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HomeMy WebLinkAbout06/13/1977 Meeting . . M I NUT E S EUGENE CITY COUNCIL June 13, 1977 , The regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor bus Keller, at 7:3U p.m. on June 13, 1~77 in the Council Chambers with the following Council members present: Eric Haws, Tom Williams, Ray ~radley, D. W. Hamel, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. 1. Public Hearings I-A-l A. Change of two-way alley to one-way, north-south alley, bounded by Hilyard, IHth , 1Yth, and Patterson--Manager noted the change had been recommended by the Planning Commission at its April 11, 1~77, meeting with a unanimous ti:u vote. Don Allen, Director of Public Works, said the change had been petitioned by the Emerald Baptist Church. Public Works Department had conducted a poll of the owners and residents in the area, noting that of the five owners polled, three approved and one disapproved. Of the residents polled, two were in favor and no response was heard from three. Staff recommended the change, noting there was a safety problem which could be eliminated or reduced by e changing the alley. PUblic hearing was held with no testimony presented. Resolution No. ~b76--Changing of two-way alley to one-way, north-south alley, bounded by Hilyard, Idth, l~th, and Patterson was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Roll call vote. Motion carried unanimously. I-A-2 B. Fairway Loop Conversion from two-way to one-way street--Manager noted the change had been recommended by the Planning Commission May 9, 1~77, with a unanimous vote ti:U vote. Irv Berman, Public Works Department, reported a number of tests had been conducted in the area. He said the change was requested to reduce the volume of traffic from non-local users. He described two studies done by the Department of Public Works. One study prohibited northbound traffic north of Southwood Lane. That study resulted in many complaints to the Department. The second test prohibited southbound traffic from north of the Elmwood Apartments driveway to Eastwood Lane. Uuring that test, traffic was reduced 36 percent. The Uepartment of PUblic Works recommended traffic be di- verted permanently, as it was during test No.2. Mr. Berman explained that Fairway Loop was made one-way for a little less than one block. Making this change will improve the level of acceptability. e PUblic hearing was held with no testimony presented. 6/13/77 - 1 l.flO .. " :- Resolution No. 2677--Converting Fairway Loop from two-way to one-way . northbound between Southwood Lane and Eastwood Loop was read by number .> and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Roll call vote. Motion carried unanimously. I-A-3 C. Alley vacation located north-south and east-west alleys in the block bounded by Charnel ton Street on the west and 5th Avenue on the south (Lane County) (AV 76-7)--Manager noted this change had been recommended Commission March 2~, 1977, with a unanimous vote. Jim. Saul, Planning Department, explained the alley vacation was being requested in oreer that construction of Lane County Adult Correction Center may be accommo- dated in this area. The vacation had been reviewed by referralagen9ie$ who had found that utilities located in the alley have since.been,re'" . located and there was no need of the alley for access. For tbesereasol$ Planning Commission recommended approval of the request. Public hearing was opened.' William Johnston, Facilities Planning Construction Officer for l.aoe County, sai d he was present to answer Gouncil questions. Public hearing was closed, there being no further testimony presented. ,-\0:,- Counci 1 Bi 11 14~4--Vacati ng north-south and east-west alleys 1 oca~ed'i n;. the block bounded by Charnelton Street 'on the west .and 5th Avenuepn the south was read by council hill number and title only ,there b~ing no Counci 1 member present request; og that it be read t.n,full. :. Mr. Haws moved seconded by Mr. Hamel that the bill neread the second time by council oi 11 number only, wi th unanimous CPR&e;I'(t of the Council, and that enactment be considered at thistimee'.' Motion carried unanimously and the bill was read the second ti;JRe by counci 1 bi 11 number only. ' Mr. Haws moved seconded by Mr. Hamel that the bill be approved and gi ve,n fi na 1 passage. Roll call vote. A 11 Councilinembers present voting aye, the bill was declared passed and nUmbered 17 995. I-A-4 u. Easement vacation located east of Norken~ie Road and the tennings: of ~, Curtis Avenue north of Brewer A~enue (SaVage)U:V77-3)--Manage'''>tl~ted., the recommendation had corne from the Planning Commission Mar~112tj, . 1977, meeti ng wi th a unanimous vote. Jim Saul, Pl anr:l'i ng Departfl,leJt"t, said the vacation request concerned a publicutil i ty ei;\~ement,but the easement was not needed because all pub lie utili ti es had been, i~st~l:-: led aild were covered by pub lie easements on a different, portion of the ..; property. He sai d the Savages had asked for the vacation seo that they may make an addition to their horn: which would cover the pr:e,~~nt",<.~ easement. Staff reconvnendetl the vacatlon be approved._/t: -' Public hearing WaS held with no testtmony presented. 6/13/77 - 2 '+1.l , . Council Bill 14~5--Vacating easement located east of Norkenzie Road and the terminus of curtis Avenue north of Brewer Avenue was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved seconded by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, ana that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved seconded by Mr. Hamel that the bill be approved and given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 17~~b. I-A-S E. Rezonings l. Located the west side of Oak Street, between East l6th and Z7th avenues (~elisle) (Z 77-1) from R-1 to RG. Manager noted the zone change had been recommended by a 4:U vote by the Planning Commission at its April ll, 1<J77, meetng. He said the request was a change of zone from R-l Single-Family Residential to RG barden Apartment Residential district. Jim Saul, Planning Uepartment, said the property represents 6,7UO square feet and was presently occu- - pied by a single-family residence. The intent of the rezoning is to convert the single-family residence to a fourplex. He revi ewed for Council the surrounding property zonings and buildings. He said the Planning Commission had determined the request was consistent with the General Plan for a medium-density use in the area, and referred Council to staff notes and minutes from Planning Commission meeting. