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HomeMy WebLinkAbout07/27/1977 Meeting M I NUT E S - EUGENE CITY COUNCIL July 27, 1977 Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by President Eric Haws at 12 noon on July 27, 1977, at the King's Table, Oakway Mall, with the following Council members present: D. W. Hamel, Tom Williams, Jack Delay, Scott Lieuallen, and Betty Smith. Mayo r l1J s Keller and Councilors Ray Bradley and Brian Obie were absent. I. Items from Mayor and Council A. Appointments Council Vice President Hamel presented nominations from interviews for Comission on the Rights of the Minorities and Handicapped: 1. Commission on Rights of Minorities Carolina Murillo Term expi res 1/1/80 Ronnie Sparks Term expires 1/1/80 Jim Cisler 1st Alternate Dave Harding 2nd Al ternate Thurston Briscoe 3rd Al ternate 2. Commission on Rights of Handicapped Jan Eisenbeisz Term expi res 1/1/80 - Al vin Stockstad Term expi res 1/1/78 Annett McConnell 1st Al ternate Paul Martinez 2nd Al ternate Mr. Delay questioned whether any members from the Human Rights Council had participated in the interviews and nominations. Mr. Haws replied a member was going to participate but did not show up. Mr. Williams moved, seconded by Mrs. Smith to appoint as nominated. Motion carried unanimously. B. Room Tax Committee Mayor Keller made the following appointments to the newly created Room Tax Col111li ttee: Council: Betty Smith, 3-year term Scott Lieuallen, 2-year term Budget Committee: Dick Hanson, I-year term Mary Jane OIBrien, 2-year term City-at-Large and Business: Art Fairchild, 3-year term Miriam Fulbright, 2-year term Janet Boettcher, I-year term Assistant Manager noted the ordinance provided the City Council was - to designate a presiding officer from one of its two members. 7/27/77--1 5'13 Mr. Hamel moved, seconded by Mr. Delay, to appoint Scott - Lieuallen as presiding officer. Motion carried unanimously. C. Metropolitan Area Transportation Committee--Assistant Manager noted Mayor Keller had requested Councilors convey to either Mayor Keller or staff their interest to serve on MATC so an appointment could be made at August 10 Council meeting. Mr. Delay wondered whether the MATC bylaws were approved by City Council. Assistant Manager replied, no, the bylaws were approved by L-COG Board. D. Tri-Agency Dog Control--Assistant Manager noted Mr. Bradley and Mr. Haws, the City Council's representatives on the Policy Board, would be out of town for the next meeting scheduled Tuesday, August 2, at noon. Mr. Delay expressed his interest in attending, and Assistant Manager noted staff would give him a briefing on the issues for that meeting. II. Council Meeting Schedule through August 31,1977 Assistant Manager said Council would not have a quorom for its Wednesday meeting, August 3. As there were no agenda items scheduled he also requested cancellation of the Monday night, August 8 meeting. It was consensus of Council to cancel August 3, Wednesday meeting and August 8, Monday meeting. e III. Appeal from decisions of Planning Commission and Zoning Board of Appeals re: property located at 3970 Marshall Avenue (Jack and Anna Gilbert) Assistant Manager said the previouslyu scheduled August 3 date had to be changed as the parties appealing would be out of town. He said legal counsel for Gilberts had asked for an houris presentation, and ten minutes would be alloted. He had been advised City Council had a full packet of materials, and it was noted issues of that appeal were not that complex. Council was urged to hold the discussion to that ten-minute limit. Mr. Hamel moved, seconded by Mr. Williams, to reschedule public hearing to August 22 from August 3. Motion carried unanimously. IV. Improvement Petitions Res. No. 2724 - Authorizing street paving on Chase Street from Royal Avenue to Bell Avenue was read by number and title. Mr. Hamel moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. Res. No. 2725 - Authorizing sanitary sewer construction on Norkenzie Road from Green Acres Road to Holly Avenue was read by number and title. Mr. Hamel moved, seconded by Mr. Delay, to adopt the resolution. Roll call vote. Motion carried unanimously. - 7/27/77--2 5~~ Res. No. 2726 - Authorizing street paving, sanitary sewer, and storm e sewer construction within Panorama View III Subdivision, street paving on Shields Avenue from the east boundary of Panorama View III to 60 feet east, and sanitary sewer construction within 160 feet west of Panorama View III was read by number and title. Assistant Manager noted a recent news article regarding tree cutting in the subdivision covered by this particular improvement petition, and gave Council a status report. He noted it did not have a direct bearing on this resolution but thought Council should