkill. The specific design features would be handled later. Mr. Hamel asked if staff could get together with LTD and face some of the questions that had been raised by the citizens in the pUblic testimony. Mr. Allen replied that the staff had been working closely with LTO and would be doing so on the final design. 111-A-1O Mr. H~ws moved. seconded by Mr. Hamel. to authorize the Public Works Department to proceed with the final environmental impact statement for submittal to the state and federal agencies. Mr. Allen noted that the two agencies involved could make adjust- ments to the environmental impact statement before it goes to final design, and that the final design would be brought back before Council Mr. Haws saw a need for improvement in the area, but would like to see more alternatives proposed. He would like more information; therefore he was going to vote no on the motion. e ;;2./1 March 14, 1977--Page 15 Mr. Lieua1len saw a problem in the area and was interested in LTD's position and also interested in bike facilities, but he had faith in 4i' the development of the proposed project by the Public Works Department and was going to vote to approve the motion. Mr. Delay noted serious concerns about the proposal as it stands and the questions that had been raised by the people in pUblic testimony. He felt a hard look at the future development of the area was needed, including mass transit, car pooling, buses, and providing incentives for reducing automobile use. He could see the need for making improvements, but felt there had been a lack of consideration of alternatives for the project. Mr. Bradley he did not feel there was a safety hazard in the area, but a concern for inconvenience, noting that the concern for traffic congestion had to be balanced against livability in the area and he leaned toward more livability, saying there was a need for alternatives to the proposed project. Mayor Keller mentioned this was not a major arterial, but a major intersection and there was certainly a need shown for improvement with congestion that occurred at that intersection. He said there were going to be more and more people in the area, and that pollution improvement as part of the plan in keeping the cars from stacking up seemed to him to be a viable alternative. He was delighted that LTD was invovled in the planning process. He said the City Council had been facing this problem since 1975 and the problem has worsened considerably since that time. He noted that public input can still be derived before the final plan is approved. Vote was taken on the motion which passed with Williams, Obie, Lieua1len, and Hamel voting aye, and Haws, Delay, and Bradley voting no. e III-B-1 F. Appeal Whitson Minor Partition (M 76-105); Panhandle Policy Manager noted that the appellants were William D. Kirkpatrick, et a1. Planning Commission had approved the Whitson minor partition October 13, 1976, with an appeal submitted from that action and considered by the Planning Commission on January 24, 1977. After review of the testimony submitted, the Planning Commission voted to uphold the staff's determina- tion for the minor partition. He said a subsequent appeal of the decision of the Planning Commission had been submitted to the City Council and materials had been distributed to Council. Mr. Saul said the Planning Commission's decision was made based upon the determina- tion that the proposed partition met standards adopted by the Planning Commission and City Council for evaluation of panhandle lot proposals: The original lot must contain a minimum of 14,000 square feet and this original parcel contained over 20,000 square feet; a structure on the rear lot must be separated by at least 20 feet from structures on the front line, and the existing lot in Parcell is located 55 feet from the proposed parcel line; structures on the lots created through the panhandle lot process should be located so as to maximize separation, e March 14, 1977--Page 16 ~l~ . from existing and adjacent structures, and the proposed house loca- tion on Parcel 2 reflected this consideration. He said the proposed partition was consistent with the pOlicies adopted in the 1990 General Plan and the 1974 Community Goals and Policies concerning encouragement of a compact urban growth form and more efficient utilization of the land. He said the proposed partition complied with all applicable zoning requirements involving minimum lot requirements, setbacks, and other considerations. - Mr. Hamel asked if the proposal met the criteria in the area with a single residence with one exit and one entrance to the area and parking. Mr. Saul said yes, the streets were fully improved and capable of one additional residence. Mr. Hamel wondered if the 13 other lots could be named as panhandle lots also, and whether this would put stress on the street, noting the safety involved. Public hearing was opened. Bill Kirkpatrick,2230 Sandy Drive, speaking as Vice President of the Willakenzie Neighborhood Association, said the Association was unani- mous in its request that the Council reconsider its Panhandle Policy. He noted that the present policy does not require the Planning Depart- ment to make specific findings for the neighborhood, and there was confusion regarding how many lots would be allowed in a par- ticular neighborhood, that it could double the existing lots, for instance, in this particular neighborhood, and noted the concern for the long-range effects and the consideration it would have on the neighborhood itself. He noted a concern for traffic congestion, a decline in the livability of the neighborhood, and requested that the Council reexamine the Panhandle Policy in regards to safe- guards for the residents of the city. Glen Purdy, 2490 Lariat Meadows Drive, noted his concern for the livability of the area, that he believed in single-family unit areas. He felt this would ruin the Willakenzie area because all of the lots in the area are big lots and thus would be available for panhandle partitions. Herbert Yamanaka, 820 Lariat Drive, asked for reconsideration of the Panhandle policy. Rod Gillilan, 892 Lariat Drive, said he lived on Lariat Drive because of the large lots and the limited access and the livability of the area and was opposed to the present Panhandle Policy. Robert Bolton, 811 Lariat Drive said his concern was with the number of lots that could be developed in the panhandle area, that traffic problems would exist with one exit and one entrance to the area, and he was concerned for the safety of children. e AI3 March 14, 1977--Page 17 Frederick Newhouse, 2222 Sandy Drive, noted the number of signatures . on the petition asking for the restriction of the panhandle, and yet all of those signing qualified for panhandle divisions. Mary Newhouse, 2222 Sandy Drive; and Carl Smith, 2390 Lariat Drive, noted opposition to the panhandle policy. Everett L. Hall, 1175 Oakway Road; and Joe Greco, 2299 Lariat Drive, said that they lived in the area because they wanted a large lot around their houses, and did not want the Panhandle policy applying in their neighborhood. Marie Christenson, 2227 Sandy Drive; and Clyde and Carol Greathouse, 2359 Sandy Drive, said they opposed the Panhandle policies for the reasons stated on the petition. John Stenkamp, 889 Lariat Drive, spoke of a concern of maintaining the neighborhood livability as it is. He said he would be opposed to having 40 additional lots and the traffic resulting therefrom. The streets would not be able to handle it. Adolph Sandin, 2425 Lariat Drive, noted the flight of many people from the adjacent core areas and said that the Panhandle Policy hastens deterioration of the areas around the city, which he noted was bad for the city. He said the more attractive areas served as a buffer for the core of the city and that the Council should look at the possibility of this Panhandle Policy destroying those buffers. He felt the City Council was anxious to see attractive areas remain and not deteriorate, and he urged the Council to vote against the Panhandle Policy and the partition. Mr. and Mrs. Richard S. Perry, 2433 Lariat Meadows Drive, sa'id they bought their home from the Whitsons and they were will ing to pay the high price for living in an area with large lots. They said they were against the problems that would come about if density were increased in the area. ' e Those also against the policy, but not testifying were: Herbert Eze1, 2240 Sandy Drive; Thomas Kneisley, 805 Lariat Drive; T. C. Burkhart, 2300 Sandy Drive; and Hope Meados, 800 Lariat Drive. R. L. Whitson presented his side of the appeal, being the one request- ing use of the Panhandle Policy to subdivide his lot. He noted he had tried to sell off the back portion of his lot three years ago to a neighbor, but without success. He read several letters from neighbors in the area supporting his position. He felt that the appeal should be denied and that the Council should then proceed to change the Panhandle Policy if it wished. He felt this was a case of neighbor- hood discrimination, in that seven panhandle lots had been applied for in the area, and each had been bypassed by the neighborhood association but that his particular one had been singled out for an appeal. He noted that in January, one panhandle application e March 14, 1977--page 18 ;tl~ e three blocks down from his particular lot had been applied for with no contest from the Willakenzie Neighborhood Association. He noted that in Lariat Acres, there were restrictions the neighbors could set up if they wished to do so, and he felt there were not any other lots in the area which would qualify as panhandle lots, noting the need for access to the rear and parking space availalbe. Public hearing was closed with no further testimony being presented. Mr. Lieuallen asked who was right in this issue, and what number of lots could be subdivided in the area under the Panhandle Policy. Mr. Saul said it was an unwarranted