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of April ll, 1~77, were received as part of the record. Public hearing was opened. Erwin Belisle, l64U Oak, owner of the property distributed a picture to Council, indicating some idea of what the structure would look like. He said the improvement would not only coincide with other buildings in the area, but would improve the existing structure. He felt the residential area was deteriorating and would prObably go from residential to very poor residential. He said on the south and east there were already a number of apartments zoned Rb. He felt his re- quest met the l~~u beneral plan criteria and also a public need, citing the growing area ana need for more apartments. He felt since his request lIIet all the criteria it should be considered and approved by Council. He did not intend to make anything out of the ordinary by restructuring the existing structure. He had a list of property owners who were in Javor of the improvement. He asked Council if e they found any abnormalities in his request if they would please point them out. He noted there had been some changes in the area which had not gone through the proper procedures, as he was attempting to do. b/13/77 - 3 '+2.'l. I ~ - , Andrew W. Nebergall, 1d4 East 26th, said he represented two imme- . diate neighbors and the Friendly Neighborhood Group, all of whom ~ found the rezoning request objectionable. He said they disagreed with the owner1s statement that the neighborhood was deteriorating; and failed to see how the neighborhood could be improved by putting a four-family unit where a one-family unit now exists. He also noted the group felt the City should honor the deed restrictions in the Plummers Addition. He said these conclusions were reached at the group.s meeting of May 24, 1977. Public hearing was closed, there being no further testimony " presented. Mr. Belisle commented that in the area the proponents were discU$:sing there existed many zonings in violation of the deed Jestri ctitlfl$ ,per se in Plummers Addition. He felt his request was reasonable, ,an4that others had done the same thi og, but not in the ri ghtway,;,' , - "'1 Mr. Lieuallen asked Mr. Saul what the general future of :the araafllight be, noting there was a fair amount of R-l zonin9 to the northaQ:<( : east, and whether it seemed that RG zoning woul d be extended. '. Mr,. Saul replied the Planning Commission hc}d discussed t~QU~stiOjlut great length as reflected in the minutes. The area z;onedR....l h<tct~been . deve lopedni ce 1 y and the Plallnfog COmlni ssi on was concerned abouf'fItain- tai oi ng that area. Howev.er, the 1'1 anni ng COlIITJi ssi on was J ooki;t1g'iata diff. erent perspe.ctive With.' r...esipect 1..0 thiS..' pa. rticular. zo.n. i.ng r.eq.....u. e.. st, ..... with its proximity to various commercial uses, particularly to t~. south of 'the property. The Planning Commission was emptlaslzing the . importance of trying to maintain the. central area while lQoking ilt tranisition zoning on both ends. Mr. Hamel asked if the 6,7UU square foot lot would provide sufficlent parking and livability.Mr,. saul r~plied if the property were re;Z~d RG, it woul~ depend on what Mr. Belisle proposed regarding the rlb/mbar of units developed. In anRG :districtthe density i"s based on room- content figures. It might have less than four units. In any event, . he continued, an RG zoning has certain defined standards. Mr. Lieual1en then asked if Mr. Belisle could tear the house down and build some other structure. Mr. Saul replied yes, there was no Obligation to retain the structure. Mr. Bradley asked what other zoning designation could carry out the plan for medium density. Mr. Sau} replied R.2 zoning. ~lr Bradley asked how many units that would permit. "Mr. Saul replied, two. Council Bill 14d6--Rezoning from R-1 to RG area located west,sid,e of Oak Street, between East Loth ao,d27th avenues was read by couocil bill number and title only, there being no Council member present requesting it be read in full. Mr. Lieuallen noted that site review procedures had been discusseGi by by the Pl anni ng Commissi on but noacti on was taken. He asked i f 'S:~te review procedures could ert$tJre that Mr. Belisle would construct th~ .. structure as presented to.PlanningConvnissioo.Mr. Saul replied that ',. site review procedures could not.be used directly for that purpose, 6/13/77 - 4 Lf13 , e for though they are specifically listed in the Code, they are not limitea to particular types of uses or normal options open to a developer. Mr. Lieuallen then asked how many units could be built by Mr. Belisle, to which Mr. Saul replied four. Mr. Ooie said he felt uncomfortable about the rezoning regaraing the adjacent property, i.e., residential area. He would not like to be a participant in a move that might be destructive to the residential area. Mr. Obie moved, seconded by Mr. Bradley, to postpone the action on the rezoni ng until City Council had an opportunity to tour and view the site and make a decision on that basis. Mr. Bradley noted the Planning Commission had in the past studied the South Willamette area and thought it woula be prudent to tour the area and ask for additional information from the Planning Commission as to what had been studied in the past and any future projections for the area, especially regarding the traffic patterns. Mayor Keller replied he was not sure it was fair to ask Planning Commission staff to make recommendations about aecisions which should be made by the City Council. Mr. Bradley replied he was requesting advice from the Planning Commission to City Council. Vote was taken on the amendment to the motion which failed with e Williams, Smith, Hamel, and Delay voting no; Ubie, Haws, Bradley, and Lieuallen voting aye; and Mayor Keller voting no to break the tie. Mr. Braaley then moved to amend the motion to read lithe subject prop- erty be rezoned to R-2. II Mr. Bradley explained the reason for his amendment. It would be consistent with the plan of medium density for the area. It would still leave the applicant additional time to ask for rezoning to Rb, yet he would still be getting an economic return. It wou 1 d a 11 ow slower evolution of the area and give City Council time for review and tour. Amendment to the motion died for lack of second. Vote was taken on the main motion which passed with Council members Obie, Williams, Haws, Hamel, Smith, and Delay voting aye; Bradley and Lieuallen voting no. Lacking unanimous consent, the bill will be held for second reading June 27, 1Y77. I-A-6 2. Located east of Augusta Street and west of Laurel Hill Drive (Eugene planning Commission) (Z 77-1~) from County AbT and RA to C ity RA Manager noted this change had been recommended by Planning Commission e May 3, 1~77, with a 4:1 vote. Jim Saul, Planning Department, noted the property consisted of approximately ~o.tl acres. He said the abutting property included vacant property in the county to the east and south, the Laurel Hill elementary school to the northwest, ana the 6/13/77 - ~ 4-2.4 . F remaining land in the city to the north and west developed in scat- . tered residential uses. Planning Commission had recommended RA zoning be applied to the property as it would be similar to other zoning in the area. No ex parte contacts or conflicts of interest were declared by Council memoers. Planning Commission staff notes