be brought up to date regarding the issue. He said under subdivision regulations of the City and under the existing code, there was no restriction placed on a subdivider remov- ing trees. Staff had sought commitment from this particular developer that trees would not be removed until subdivision plan had been approved, other than necessary removal of trees for right-of-way, development, and streets. The developer of this subdivision had advised staff it was im- possible for two reasons: 1) to remove trees after some development had occurred would generate too high a liability; and 2) to do so without lia- bility would require heavy equipment which would destroy street improve- ments. Trees that had been removed on this subdivision had been done so lawfully under the City Code: removal for right-of-way, utilities, and building sites. The effect of this removal had been seen in the impact of the neighbors who expressed their concern in the news article. As a result of this recent concern, staff assured Council that next week e staff will be developing an ordinance for presentation to the Planning Commission amending the subdivision code requirements. The ordinance would propose that developers submit a tree removal and restoration plan when subdividing their property. He said the proposed amendment would come before Council in about two months. time. He noted staff was not sure whether or not Council wanted that kind of regulation on subdivisions. Mrs. Smith questioned whether there were plans for any further tree re- moval in this particular area. Ed smith, Parks and Recreation Department, said he would have to check with the owner, and could not say for sure whether anymore would be removed. Mrs. Smith asked if there were ordi- nances to prohibit more trees being cut, to which Mr. Smith replied no. Mr. Hamel requested staff to check with the developer to see if more trees were would be removed, and to notify Councilors involved. Motion carried unanimously. V. Segregation of Assessments A. North side of Royal Avenue, 150 feet west of Ellsworth, SE 77-8, Pioneer Title by Paul Hague (John Johnston) B. West side of Bailey Hill Road between West 11th and West 18th avenues, SE 77-12, Clayton Walker for John Nelson. Mr. Hamel moved, seconded by Mr. Williams, to approve the segre- gations. Roll call vote. Motion carried unanimously. e 7/27/77--3 SqS VI. Liquor Licenses e A. The Depot, 453 Wi 11 amette Street, (RMB), change of ownership to Monte Widenhouse. Mr. Hamel moved, seconded by Mr. Williams to recommend approval to OLCC. Motion carried unanimously. B. Nikolai.s, 46 East 11th, (RMB), new outlet; Paul S. McCartney for Al dyne Enterpri ses, Inc. Mr. Hamel moved, seconded by Mr. Williams to recommend approval to OLCC. Motion carried unanimously. Mr. Williams questioned staff whether such public hearings could be scheduled administratively. Assistant Manager replied staff could do so by changing the bylaws, noting this scheduling through Council meetings was one part of the public notice process. Vote was taken on the motion which carried unanimously. Mr. Williams moved, seconded by Mr. Hamel to direct staff to schedule liquor license public hearings on administrative level. Motion carried unanimously. VII. Street Vacation: Located between Jackson Street and Adams Street (Lewis Street)(SV 76-9) - C.B. 1511 - Calling public hearing September 7, 1977, re: street vaca- tion, Lewis Street, located between Jackson Street and Adams Street was read by number and title only, there being no Council member present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Delay 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. Hamel moved, seconded by Delay that the bill be approved and given final passage. Ro 11 ca 11 vote. All Council members pre- sent voting aye, the bill was declared passed and numbered 10835. VIII. Supplemental Agenda A. Signalization of Pacific Highway West at Barger Drive. Approval of Agreement No. 6175. Assistant Manager explained the Highway 99 project will be longer in developing than had been originally anticipated. The State Highway Department has funds to signalize this intersection at their cost. Res. No. 2727 - Authorizing agreement between City and State Department e of Transportation for signalization of Pacific Highway West at Barger Drive was read by number and title. 