Loading...
HomeMy WebLinkAbout07/27/1981 Meeting ., M I NUT E S . Eugene City Council City Council Chamber July 27, 1981 7:30 p.m. COUNCILORS PRESENT: Gretchen Miller, Brian Obie, Betty Smith, Mark Lindberg, D. W. Hamel, Eric Haws, Cynthia Wooten, and Emily Schue. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. PUBLI C HEAR I NGS A. Parade Permit Ordinance and Administrative Rules Revision (memo, ordinance and administrative rules distributed) Micheal Gleason, City Manager, introduced Tim Sercombe, City Attorney. Mr. Sercombe stated that in fall 1979, the parade permit ordinance was revised to make it constitutional. Since that time, the Oregon ACLU hired local attorneys to review the ordinance and to take action to remedy any perceived . constitutional deficiencies during the current re-examination of the Parade Permit Ordinance. Also, the local chapter of the National Lawyers' Guild has studied the ordinance and requested various changes. Staff has met with these groups and discussed the legal principles which limit the City's discretion in this area. On the basis of staff research, staff suggests the following guide- lines to govern issuing, denying, and revoking parade permits: 1) any time discretion is vested in an official to issue, deny, or revoke parade permits, specific and definite criteria must be used to make the decision; 2) restrictions or preconditions regarding permit issuance must not be so onerous or impossible as to amount to a prior restraint on speech; and 3) the law is clear that a threat or potential of violence from spectators is insufficient reason to deny a permit . This is based on the Skokie, Illinois, Nazi demonstrations when the courts held that the Nazis could not be denied a permit solely because of the fears about violent spectators; however, intended or actual violence by the parade participants is a sufficient reason to deny or revoke a permit if those criteria are in the ordinance. The following changes will take care of most of the identified constitutional defects: 1. Section 5.500--Definition of a Parade: The current ordinance defines a parade as "a gathering of at least ten persons who travel more than 100 feet on City property for a common purpose" and it waul d be ,changed to "for a common purpose of public demonstration." This would remove gatherings that do not have any problems with attracting spectators, crowd control, or traffic, from the ordinance. . MINUTES--Eugene City Council July 27, 1981 Page 1 . 2. Section 5.505(3)--Basis for Permit Denial: Currently the ordinance groups together reasons for permit denial with criteria used for . proposing an alternate route and the proposed revision would separately list the reasons for denial of a parade permit from the reasons for route or day change. It would exclude any gatherings that are on sidewalks only with participants obeying traffic signals. a. Permit Denial: The ordinance now allows denial of a parade permit' if lithe parade is likely to incite violencell and this factor is being refined to remove the possibility of denial because of hostile spectators and instead will use the following criteria: 1) whether reliable information shows that the organizers or parade participants have a specific intent to cause violence during the course of the parade and the Police Chief must give reasons and within three days of the denial the applicant can appeal to the council; 2) whether reliable information indicates that parade participants will be carrying weapons during the parade; or 3) whether recent parades involving the same partici- pants or organizers have resulted in personal 'injury or property damage caused by those participants so that it is reasonable to conclude that the probability of violence during the parade . under review is extremely high. 3. Section 5.520--Revocation of Permits: The criteria for revocation of an issued permit would be narrowed to allow revocation only if: a) an imminent threat of violence and personal injury to the parade participants exists; and b) all reasonable efforts to protect the . parade participants have failed; and c) a request to disband the parade to the parade organizers has been refused; or d) actual violence has been caused by the parade participants; or e) there is significant deviation from the route designated in the application or assembly at points not shown in the application or without consent of the police officer in charge of parade escort. The applicant can appeal the process to either the councilor a subcomnittee of the council. Mr. Sercombe continued to state that Administrative Rule 2(b)--Hold-Harmless Agreements: Administrative Rules require that hold-harmless agreements by indigents are required indemnifying the City from lIall liability resulting from the parade.1I The redrafted language would require the parade organizers to indemnify the City in any litigation in which the City is sued solely because of the negligence of the parade organizers which would educate the organizers of their legal duties and require the organizers to superviS8 the parade and be accountable for any negligence in failure to supervise. However, they cannot be required to share the burden of any City-caused negligence. Administrat ive Rule 4--Higher Insurance: Criteria for higher insurance requirements are now identified and are similar to those used to waive insurance requirements under Administrative Rule 5. Mr. Serco~be said some additional concerns have been raised but are not treated in the proposed revisions. Staff recornmend,s