and minutes of May 3, 1~77, were received as part of the record. Public hearing was held with no testimony presented. Council Bill 14~7--Rezoning from County AGT and RA to City RA area located east of Augusta Street and west of Laurel Hill Drive was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved seconded by filr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and mi nutes of May 3, 1977, be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Ro 11 ca 11 vote. All council members e: present voting aye, the bill was declared passed and numbered 17lj97. - I-A-7 3. Located north of Holly Avenue and east of Norkenzi e Road (Eugene Planning Commission) (Z 77...20) from Countr AGT and RAta City>R-l Manager noted the change had been recommended by Planning Commission with a 4:1 vote at its May 3, 1977, meeting. Jim Saul, Planning Department, said the area consisted of approximately 2~ acres a~d was vacant except for several single-family residences located on the extreme southern portion of the site. The surroundi ng property located in the city was developed in low-density residential use and zoned RA as were the two county islands in the vicinity of Balboa and Tulip streets. The area north of the request in the county was zoned AGT and RA and was for the most part vacant. The subject site was annexed to the City in 1976. No ex parte contacts or conflicts of interest were declared by Council members. Pl anni n9 Commi s's ion staff notes and mi nutes of May 3, 1lj77, wererecei ved as part of the record. Public hearing was held with no testimony presented. ,Council Bill 14tltl--Rezoning from County AGT and RA to City R-1 area located north .of Holly Avenue and. east of Norkenzie Road .was read by council bill number and title only, there being no Council member present requesting that it be read in full. ,_ Mr. Haws moved seconded by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and Y15 6/13./77 - 6 :. . minutes of May J, 1Y77, be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council; and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council Dill number only. Mr. Haws moved seconded by Mr. Hamel that the bill be approved and given final passage. Roll call vote. All council members present voting aye, the bill was declared passed and numbered 17YYti. I-B-I 4. Located on the northwest corner of 12th Avenue and Garfield Street (Short) (z 77-1~) from R-1 to RP-SR t<lanager said the Planning Convnission had recommended rezoning by 4:1 vote at its May 9, 1Y77, meeting. Jim Saul, Planning Department, said the property consisted of L7,uUU square feet, and there were two structures presently on the property. He said property in the area zoned R-1 was developed with single-family or duplex structures. The development to the north was recently completed by the Oregon Mutual Savings Bank and the east side was zoned C-2 with Bobls Hamburger Restaurant. The Planning Commission had considered this request at two meetings prior to giving its approval. Factors par- ticularly pertinent to the request were the following: 1 ) The Planning Commission has generally attempted to provide a transition strip along West 11th with both RP and RG zoning; e 2) The request for rezoning would represent a definite means of resolving the problem and providing such a transition from C-~ on West 11th with the R-1 area to the south; 3) It would provide a definite means of attempting to resolve the problems existing on this particular piece of property; and 4) Other findings and staff notes were referred to. Mr. Lieuallen asked if Council could expect other requests for RG and RP zoning to the east and west along the C-2 and R-1 property. Mr. Saul replied that should not be a possibility to be totally dismissed, but that he was not aware of any such requests at the present time. In calling for ex parte contacts or conflicts of interest, Councilman Ubie declared he would abstain from discussion and voting on this issue. Planning Commission staff notes and minutes of May Y, lY77, were received as part of the record. Puolic hearing was opened. Jerry Mohler, tib41U Pine brove Road, identified himself as the appli- cant's representative. He was available to answer questions by Council and thanked staff and Planning Commission for its work and favorable recommendation. e public hearing was closed, there being no further testimony presented. Council Bill 14tiY--Rezoning from R-1 to RP-SR area located on the northwest corner of 1lth Avenue and Garfield Street was read by y. 'l.b 0/13/77 - 7 ] r council bill number and title only, there being no Council member . present requesting that it be read in full. Mr. Haws moved seconded by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and mi nutes of May ~, If:J77, be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Vote was taken on the motion with Councilors Williams, Delay, Haws, Hamel, Lieuallen, and Smith voting aye; drad1ey voting no; and Obie abstaining. Lacking unanimous consent, the council bill will be held for second readi ng June 17, If:J77. 1-B-2 F. Rezonings and annexations 1. Located between Berte1 sen Road and Four Oaks Grange Roa(1 sout'h of West 1tith Avenue (Stults) (A/Z 77-1) (Rouch) (AIZ 77-2) from County RA to C i ty R-1. Manager noted the rezoning and annexation had been recommended by Planning Commission at its May 9, 1~77, meeting. Ji m Saul, Pl anni ng Department, said there were two separate annexations being petitioned by Mr. Stults and Mr. Rouch involving Tax Lots 1400 and ltiOU. He sa i d the 1-'1 anni ng Commi ss i on and Ci ty Council had cons i dered several annexations in the area in the last few years. The Planning COlOO1is- sion had determined this property was within the projected Urban Services Boundary, that the full range of services could be provided, . and it was consistent with the General Plan for annexation. One cri- terion for annexation is a consideration of whether it would result in a logical city boundary. It would be more desirable if Tax Lots 15UU, 17UU, and 19UU were included, but the occupants of those parcels did not wish to be annexed at this time.. 1't1r. Saul continued, in 1975, the Planning Commission had considered annexation for Mr. Rouch but opposition from several neighbors re- sulted in the request being withdrawn prior to consideration by City Council. The Planning Commission felt the annexation 'would meet all other criteria and recommended approval. It would be for low-density single-family housing and would meet the General Plan criteria for the area. Public hearing was opened. Eugene Rouch, 211U Four Oaks Grange Road, identified himself as one of the app 1 i cants. He sai din his pri or app 1 i cati on there had been objec- tions from surrounding property owners but that at this time there were none. His reasons for seeking annexation were because of minor septic tank prOblems and a desire for city police protection. Public hearing was closed, there being no further testimony presented. Resolution 267ti--Forwarding to Boundary Commission recolOO1endation for . annexation area located between Bertelsen Road and Four Oaks Grange Road south of West ltith Avenue was read by number and title. 