7/27/77--4 5~b Mr. Haws questioned if approval of this agreement would have any e effect on later development of the Highway 99 project. Don Allen, Public Works Department, said his department saw no problem, that if the signalization were approved it would be adapted to the Highway 99 project. Mr. Williams wondered if any third option had been considered regarding signals and streets on the project. Assistant Manager replied there was some litigation pending which could hold up the project. There had been interest in signalization of this intersection for some time, and failure to act at this time would not be in the best interest of the City. Vote was taken on the motion which carried unanimously. B. liquor license Applications 1. le t:ourmande, Inc., dba la Primavera, 388 West 7 th Avenue (from RMB to DA), request for Greater Privilege. Appl icants: A. J. Giustina, Ray Sewell, Anselmo Giustina. Mr. Hamel moved, seconded by Mr. Delay, to approve and forward to OlCC. Mr. Haws questioned the number of liquor licenses being restricted. Assistant Manager replied apparently this was one area of concern of Councilor Bradley. Mr. Haws questioned whether the City had the authority to restrict the number. Assistant Manager said the arrange- ment with the OlCC at this time was that the City provide a public e arena for hearing on the liquor license applications. The extent of the City's review was for structural safety. police record of the applicant, traffic safety, and fire code compliance. He sa i d i t wa s a difficult issue for City Council to deal with and staff was looking at whether this could be done administratively, except for controver- sial applications. Mr. Haws questioned whether Council should attempt to form a policy to change the procedure and Assistant Manager replied not until the City's role were strengthened. Mr. Williams said his understanding of Mr. Bradley's concern was an evaluation as to whether one or another application should be more properly considered. Assi s- tant Manager said it may also include the number and location of new licenses. Stan long, City Attorney's office, said the issue begins with the State statutes providing one hard liquor license outlet for each 2,000 persons in a community. He said there was a potential for 12 or 16 more liquor license applications in Eugene. He understood Mr. Bradley's concern to be whether one or another application should be granted. The difficulty of the State statute lies in that the City review has made no difference, except for negative recommendations. Vote was taken on the motion which was carried unanimously. 2. The Italian Place, 2710 Willamette Street (RMB), new outlet. Appl icants: Ro sc oe and F1 oy Ca 1 dwe 11 Mr. Hamel moved, seconded by Mr. Delay to schedule public hearing August 22, 1977. Motion carried unanimously. e 7 /27 !7 7 -- 5 5~1 IX. Counci 1 Goal s and Work Program: Civic Center e Memo and materials distributed to Council. Assistant Manager noted this was a continuing discussion of the Council's goals and work program. Council had created the Civic Center Commission and Dean Baumgartner, staff person for that commission, would review the report distributed to Counci 1. He referred Council to a memo outlining the time schedule and cautioned Council that in the public process there may be normal and rou- tine delays, but the suggested dates were as valid as staff could forecast at this time. Dean Baumgartner noted the Civic Center Commission had met two weeks ago with Mayor Keller introducing the members of the Commission to the public. Mayor Keller had indicated a wish to see groundbreaking of a new facility within 18 months. As a result of that suggestion, his work schedule had been prepared and submitted to the Commission and Council. The Commission has scheduled a public hearing August 1 at 7:30 p.m. in Harris Hall to deal with the facilities: 1) the type and size of the facility that the community feels would be best; 2) indication of how frequently various community organizations would use the facility; and 3) what impact the facility would have on the growth of the various organizations. He noted the question of the site had been held for a later discussion. Three basic types of a public facility have been proposed: 1) a theater concert hall; 2) a convention space for multi-use events; and 3) a sports facility for indoor sports which could also be used as a multi-use con- vention facility. He said the first decision for City Council would be e selection of a consultant to conduct an economic and financial feasibility study. All available socio-economic data, related research, planning studies, and other background information would be reviewed. The research consultants would also analyze available studies and data relating to the Eugene/Springfield metro area in general, and the proposed Civic Center complex in particular. He said studies from seven national independent consulting firms used by the Lane County Auditorium Associa- tion has been contacted, with response received from six of the seven firms (the seventh firm had gone out of business). He said the costs for the consultant varied from $30,000 to $78,000 noting the difference was the