assumption that there were several lots that could be subdivided under the Panhandle POlicy, that the existing standards and the existing development in the area were considerations. He said he had not counted the number of lots, but that he felt that 50 percent of the lots developed could not possibly be subdivided. He said regarding the size of a lot and the concept of livability, there was a wide variety of opinion as to what constitutes livability. He said the neighbors in an area could enter into a covenant with restrictions for their particular area, and thus protect livability as they saw it for their particular neighborhood. He said it would not prevent partition of this particu- lar lot, but would prevent future partitions in the area. e Mr. Obie felt there was a Question of policy regarding infilling and the concentration of property, that the City Council had to realize the entire city did not believe it was correct. He felt there was a responsibility to spread the thinking concerning the total community, and allow a variety of living environments in the city. He said the Council had a responsibility to uphold the integrity of a neighborhood and felt that a review of the Panhandle Lot Policy should be made by the Council. Mr. Hamel asked whether there had been seven panhandle lots okayed in the Willakenzie area. Mr. Saul replied that he could not recall the figure, but that there had been 139 minor partition applications of which 38 were panhandle lot requests, and this was the first appeal under the policy. Mr. Hamel requested information as to the ingress and egress to this particular area, to which Mr. Saul replied that there was no street problem in that area. He said if a new subdivision proposal was before the Planning Commission with lot sizes that would come in at half the size of these particular lots, it would require no wider streets than were in this area, and the street in question was adequate to handle the traffic. Mr. Lieuallen noted that the Council was operating under existing policy and it should make a decision based on that policy; tJiat if the panhandle lot division meets the criteria, then the City Council should deal with it on that basis. e Mr. Hamel moved, seconded by Mr. Obie, to uphold the appeal of the petition. Motion carried with Mr. Williams, Hamel, and Obie voting aye; Mr. Delay and Mr. Lieuallen voting no; and Mr. Bradley and Mr. Haws abstaining. March 14, 1977--Page 19 ~'5 Com 3/2/77 Affirm Com 3/2/77 Affirm Com 3/2/77 File -~ Com 3/2/77 Affirm ~u II. Items acted upon with one motion after discussion of individual items as requested. Previously discussed in comrnittee-of-the-whole March 2nd (Present: Mayor Keller; Council members Haws, Hamel, Williams Bradley Delay~ Lieual1en, Obie, and Smith) and on March 9 (Present: M~yor Ke11~r; Councll members Haws, Hamel, Smith, Williams, and Lieua1len). Minutes of those meetings appear below printed in smaller type. . Ma~ch 2, 1977 Committee-of-Whole I. Items from Mayor and Council A. Curb Cuts--Mr. Delay noted receiving a letter from Handicapped Commission chairperson Bob Blizzard who said that curb cuts had not been installed when the 28th and Olive Street work was done. Public Works Director responded that he would have to check on the matter but that it is normal city policy to install curb cuts. B. Metropolitan Update Report--Mr. Bradley noted that information had been given to Council last week from the Metropolitan Plan Policy Committee concerning issues to be addressed in the public arena. He said the report was a condensation of a larger one containing comments made by the Metropolitan Plan Policy Committee since its inception last May. He asked that Staff distribute that larger report to Council. C. Council Retreat--Mr. Haws wondered about the possibility of sched- uling a Council retreat. Saturday, April 9, was suggested as a possible date, but Staff will confirm that date next we~k. It was suggested, too, that Council members submit a list of pos- sible agenda items to the Manager. Some preliminary suggestions offered were: 1) Review of boards, commissions, and committee appointment procedures; 2) Alternative handling of routine items because of the frequent lateness of night meetings; 3) Length of meetings and the possibility of setting definite adjournment times; 4) Smoking policy at Council meetings; 5) Goal setting; and 6) Space problems. e Mr. Williams recalled that, in regard to adjournment times, a document was written several years ago which addressed that issue, and he suggested that staff retrieve and distribute it to Council members. D. Whiteaker Neighborhood Newsletter Editorial--Mr. Obie noted that, in the last Whiteaker Newsletter, an editorial appeared which strongly opposed the Cone/Breeden annexation request. Mr. Obie questioned a policy which allows city funds to be utilized by a few people for editorial purposes. He felt that, if the entire neighborhood group wants to take a stand, that is one thing; but he does not feel that this present example is an appropriate expenditure of city funds. Manager responded that there are supposed to be disclaimers included in the newsletters when edit- orial stands are taken. Additionally, the opportunity for both pro and con comment must be made available. - al~ . Com 3/2/77 , Approve Com 3/2/77 Approve Com 3/2/77 Approve e Com 3/2/77 Approve e Dave Waffle, Whiteaker Newsletter editor, said that on the back page of the newsletter there is a disclaimer statement of edit- orial policy. This statement is included in each issue. Mr. Obie requested that staff provide him with a copy of the neighbor- hood organization policy of the city. Mr. Williams commented that government has no business funding comment on only one side of a controversial question. E. Southwest Hills Neighborhood Association Name Change--Manager noted that the above group has recommended changing its name to Hawkins Highland Neighborhood Association, due to the objection to present name by South Hills Neighborhood Association. Mr. Haws moved, seconded by Mr. Hamel, to approve the name change. Motion carried unanimously. F. Appointment to Committee Reviewing ELS Design Associates Downtown Study--Both Mr. Lieuallen and Mr. Hamel have volunteered to serve. Mr. Haws moved, seconded by Mr. Delay, to approve the two appointments. Motion carried unanimously. G. Legislative Subcommittee Report--February 24, 1977--Minutes have been distributed to Council members. Mr. Bradley wondered about what seemed, in the report, to be some division on H.B. 2623 re- garding the local Boundary Commission. Hanager responded there is some policy concern. He said there are several bills relating to the Boundary Commission in the hopper--one to abolish it. The position was taken to support the Commission and to oppose one- year funding; and Ms. Engen will follow through on status. Mr. Haws moved, seconded by Mr. Hamel, to approve the report. Motion carried unanimously. H. Room Tax Subcommittee Report--Memo of February 25, 1977, has been distributed to Council members, which states that, because of prob- lems created by the new state public contract law, the subcommittee is recommending denial of all allocation requests which were con- sidered by the Allocation Committee at their December 15 meeting. Ms. Smith clarified that the intent is simply not to allocate the money as yet until the new ordinance is approved. Those per- sons whose allocation requests have been considered have been notified of this delay. Mr. Obie wondered if there will be a real 1I:11"dHh1r for :lIlY of 1'11<' ,11'1'1 !rnnl"H. Phi 111' ,Johrnlflll. '11f{ WI'!11 J.Ot h, who 1ll'lpl.d drnft 1'1". 1':I1P,I'II" TIH'lltC'r CompallY ~rllnl., 111,ld that 110 11111' 111 1,.h,'II 1',""111' 1:1 "I'I'IIHl'd to 1'.'- eXi1Ininfng the nllocat!on prlll:I'dllrl.'l-I. Ill' <11)1'1-1 fec'l, III)Wc'vI'r, 111111 the Counci.l Rho1l1d feed, commlttl'd to tll.. e)lIP!') whIch hnvl' 111n';)(ly h (!1'11 I'll HHCd . 2/7 3/14/77 - 21 Com 3/2/77 File Com 3/2/77 Approve Jane Van Boskirk, 318 West 20th, said that much of their plan- ning has had to take place in advance. She said their group has definitely enhanced the livability in Eugene as far as bringing in outside artists. .- Mr. Haws moved, seconded by Mr. Hamel, to accept the report of the Subcommittee and, specifically, the contents of the February 25 memo. On behalf of the Summer Festival, Mr. H. Royce Saltzman said their group will begin its eighth summer of bringing outstanding artists to Eugene from various parts of the United States. Most of their work is also done in advance, he said. Some bookings have to be made as much as one year in advance. He said that, since tentative approval was given the group in December, signing contracts is now going to pose a difficulty if approval is delayed. The ironic part of it is that this time they had planned to do a Portland concert and draw people to Eugene who would stay here and help the whole area of motel tax. Mayor Keller noted that the reason for the delay is that, as of January 1, the state has created a totally different process than what the city is accustomed to in signing contracts with agencies for services. There is a question, too, of legal pro- cesses involved. He said the Council is trying to handle the process as quickly as possible and hopes to have it well developed by July 1. Disposition of the funds is being held until that ~ is accomplished, and it could take place before July 1. ,., Mr. Bradley wondered about the possibility of having the Budget Committee consider the total dollar amount of allocations tenta- tively approved in December. Assistant Manager said that the difficulty is that, with public contracts, certain processes are mandated that cannot be corrected by a mere shifting of funds. The issue the Committee is trying to resolve is what the process will be. Manager added, too, that the Committee will first con- sider the applications which have already had tentative approval, but no commitments can be made as yet. Vote was taken on the motion, which carried unanimously. I. Meeting Time--Legislative Subcommittee and Room Tax Subcommittee-- Because Mayor Keller will be testifying on revenue sharing in Salem on March 10 at 4 p.m., the next Room Tax Subcommittee meet- ing will be held at noon on-March 10 and the Legislative Sub- committee meeting will be held at 2 p.m. the same day. II. Liquor License Applications A. Adjacent to 1602 Coburg Road--Skipper's Fish and Chips Chowder House (new restaurant) Safe Co Corporation--Duane Steinberg - 3/14/77 - 22 ~18 . Com 3/2/77 Approve III. Com 3/2/77 Approve Com 3/2/ IV. 77 Pub Hrg . 