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HomeMy WebLinkAbout07/11/1977 Meeting .A. '. M I NUT E S EUGENE CITY COUNCIL July 11, 1977 The regular meeting of the City Council of the City of Eugene. Oregon, was called to order by His Honor Mayor Gus Keller at 7:30 p.m. on July 11, 1977, in the Council Chambers with the following Council members present: Eric Haws, D. W. Hamel, Ray Bradley, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. Tom Williams was absent. I. Public Hearings A. Downtown Development Proposal: Study of Retail Expansion Assistant Manager introduced Barry Elbasani of The ELS Design Group. Elbasani introduced Tom Mitchell of Barton-Aschman whose firm had prepared a traffic and parking analysis. and Keith Funk of Keyser Maraton, who had handled the economic analysis of the Downtown Retail Development Project. Mr. Elbasani explained several diagrams on the chamber wall. He said the shopping centerdiagrarnrnedwould reinforce investments already made downtown. He said the task of the design team had e been to develop a plan which would prove to a developer that a shopping center could be developed in downtown Eugene. He said the plan must also be of benefit to the City. He said the shopping center proposed would cover 550,000 square feet, and would include three department stores, new shops. entertainment facilities, and a new gallery all of which would be tied strongly into three of the six legs of the existing mall. He said the project would spur revitalization of the Bon Marche and other existing stores. In addition, the project would include a new hotel as part of a multi-use center. He said these public and privately financed facilities would tie in legs four and five of the mall, meaning there would be focuses on five of the six legs of the mall. He said the labor force east of downtown would have to go through the mall tying in the sixth leg. Mr. Mitchell explained the traffic and parking plan. He said the traffic plan included existing traffic and superimposed traffic which would be created by the new development. Streets could be , widened either by physical widening or by removal of on-street parking, with the latter being the cheapest method. The plan included widening of Sixth and Seventh Streets to four lanes from Coburg Road to Washington Street through physical widening; Eleventh and Thirteenth Avenues to three lanes by removal of on- street parking; and Oak between Eleventh and Thirteenth by removal of parking. He said street improvements were minimal because of a street system with good di stribution of traffic at . present. Parking garages were planned below Tenth between Olive 7/11/77--1 S'+~ and Charnel ton, and between Eighth, Broadway, Lincoln, and . Charnel ton. He said these garages, plus existing parking, would provide sufficient parking for all facilities including the multi-use center. Ms. Funk said the economic analysis included a study of both market and economic feasibility for a shopping center in Eugene. She said a study prepared by Kayser Marston a year ago showed a market for 200,000 square feet of new department stores by 1980 which could either be one large store or two smaller stores. The study recommended downtown as a location for the center to be competitive with Valley River Center. In terms of financial feasibility, the project had to be viewed both from the point of view of the developer and the City. Ms. Funk said the public cost would include assembly of land, parking garage~ and street improvements. She said if the developer had to pay for these items, it would be cheaper for the developer to develop in the suburbs. Therefore, the public paid for these items in order to make the project feasible to the developer. She said the firm had totalled the City's costs on the high side. Its revenue would be derived from sale of land, tax increment from the new development, plus tax increment from a previous City project not being used, and other federal funds already committed to such a project. She said the project thus calculated was financially feasible. Mr. Elbasani pointed out that the downtown development planners - were not seeking City Council authorization of its plan, but endorsement of the principle of the project, and permission to seek out a developer. Assistant Manager said the City had received letters from Will Carlstrom and Wallace Swanson as public testimony on a downtown development project. Public hearing was opened. Clark Winston Cox, 1085 Patterson Street, was skeptical about the proj ect. He referred to a downtown plan designed ten years ago and indicated it had not helped the downtown area much. As an example, he cited the fact that Montgomery Ward left the downtown area and moved to Valley River Center. However, he said he was willing to give the new plan a try. He said if parking were created for 2100 cars. it would necessitate the removal of some bus stops. He said the plan had not included any mention of a bus terminal site. He said LTD could the site proposed for a - multi-use center because it would give the terminal a whole block. He and others would be more comfortable with the plan if it included provision for a bus terminal. He said the location of the bus terminal was more important than the creation of more parking. Bob Trimble, 1470 Oak Street, objected to the downtown redevelop- ment plan for three reasons: 1) there was no reason to be down- . town after business hours; 2) the mall was all path and no place; SLf3 7/11/77--2 .' and 3) public tax money was being used to reduce the public- ness of downtown space. He said no one lived downtown probably because of zoning and prohibitive land costs. He sa i d there were therefore no community services open after business hours so that the only businesses