inclusion of architectural and design efforts. Mr. Baumgartner continued to review the various phases of the initial report which included: Phase I--background research (two to three weeks); Phase II--analysis of potential market support (three to four weeks); Phase III---prepare a recommended facilities program (four weeks); Phase IV--financial analysis (two to three weeks); Phase V--evaluate potential impacts (one to two weeks); Phase VI--prepare implementation program (two to three weeks); Phase VII-design and development (six months); Phase VIII--development of external financing sources which would be concurrent with conclusion of Phase VI taking from (90 days to 18 months); and Phase IX--staffing (six weeks to two months concurrent wi th Phase VI). He noted in Phase VIII, developing external financial sources, the Com- e mission would ask for Council prioritization which would give impetus for - 7/27/77--6 548 --. funding sources as EDA and private investors. He said in Phase IX the . consultant would recommend who and how many persons should staff the Center. It is necessary to staff the facility almost immediately after groundbreaking as the lead time for booking events was about 18 months. Mr. Haws questioned the lead time booking, saying it sounded as though road shows from outside would be booked for the facility. He expressed the concern of local artists not wanting a facility where performers from such places as New York would be booked into the facility. Mr. Baumgartner replied the bookings could be conventions in Eugene or even the Eugene Symphony, noting it was necessary to have bookings ready to use the facility immediately. He said no judgments had been made regarding the use of outside artists and would not be made until after the public hearing. Mailings have gone to 175 persons in the community for the public hearing, and he hoped input would help in the decision as to who would use the facility. Mrs. Smith commended Mr. Baumgartner on a fine job in preparing the work schedule. She asked if the preliminary thinking included a possibility there would be three different kinds of facilities. Mr. Baumgartner replied the evaluation would be for the maximum-type complex. He sa i d i t might be one multi-use center and hoped for good feedback and directions from the community at the pUblic hearing. Mrs. Smith then wondered, in the hiring or interviewing of consultant firms, if any local firms were being considered. Mr. Baumgartner replied OR! had been, but had since gone out of business. Other firms being considered were located in - Portland, San Francisco, Seattle, Los Angeles, and Chicago. Mr. Lieuallen said what happened regarding the consultants was an in- herent result of the efforts of LCAA. He thought the governments in the area were going to keep control and direction of the efforts of the con- sul tant hi red. Assistant Manager noted a pause in the program now to publicly evaluate what the facility should be is an example of Council control. He said this emphasized the importance of the public hearing coming up in August. Mrs. Smith questioned if it would be possible to have the projected dates for City Council action throughout the 18-month work program. Mr. Baumgartner replied he would be preparing a work flow chart including the dates for Council action which would be distributed to Council. X. Approval of Minutes Council Mi nutes: March 14, 28, April II, 13, 20, 25, May 9, 13, 18, 23 and July 20 (2 meetings). Mr. Hamel moved, seconded by Mr. Delay to approve the above named Council minutes. Roll call vote. Motion carried with all Council members present voting aye, except Mr. Delay abstaining. Mr. Delay noted his reason for abstaining was a lack of time for review- ing the minutes. e 7/27n7--7 5'jQ XI. Quasi-J udici al Heari ngs Schedul ed for August e A. Change of sign district: located southeast of the corner of Fifth Avenue West and Washington Street (Lew Williams, Inc.) (SDBC 77-1) Scheduled August 10, 1977 B. Rezonings scheduled August 22, 1977: 1. Located on northeast corner of Bailey Hill Road and Westliegh Street (Valley West Center) (Z 77-14) from RA to RP-SR 2. Located south of 20th Avenue between Riverview Avenue and Augusta Avenue (Smith) (Z 77-30) from C-1 to RA 3. Located between Delta Highway and Willagillespie Road; north of Delta Interchange (Wildish/Lane County) (Z 77-33) from County and City RA to RP-SR C. Concurrent Rezoning and Annexation, scheduled August 10, 1977 1. Located west of Fox Hollow Road south of 46th Avenue (Schiewe, Everett, Peckham, et al) (AlZ 77-6) from County AGT and RA to Ci ty R-1 Upon motion duly made, seconded, and passed, meeting was adjourned to August 10, 1977 . . A. Keith Martin - Assistant City Manager AKM :DT:er/CM26b12 e 7/27177 --8 ~OO