6/13 /77 - t1 Lfll e Mr. Haws moved seconded by tvlr. Hamel to adopt the resolution Roll call vote. Motion carried unanimously. Council Bill 14~U--Rezoning from County RA to City R-1 area located between Bertelsen Road and Four Oaks ~range Road south of West Itlth Avenue was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved seconded by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of May 9, 1~77, be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved seconded by Mr. Hamel that the bill be approved and given final passage. Roll call vote. All council members present voting aye, the bill was declared passed and numbered 17999. 1-8-4 l. Located south of OxbOw Way east of Sunshine Acres Urive (Adams) (A/Z 77-3) from County A~T to City R-1 Manager noted the request had been had been unanimously recommended by Planning Commission at its May 9, 1977, meeting. Ji m Saul, Pl an- e ning Department, said the property consisted of U.ti acres with all adjacent property already SUbdivided ana developed into single-family residences. Planning Commission had determined this property was within the projected Urban Services Boundary, that the full range of services could be provided, and it represented a logical extension of the city bounaaries. The low density was consistent with the ~enera1 Plan. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission staff notes and minutes of May ~, 1977, were received as part of the record. PUblic hearing was held with no testimony presented. Resolution No.2679--Forwarding to Boundary Commission recommendation for area located south of Oxbow way east of Sunshine Acres Drive was read by number and title. Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Roll call vote. Motion carried unanimously. 1-8-5 Council Bill 1491--Rezoning from County A~T to City R-1 area located south of OXDOW Way east of Sunshine Acres Drive was read by council bill number and title only, there being no Council member present requesting that it be read in full. e Mr. Haws moved seconded by Mr. Hamel that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of May 9, 1977, be adopted by reference thereto; that 428 6/13/77 - ~ , r the bill be read the second time by council bill number only, e with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Haws moved seconded by Mr. Hamel that the bill be approved and given final passage. Roll call vote. All council members present voti ng aye, the bill was decl ared passed and numbered ltiUUU. - 1-8-6 F. County Service District for Sewage Treatment Facilities Financing Manager said the resolution would form a district which wouldencom- pass Eugene and Springfield for the purpose of raising money to finance a plant for the proposed sewer district. Once the reso- lution had been passed by Council, it would be forwarded to the Wastewater Management COl11llission and the Lane County Commissioners. Don Allen, Public Works Department, said there had been unanimous agreement that this was the first step in the method needed to fi- nance the development of a district for sewage treatment facilities, and that there would be at least two more pUblic hearings on the matter. He said he was available for questions from Council. Public hearing was held with no testimony presented. Resolution No.26HO--Establishing County Service Uistrict for sewage treatment facilities financing was read by number and title. e Mr. Haws moved seconded by Mr. Hamel to adopt the resolution. Ms. Smith noted her support of the resolution, saying it was repre- sentative of an agreement between Eugene and Springfield this was the procedure to follow and she hoped Council would support it. Vote was taken on the motion which carried unanimously. G. Ordinance changing Committee-of-Whole meetings to Council meeting status and changing various Board and Commission procedures - Manager revi ewed for Council the previ ous, di scussi ons at Committee- of-the-Whole regarding the ordinance, noting the major changes would be to make Committee-of-the-Whole meetings Council meetings and could change the appointment process for the Human Rights Commissions and and Council. The changes would facilitate City Council expedition of business and provide for public input. Public hearings would continue to be held on Monday nights as they had oeen traditionally in the past, and adequate public notice would be provided as early as the Wednesday prior to the Monday evening meeting. Public hearing was opened. A letter from ~aurine Good, 2tl7~ 1/2 Friendly Street, was entered into the record as opposing the change. David Tobin, lUbb West Itlth Avenue, said he was against the change unless he could have - assurance that the public would not have to come to each Wednesday -,,- meeting. His jOb did not allow him time off to attend Wednesday 6/13/77 - lU , "t19 \ , . noon meetings and he would appreciate the opportunity for pUblic to have input. He requested assurance that controversial and large items for discussion would continue to be held at Monday night meetings and felt if he had that assurance the change would be auequate. However, he reiterated he would like to see the pub- lic input as available as possible. David Filer, 2Jb East 3rd Avenue, indicated a concern regarding the rights of citizens to participate in City Council actions. He was uncomfortable with the change of having two Councilors re- questing a rescheduled item for discussion, noting he felt more comfortable with the present procedure whereby one City Council member could request an item to be discussed. He asked Council to consiuer the right of citizens to participate. Public hearing was closed, there being no further testimony presented. Mayor Keller assured the citizens who testified that their concerns had been discussed at great length. It was the intention of Council to try a new process and the Monday night pUblic,hearings would still De held. He noted many minor items could be handled on Wednesday. The basic protection of the rights and primary interests as shared by those who testified were also concerns of Council. e 1-8-7 Council Bill 14~2--Concerning City Council; appointment procedures for Human Rights Commission and Youth Commission; correcting defini- tions of Council and Minor; amending Sections I.UIU, 2.UIU, 2.UI5, 2.2bU, 2.2~U, and 2.2~5 of Eugene Code 1~71; adding Sections 2.uu7 to 2.U17 to Eugene Code 1971; and declaring an emergency was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved seconded by Mr. Hamel that 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. Mr. ~radley moved seconded oy Mr. Delay to amend the motion to provide that one Councilor may request an item to be held over for discussion at an evening meeting. Mr. Bradley saw the bill in its present form with his