open were bars and nightclubs. Secondly, he said if building space was compared to open space, it was clear that the mall was designed to be a path and not a place. He said the new plan would be similar. He suggested the open space should be used as a place to be and not just a means of moving foot traffic. He said the fountain at the center of the mall was the only place to meet downtown. and that the fountain was too large to make this a good meeting place. Finally, he said since public money would be used in the project, the public should get a more public mall and more for their money. Public hearing was closed, there being no further testimony presented. ERA Executive Director Charles Kupper responded to Mr. Cox's comments on LTD. He sa i d both Fred Dyen and Dave Rynerson of LTD shared Mr. Cox's concern over the location for a bus terminal. He said both men had attended several Downtown Plan- ning Review Group meetings. ERA had met with LTD and was dis- cussing the possibility of moving the bus transfer station from Tenth to a site north of the Parcade. He sa i d the site was acceptable to LTD as a temporary station, and that ERA was e willing to provide money for a station at that site. Mr. Delay asked if there were plans to cover the new mall. Mr. Kupper said the plan did not include the suggestion that the mall be covered, but that covering had been discussed. Mr. Elbasani said the plan had purposely not indicated whether the mall should be covered. He said it was definitely the tendency of developers to cover shopping malls. but that since Eugene had a moderate climate the developer might not find it necessary to cover a mall here. He said a more critical issue was the introversion or extroversion of the mall--how well integrated the different facilities were with each other through visual tie-ins from the mall. Ms. Smith asked if parking plans were alterable. Mr. Elbasani said that parking garage placements were based on a consensus of the Downtown Planning Review Group and were logical. He sa i d the plan should hold, but that there were no definite architectural plans. Ms. Smith then asked the status of developer interest in the plan. Mr. Elbasani said he had talked to several developers in a preliminary way and had a found a positive response to the plan. However, he said he had waited to talk further with developers upon receiving Council's approval of the plan. He said the path of least resistance for most developers today was to build in downtown areas, and that Eugene was healthy downtown. He pointed out that the plan would require no money from the General Fund. e 7/11/77--3 5 Lf J.f Mr. Obie asked if the financial analysis suggested that the City . could use $570,000 to finance an $8,330,000 project. Ms. Funk pointed to charted figures which showed that the total cost of the two projects (downtown retail development and a multi-use center) would be $11,665,000 subtracting land cost and ERA funds. She said the total tax increment would be $895,000 plus $255,000 in the sinking fund by 1978. These two sources would total $1,150,000. She said this would mean $11,720,000 in bond proceeds to finance the $8,330,000 project. Mr. Obie asked how the multi-use center alone could generate $325,000 a year. Ms. Funk said this tax increment figure was based on the value of new construction and the tax rate. Mr. Obie asked if the multi-use center would be a public structure. Ms. Funk said the $4 1/2 million public structure which would be part of a multi-use center had not been included in public revenues, since it would be paid for by the public. Mr. Obie asked why the civic center had been proposed for the site it was shown on. Mr. Elbasani said though the site proposed was tight, it made the most sense in terms of reinforcement of the existing downtown area. Mr. Obie asked if another site could be chosen if it were preferred. Mr. Elbasani said the choice of site was flexible except that it should benefit downtown. Mr. Delay asked if the overpark inequity was being treated separately by ERA or was being considered in terms of the new tax increment which could be generated by downtown development. Mr. Kupper said e the overpark assessment was not considered in the downtown project. He pointed out that the downtown project would not create a new assessment district. In the long run, the matter would have to be considered and if enough revenues were being generated by tax increment, the overpark assessment might be considered. However, he said the figures presented showed that the new tax increment would be needed initially just to finance the redevelopment project. Mr. Delay asked if it was feared that the City would receive more heat from businesses in the overpark assessment district since the new project might seem to continue an inequity for these people. Assistant Manager said the City was aware that the problem would not go away by itself, that thedilemma was in deciding where the higher public and good lay. He said it was a question of downtown investments already made, and how best to carry out already es- tablished policies. Mr. Lieuallen asked if the City Council would continue to review the downtown project as it progressed. He said the City had several ongoing concerns such as energy, existing businesses. tearing down buildings, and placement of new businesses. He said as the tax increment (a public source of money) was being used to finance the project, the public should be allowed to review the proj ect. Mayor Keller agreed with Mr. Lieuallen, saying he saw the need for the public to be involved in improving the project but not in drastically changing its numbers. Mr. Kupper e 7/11/77--4 5lf5 tit said it would be necessary for ERA to come to City Council several more times. He said