3/2/7?1. Pub Hrg 3/2/77 VI. Approve - Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing for March 14, 1977. Motion carried unanimously. B. Fifth Street Public Market--Northwest Wine and Cheese (package store) change of location from Smeede Hotel, John David Anderson Mr. Haws moved, seconded by Mr. Hamel, to recommend approval of the change of location. Motion carried unanimously. Improvement ~etitions A. Paving, sanitary sewer, and storm sewer within Stonewood Subdivision; six percent of sanitary sewer outside subdivision; no city costs. B. Paving, sanitary sewer, and storm sewer within lst Addition to Lexington Park; assessment totally within subdivision; no city costs. Mr. Haws moved, seconded by Mr. Hamel, to approve the petitions. Motion carried unanimously. Change of traffic from one-way to two-way on Orchard and Walnut between Franklin and Fairmount Map has been distributed to Council members. Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing for April 11, 1977. Motion carried unanimously. Amendments to City Zoning Code, Sections 9.476 through 9.482, Estab- lishing Mixed-Use Zoning District Jim Saul, Planner, said that a summary of the issues discussed at the Planning Commission meetings on this matter will be mailed to Council members at the end of this week. Mr. Haws moved, seconded by Mr. Hamel to schedule a public hearing on the matter for March 14. Motion carried unanimously. Consideration of Use of Countercyclical Funds Report was transmitted to Council members February 23, 1977. Manager noted that, at the last Committee-of-the-Whole meeting, items 2, 4, and 5 were approved by Council. As discussed at the February 23 meeting, the money can be spent according to federal regulations and city guidelines. It would, of course, be audited as are all federal funds. Funds have to be committed within six months from the date of receipt of the money. Additionally, the funding is supposed to go to sustaining programs that the city has had over the past two years. Mr. Haws moved, seconded by Hr. Obie, to approve item 1, Public Works equipment, $132,000. Motion carried unanimously. 2/ Cf 3/14/77 - 23 On item No.3, Space Problems, Manager explained that the closure of the Armory terminated the Police Department's use of that ~ indoor firing range. Also, working conditions in the basement . of City Hall are contributing to a high turnover rate in the Data Processing Department. Space is needed to relocate Data Processing on an interim basis and release that space to the Police Department. Other possibilities are rental of storage space and other usable space as well as exploring with other jurisdictions the firing range problem. Assistant Manager noted that the pistol range could probably adequately be located down- stairs although a check needs to be made on the mechanical systems in that area. He said, too, that Council will have to deal with the long-range permanent space problem. He said that City Hall is designed to be able to add a tower to it. Whether action is taken on an interim basis, or whether the money is joined with other funds to do something of a more permanent nature, needs to be addressed. Mr. Obie said he could not understand how, since there is a reduction in city employees, more space is still needed. He asked that staff prepare some sort of report addressing that question. Assistant Manager noted that there has been some talk of a crim- inal justice building in Eugene. That issue would most likely take two to three years of debate, however. Manager understood that there had earlier been a commitment that the Municipal Court would be located in the Courthouse once the Public Service Building was completed. That has not happened, and the Municipal Court takes up considerable space. Assistant Manager added also that a study was done three years ago of the possibility of converting the parking underneath City Hall to office space. That option was deemed unacceptable. In answer to Ms. Smith, Assistant Manager also said that, if this issue is not dealt with through the use of countercyclical funds, it will have to be dealt with as a budget request. - Pierce Brooks, Police Chief, said that firing range should ideally be used at least once a month rather than once a year as is presently the case, and he said that many of the present officers did not qualify the last time around. ./ Manager noted that, even without a departmental shift, something woul c1 have to he done about the ventilation in the basement. Mr. I1lIlI1pl 1I1l\<I thaI Ill' wOlllrl Ilkl' to see the city have their own pl.stol range. though he felt a joint venture on a rifle range would be acceptable. Mr. Obie said that he could not in good faith vote for going beyond the bounds of city-owned property to address the space problem at present. Manager pointed out that it may, in the long run, be cheaper to rent some property than lose 30 to 40 - ;2.~o 3/14/77 - 24 e percent of the Data Processing Department through unacceptable working conditions. In response, Mr. Obie said that it is diffi- cult to define morale and actually determine what causes employee turnover. Assistant Manager clarified that it is not possible to have 4,000 square feet of office space next to a firing range and there is not 4,000 square feet of space on the main floor of City Hall. He suggested that. if Council approves the use of countercyclical funds for this space problem, staff could come back with alternatives in solving it. Mr. Haws moved, seconded by Mr. Hamel, to reserve $160,000 as recommended in item 3 and ask staff to come back with options, emphasizing use of city facilities, if possible, and intragovernmental ventures. Motion carried unanimously. On item 6, Urban Renewal Project Staffing, $141,200 is recommended to be used to continue providing staff to work on downtown redevel- opment after the renewal project closeout. This would preserve the funds derived from early closeout ($800,000) for improvements attendant with bringing major retailers and hotel/convention facili- ties into downtown. e Charles Kupper, Renewal Agency Director, felt the money would be leveraging money to get some development that staff is working on for downtown. He said that, of the land available in the Renewal Agency inventory. approximately $10 million of development could be realized if used the way Staff is looking at using it. Every dollar taken away to use for administrative expenses lessens that figure. He said the Renewal Agency is probably looking at a minimum of three years to get the kind of development it wishes. Mr. Delay moved. seconded by Mr. Hamel, to approve item 6. Motion carried unanimously. On item 7, Parcade Interest Payment, $50,000, Mr. Kupper said that the interest payment will be made on a loan to finish the retail space on the first floor of the Parcade. The revenues from the rental of that space would go into the Downtown Develop- ment District fund and it is from revenues that maintenance for the entire garage structure will be paid. If revenues are not sufficent to carry the maintenance, then it might be necessary for the Downtown Development Board to raise its taxes. e Mr. Flogstad, Finance Director, explained that the bond monies to construct the building did not cover development of retail space. since the estimate was too low on the construction costs. The interest schedule calls for 12 semi-annual payments. The six-year loan for $250,000 will generate approximately a $51,000 interest debt, depending on the bank rate. It would include $50,000 of principal payment from the Downtown Development District. The SSO.OOO-plus money needed for taxes, insurance, and upkeep still comes from revenue derived from that building. To generate revenues, the bottom portion of the building needs to be completed. :UI 3/14/77 - 25 Mr. Haws moved, seconded by Mr. Hamel to approve item 7. Motion carried, all Council members present voting aye, except Mr. Haws voting no. . Com 3/2/77 File VII. County-City Relations Relative to Reor~anization Proposal Commissioner Rust's proposal has been distributed to Council members along with diagram of proposed and current organization. As a result of city staff studies on the matter, Manager informed the Coun~il that the City and County are very interdependent. He noted that, under the proposed structure, the chief administrator's job would be divided between at least two people. He said it is unclear as to how items for consideration would be funneled. It could involve the necessity for Council members to be more involved. In addition, he noted that the Regional Data Processing Advisory Board is composed of the admini- strators.of the city and county. He said the city will be concerned until the lines of authority are determined, since under the proposed structure, it would appear that there could be many delays in funneling matters to be addressed. He added, too, that a transition team will be appointed and the city should cooperate in getting information to the team as to city-county relations and activities and the importance of the county's services to all of the citizens. Ms. Smith felt that, as regards the time schedule, if the city is going to have any impact, it should be brought into the process quite rapidly. Manager said that staff is still gathering