amendment as a compromise position. He asked Council to compromise and accept his amendment as he felt it would be in the best interest of the city and Council. Mr. Lieuallen said he felt it was a good idea to have one Council member able to segregate out an item as had been done in the past. Mr. Delay agreed with the comments made by the mayor, noting Council did not want to try to shut out public debate. However, he saw no reason but fear of abuse. He felt that would be an error, e favored a more conservative stand, holding more to past tradition. Vote was taken on the amendment to the motion which failea with Councilors Ubie, Williams, Hamel, and Smith voting no; Uelay, 0/13/77 - 11 4-30 , , lieua11en, Bradley, and Haws voting aye, and Mayor Keller voting '. no to break the tie. Mr. lieua11en noted he would support the ordinance but would like to assure the public that controversial items wou1~ be scheduled for Monday night meetings so they would be able to attend. It seemed unl i kely a Council member wou1 d have diffi culty getti ng a second member for a request to hold over any item for discussion. Ms. Smith noted it was the intent to be sensitive to the needs of the public and to encourage citizen participation. Mr. Hamel agreed and reiterited that Wednesday meetings would be used for minor items with no controversy and major items for public testimony would be held for Monday night meetings. Vote was taken on the motion which 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 passag~. Roll call vote. All Council members present voting aye, except Mr. Haws and Mr. Bradley voting no, the bill was declared passed and numbered 1tlOO1. H. Oregon Electric Railway franchise renewal Manager noted this matter had been discussed at previous Committee- of-the-Who1e meetings. Staff had reviewed the franchise and found everything in order and ready for Council action. The expiration of - the current franchise is June 27, 1977. Puo1ic hearing was held with no testimony presented. 1-8-8 Council Bill 14~3--Granting to Oregon Electric Railway Company the franchise to maintain its railway tracks over certain streets in the Ci ty, and to operate trai ns and cars thereover, and to trans- port passengers, freight, mail, baggage, and express thereon, and to maintain present poles and wires over certain streets in the city was read by council bill number and title only, there being no Council member present requesting that it be read in full I~r. 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 Dy council Dill number only. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All council members present voting aye, the bill was declared passed and numbered 1dUUl. A short recess was taken. , e II-A-l 1. Supplemental Budget appropriations for Fiscal Year 1976-77 .~ Manager noted that under the budget law, the City was trying to 6/13./77 - 12 43J - - - , . . take care of the supplemental budget appropriations which required a public hearing. There were a number of adjustments made to reflect the happenings of,the budget during the year. The item had been pre- viously discussed at Committee-of-the-Who1e meetings and Loren Stubbert, Budget Officer, was available for explanations. ~ub1ic hearing was held with no testimony presented. Council Bill 1494--Adopting supplemental budget; making appropria- tions for City for Fiscal Year lY7b-77; and declaring an emergency was read by council bill number and title only, there being no Council member present requesting that it be read in full Mr. Haws moved seconded by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at tnis 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. Ro 11 ca 11 vote. All council members present voting aye, the bill was declared passed and numbered 1duu3. I1-B-2 J. Contract Awards - l. Public Works--for various improvement projects (opened June ~, 1Y77) -- Don Allen, Public Works Oepartment, distributed a bid for security fencing and signing at Mah10n Sweet Field, ABAp Project No. d-41-UU1d-U3, Job No. 1ln, opened Ivtay 7, lY77. Bidders were Oregon Fence Company, $tl,671.46; and San Jose Steel Company, $!U,547.UY. He said the awarding of this contract should be conditional subject to the City.s acceptance of a grant offer for Federal funds which would be considered under the resolution items at this evening's Council meeting. Staff recommended awarding the bid to Oregon Fence Company, the low bidder. Mr. Allen then reviewed six various improvement projects (see attach- ment) . Staff recommended awarding contracts to low bidders on each of the six, with the contract award on Item No.4, Job No. 1416, to be contingent upon renegotiating tne width of the street from Jb feet to 2tl feet. If those negotiations fail, all bids would be re- jected and opened for new oids. PUblic hearing was opened. Allan Pierce, lo1o Terrace View Drive, spoke in regard to Hid No. S, Job No. 12Y4. He said he owned a building fronting on the alleyway and expressed concern over a problem of water standing in the alley- way during the winter as there was no way for it to drain. The alley improvement would provide a storm sewer and allow the water to be drainea off. There was heavy traffic in the alley, not just local, e but people taking an alternative route to escape the railroad tracks on Blair. He noted a problem with dirt and mud in the winter and dust in summer. 6/13/77 - 13 432 - , , Sewa Singh Khalsa, tl3U East 37th, spoke as a representative of the . Golden Temple Natural Foods Bakery. He said the main problem oc- cured with dust in the summer from the alley traffic, and encouraged Council approval of the alley improvement to ensure maintaining the standard of their products. Public hearing was closed there being no further testimony presented. Mr. Haws moved, seconded by Mr. Hamel, to accept the low bid on the seven improvement projects, subject to the negotiations as noted above. Motion carried unanimously. II-B.:.3 2. HCC: Whi teaker Community Center constructi on (opened June 9, 1977) Tabulation attached. Bob Thomas, HCC, noted this project was for the construction of a community center in the Whiteaker neighborhood attached to the Whiteaker School. The project had been in the planning stage since last summer and there had been involvement with the Whiteaker neighborhood orga~i- zation for developing plans for construction. The operation would Come under the conditions of an agreement between the city and School Dis- trict 4-J. Staff recommended awarding the contract to the low bidder. Public hearing was held with no testimony being presented. Mr. Haws moved,.seconded by Mr. Hamel, to accept the low bid from - Powell Industrial Builders. Motion carried unanimously K. Administrative amendment of 1975-76 and 1976-77 CD Block Grant appli- cation and the Housing Assistance Plan BOb Thomas, HCC, noted the amendments reflected a number of individual actions already taken by HCDC throughout 1975-76 and 1976-77. These were merely housekeeping