the urban renewal area plan change had to be presented to the Council, as did any condemnation approvals. In addition, he said the project was major and that ERA would want to keep the City Council well informed of its progress. Mr. Haws asked if the civic and convention centemmentioned would be two separate facilities. Mr. Kupper said they would be: one would be a convention center and the other would be an exhibit center. Mr. Haws asked what would happen to plans for the multi-use center if the convention and exhibit centers were not buil t. Mr. Kupper said the City would not build these public facilities without first getting a hotel developer to commit himself to the project. He said the City's study of a new auditorium was the source of some confusion in discussing these facilities. He said the auditorium could conceivably become part of the downtown development project. Mr. Haws asked if the project would definitely not spend any of the City's money. Mr. Kupper said he could not say that ERA would never have to call on the City for funds, but that it did not plan to and hoped not to have to. He poi.nted out that the project~financial analysis did not include an increase in general downtown taxes, although such an increase would logically e occur. Mr. Elbasani pointed out that the financial analysis was conservative in that revenues were figured low and costs high. Assistant Manager reminded Council that what the plan sought from the Council was acceptance of concepts presented. He said the next step would be to seek developers, and the Council would have a chance to respond to specific proposals presented by successful developers. He felt the project would be financed through the tax increment and reserve ERA funds without drawing from the General Fund. Mr. Haws moved, seconded by Mr. Hamel to approve the report as presented, and direct staff to prepare a resolution demonstrating the Council's commitment to and support of the plan as presented. Motion carried unanimously. B. HCC: Proposal for Adoption of ORS 307.600 to 307.690 Relating to Multiple-Unit Rental Housing Property Tax Exemption Program Assistant Manager explained the issue had been reviewed by the Joint Housing Commission; Community Development Commission, Planning Staff, and others interested in multiple-unit housing. He said if the Council chose to adopt the proposal, it would be presented to School District 4-J for its endorsement. He said if the district chose not to endorse the proposal, it e 7/11/77--5 5Jffo would be brought back before the Council. He said Mr. Carlstrom's . letter to the Council had also addressed this issue. Public hearing was opened. Robert Blizzard, 3135 Van Avenue, was in favor of the tax exemption because it would stimulate the downtown economy. He spoke as president of the Handicapped Commission specifically. He said Craig Tomlinsen had plans to build 12 units on the periphery of the down- town core which would be adaptable to the handicapped. He said when these units were filled, it would stimulate the downtown economy. The Handicapped Commission had received a letter from the Lane County Offices of Vocational Rehabilitation stating it had 30 persons on the waiting list for accessible housing to down- town. The Commission had also received two other letters, one from Sacred Heart Hospital and one from Lane County Directory Services. In addition, the Commission had received a phone call from Lane County Welfare. He said the program might loose money on the short haul, but would make money in the long run. Russ Landress, P. O. Box 329, Scio, said he was considering pur- chase of property bounded by Broadway, Washington, Lawrence, and Ei.ghth Street. He planned to build 125 units on this site to be known as Broadway Center. He said a report by John Blaney Associates stated that at $4.50 to $6.00 per square foot, a land buyer would have to charge rents unobtainable in Eugene to pay e for his costs in building an apartment on that land. He said previous apartments he had built had cost from $1500 to $1650 a unit. Howev~r, he said the Broadway Center unit would cost $3400. He said without the tax abatement program, he would have to charge unobtainable rent to pay for such a project. His offer to purchase the property mentioned was contingent upon approval of the tax abatement program. John Ewing, 1560 Lincoln, faculty member of the U of O's Center for Gerontology. member of the Board of the Northwestern National Benelovent Association, and president of the Christian Church Homes of Oregon, said the National Benelovence Society was the sponsor of a HUD Section 2028 housing project for older adults to be built at the southeast corner of 11th and Olive. He said the project would include 150 units, ten percent to house the handicapped. In accordance with HUD regulations, the Society had procurred a mortgagor of the project, the Christian Church Homes of Oregon. He said the facility would be called Olive Plaza. The proposal was being reviewed by HUD. He said the project construction budget was very tight, and the operating costs and amortization depended on approval of the abatement program. Denial of the program would jeopardize chances for proceeding with the project. He said the site cost more than the originally chosen site, and suggested the Council knew the background of this issue. He said the group wanted to build on the edge of the mall because of the need for low-income e housing for the elderly in this area. Seventy-three persons had 7/11/77--6 '~7 e applied for the proposed housing although its existence had only been announced by word of mouth. He said the abatement program would bring the project closer to HUD mortgage limits which was essential to the program's existence. Craig Tomlinson, 984 Elizabeth