information and will be meeting and discussing it regularly at a staff level. He said that the county will have to determine the process they will follow first. Ms. Smith felt it might be advisable for the city to recommend the courses of action to the county, rather than simply reacting. e Mr. Hamel felt that Council should keep staff apprised of any concerns they have, and he hoped that staff would keep Council members updated. Mr. Bradley wondered if it would be advisable to suggest that someone from the city be on the county transition team. Mr. Delay felt it was none of city business to tell the County who should be on their team. Com 3/2/77 File VIII. LCOG Request for Review of Board Chairman Compensation Issue Information was distributed to Council February 23, 1977. Joyce Benjamin, City Attorney's office, said that there would be three problems in approving compensation for the board chairman. It is the City Attorney's office's opinion that the LCOG agreement would have to be amended; funds would have to be budgeted for the position; and the City Charter says that the mayor and city council of Eugene shall serve with no pay. It would, therefore, have to be clearly understood that city funds could not go to LCOG and then to the chair- man if that chairman were a Eugene City Council member. Assistant Manager wondered if there was anything in the agreement preventing LCOG from reimbursing someone for out-of-pocket costs. Ms. Benjamin said that that already happens, but this present pro- posal is to reimburse the chairman for income lost. . ~~~ 3/14/77 - 26 e Mr. Haws moved, seconded by Mr. Hamel, to advise LCOG that the City of Eugene is opposed to compensation for the LCOG Board Chairman. Mr. Bradley amended the motion, seconded by Mr. Williams, to say that the city is opposed to the policy as it applies to representatives of the Eugene City Council but that the city does not oppose action taken by another jurisdiction. With consent of the seconds, Mr. Bradley withdrew his amend- ment and Mr. Haws withdrew his motion. Mr. Williams moved, seconded by Mr. Hamel, that Council in- struct and direct Mr. Haws to advise the Board of Directors of LCOG that the City of Eugene feels that, by charter, it is barred from having its representative receive compensation in any way that would be construed as paid by City of Eugene funds, that the city deems it incongruous for others to participate in receiving money paid by Eugene, and accordingly declines to take any specific position on the measure. - Mr. Bradley amended the motion, seconded by Mr. Haws, to authorize Mr. Haws to vote no on the proposal as it applies to a representative from the City of Eugene, and with the understanding it would have the city's consent as long as it applied only to the other jurisdictions. Motion failed, Council members Delay, Bradley, and Haws voting yes, and Council members Lieuallen, Obie, Smith, Williams, and Hamel voting no. Vote was taken on the motion as stated, which carried, Council members Williams, Obie, Smith, Hamel, and Lieuallen voting yes, and Council members Delay, Bradley, and Haws voting no. Com 3/2/77 IX. Alternative Proposal for Handling Certain Appeals to Council File Memo of February 24 from the City Attorney's office has been distri- buted to Council. It was understood that this matter would be discussed at the Council's retreat. Com 3/2/77 ^ffi l'lll x. Reconsideration of Policy Relative to Smoking at City Council Meetings Pr('SPllt pollry has hC'C'n rl f Rt rihutpd to Council members. Mayor Keller 111'1,'.1 tit/It It WII~I IIt'V,'" hl~ Illl"1l1 lo rl'IllOVI' the smuklng ban. His problem was that, 118 thc Counc i.I. spent three hours at a meeting in- tended to take one ilnd one-half hourl-l, he l'xcrcl.acd what: Ill' IlOW f..'cl,H probably bad judgment in allowing smoking. His recommendation to Council would be that it continue to retain the present policy. He suggested that, if a meeting runs overtime, a short coffee break can be taken. e ~ 3/l4/77 - 27 There has been some flak over the smoking issue in light of the city's stand on field burning, and Mr. Haws wondered if it would be appropriate to write to the legislature saying the city is standing by its present policy on no smoking at Council meetings. . It was understood that such a letter would be written by staff for Mayor Keller's signature. Com 3/2/77 Approve XI. Resolution in Submitting Written Materials to Council Proposed resolution has been distributed to Council members. It sug- gests that any written material in support of or in opposition to matters to be heard at a public hearing be submitted to the City Manager's office no later than noon on the Friday preceeding the week of Council consideration with sufficient copies provided to enable distribution to Councilors and other interested persons. It further suggests that failure to submit any written material within the time specified may result in the material not being considered. If a document were given to Council members at a Monday night meet- ing and made a part of the record but not considered by Council, and if that document contained enough material to sway a decision, Mr. Williams wondered if Council might later be reversed for not having considered the material. Ms. Benjamin said that, if the material is not considered but made a part of the record, in light of the proposed resolution Council would be in a safe position. She said Council does not have to consider everything that is "part of the record". 'e Mr. Bradley said he was philosophically opposed to that idea, that material should be considered, and that a matter might best be post- poned if Council members do not have time to go over the material. Mr. abie left the meeting. Mr. Delay said he was in favor of the proposed policy, feeling that public hearing notices could include the time limit for submitting materials to the Council. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Mr. Lieuallen said he did not want to feel obligated to read something at the meeting. Ms. Smith felt that neighborhood organizations should be included among those to receive the resolution. Vote was taken on the motion which carried, all Council members present voting aye, except Mr. Bradley voting no. e "-~ If 3/14/77 - 28 March 9, 1977 Committee-of-Whole e Com 3/9/77 Affirm Com 3/9/77 File Com 3/9/77 Affirm and Approve e Com 3/9/77 File Com 3/9/77 File Com 3/9/77 Approve .. I. Items from Mayor and Council A. City Council Work Session--Ms. Smith asked that possible future involvement in a civic auditorium be added to the work session agenda. B. Active Bethel Citizens--Mr. Haws noted there would be an open house Sunday, March 13, from 1-4 p.m., at the Peterson Park Barn. C. Appointments 1. Mechanical Board--Donn Chase was reappointed by Mayor Keller for a five-year term ending 1/1/82. 2. Traffic Safety Commission--Mayor Keller appointed Gwen Neet. 3. Zoning Board of Appeals--Mayor Keller reappointed Margaret Guitteau for a term ending 1/1/82; Dr. Stoddard Malarkey, to fill unexpired term of Eleanor Mulder, term ending 1/ l/79. 4. Building/Housing Code Board of Appeals--Dave Pedersen, term ending l/I/82. 5. Sign Code Board of Appeals--Reappointment of Owen McCullen and Dave Hoffman, for terms ending 1/1/80. Mr. Haws moved, seconded by Mr. Hamel, to approve the appointment. Motion carried unanimously. 6. Library Board--Tom Gilbert to fill the unexpired term of Dr. Charles S. Williams, term ending l/l/78. Mr. Haws moved, seconded by Mr. Hamel, to approve the appointment. Motion carried unanimously. D. Field Burning--Mayor Keller noted a hearing by the Senate Legislative Committee will be held Thursday, March 17, 7 p.m. in the City Council Chambers with the topic being impact of field burning. E. Public Works Quarterly Report--Report distributed to the Council. Manager commended the staff of the Public Works Department for its fine report. F. Legislative Subcommittee--Minutes distributed to the Council. Manager indicated there was only one bill, House Bill 2213 which resulted in a 2-1 vote. 3/14/77 - 29 ~~5 Mr. Haws moved, seconded by Mr. Hamel, to accept the Legislative Subcommittee report excepting House Bills 2213 and 2455. Motion carried unanimously. - Com 3/9/77 Approve G. Assessment Panel Report--Distributed to Council. PANEL HEARING March 7, 1977 ,Present: Council members Williams and Lieuallen, and City Engineer Tietzel A. C.B. 1338--Levying assessments for paving, sanitary sewer and storm sewer within 10th Addition to Nob Hill (75-31 - 1139) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. B. C.B. l339--Levying assessments for sanitary sewer on Delta Highway from Belt Line Road to 2400 feet north; and Green Acres Road from Delta Highway to approximately 1500 feet east (75-47 - 666 & 1192) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. C. C.B. 1340--Levying assessments for sidewalk - Bailey Lane from Coburg Road to 500 feet east (76-06 - 1039) No written protests or requests to be heard were received. - Recommendation: Levy assessments as proposed. D. C.B. 134l--Levying assessments for alley pav~ng - between 18th Avenue and 19th Avenue from Oak Street to Pearl Street (76-12 - 1204) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. E. C.B. 1342--Levying assessments for paving, sanitary and storm sewers within Kincaid Oaks Subdivision; and paving Kincaid Street from East Amazon Drive to the east and south (76-15 - 1244) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. F. C.B. 1362--Levying assessments for paving Concord Street from Jacobs Drive to Hughes Street (76-04 - 1220) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. . ~~~ 3/14/77 - 30 e G. C.B. 1363--Levying assessments for paving, sanitary and storm sewer within 2nd Addition to Meadowbrook; and sanitary sewer and storm sewer to serve the property within 160 feet of the south boundary of 2nd Addition to Meadowbrook (76-l4 - 1232) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. H. C.B. l364--Levying