amendments and there were no new programs added or deleted. The contract allowed a number of revisions of program line items; when those reached 10 percent of the City allo- cation, Federal regulations required an amendment process. This was merely to confirm actions already taken by HCDC. Public hearing was held with no testimony being presented. Mr. Haws movea seconded by Mr. Hamel to accept and approve the amendments. Motion carried unanimously II. Ordinances held for second reading The following bills heard the first time May 23, 1977, and referred to Assessment Panel for hearing June 6, 1~77, were brought back for second II-A-5 reading with Panel recommendation to levy assessments as proposed: Council Bill 14tl1--Levying assessments for paving and sidewalk on Royal Avenue from Louis Lane to 1,UUU feet west of Candlelight Drive was read by council bill number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved seconded oy ~lr. Hamel that the bi 11 be approved - --- and given final passage. Ro 11 ca 11 vote. All Council members 6/13/77 - 14 ~33 , e present voting aye, the bill was declared passed and numbered 1~UU4. II-B-6 Council ~ill 14tl2--Levying assessments for paving, sanitary sewer and storm sewer within Edgewood Mountain II Subdivision was read by council bill number and title only, there being no Council member present request- ing it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered ltiUU5. II - B-7 Council Bill 14tl3--Levying assessments for sanitary sewer north side of Whitbeck Houlevard between Powell Street and Lorane Highway was read by council bill number and title only, there being no Council member present requestng it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and ~iven final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered ItlUUb. tit e '-t31f 6/13/77 - - 15 , IV. ITEMS ACTED UPON WITH ONE MOTION AFTER DISCUSSION OF INDIVIDUAL ITEMS AS REQUESTED. Previously discussed at Committee-of-Whole May 25 (Present: . Mayor Keller; Councilors Haws, Hamel, Williams, Delay, Bradley, Lieuallen, Obie, and Smith); June 1, 1977 (Present: Mayor Keller; Councilors Haws Hamel, Williams, Bradley, Delay, Lieuallen, and Smith); and June 8, 1977 (Present: Mayor Keller; Councilors Williams, Delay, Lieuallen, Smith, Obie, and Bradley). May 25, 1977 -- -- . 1. Items from Mayor and Council Com 5/25/77 A. Palace Hotel--Following today's tour of the Palace Hotel, Mr. File Obie reque;ted City Council members with any questions or in- formation they wished to have passed on to the JHC be relayed to him and he would do so. Comm 5/25/77 B. ~ommunity goals Committee--Mayor Keller announced Jack Delay File would be the City Council representative. Comm 5/25/77 C. !evenue Sharing Hearin~--Manager reported Mr. Delay, Rosalie File Lemert . and Manager had attended on May 24 a committee hear- ing on' state revenue sharing for cities. He said the issue was very much alive, the Governor had made a good presentation for it, that cities of all sizes were represented at the hear- ing. He noted the committee members had shown enthusiasm for - moving ahead with plans for revenue sharing. Mr. Bradley arrived. Comm 5/25/77 D. Eugene Renewal Agency--Manager noted letter from Joan Mazo Approve resigning from ERA as of July, 10, 1977. Her letter requested a leave of absence on the HCDC. Manager noted there were six applications on file of which all had indicated ERA as secon- dary choices, thus making it likely that staff should adver- tise for candidates for this position. Mayor Keller noted two more openings would occur July 10, 1977, and that perhaps ad- vertising for all three for interviews should be done at this time. Mr. Hamel moved seconded by Mr. Williams to advertise the three vacancies on the Eugene Renewal Agency to July 1. Mr. Obie asked for clarification of the membership on the Joint Housing Committee, saying as a result of the reorganization he understood there were to be only five members. Mr. Delay re- plied that in the reorganization of Hcnc there would be no ERA membership on the CDC. He noted that Ms. Mazo's background and experience as a member of the committee had been very helpful and he would be hopeful that Council would allow her to rejoin the committee in a'year. e Lf35' 6/13/77 -- 16 . e Vote was taken on the motion which carried unanimously. - Manager questioned the procedure of allowing a leave of absence on the CDC. Mr. Delay said Ms. Mazo's contributions to the committee had been very great and he was in favor of allowing five members to function during the year and allowing her to rejoin in one year. Mr. Williams moved seconded by Mr. Hamel to approve a leave of absence for Ms. Mazo for a one year period of time on the CDC. Mr. Bradley questioned whether this would be adding a member, thus making it six, when the original intent had been to reduce the committee membership to five. Mr. Delay replied Ms. Mazo would be serving at the pleasure of the Council: if she were to resign it would create a vacancy which will no longer exist after reorganization of the two committees. Mr. Bradley then questioned whether the Council had the power to appoint another member during her absence. Mr. Williams said he felt the intent was to drop the membership from six to five on the CDC, with the six memberships in a grandfather clause, not the positions in a grandfather clause, and the intent of this motion would amount to making the positions six permanent ones. Mr. Delay felt the CDC should be able to keep people who have a good background e and have made contributions to the committee. Vote was taken on the motion which carried unanimously. Corrun 5/25/77 E. Minori~y_Commissio!!.--Manager noted a letter of resignation had Affirm been received from Glenette Olvera, and anticipated resignation was coming from Whitty Bass. He said staff was recruiting for these positions to July I, 1977. Comm 5/25/77 F. C~uncil WorkshoE--It was determined Friday, June 10, would be File the date for the workshop, with staff to acquire a meeting place and inform Council. Corrun 5/25/77 G. Legislative SUEcommittee--Announcement was made of the next File meeting, Thursday, May 26, 3:30 p.m., in the McNutt Room. Corrun 5/25/77 H. ~~om Tax Subcommittee--Manager reported a public hearing would File be held June I, Wednesday, 7:30p.m., in the Council Chambers; with the next subcommittee Thursday, June 2, 2 p.m. in the Mayor's office. Com 5/25/77 II. Improvement Pe!i~j~ Approve A. Storm sewer to serve Annimidaz Subdivision; assessable property totally within subdivision; city costs, if any, estimated at e $3,120 for storm sewer. Lf3b 6/13/77 -- 17 I t B. Paving 17th Avenue from 350 feet east of Quaker Street to ~ 600 feet east of Quaker Street; assessable property 62.8 percent of total front footage; no city costs. Mr. Haws moved seconded by Mr. Hamel to accept and approve petitions. Motion carried unanimously. Com 5/25/77 III. Withdrawal of annexed ~r~~s from Oakway Water District: Cone/ Pub