the ordinance dnd administrat ive rules be adopted; . ~INUTES--Eugene City Council July 27, 1981 Page 2 . Bob Guldin, 110 Mayfair Lanet stated that the changes are positive and progres- sive in comparlson with the original ordinance. He noted that he was involved with the March 1st Coalition which had a demonstration on March It 1980t and they had problems with the Police Department at that time. In December 1979 the Iranian-American Friendship Committee was told they could not hold a parade. He feels there is a need to limit the arbitrary power of the police and would suggest that the sole consideration should be traffic control. The down- town mall is in the center of town and at the present time a separate permit must also be filed for use of that area. It is difficult to get both permits in a short period of time. The parade permit should override other permit require- ments. In regard to the cost of police and insurancet he feels it is politically incorrect for people to have to pay to exercise First Amendment rights. People in this country want freedom of speech and assembly. The parade ordinance should be rewritten so people could express their First Amendment rights and there should not be a cost to the applicant for insurance or police. Bruce Smitht 965 Sherwood Placet stated that he represents the ACLU and the council had previously received materials from him. He would like to correct a statement made by the City Attorney's Office. The ACLU did not hire anyone to work with this ordinance. This was brought to the City Attorney Office's attention last fall and they have tried to work with the administration regarding this process. The First Amendment is the most precious of all in the Bill of Rights. In some casest the courts have ruled that parades could not be prevented and officials have had to get a court injunction to stop a parade. The courts have upheld not issuing prior restraints such as the unreasonable burden placed on those wanting to exercise free speech rights such as the Nazi Party in . Skokiet Illinois. Although there are some problems, the City Attorney's Office has cooperated fully with the ACLU. The high cost of insurance may stop those who have some assets but who may not be able to pay the high fee andt the more controversial the item, the higher the cost of insurance. He feels this is unreasonable prior restraint. Organizations must be indigent and sign off on a hold-harmless agreement if their fee is to be waived. No one really knows what the extent of liability might be nor the extent of supervision that might be needed. Those desiring to hold a parade who have assets of their own would be ill-advised to sign a hold-harmless agreement. They feel this is also unreason- able prior restraint. If additional police are requiredt the cost for their services may be levied but if the applicant is indigent, there is no cost. These costs are the City's responsibility for those exercising their rights to free speech. He gave a similar example of the City's traffic control at Autzen Stadium during the football season noting that costs for police are not levied against the University during those times. If the ordinance as written is still constitutionally defective, he would urge them to consider these items carefully. Mike Goldstein, 848 West lOth Avenue, stated that he was from the National Lawyers' GUlld and they had distributed a letter previously. He feels this is better than the previous version but it is still unacceptable, although the City Attorney's Office has been very cooperative. Their major areas of objection are the cost of insurance and payment for police costs. He feels that requiring tne applicant to pay money or assume liability could have a negative effect on whether one chooses to use one's First Amendment rights. He feels the scope of . MINUTES--Eugene City Council July 27t 1981 Page 3 prohibitive activity should not have greater restrictions than ordinary activi- ties. He suggested a restriction should be as narrow as possible in defending . specific interests such as traffic. He opposes adoption of this ordinance. There being no further testimony, public hearing was closed. Mr. Sercombe stated that the law is grey as ~o what the City can do. In regard to Mr. Guldin's suggestion of one all-encompassing permit, there could be problems with events that have been scheduled previously. The mall permit applies only to gatherings on the mall. Insurance costs can be waived. The hold-harmless agreement is primarily to remind event sponsors and organizers of their duties. Police costs, particularly in the case of commercial events which require overtime costs to the City, should be reimbursed to the City. This is not an attempt to bankrupt anyone nor to prohibit First Amendment rights. Parades will have no greater restrictions than other special events. No t h i n gis' required for parades involving fewer than 100 people which take place on side- walks. The parade permit applies to large events requiring traffic management. Ms. Smith stated she could either vote now on this item or could ask staff to develop different language. Ms. Miller stated that she would like to have this item set over for further work on the ordinance. Ms. Wooten noted agree- ment. Consensus was to have this item brought back at a later date with more specific language. Ms. Smith stated that she would like to have the speakers' suggestions addressed regarding insurance and p~yment for police. Ms. Miller stated that she feels the City Attorney's Office has