assessments for paving, sanitary sewer and storm sewer within 2nd Addition to Panorama View and sanitary sewer and storm sewer to serve property within l60 feet of the south boundary of 2nd Addition to Panorama View (76-26 - l247) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. I. C.B. 1365--Levying assessments for paving, sanitary sewer and storm sewer Kingswood Street within Piney Woods Subdivision and 50th Avenue adjacent to Piney Woods Subdivision; and sanitary sewer and storm sewer within Piney Woods Subdivision (76-36 - 930) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. - J. C.B. 1366--Levying assessments for paving, sanitary sewer and storm sewer within Concord Plat; and sanitary sewer within 160 feet of the south and east boundaries of Concord Plat (76-42 - 1272) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. K. C.B. 1367--Levying assessments for paving l5th Avenue from Jefferson Street to Madison Street (76-52 - ll24) Request to be heard was received from Warren E. Ove of 1490 Jefferson Street. Mr. Teitzel explained that this project was initiated by the City Council at the request of the Bicycle Committee, 1n order to provide better access to the Lane County Fairgrounds. Warren Ove spoke, stating that the first he had heard of the paving project was when he received a notice that the Council would consider award of the bids. He further stated that he had been informed that the property owners had been polled regarding their opinion of the street paving project, but that he had not received any information in this regard. Mr. Ove further stated that the pol1 letter had gone out, but that he had been informed by the City that a mistake had been made and the letter had been mailed to the wrong owner. e ~~7 3/14/77 - 31 Com 3/9/77 File Com 3/9/77 Approve Mr. Teitzel explained that an error had been made, and that the poll letter had gone to the wrong property owner. He further explained that the error was not discovered due to the fact that the person who had received the poll letter had returned it with a vote in Oppos1t1on to the paving project. Mr. Teitzel stated that Mr. Ove was mailed the notice of the award of the contract. - Mr. Williams inquired as to the results of the poll. Mr. Teitzel stated that there were three properties on the street, Mr. Ove's, one other, and City-owned property. He stated that there was a 100 per cent vote in opposition to the paving, excluding the city-owned property. Mr. Ove stated that he felt the method of assessment was unfair 1n this regard, due to the fact that the Fairgrounds benefits from the street and he felt there should be some way for the Lane County Fair Commission to pay a share of the cost of the assessment. He further stated that he feels there is too much emphasis given to bicycles in this community. Recommendation: Levy assessments as proposed. L. C.B. . 1368--Levying assessments for alley paving: between 5th Avenue and 6th Avenue from High Street to Pearl Street (76-66 - 1287) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. M. C.B. 1369--Levying assessments for sanitary sewer - Holly Street 4It from Norkenzie Road to 800 feet west (76-72 - 1322) No written protests or requests to be heard were received. Recommendation: Levy assessments as proposed. Mr. Haws moved, seconded by Mr. Williams, to accept the report. Motion carried unanimously. H. Council Study Session--After discussion on changing the date, it was tentatively decided to maintain April 9 date for the work-study session. Mayor Keller, Mr. Hamel, and Ms. Smith noted they would be able to attend that day. II. Liquor License Applications A. El Comedor, 30l Oakway Mall (RMB--new outlet) Mr. Haws moved, seconded by Mr. Hamel, to schedule public hearing March 14, 1977. Motion carried unanimously. B. Duke's Market, 430 Gilbert (PS--change of ownership) e 3/14/77 - 32 ~~8 e 3/9/77 Ill. Approve - Com 3/9/77 IV. Approve Com 3/9/77 File e Mr. Haws moved, seconded by Mr. Hamel, to approve the application. Motion carried unanimously. "-'\' 1 t . Improvement Petitions A. Paving, sanitary sewer and storm sewer within Bonner Plat--18.2 percent of sanitary sewer outside subdivision--$18,000 City cost on storm sewer. B. Paving, sanitary sewer and storm sewer within Briarwood Subdivision--assessment within subdivision--no City cost. c. Paving, sanitary sewer and storm sewer within 1st addition of Briarwood Subdivision--assessment within subdivision--no City cost. D. Paving, sanitary sewer and storm sewer within 2nd addition of Briarwood Subdivision--68 percent of sanitary sewer assessable outside subdivision, 14 percent of paving assessable outside subdivision--City cost $2,600 for sanitary sewer trunk. E. Paving, sanitary sewer and storm sewer in 2nd addition to Universal Park, and paving 5th Avenue from Wallis to l300' East and Wallis from 5th to 1st Avenue--totally assessable within subdivision--City costs $68,250 for bridge, $8,700 for storm sewer. F. Paving, sanitary sewer and storm sewer within Braemore Subdivision--50 percent of McLean Boulevard adjacaent to plat not signed--no City costs. Mr. Haws moved, seconded by Mr. Hamel, to accept the improvement petitions. Motion carried, all members pre- sent voting aye except Mr. Haws abstaining on Items B, C, and D. Mr. Haws asked about the bridge in item E. Mr. Allen, Public Works Department, explained this was a prior commitment involving the Amazon flood control channel. Segretation of Assessment--Between Beltline Road and Danebo Road, south of Barger, Assessor's Map--17-04-2l-13--Tax Lot 00200-John Steinmul1er. Mr. Haws moved, seconded by Mr. Hamel, to approve the ~I'T,I-"~',:J1 i nil. Mnl'inn cl1rril'd unanimo\lsly. v. Planning Commission Recommendations--February 7, 1977 A. Annual update of Eugene Bikeways Master Plan--MT. Allp.n, of the Public Works Department, distributed copies of the update pIan to Council Members. Discussion will be held March 16, Committee-of-the-Whole meeting. 3/14/77 - 33 ~'1 Com 3/9/77 Pub Hrg Com 3/9/77 Pub Hrg Com 3/9/77 File Com 3/9/77 VI. Pub Hrg Com 3/9/77VII. Pub Hrg B. Vacation of Public Utility Easements 1. Ellison & Platz--located between Happy Lane and Russet Drive (EV 76-6)(Assessor's Map 17-03-19-2-1) e 2. EWEB--Located between Harlow Road and Roan Drive (EV 76-8)(Assessor's Map l7-03-28-2-2) Mr. Haws moved, seconded by Mr. Hamel, to set public hearings for the vacation of public utility easements, April ll, 1977. Motion carried unanimously. C. Annexation Request 1. Marnold J. Smith--annexation of a parcel consisting of approximately 6.9 acres located along the west side of Gilham Road north of Crescent Avenue (A 76-l7)(Tax Lots 202 and 205--Assessor's Map 17-03-l7-2-3) 2. Bob Meltebeke--Annexation of a parcel consisting of approximately 11.9 acres located south of Centennial Boulevard, east ,of Alton Baker Park, and west of the Chevy Chase Subdivision (A 76-l8)(Tax Lots 100 and 300--Assessor's Map 17-03-33-2-1) Mr. Haws moved, seconded by Mr. Hamel, to schedule public hearings March 14, 1977. Motion carried unanimously. D. Withdrawal of Proposed Interim Design Criteria for East Butte Area Manager indicated this was for Council's information only, and that the Interim Design proposal had been withdrawn. e Appeal of Denial of Ambulance Driver and Attendant License wilford Byrd--appellant. Memo and applicable section of Code distributed to Council. Mr. Haws moved, seconded by Mr. Hamel, to schedule public hearing for March 14, 1977. Motion carried unanimously. Review of Proposed Water Extension PoI icy Proposed revision to policy distributed to Council February 28, 1977. Mr. Chenkin, Planning Department, explained to Council that the revision to the City policy is not a new one, simply a refinement of the one which has been in operation for some years. He said the major revision would be in the defining of a health hazard, which would require the health hazard to be a communicable disease hazard. He said with Boundary Commission approval service would stilI be available to properties outside the city, but within the urban service boundary provided: e 3/14/77 - 34 A,30 e 1. Annexation is inappropriate or legally impossible; 2. Water service will not prolong the life of non-conforming uses; 3. The property is served by an approved means of sewage disposals; and 4. The owner signs an agreement to annex it at the City's option. Outside the urban service boundary the proposed policy would recognize the existing service to Lane Community College and the airport. Elsewhere, proof of a communicable disease hazard would be required. Current water extension policy requires the existence of a public health hazard, but does not necessarily require the hazard to be a condition propagating a communicable disease. Mr. Chenkin indicated there was a need to control develop- ment beyond the urban services boundary of the city, and that it would be easier, when considering annexation of property, if certain criteria were applied. e Mr. Williams provided some background information for new Council members. He indicated the question concerned what constitutes a health hazard. In the 1990 Plan it is appropriate to extend water beyond the urban services boundary of the city if a health hazard exists. He cited the state law definition of a health hazard and noted that the Lane County policy provides a health hazard exists when it is dangerous to drink the water or if there is not enough water. However, under the City policy only contamination of a water supply with communicable disease bacteria would qualify as a health hazard. He felt the City policy was trying to prove the integrity of the urban services boundary, and to eliminate the leapfrogging of urban sprawl. However, the problem exists, for instance, where there is an existing household and the water is not fit to drink. If the City says no health hazard exists and does not extend water to that property, Mr. Williams said it offended his sense of obligation not to eliminate housing unnecessarily. He noted that he was not saying that the taxpayers should bear the cost of extending water to these outlying areas, but that he did not see any reason to not extend the water supply, when people living in the outlying areas find their water supply presents a health hazard. He does not think that the City should deny city water to those people. Mr. Lieuallen indicated he felt the existing language regarding the health hazard in the City policy was too loose, and felt that there was a necessity for control, with an option to extend water, providing where and when to decide the reasons are appropriate. Mr. Haws indicated he was in favor of the proposed change in the water policy, so that it would allow the City to have control over the water supply. . 