Street, owned property at 11th and Lincoln. He said the property was zoned for 48 one bedroom units which he planned to build for the elderly and handicapped. He had built 250 units in the area in the past five years, and was familiar with special amenities needed by the handicapped and elderly. He said the 11th and Lincoln property was especially well-suited to these two groups because it was adjacent to a grocery store and on a bus line. He said the only problem was that a conventional apartment house would not pencil out in that location without the abatement program for which reason he favored the program. Betty Niven said the program would achieve something long sought in Eugene but never before pOSSible. Bob Suess, 260 E. 38th, said he paid City taxes and also collected them from many of the elderly on a quarterly basis to turn over to the tax assessor. He pointed that according to the Eugene Code, the first floor of any building had to be accessible to wheelchairs. He said this law was being complied with. He had recently built 80 units, and had installed elevators and extra wide doors on all - units. He said because of rent in Eugene today, all builders had to seek subsidies in order to make a project pencil out. He said federal, state. and private enterprise subsidies were available. Most builders had to operate at a loss, at least initially. A moratorium on taxes and other programs for low to moderate priced housing had been attempted in the past but had never succeeded. The tax abatement program being considered was selective in its choice of a certain geographical area, although everyone in Eugene would be asked to finance the program through taxes. He suggested that ten percent of all building costs were due to governmental red tape and suggested the best thing government could do in cutting housing costs was to disentangle itself from the housing process except for common sense codes. He said housing problems would level out quicker without government help than with it. Mary Ducane. 956 W. 4th Street, said she was concerned about guide- lines being followed in the elimination or relocation of any housing on property involved in the program. She said she was concerned that housing not be destroyed in this area. Public hearing was closed, there being no further testimony presented. Assistant Manager responded to'Ms. Ducane's comments saying the preservation of habitable housing, primarily through relocation, e was part of the process of the program. He said the Joint Housing 7/11/77--7 5'+'i j Committee had looked at possible sites for land banking for these e relocations, and this would mean extra work for the Committee, but was included in the process of carrying out the program. Mr. Delay had several questions concerning legal aspects of the proposed program. He said the program was a public investment for which reason the public payoff should be clear. He said since this program, and the previously approved plan for downtown revitalization would both be in effect, it might be beneficial if the City could end the tax abatement program when it was no longer needed. He asked if the Ci ty woul d be locked into the program for a certain period of time. He asked how much discretion the City would have in granting the abatement, and how optional its approval could be. He asked if the City could be taken to court if it did not approve someone's request to be included in the program. Assistant Manager said the subsidy would be granted project by project depending on each project's individual merit, and the Council could rescind the program at any time. He asked Ms. Niven to further comment. Ms. Niven said the bill was self- destructing including only construction completed by January of 1980. She said it was doubtful the downtown revitalization program would be developed by that date. She said the two pro- grams would tend to reinforce each other. Mr. Delay referred to page 2, Section 2.1.3 of the proposal. He said the selection of those to receive the subsidy would be made administratively not in the Council, and asked if the word- e ing of the proposal insured that justification would bereas~able and not based on weak reasoning. Assistant Manager said Mr. Delay's understanding of the proposal was not accurate. He said the section Mr. Delay referred to concerned the preapplication process, which preceded the formal application process which had to be presented to the Council. He said Council had to be given 180 days to review the application. Mr. Lieuallen asked if the builder would seek the benefit after or before construction. Assistant Manager said the benefit only applied to those who sought it prior to actual construction. Mr. Lieuallen asked what the cost to the public would be. He said a fiscal impact statement presented to the Council indicated the net gain after 20 years would be $43,000. He asked what this figure meant. Ms. Niven said the figure was based on a $23,000 less per ten years as opposed to a $27,000 gain for ten years. She said these figures were based on the assumption that land and structure costs would remain constant, which they would not, so that by the time the figures were entered on the tax roles they would be higher, meaning more of a gain to the City. Mr. Lieuallen said he was still not certain if the program would cost the City a lot of money. He was also not certain how the preservation of buildings would be carried out. He asked which -- 7/11/77--8 5Lfq . department would handle the program, and Ms. Niven answered that HCC would be in charge of the program, though each pro- posal would have to come before the Council. Mr. Li euall en asked if the City would be obligated to provide the subsidy if a request met certain written criteria. Stan Long, Ci ty