Hrg ~reeden, Be,l!.line and Crescent; Smith and Gilham Road--Resolu- tions distributed to Council. Mr. Bradley questioned what the effect of action would be if after public hearing the City Council decided to not allow the withdrawal? Stan Long, City Attorney's office replied the residents of the area would then be subject both to taxes on bond obligations in that district and to the city. He said it was a complicated matter, and he was not sure but that the city residents could force the City to allow the withdrawal. Mr. Bradley then questioned on the Cone/Breeden whether this was the appropriate time to approve the withdrawal. Manager replied the City was following well established policy procedures of the Council, noting that the withdrawal from such water districts normally went through as quickly as possible. Mr. Bradley then asked if it made any difference that this property was undeveloped as to the tim- ing of the withdrawal from the water district. Assistant Manager replied that normally the withdrawal and annexations occurred at the same time. He said that by allowing the with- ~. drawal it would avoid a liability to the property owners for .., paying on new bonds and being taxed by the City. Mr. Haws moved, seconded by Mr. Hamel to schedule public hearing June 27, 1977, for withdrawal of annexed areas from Oakway Water District. Motion carried unanimously. Com 5/25/77 IV. Airline leases with United Airlines and Huzhes Airwest--Memo Approve distributed to Council. Manager noted that-it was with great pleasure the announcement could be made regarding the completion of negotiations of new operating agreements with both United Airlines and Hughes Airwest for the use of facilities at Mahlon Sweet Field. These new operating agreements have been ratified by both air carriers and cover the period from March 1, 1976 through June 30, 1985. He said the negotiations had been going on for a considerable period of time, many participants had been involved, and he was pleased to announce that the airli~es had consented to sign the term leases three years earlier than had been necessary. Bob Shelby, Airport Manager, reported that in 1973 the City Council had authorized the Airport to start collecting a $2 boarding fee which in part would be used to finance capital improvements. He said, however, such capital improvements .' .. funded by such fees had been disallowed by Congress. Discus- . sions began with air carriers as to improvement assistance 1.\31 6/13/77 -- 18 --- . for Eugene which eventually resulted in the negotiated contracts and leases being approved. He said several features distinguished these new contracts from previous agreements, including a built-in formula for setting rates and charges based upon the costs of pro- viding airfield services; recognition of current inflationary trends by implementing new rates three years earlier than previously agreed; and for the first time recognition that the airport needs several substantial airline-capital improvement projects. He noted these projects include upgrading the runways, taxiways, and terminal parking apron, as well as improving the airport's sewer system, acquiring the remainder of the land in the clear zones, and completion of the perimeter fencing project. The new agreements provide additional rate adjustments to permit debt ser- vice for these new projects to be paid from operating revenues in- stead of from the general fund as has been the practice at most small--hub airports. The benefits of the new contracts to the community and the carriers serving it are substantial. The improved runway/ taxi system will permit introduction of Boeing 7 7 service by 1979 or 1980. Accomo- dating the larger aircraft will assure more seats available through Eugene on any given date. Mr. Shelby said the new structure of rates and charges will also enable the city to take advantage of 90-percent funding from the FAA's Airport Development Aid Program, e thereby lessening net costs to the city and assuring reasonable fees to the carriers. He said the new lease agreements mark a major milestone in the airport's future and constitutes the turning point in its ability to assure that Mahlon Sweet Field truly keeps pace with the community's transportation needs. He acknowledged appreciation for assistance and guidance from the Airport Commission, the Finance Department, the City Attorney's office, the work of the City's consultant H. A. Parry Associates, and the cooperation of the facility's directors for Hughes Airwest and United Airlines. Mr. Shelby then introduced the following persons: Dr. Glenn Gordon, Chairman of the Airport Commission; Mr. Sam Sherer, United Airlines; Mr. John Sedell, United Airlines~ and Mr. Juan Sparhawk from Hughes Airwest. Mr. Sherer thanked the Council for inviting the group to partici- pate in the happy occasion, noting he felt the signing of the agreements for the new lease demonstrated faith on the part of the air carriers in their desire to see better service for the city of Eugene. Mr. Sparhawk expressed appreciation for being able to renegotiate the lease, saying that Eugene had been very good to Hughes Airwest. Dr. Gordon expressed appreciation for the finali- zation of the leases, saying the Commission members had been very active in bringing pressure to bear in getting the leases to this final point. He expressed appreciation to Mr. Shelby for his work e Lf3g 6/13/77 -- 19 and assistance in directing negotiations and to Mr. Long in the Attorney's office for their assistance. . Mayor Keller expressed appreciation to the Airport Commission and the members of the various airlines, noting the hard work that had gone into the negotiation of the new leases. He said he was very encouraged for the exciting period in the progress for the airline service for the city of Eugene. Mr. Haws r.oved, seconded b:' M::-. Hamel, to authori ze City Manager to execute the new airline lease. Motion carried unanimously. Comm 5/25/77 V. Budget transfer of funds and adopting supplemental appropria- Approve and tions for 1976-77--Resolutions and ordinance distributed to Pub Hrg Council. Loren Stubbert, Budget Officer, explained in detail the two resolutions and ordinances affecting these transfers of funds. He said the transfer would not increase the overall budget, but merely transfers funds from one account to another as state law requires the transfer to cover expenditures of items. In describing in detail the resolution authorizing transfers of funds, he explained the transfers for the General Fund, Revenue Sharing Fund, CETA Grant Fund, Community Develop- ment Block Grant Fund, Parks and Recreation Capital Projects Fund, and Equipment Intragovernmental Service Fund. He noted one change in this particular resolution would in- clude General Fund additional transfer of $6,744 from Personnel - Services to Material and Services for an Affirmative Action Personnel Contract. Manager explained an agreement could be entered into