23/ 3/14/77 - 3S Discussion was held concerning the possibility of encouraging de- velopment outside the urban service boundary, if the existing water policy were not changed. Mr. Williams commented he felt that the issue had not been addressed, that he did not want to encourage Lane County to form its own water district to serve the areas outside the Eugene service boundary. . Mayor Keller wondered whether, if the City does not have the responsibility for serving both water and sewer to areas outside the urban service boundary, by encouraging Lane County to form such a district, it would be bringing in competition. He felt that control over the extension of services was necessary for the City to maintain, but cautioned Council to be aware of ramifica- tions and responsibilities that go with such control. Mr. Chenkin indicated the City has to provide water within the urban service boundary area, but the extension beyond the urban service boundary would include looking at a whole new philosophy which would be contrary to the 1990 Plan and the urban service boundary policy. Mr. Porter added that the fringe area around Eugene had not been planned. He said if definite plans were available then the City could plan now as to how to extend ser- vices, and referred to the River Road, Santa Clara, and Shade Oaks development areas as problems areas. Mr. Long of the City Attorney's office explained to Council that after April 1, control of water extension will be vested in the Council and not in EWEB. He noted there is a bill in the legislature which would require the City, if it provided water outside the city, to provide that water at the same rate as it does within the city. He noted that the staff in preparing the proposed resolution felt that the water problem in the County would be the County's problem, but if development is allowed in the County and a health hazard comes up, then, without the proposed revision the City will find itself servicing everyone in the County. e Mr. Johnson, of EWEB, said that the County is now working on such a policy, whereby the property owner will have to provide proof of an adequate water supply before he could obtain a building permit. Diane Nechak of the Boundary Commission explained that there was a requirement for clarification as to who would initiate the water extension request, and that if it did not first go through the Planning Department and the City of Eugene, it would not come before the Boundary Commission. She indicated the Boundary Commission policy is more restrictive in regard to water extensions and encouraged passage of the revised water policy. . 3/14/77 - 36 U~ e Mr. Williams asked if there was any other approach the City might adopt to force a showing by an individual that he has an adequate water supply on the property. Mr. Long explained the major problem involves controlling what happens along the connecting line; that persons granting easements would request water hookups, that developers could come along the connecting lines and develop property to tie into the extended service. He said it was possible, perhaps, to address this on an individual basis; but it would be an expensive proposition. Mr. Long indicated that courts recognize the inhabitants of the city have a paramount right to the water produced by the City and that right must be protected, even though the City can sell outside its limits. Mr. Porter, Planning Department, indicated that he would very much like to see the Council approve this policy; that the policy will probably be altered in the future when the County has a more detailed fringe area pIan. Mr. Williams moved, seconded by Mr. Harne 1 , to schedule a public hearing March 28, 1977 on a resolution containing the proposed changes. Motion carried unanimously. Com 3/9/77 File VIII. Council Work Session on 30th and Hilyard Project--Reports dis- tributed to Council. e Mr. AlIen, Public Works Department, said that since 1971 the Public Works Department felt it should have a right to construct an arterial street system for the City based on the 1990 Plan. He said the burden of proof was on the Public Works Department to see that it conformed to basic criteria. He said the 30th and Hilyard Street widening intersection was initiated by the Public Works Department, and that a controversy exists concerning those opposed to growth and highway projects versus those who are in favor of growth and future highway projects. He said there had been a large amount of citizen participation in discussing this issue up to this stage of the process. He said the Public Works Department was advocating this as a needed project and was asking for approval by the City Council. ' Dave Reinhard, Transportation Planning in Public Works, reviewed materials distributed to Council February l7. He reviewed the flow chart and indicated this step in the process was simply asking the City Council to authorize the further process of preparing an environmental impact statement, and authorizing Public Works to proceed with the project. He indicated Public Works would prefer the Council to kill the project at this point rather than to wait e 3/14/77 - 37 2.33 until a later date, when more steps in the lengthy process would have been taken. He noted to Council members that the Council will again have more opportunities for input. Ms. Smith asked about the communication process with the neighborhood groups in this particular project, indicating that several editorials in neighborhood newspapers had shown they were not in support of the project. Mr. Reinhard replied that the staff had been appearing with neighborhood groups to talk over the existing project. Mr. Lieuallen asked how the Lane Transit District feels about the project. Mr. Dave Rynerson of LTD replied there was a great concern on the part of LTD for providing better connections along the proposed route and that LTD was interested in the future route connecting with southwest Eugene. Some proposed additional elements had been suggested to: 1) include bus turnouts; 2) include offstreet turn- arounds for the buses in the future; 3) include additional bike parking facilities; and 4) include better transit infor- mation siting and shelters. He noted that street congestion in the area is a problem blocking the efficient use of the bus system and, in fact, that LTD had been trying to avoid this particular intersection for quite some time, and was very much in favor of elimination of congestion in the area. Mr. Lieuallen asked if in this proposed project there would be money for bike parking and shelters. Mr. Allen replied that under the money appropriated in this particular job there are no such specific elements in the contract bid. He said it was not the intent of this project to solve every problem under this contract, that there will be staged solutions as the project progresses. Mr. Rynerson, of LTD, said that federal funding in the amount of $50,000 has been requested for use for bus turnouts and bike facilities. Ms. Smith asked what was the primary reason for proceeding with this project at this time. Mr. Allen replied that the federal funding schedule is very tight, and there was no further data anticipated out of the ESATS Update to take into account. Mr. Hamel noted the 29th and Willamette Street improvement had been successful and asked the reason for that improve- ment. Mr. Al1en replied that the reason for the improve- ment at 29th and Willamette was a safety hazard; the reason for the 30th and Hilyard improvement is one of capacity. 23~ e e . 3/14/77 - 38 Com 3/9/77 .rm IX. Consideration of Library Ordinance in Conformance with New Charter--Ordinance distributed to Council. Manager indicated that under the new Charter, taking effect April l, it is necessary to have a Library ordinance to make actions of the Library Board legitimate. He said there was an agreement on all portions with the Library Board except the appointment of the Librarian. Mr. Long had appeared before the Board and explained that the proposed ordinance was worded to conform with the Charter. He indicated the ordinance should be introduced, if possible, March 14, 1977. Com 3/9/77 Pub Hrg X. Proposal for Rate Increase in Waiting Charge for Taxis-- Memo distributed to Council Manager reviewed memorandum from the Director of Finance to Council. The request was made by Dial-a-Cab Company for an in- crease in waiting charge from $6 to $12 an hour and use of that charge for traffic delay time. Manager said staff indicated that this was an excessive increase, and recommended increase from $6 to $8 per hour. e Discussion was held on the issue concerning who should pay for the taxi fare when stalled in traffic, either from mileage rate or a tack-on charge, or when an individual makes a cab wait. Assistant Manager said that the question was whether to charge those who create the cost or assess to all users by adjusting the mileage rate. Finance Director indicated that this proposal concerns the time involved when a cab is called and asked to wait at the door or used to deliver. He said the traffic delay time would be charged when stalled by a train, traffic