Attorney's Office, pointed out there were no legal precedents for the program. He said the proposal was permissive in that it stated the City "may" approve an application. Also, he said the City would have more leeway in granting the subsidy for proposed structures than it would if the subsidy were more for existing structures. He said the City could probably not be arbitrary in its approval. Assistant Manager asked Mr. Long if the City could at any time terminate the program and deny any subsequent applications. Mr. Long said that was his understanding. Ms. Niven pointed out that the Council had to determine the public benefit of each project in addition to its benefit to those who would be housed at the project. She suggested this gave the Council additional latitude in its selection of applicants. Mr. Hamel said his main concern was dollars. He said if the land was worth more with its original structure than it was worth without the structure, it would cost the taxpayer more on his local taxes. Ms. Niven said the Joint Housing Committee would not allow good housing to be torn down. She said that sort of a situation would not meet any of the criteria which had to be met to make an appli- e cant eligible for the subsidy. Mr. Hamel then asked if developers were not likely to go ahead and build in the area being considered even without being tax exempt. Ms. Niven said none had yet developed in the area. She said they had not because they could not get the rent they would have to ask unless they built luxury housing. She said luxury housing was fine but that the need in that area was for low-income housing. She said HUD would not agree to help finance projects in the area without an offset, such as the tax exempt status. Mr. Bradley asked the Assistant Manager if the City would in any way commit itself to any of the three proposals it had heard that night if it passed the bill. Assistant Manager said that the City would not be committed to those development proposals. Mayor Keller asked how many units could be expected to be requested in the area in question in the next five to ten years. Ms. Niven pointed out that the bill would only be in effect for another three years. She said this meant projects would be have to be started in the next one to two years and would probably include no more than 300 units. Mayor Keller asked if the program would be ongoing, to which Ms. Niven responded that would depend how successful it was. Res. No. 2711--Concerning multiple-unit rental housing property e tax exemption within a designated area; declaring publiC necessity and adopting standards and guide- lines was read by number and title. 7/11/77--9 550 Mr. Haws moved, seconded by Mr. Hamel to adopt the . resolution. Rollcall vote. Motion carried unanimously. C.B. 1508--Concerning tax exemption for multi-unit rental housing within a designated area; adding Sections 2.945 and 2.947 to Code, 1971; adopting provisions of ORS 307.600 to 307.690; and declaring an emergency was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at 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 18021. A short recess was taken. Mayor Keller acknowledged a request to have item I G. discussed at this time on the agenda G. Public Works Bid 0 eninos for Various 1m rovement Pro "ects e Opened July 7, 1977 tabulation attached Don Allen, Director of Public Works, reviewed Item 1, Job 1053. Public hearing was opened. Mary Olin Peterson, 3850 Willamette Street, said her father owned the property in question until five years ago at which time he sold it to her husband. Her father had owned a construction company and had been ready to make whatever improvements to the driveway the City Engineers requested. She said the City had requested the area be blacktopped and her father carried out the action. She said now the City had changed its mind, and wanted the driveway to include a concrete apron which would be very expensive for her husband to install. She asked if she and her husband could be allowed to merely asphalt the driveway. She said her husband had already begun to carry out this construction. Mr. Allen said he could not substantiate any conversation with Ms. Peterson1s father which had occurred five years ago. He could remember law suits on the property which had occurred prior to the the driveway and sidewalk issue. He said City ordinances did allow asphalt as a temporary covering until a permanent sidewalk could be put in. Five years ago the project had probably required major 7/11/77--10 e ~I excavation and the removal of trees, which was probably why the City had allowed Ms. Peterson's father to blacktop the area. He e said ordinances were more flexible and would allow the sidewalk to meander around trees. Also. the City had probably given permis- sion for a temporary driveway five years ago. He said Council could direct that the driveway be left as it was and wait to see if there were any problems with the present driveway before requiring a concrete sidewalk to be installed. Mr. Haws asked why Council was hearing debate at this time, if it would not be more appropriate to be heard at assessment time. Assistant Manager explained the issue was what the project had to include. He said the City Code required that a permanent side- walk be of concrete for maintenance purposes. If this requirement were set aside. it would be an exception. He reiterated Mr. Allen in saying Council could make an exception including the requirement that if concrete were needed later, it would be installed at a later date. Mr. Allen added that if Ms. Peterson's husband was installing the sidewalk, it would not be in the City's contract for that side- walk. He said this was acceptable to the City if Mr. Peterson had a permit. He said it must be stipulated that