done lots of work on this ordinance and it is an improvement over the current ordinance. The changes that have been made are e good, but there are others to be made. She said that some changes just came out on Friday. People who do not have the latest version are addressing a different ordinance. There has not been adequate time to review the new proposal. She said that regarding insurance and indemnity provisions, Mr. Sercombe had stated that there was no difference from the current ordinance. Perhaps there should be something noted stating common law negligence. In regard to police costs, she would like to hear from the police on what costs are involved and see if there is a difference between parades charging admission. She said there should be better coordination between the mall use permits and parade permits. This needs review. c Ms. Wooten stated that she would also like more details on how the City averages costs for extra police services and what kind of history there is on costs for police services for various groups. She would like a one-year history. She also would like to know if issuance or denial should rest with the police or with the City Manager's Office. Times specified in the ordinance to not allow parades should perhaps be reconsidered for Saturdays and Sundays. She woul d also like to know what IIreliable informationll consists of. She feels this should be clprified. Mr. Obie said that when this comes back he would like a memo stating why there are parade permits. He would like to know if Mr. Sercombe could consider exempting those that are political in nature. Ms. Smith said that'she would like copies of the ordinance presented with various options for change so the council can make the decision. e. MINUTES--Eugene City Council July 27, ~981 Page 4 "' - --- --- Ms. Miller moved, seconded by Mr. Obie, that this item be held . over indefinitely until the ordinance is rewritten. Roll call vote; motion carried unanimously. Ms. Miller stated that she hoped this could be brought back in September. B. Emerald Canal Feasibility Task Force (memo, agreement, and additional information distributed) Mr. Lindberg stated that no staff member is present who is familiar with a number of the technical points regarding engineering and waterways. However, Jerry Diethelm will speak in favor of the item and would be able to answer those questions. Mr. Lindberg stated that he is introducing this item because this notion has been around the city for almost 100 years. In the last three years, a group that has brought it forward to the elected officials for consideration of creation of a task force. Most observations have been positive although many see this as a IIdream.1I He has been one of the few officials who have indicated there are questions before progress can be made. The task force could answer them. The questions in his mind are: 1) is this project affordable to the City and the taxpayers and is it wanted; 2) will it disrupt neighborhoods in other areas--there needs to be a refined analysis of possible negative impact; 3) the process should be refined to make sure its solutions to flood plain problems are equal to or greater than other solutions; and 4) how this will affect the quality of life. Consideration should be given to the effects it could have on downtown revitaliza- tion, new downtown housing, neighborhood corporations, parks and recreation . activities, and use of the canal as alternative transportation. The Emerald C an a 1 is a dream and a concept with the possibility of becoming feasible, but it needs community direction with a connection to Eugene and Lane County. Consider- ation should be given to whether this action would be a prudent move under current economic conditions. One cannot leap into this project to see if the City wants to move forward, since it cannot immediately. No City budget nor City staff support, except to help coordinate two public hearings, will be necessary. Those expenses will be shared ~ith Eugene and Lane County. He has received letters from the Army Corps of Engineers and Senator Hatfield indicating that there is a good likelihood for $50,000 for staffing this project. John Ingle, L-COG, stated that he and Cynthia Solely were members of the Emerald Canal Housing and Economic Impact Analysis Team. They distributed a publication. At this point, it is an analysis rather than a debate. L-COG is doing the study with the HUD grant. The purpose of the study is to identify and provide infor- mation on land use and to minimize and assign costs. A public hearing could be held later. Objectives of the study are: 1) to provide baseline data on recent housing, business, and land-use trends; 2) to protect existing conditions and historical trends to the year 2000; 3) to assemble information on how construc- tion of the canal would change the area; and 4) to assess the canal-induced ch anges . They have dealt with staff and officials to develop various scenarios, and have identified impact areas that warrant further study consideration and have developed two canal scenarios. They have compared the differences between the . two canal scenarios in light of recently adopted community goals and policies. MINUTES--Eugene City Council July 27, 1981 Page 5 The project was further aided by the professional observations and comments of . an advisory committee representing City Planning and Housing and Community Conservation staff, representatives from the West University Neighborhood Association, and the University of Oregon. The area