tie-ups, or accidents. It was staff's feeling that there was not enough traffic in Eugene to require a traffic delay time charge. Mr. Haws moved, seconded by Mr. Hamel, to schedule a public hearing March 28, 1977. Motion carried unanimously. Com 3/9/77 File XI. Report on City Services Electrical and Water Conservation Programs--Report distributed to Council Mr. Johnson, of EWEB, gave a status report on the need for conser- vation, indicating there had been a change because of the rain and higher river flow. He commended the City for its conservation efforts and urged those to continue. Mr. Greg Page, City Manager's office, reviewed the memorandum distributed to Council, indicating it was merely information to show the steps being taken to conserve energy and water. He said there would be every effort to try to maintain a program to reduce consumption and cost. A question was asked concerning the University of Oregon not using 40 percent of its heat generated and wondering if this could be used by the City and why it should be wasted. e :1.35 3/14/77 - 39 It was understood that staff would investigate and answer to Council next week. , Com 3/9/77XII. File HB 2213--Legalizing of Prostitution Mr. Williams of the Legislative Subcommittee indicated that no one on the Committee strongly felt that prostitution should be a crime. However, testimony by the Police Department indicated that legalizing prostitution would lead to organized crime, violence, pimp activity, etc., in the area, and for that reason the Committee had voted to oppose legalization of prostitution. Mr. Haws indicated that he felt these traditional arguments were not acceptable to him, and he was in favor of legalizing prostitution. Mayor Keller invited Councilman Haws to come down to his store area and see what goes on even though it's illegal. Mr. Haws declined the invitation. Mr. Haws moved,seconded by Mr. Hamel, that items A 1-11 and B 1-11 be approved, affirmed and filed as noted. Roll call vote. Motion carried with all Council members present voting aye. . rV-A-l III. Items not previously discussed at committee-of-the-who1e. Segregation of assessment--Assessor's Map 17-04-21-20-01-002; Briarwood 1st and 2nd Additions, Parcels A, B, and C; Bob Harrison/Briarwood Asso- ciates; between Barger Drive and Avalon, west of Danebo Avenue Manager noted this was a routine item that had not come before the commit- tee-of-the-who1e but action tonight was necessary in allowing the segregation to remain. He said all the papers were in order, that there had been an error in the original ordinance and this ordinance would simply correct that error. Council Bill No. 1425--Amending Ordinance 17821 regarding assessment for storm sewer on Briarwood Estates was read by Council Bill number and title only, there being no Council member present requesting that it be read in full. Mr. Hamel moved, seconded by Mr. Williams, that Council Bill 1425 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, with all Council members pre- sent voting aye except Mr. Haws and Mr. Bradley abstaining, and the bill was read the second time by Council Bill number only. Mr. Hamel moved, seconded by Mr. Williams, that Council Bill 1425 be . approved and given final passage. Roll call vote. All Council members ' . present voting aye except Mr. Haws and Mr. Bradley abstaining, the bill was declared passed and numbered 17899. ~3~ 3/14/77 - 40 . IV-A-2 e IV-A-3 e IV. Ordinances A. Alley Vacation (AV 76-6), located west of High Street, north of East 2nd Avenue, retaining public utility and pedestrian easements. Manager noted this item had been carried over from February 28 Council meeting to allow legal counsel to render an opinion. The brief had been distributed to Council and the two arguments had been regarding the State versus the city charter and the Fasano procedure. In the legal opinion it was noted that the city charter did apply and that the Fasano procedure would apply. C.B. 1356 - Authorizing alley vacation, Blain Alley (AV 76-6) located west of High Street, north of East 2nd Avenue; retaining public utility and pedestrian easement was read by number and title, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that council bill 1356 be approved and given final passage. Roll call vote. All Council members present voting aye, except Mr. Bradely voting no, the bill was declared passed and numbered 17900. B. Rezoning from County AGT Agriculture, Grazing, and Timber-raising District and County RA Suburban Residential District to City R-1 PO Single-Family Residential District (260 + acres), M-l PO Limited Industrial District (120 ~ acres), and C-l PO Neighborhood Commercial District (10 + acres) all with Planned Unit Development Procedures (Cone/BreedenT (Z 77-2) Manager noted that this item had been carried over from the February 28 Council meeting and read the bill by council bill number only. C.B. 1360 - Rezoning to City R-l PO single family residential district (260 +- acres), M-l PO limited industrial district (120 +- acres), and C-l PO neighborhood commercial district (lO +- acres) all with Planned Unit Development procedures was read by council bill number and title only, there being no Council member Present requesting it be read in full. 3/14/77 - 41 ~1 Mr. Haws moved, seconded by Mr. Hamel, that council bill 1360 be approved and given final passage. Mr. Delay moved, seconded by Mr. Bradley, to amend the motion to rezone the 120 + acres to the M-1 PD Limited Industrial District and drop the 260 + acres for single-family residential use and the C-1 PD neighborhood commercial district for 10 ~ acres. . Mr. Lieual1en said that to agree with that motion would imply there, was no need for housing development in the area. Mr. Obie asked for a point of order and said that that was not germane to the motion. Mr. Bradley did not agree with Mr. Obie. His concern was procedural and wondered if, by making such an amendment to the motion, it would be opening the item for rebuttal by the proponents of the request as it would be construed as new information. Ms. Benjamin, City Attorney, noted that if there were any ex parte contacts they should be stated now. There were none. She noted Council could ask questions for clarification of the matter, but that no area of interest could be opened up where a rebuttal would be required. Mr. Delay felt this was a reasonable approach in that it would accomplish t~ . primary concern of annexing the area where a need had been established, but he was not convinced that there was a need for the housing and commercial developments in that area. Vote was taken on the amendment to the motion which did not pass, with Delay and Bradley voting aye, and all other Council members voting no. e Rollcall vote was taken on the original motion which passed with all Council members present voting aye except Mr. Bradley voting no, and council bill was declared passed and numbered 17901. IV-A-4 C. Amend City Code re: Library Manager noted that this ordinance was necessary to amend the city code in regard to the library to bring it into conformance with the new charter which goes into effect April 1, 1977. C.B. 1399--Amending City Code re: City Library; amending Sections 2.290 and 2.295 and adding Section 2.293; 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. - ~8 3/14/77 - 42 . Mr. Haws moved, seconded by Mr. Hamel, that council bill 1399 be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that council bill 1399 be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17902. IV-A-5 C.B. 1338--Levying assessments for paving, sanitary and storm sewer within 10th Addition to Nob Hill (75-31), read the first time on February 14, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. 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 17903. - C.B. 1339--Levying assessments for sanitary sewer on Delta Highway from Beltline Road to 2400 feet north; and Green Acres Road from Delta Highway to approximately 1500 feet east (75-47) read the first time on February 14, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present request- ing that it be read in full. There were no written pro- tests on file or requests to be heard. 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 17904. C.B. 1340--Levying assessments for sidewalk--Bailey Lane from Coburg Road to 500 feet east (76-06) read the first time on February 14, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. 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 17905. e ~3~ 3/l4/77 - 43 C.B. 1341--Levying assessments for alley paving--between 18th Avenue and 19th Avenue from Oak Street to Pearl Street (76-12) read the first time on February 14, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. . 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 17906. C.B. 1342--Leving assessments for paving, sanitary and storm sewers within Kincaid Oaks Subidvision; and paving Kincaid street for East Amazon Drive to the east and north (76-15) read the first time on February 14, 1977 and referred to Assess- ment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. 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 17907 . - C.B. 1362--Levying assessments for paving Concord Street from Jacobs Drive to Hughes Street (76-04) read the first time on February 28, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. 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 17908. C.B. 1363--Levying assessments for paving, sanitary and storm sewer within 2nd Addition to Meadowbrook; and sanitary sewer and storm sewer to serve the property within 160 feet of the south boundary of 2nd Addition to Meadowbrook (76-14) read the first time on February 28, 1977 and referred to Assess- ment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. -- 3/14/77 - 44 l!fO . 