the project be completed by the time the City's contractor arrived to install the rest of the sidewalk. Mr. Obie noted that Mr. Peterson had just come in and asked if he had any comments. While Ms. Peterson explained to her husband e what had been discussed. Mr. Obie asked why the City was bidding for a contractor on the sidewalk if the Petersons were installing it themselves. Assistant Manager explained that since these property owners were willing to install the'sidewalk themselves, the City's contractors would merely meet the Peterson's sidewalk and then stop. He said the Petersons would not be assessed for that segment of sidewalk which they installed themself. Mr. Peterson asked if the City were saying that he could install a sidewalk as asphalt where it merged with his driveway and replace it with concrete later if the City thought that were necessary. Mayor Keller answered affirmatively and Mr. Peterson indicated that suggestion was acceptable to him. Mr. Bradley asked what kind of precedent the City would be setting if it agreed to this arrangement. Assistant Manager said it would mean that those with asphalt driveways would be allowed to keep them as part of the sidewalk if they so wished. He said it would allow the matter to be tested. Mr. Obie thought it would be a positive precedent in that it would show the Council is willing to work with the community. Mr. Bradley reminded Council that the issue of this sidewalk had been brought to its attention by parents of Dunn School children and asked what kinds of safety factors were involved. Ms. Peterson ~ 7/11/77--11 ~~ said Dunn School was down the hill from her property, that motorists had a clear view down the hill so that the area in front of her home was not a visual hazard. In addition, most children coming up the hill from Dunn School live downhill and reached their homes e before the area in front of her home. Mr. Allen asked if the City would allow him or someone from his staff to meet with the Petersons at their home to settle this issue. Assistant Manager asked Council to authorize this action because of the need caused by a possible hazard to school children. He said if the sidewalk appeared to be a hazard by the City's normal standards, it would require a concrete apron. However. he said if the asphalt sidewalk seemed safe. the City could accommodate the Peterson's request until a concrete sidewalk was needed. Mr. Haws moved, seconded by Mr. Hamel, to award bid for this sidewalk to the low bidder. Motion carried unanimously. Mr. Allen reviewed the remaining contract bid openings. For Bid No. '2, sidewalk on east side Four Oaks Grange Road between 18th Avenue and Bailey Hill Road (Job 1308), Mr. Allen requested Council hold the contract for 30 days because of several requests concerning it. On all other contract bids, Mr. Allen recommended contract be awarded to low bidders. Mr. Haws moved, seconded by Mr. Hamel, to award contracts to low bidders on items 2 through 7, with item 2 contract award delayed for 30 days. Motion carried unanimously. C. Code Amendments re: R-3 and R-4 zoning districts e Assistant Manager explained the Code amendments had been proposed by the Planning Commission for the purpose of clarifying the language in R-3 and R-4 zoning districts. Jim Saul, Planning Department, said the amendments covered three points. Declarification of the status of clinics in R-4 districts so that they would remain a permitted use rather than a conditional use (not technically a change because of prior Code treatment of the issue); private and pUblic parking structures would be conditional in both R-3 and R-4 districts; and universities and colleges would be con- ditional in both R-3 and R-4 districts. He said the proposed amendments had been reviewed by major institutions in the area involved, including Sacred Heart Hospital, Northwest Christian College, and the University of Oregon. and by an appointed review group with members from the City Council, Planning Commission and West University Neighborhood Group. Public Hearing was held with no testimony presented. C.B. 1509--Concerning outright and conditional uses in R-3 and R-4 districts; amending Sections 9.366, 9.368, 9.380, and 9.382 of Code 1971; and declaring an emergency was read by number and title only, there being no Council member present requesting it be read in full. -. 7/11/77--12 553 ---- 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. Ro 11 ca 11 vote. All Council members voting aye, the bill was declared passed and numbered 18022. D. Rezonin9s 1. Area located on west end of Kingsley Road, west of Good- pasture Island Road (Eugene Planning Commission) (Z 77-25) from County AGT to City R-2 SR. Assistant Manager noted the recommendation had come from the Planning Commission's meeting June 7. 1977. Jim Saul said the area involved 1. 8 acres. The area had been considered in late 1976 when the Hulet- Kingsley subdivision of 140 acres was rezoned to R-2. The area under consideration was not rezoned at that time because there had not been sufficient time for advertising of the rezoning. All surrounding property was zoned R-2 so the rezoning would be consistent. He pointed out that Jim Bernhard, Chairman of the Planning Commission, was present to answer questions. No ex parte contacts or conflicts of interest were declared by Council members. Planning Commission Staff Notes and - minutes of June 7, 1977, were received as part of the record. Public hearing was held with no testimony presented. C. B. 1510--Rezoning area located on west end of Kingsley Road west of Goodpasture Island Road from County AGT to City R-2 SR was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Mr. Hamel, that findings supporting the rezoning as set out in Planning Commission Staff Notes and minutes of June 7. 