with HUD for a temporary staff person to fill the Human Rights Specialist in the minority area. Assistant Manager said the federal government will cover more than half the salary of the staff person and it was felt that the City would gain good experience from hiring such a person, and it seemed the fastest approach for dealing with the vacancy that exists. Mr. Obie expressed concern whether the Council was being asked to pass on issues that had not come before the City Council. Assistant Manager explained that these were merely clean-up items that come with tightening up the budget process. He said it was a process of making sure the money is where it belongs so when expenditures are made they are done so according to state law. Two items that were discussed and which would have been line items in the budget rather than Council decisions were an upgrading of the graphics terminal in the Planning Department and a word processing unit in the Library. The latter is being purchased instead of continuing to lease it. The reference to the Maintenance Shop option was to provide the 5'0,000 for the option. Mr. Stubbert explained in detail the ordinance for adopting . the supplemental budget which does increase appropriations to various funds. The law provides for such supplemental budgeting but prohibits any increase in tax levies. He then 459. '~ itemized for Council the various supplemental budget appropria tions which included the following: Community Safety Program, Community Development and Improvement Program, Community Environ- mental Quality Control Program, Community Leisure Program, General Administration and Support Services program. The total amount affected was $610,264. Mr. Stubbert explained the resolution which would amend Resolution No. 2255, adopted in 1976 for the Word Processing Center which would authorize transferable appropriations of $41,900 for the Center. Mr. Haws moved seconded by Mr. Hamel to schedule a public hearing June 13, 1977, for the adoption of the supplemental budget, and to adopt the two resolutions. Motion carried unanimously. Com 5/25/77'VI. Conveyance of property at Almaden and Broadway--Memos and map dis- Approve tributed to Council. Manager indicated this conveyance of property would be to Mr. R. J. Houben upon negotiated payment. The negotia- tions have been going on for several years. Mr. Haws moved seconded by Mr. Hamel to authorize conveyance of the property upon negotiated payment. ~ Mr. Lieuallen asked for clarification of this 1ssue. Don Allen, ,., Director of Public Works, explained the property on West Broadway was one parcel of land acquired in 1947 for future street right-of- way. He said subsequent land areas were acquired by the street right of -way and construction of the street occurred in 1966. The properties adjacent to the street were initially encumbered with a deferred paving assessment until such time as they took access onto the street which was created. Initially Mr. Houben owned only the most easterly parcel in the area and several years ago acquired the adjoining parcel on the west. The surplus land and access rights to West Broadway have been under negotiation since 1966. The settlement in this issue would be the cost of paving assess- ments only. Mr. Houben did not have access to the street, but 1n return for settling for paving assessment costs only, the City would be recouping their costs. Vote was taken on the motion which carried unanimously. Com 5/25/77 VI. Energy conservation report--Memo distributed to Council. Greg Affirm Page reviewed the results of energy conservation measures which had been initiated for the city in March. He noted the City had consumed 19 percent less energy in April, 1977 than for the same month last year. He said within City Hall the percentage of electrical consumption was down 30 percent. The energy conserva- tion was saving money as well as energy. Mr. Lieuallen commented ~ on the reduction and asked for cost savings. Mr. Page replied .., that in April, 1977 the cost savings had been $1,912.38 over April" 1976. ~O 6/13/77--21 . Mr. Williams asked what kinds of things had been done to achieve e these savings. Mr. Page replied there had been a decrease in lighting and a cut-back on the hours of operation of the venti- lating and heating systems, and lowered temperatures in the buildings. Also, the fountains in the Mall had been turned off. Ms. Smith asked if there were any anticipated further cutbacks, to which Mr. Page replied there were none expected but that the ones being used would be fine-tuned for further savings. Ms. Smith commended staff on the good work that had been done, say- 'ing she felt the City was setting an example for the citizens in the community in energy conservation. Mr. Hamel questioned about the temperature comparisons for the months of April 1976 and 1977, saying he had heard a recent re- port by EWEB that the temperature had been warmer in 1977. Mr. Page said it was his understanding there had been a reduction of about 10 percent in the City and it was difficult to give an exact answer as to how much the reduction was attributable to warmer weather. He said further discussions were continuing with EWEB in regard to decreased street lighting. Problems which were being encountered were the public's perception of safety in regard to street lighting and a cost factor whereby the City would still be paying ^n percent of what it is paying now be- cause of the poles and services. Assistant Manager noted the reduction in street lighting in e other cities had resulted in fixtures being corroded when turned back on, thereby resulting in increased expenditures for replac- ing the entire fixtures. He said the issue of determining whether or not to reduce street lighting was a very complex one. Mr. Lieuallen questioned whether the thermostats on water had been turned down. Mr. Page replied three years ago the tempera- tures had been reduced from 1400 to 1200. Mayor Keller noted the historical significance of the City of Eugene having had energy conservation for quite some time and yet still finding areas in which more could be accomplished. He commended City staff on efforts being made for conservation and asked that a letter be sent to the Governor conveying the results to him. He said it was important the Governor know that the City does believe in and is able to accomplish energy conservation, and that the citizens and the community be shown that the City is trying to lead the way. He said with coopera- tive efforts between the City and EWEB, the citizens could be shown that drastic reductions could be made in the months ahead. Com 5/25/77 ~TrI. Ordinance and Council By-Law amendments to convert Committee- File of-the Whole meetings to Cou~cil meeting status--Ordinance and amendment distributed to Council. Stan Long, City Attorney's e office, explained the two documents. He said the first was a draft ordinance which makes the code change for converting ~~\ 6/13/77--22