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 17909. C.B. 1364--Levying assessments for paving, sanitary sewer and storm sewer within 2nd Addition to Panorama View and sanitary sewer and storm sewer to serve property within 160 feet of the south boundary of 2nd Addition to Panorama View (76-26) read the first time on February 28, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present request- ing that it be read in full. There were no written pro- tests on file or requests to be heard. 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 17910. - C.B. 1365--Levying assessments for paving, sanitary sewer and storm sewer Kingswood Street within Piney Woods Subdivision and 50th Avenue adjacent to Piney Woods Subdivision; and sani- tary sewer and storm sewer within Piney Woods Subdivision (76-36) read the first time on February 28, 1977 and re- ferred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. 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 17911. C.B. 1366--Levying assessments for paving, sanitary sewer and storm sewer within Concord Plat; and sanitary sewer within 1604 feet of the south and east boundaries of Concord Plat (76-42) read the first time on February 28, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present request- ing that it be read in full. There were no written pro- tests on file or requests to be heard. 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 17912. . ~w 3/14/77 - 4S C.B. 1367--Levying assessments for paving 15th Avenue from Jefferson Street to Madison Street (76-52) read the first time on February 28, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. . 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 17913. C.B. 1368--Levying assessments for alley paving between 5th Avenue and 6th Avenue from High Street to Pearl Street (76-66) read the first time on February 28, 1977 and referred to Assess- ment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. 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 17914. C.B. 1369--Levying assessments for sanitary sewer--Hol1y Street from Norkenzie Road to 800 feet west (76-72) read the first time on February 28, 1977 and referred to Assessment Panel March 7, 1977, was brought back and read the second time by council bill number and title only, there being no Council members present requesting that it be read in full. There were no written protests on file or requests to be heard. - 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 17915. IV-A-6 C.B. 1400--lmprove streets within Stonewood Subdivision (1348) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members 4IIl present voting aye, the bill was declared passed and numbered 17916. ~4~ 3/14/77 - 46 . C.B. 1401--Approving and adopting plans and specifications for Stone- wood Subdivision was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17917. C.B. 1402--Construct sanitary sewer and storm sewer within Stonewood Subdivision and sanitary sewer to serve area within 160 feet of north boundary of subdivision (1348) was read by bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimouSly 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. All Council members present voting aye, the bill was declared passed and numbered 17918. C.B. 1403--Adopt plans and specifications for Stonewood Subdivision was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17919. C.B. 1404--Improve streets within 1st Addition to Lexington Park (1430) was read by bill number and title only, there being no Council member present requesting that it be read in full. " Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. ~I./ 3 3/14/77 - 47 . 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 17920. C.B. 1405--Approving and adopting plans and specifications for 1st Addition to Lexington Park was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17921. C.B. 1406--Construct sanitary sewer and storm sewer within 1st Addition to Lexington Park (1430) was read by bill number and title only, there being no Council member present requesting that ~ it be read in full. ~ Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17922. C.B. 1407--Adopting plans and specifications for 1st Addition to Lexington Park was read by bill number and title only, there being no Council member present requesting that it be read in full. 3/14/77 - 48 ~ ~~ . Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously 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. All Council members present voting aye, the bill was declared passed and numbered 17923. C.B. 1408--Improve streets within Bonner Plat (1332) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17924. - C.B. 1409--Approving and adopting plans and specifications for Bonner Plat was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17925. C.B. 1410--Construct sanitary sewer and storm sewer within Bonner Plat and to serve the area between Bonner Plat and Bertelsen Road (1332) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. - ~~ 3/14/77 - 49 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 17926. C.B. 1411--Adopt plans and specifications for Bonner Plat was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17927. . C.B. 1412--Improve streets within Briarwood Subdivision, Briarwood 1st Addition and Briarwood 2nd Addition (1188) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws ~oved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously 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. All Council members present voting aye, except Bradley and Haws abstaining, the bill was declared passed and numbered 17928. C.B. 1413--Approving and adopting plans and specifications for Briarwood 1st Addition and Briarwood 2nd Addition was read by bill number, and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, except Bradley and Haws abstaining the bill was declared passed and numbered 17929. C.B. 1414--Construct a sanitary sewer within Briarwood Subdivision, Briarwood 1st Addition, and Briarwood 2nd Addition to serve area 160 feet south and west of Briarwood 2nd Addition (1188) was read by bill number and title only, there being no Council e member present requesting that it be read in full. ~'t~ 3/14/77 - SO e e Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously 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. All Council members present voting aye, except Bradley and Haws abstaining the bill was declared passed and numbered 17930. C.B. 1415--Adopting plans and specifications for Briarwood Subdivision, 1st Addition to Briarwood, and 2nd Addition to Briarwood was read by bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously 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. All Council members present voting aye, except Bradley and Haws abstaining the bill was declared passed and numbered 17931. C.B. 1416--Improve streets within Universal Industrial Park 2nd Addition and 5th Avenue from east boundary of Universal Industrial Park 2nd Addition to 450 feet east (1350) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council. and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17932. C.I3o 1417--Approving and adopting plans and specifications for Universal Industrial Park 2nd Addition was read by bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. ~'f7 3/14/77 - 51 J 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 4It 17933. C.B. 1418--Construct sanitary sewer and storm sewer within Universal Industrial Park 2nd Addition and sanitary sewer to serve the areas within 160 feet of the subdivision boundaries (1350) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17934. C.B. 1419--Improve streets within Braemore Subdivision and McLean Boulevard adjacent to north boundary of the subdivision (1234) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by counci 1 'bi 11 number only. 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 17935'. e C.B. 1420--Approving and adopting plans and specifications for Braemore Subdivision was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17936. . ~'t8 3/14/77 - S2 - C.B. 1421--Construct sanitary sewer and storm sewer within Braemore Subdivision and sanitary sewer within 160 feet of east boundary of subdivision (1234) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17937. - C.B. 1422--Adopting plans and specifications for Braemore Subdivision was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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. All Council members present voting aye, the bill was declared passed and numbered 17938. C.B. 1423--Calling public hearing April 25, 1977 re: public utility easement Ellison & Platz, located between Happy Lane and Russet Drive (EV 76-6) was read by bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried 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 dllll ~)IVI~1l flllill P(I<;<;II~W. Hol1call votf'. All Council members present voting aye, the hill was declared pa~~~d and numbered 17 939. e C.B. 1424--Calling public hearing April 25, 1977 re: public utility easement EWEB, located between Harlow Road and Roan Drive (EV 76-8) was read by bill number and title only, there being no Council member present requestin9 that it be read in full. ~lf9 3/14/77 - 53 Mr. Haws moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously 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. All Council members present voting aye, the bill was declared passed and numbered 17940. e IV-A-7 V. Resolutions Res. No. 2640--Designating certain streets in Bethe1-Danebo area for no through traffic conti gent upon completion of improve- ment of 11th Avenue 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. 2641--Concerning submission of written material to Council for consideration 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. 2642--Authorizing payment of bills, claims, and progress payments February 28, 1977 through March 14, 1977 was read by number and title. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Upon motion duly mad~ seconded and and carried, the meeting was adjourned to March 28, 1977 at 7:30 p.m. ch~214.-r City Man.1~f'r CTH:DT:mgl/CM7blO - ~50 3/14/77 - 54