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. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 18023. . 7/11/77--13 55Lf I 2. Area located at west end of Edison Street, west of Bethel Drive (Eugene Planning Commission)(Z 77-26) from M-2 to RA Assistant Manager noted the recommendation had come from the Planning Commission June 7, 1977. Mr. Saul said the area of land involved was . 2.5 acres owned by the City of Eugene. Both the City Council and the Planning Commission had considered this area when the Bethel-Danebo Refinement Study was made. He said an amendment to the General Plan was adopted in December 1975, making the area low-density residential. All property south and east of the subject property was zoned RA and a single-family unit was being constructed on vacant property adjacent to the subject property. The rezoning to RA would be consistent with the General Plan. No exparte contacts or conflicts of interest were declared by Council members. Planning Commission Staff Notes and minutes of June 7. 1977, were received as part of the record. Public hearing was held with no testimony presented. C. B. 1511--Rezoning area located at west end of Edison Street, west of Bethel Drive from M-2 to RA was read by number and title only. there being no Council member present request- 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 June 7. 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 be 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 18024. E. Water District Withdrawals Mayor Keller said the matter had previously been considered by the Council and a public hearing was required before action could be taken. f 1. From Glenwood Water District--Booth/Fisher Public hearing was held with no testimony presented. C. B. 1512--Withdrawing from Glenwood Water District that portion of district annexed to the City by Order No. 418 of Lane County, June 2, 1977, and declaring an emergency 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 by Ms. Smith, 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. with Mr. Hamel abstain- ing, and the bill was read the second time by council bill number . only. 555 7/11/77--14 --.-- -- Mr. Haws moved, seconded by Ms. Smith. that the bill .be approved and given final passage. Roll call vote.. ~ll Councl1 members e present voting aye except Mr. Hamel abstalnlng and Mr. Bradley voting no, the bill was declared passed numbered 18025. 2. From Oakway Water District--Breeden Pub~ic hea~ing was he:d with no testimony p~esented. -- C. B. 1513--Withdrawing from Oakway Water District that portion of district annexed to City by Order No. 419 of Lane County June 2, 1977 and declaring an emergency was read by number and title only, there being no Council member present requesting it be read in full. Mr. Haws moved, seconded by Ms. Smith. 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 Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Council members present voting aye. except Mr. Bradley voting no, the bill was declared passed and numbered 18026. F. Liquor License Application: Accuardi's Old Town Pizza Co., 160 E. Broadway e Assistant Manager said the agenda applicant for the liquor license were Accuardi's, not Ralph Robinson and Neal K. Sande owners of the property. He said a neighborhood survey on the license resulted in 14 non-objectors. All papers were in order and staff had no objections. Public hearing was held with no testimony presented. Mr. Bradley asked if the outlet would serve hard liquor. Assistant Manager said it would be a restaurant and lounge and probably would serve hard liquor. Mr. Bradley noted that he would vote no if the restaurant did plan to serve hard liquor because of the state law which allowed only 12 hard liquor licenses in the City and the area in question already had four outlets. He said if the restaurant was only to serve beer and wine, he would vote in favor of the license. Mr. Delay said he thought the limitation applied only to bars and taverns, not restaurants. Stan Long said he was not sure of this OLCC law. Mayor Keller suggested the matter be rescheduled for Wednesday's meeting so answers to these questions could be determined. Mr. Haws moved, seconded by Mr. Hamel, to hold the item over to the Wednesday, July 13, Council meeting. Motion carried unanimously. II. Ordinances Held for Second Reading The following council bill. read the first time June 13, 1977 and referred to Assessment Panel June 20. 1977, was brought back for the second reading e June 17, 1977. Council held over for another two weeks for further consideration and staff adjustments to assessment. 5Sb 7/11/77--15 C. B. 1495--levyi ng assessments for pay; ng., sanitary sewer and storm sewer on Hawkins Lane from 18th Avenue to Highland Oaks Drive was read by council bill number and title only. there being no Council member present requesting it :. be read in full. Mayor Keller asked if the motion should be to amend the council bill, to which Mr. Long replied that would be the proper procedure. Mr. Haws moved. seconded by Mr. Hamel, that the bill be approved as amended and given final passage. Roll call vote. All Council members voting aye, the bill was declared passed and numbered 18027. Ill. Items held over from Wednesday Council meeting. A. Civic Center Commission--Mr. lieuallen said he would vote for the motion though he had been disappointed that performing arts groups had not been represented by appointment on the Commission. He said several special-interest groups were represented. He felt there would be an effort to include the performing arts community in the future process. Mr. Haws moved, seconded by Mr. Hamel. to approve the appointments. Motion carried with all Council members present voting aye, except Bradley and Haws voting no. IV. Ordinances for First Reading--none V. Resolutions . Resolution No. 2712--authorizing payment of bills, claims, and progress payments for period ,from June 27 through July 11, 1977, was read by number and title only. Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. VI. Approval of Minutes--June27 1977 Mr. Haws moved, seconded by Mr. Hamel, to approve minutes of June 27, 1977. Roll call vote. Motion carried unanimously. Upon motion duly made, seconded, and passed. the meeting was adjourned to July 13, 1977. ffi~. A. Keith Martin Assistant City Manager DT:AKM:jm/CM23b4 '. 7/11/77--16 551 -- . e DEPARTMENT OF PUBLIC WORKS Engineering "Division Bid No. 6 Opened: July 7, 1977 l. SIDEWALK on Wi11amette Street from 34th to 40th. (1053) Bidders Contract Cost l. R. C. Parsons & Son Construction, Inc. ......................... ..$14,826.75 2. Wildish Construction Company......................................$18,850.85 3. Shur-Way Contractor, Inc..........................................$19,269.07 Cost to Abutting Property: Cost to City Amount Budgeted 411 Sidewalk $1.50/Sq.Ft. $8,760.00 $3,500.00 511 Sidewalk $1.80/Sq.Ft. Driveway Adjustments Direct COMPLETION DATE: August 15, 1977 ~-------------------------------------------------------------------------------------------- 2. SIDEWALK on East Side Four Oaks Grange Road between 18th Avenue and Bailey Hill Road (1308) Bidders Contract Cost l. Concrete Unlimited, Inc...........................................$3,375.80 2. R. C. Parsons & Son Construction, Inc.............................$3,450.60 3. Wildish Construction Company......................................$3,636.05 4. Shur-Way Contractor, I nc. . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . $4,110.63 Cost to Abutting Property: CoSit to Ci ty Amount Budgeted 4" Sidewalk $2.88/Sq.Ft. -0- -0- S" Sidewalk & $3.00/Sq.Ft. Driveway COMPLETION DATE: August 15, 1977 e 558 Page 1 of 4 17 e 3. PAVING, SANITARY SEWER AND STORM SEWER within Gillespie Butte Subdivision; and sanitary sewer within Lots 121 and 122, First Addition to Oakway Subdivision (1386) Contract Cost Bidders Basic Alternate l. Wildish Construction Company....................~.$118,216.03 $119,798.02 2. Dan D. Allsup Contractor, Inc.....................$123,302.60 $125,496.59 3. ~Babb Construction Co., dba De~ta Construction CO............................$125,165.54 No Bid 4. Eugene Sand & Gravel, Inc......................... No Bid $120,921.00 5. H & J Construction............................~... No Bid $126,156.65 6. -Kenneth R. Bostick Construction Co................ No Bid $135,176.60 Cost to Abutting Property: Cos t to City Amount Budgeted Paving $1,640.00/Lot -0- -0- San. lat. $1,510.00/Lot San.Serv. $ 190.00/Lot Stm.Sewer $ 430.00/Lot 1/2i Levy $ lO.OO/Lot COMPLETION DATE: October 1, 1977 -- -------------~----------------------------------------------------------------------------- 4. PAVING, SANITARY SEWER AND STORM SEWER within Parkwood Subdivision (1356) Contract Cost Bidders Basic Alternate l. Wildish Construction Company......................$218,299.88 $218~060.95 2. Morse B ros ., I nc. . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . .. No Bid $225,287.70 3. Eugene Sand & Gravel, Inc......................... No Bid $233,662.96 4. Dan D. Allsup Contractor, Inc.................... .$232,570.67 $235,718.74 5. H & J Construction................................$238,934.26 No Bid Cost to Abutting Property: Cost to City Amount Budgeted Paving $1,890.00jLot San.Lat. 970.00/Lot San.Serv. 225.00/Lot Stm.Sewer 700.00/Lot $2,000.00 $3,000.00 1/2<t Levy 50.00/Lot CbMPLET ION DATE: October 1, 1977 .e 55Cf ,& Page 2 of 4 . 5. PAVING, STORM SEWER AND SIDEWALK: Concord Street from Hughes Street to Berntzen Street (1428) Contract Cost Bidders Basic Alternate l. Morse Bros., Inc.................................. No Bid' $89,624.50 2. Shur-Way Contractor, Inc.......................... No Bid $90,373.66 3. Eugene Sand & Gravel, Inc. ........................ No Bid $92,458.54 4. Dan D. Allsup Contractor, Inc..................... No Bid $95,816.66 5. Wildish Construction Company......................$100,893.90 $98,934.00 Cost to Abutting Property: Cost to Ci ty Amount Budgeted 28' Paving $ 20.70/FF Paving $8,800.00 $ 7,400.00 5" Concrete Drive 1,90/SF Storm Sewer 40,100.00 50.000.00 COMPLETION DATE: October 1, 1977 - . --------------------------------------------------------------------------------------------- 6. PAVING: Robin Avenue adjacent to Tax Lot 17-04-22-21-700 (1362) Contract Cost Bidders Basic Alternate l. Wildish Construction Company..................... .$2,767.00 $2,468.90 2. Shur-Way Contractor, Inc......................... .$3,958.00 $3,189.80 3. Eugene Sand & Gravel, Inc......................... No Bid $3,988.00 4. R. C. Parsons & Son Construction, Inc.............$2,754.60 No Bid 5. Morse Bros., Inc..................................$2,950.00 No Bid Cost to Abutting Property: Cost to City Amount Budgeted 28' Paving $33.60/FF -0- -0- COMPLETION DATE: August 19, 1977 e 5~O Page 3 of 4 11 I . . 7. SANITARY SEWER to serve Cherry's Addition (1169 ) Bidders Contract Cost l. James A. Hill........................................ $ 7,402.27 2. DanD. AllsUfl Contractor, Inc........................ $ 7,848.20 3. K~nneth R. Bostick Construction Co................... $10,208.70 4. Wi] di sh Constructi on Company......................... $10,569.59 5. R. C. Parsons & Son Construction, Inc................ $10,772.40 6. Eugene Sand & Gravel, Inc............................ $11,359.85 7. Shur-Way Contractor, Inc............................. $11,751.50 COst to Abutting Property: Cost to Ci ty Amount Budgeted San.Lat. $O.lO/Sq.Ft. -0- -0- - - San.Serv. $175.00/Lot COMPLETION DATE: August 15, 1977 -- -e 5bl Page 4 of 4 ,2D