through which the canal would be built is a zone of mixed urban uses: regional and community retail; business, professional, and residential support services; and housing that would be primarily multiple-family. This will function as an interface between the Central Business District, which is the region1s commercial core, and an older residential area, the West University Neighborhood. As the economy becomes more service-oriented, people move closer to the downtown area, and retail activity increases to meet the needs of downtown residents and employees which will cause the commercial core to expand both upward and outward. This should be expected to cause the study area to capture a sizea~le share of the region's projected employment and population growth. Although the results are still in a preliminary form, there are several initial conclusions that can be reported which should provide some direction for future decisions about the canal. He said the canal has the potential for stimulating the increased opportunities for downtown living through a process of eliminating low-income housing and replacing this former housing type with medium- and high-density development along the path of the canal. The construction of the canal and induced development could help to refocus the location of new housing construction in the area which 'f/ould have otherwise been confined to areas outside the proposed canal area. The canal may also serve to focus commercial development and encourage redevelopment southeast of downtown. Within the canal construct ion area, commerc i a 1 deve 1 op:nent may be as much as 50 percent greater than without the canal. The extent to which the public is involved in, for . exampl€, financing schemes and design standards, will be a major factor in the success or failure of the project to meet public housing and commercial redevel- opment needs. Whether tne preliminary findinqs will follow the pattern of development or not, additional information is needed in the areas of market analysis; the potential demand for housing, retail, and office space adjacent to the canal, and whether it would be a relocation of development that would have otherwise occurred elsewhere in downtown or in Eugene; and development mecha- nisms--the role the public sector could and shoula play to encourage development consistent with public policies, the potentials of various financing sche:nes, the advantages and disadv,antages of a special development district, community development corporation, design review committee, etc., might have. Public hearing was opened. Commissioner Jerry Rust, 2410 :V1adison, stated that the Lane County Cornlnissioners are 1n favor of the Emerald Canal project. He distributed materials to the council. Various benefits to the public from the project would be: flood control, improvement of water quality, and improvement of environlnental health. Commissioner Rust indicated that a memo had been received from John Stoner, Lane County Environmental Health IVlanager, \oJho stated that mosquito-producing areas would be reduced, rodent areas would be eliminateJ, and stagnant and organic waste in the channel would be elimil1dteJ. He said other benefits would be irrigation, recreation, urban development including housing opportunities, and a potential for hydroelectric generation that is being sought by several agencies including Lane County. Lane County standas behind this project and . will try to assist in the development of a joint commissioh with appropriate ~INUTES--Eugene City Council July 27, 1981 Page 6 ordinances and eventual zoning to implement the plans. They would like the . feasibility cost analysis to take place as soon as possible. The Emerald Waterways Committee has assisted the commissioners and they would like to see this project occur and to join the City to work together and move forward on the project. Commissioner Scott Lieua11en, 1054 Van Buren, urged the council to create a task force to examlne the lssues raised by the cltizens group promoting the canal. The Lane County Commissioners went on record today in unanimous support of this project. Due to the County's difficult financial situation they cannot commit staff or funds, but there are other possibilities for funding and staffing. The issues could be examined. He urged the council to consider formation of ~nd support for a task force. He assumes the County will do likewise in the near future. David Rowe, Director of Campus Planning for the University of Oregon, stated that he had been asked by President Olum to convey the University's enthusiastic support for the creati~n of the proposed task force to undertake the further study of the Emerald Canal. The Eugene Millrace is an important element in the University's history. The University is excited about opportunities to enhance the Millrace and the possibilities for its return as a significant feature of the landscape in the community. The proposed agreement before the council recognizes the concrete benefits which Commissioner Rust outlined. The Univer- sity feels these outcomes are desirable. They feel this will help to create opportunities for the quiet, simple reflection that is essential to the rejuvena- tion of the human spirit in illnidst of an increasingly cOlnp1ex urban way of life. . Mr. Rowe continued and stated that the University has some specific observations and suggestions that the task force might consider. First, the University pumps Millrace water directly into its chilled water lines, bypassing the fuel-fired, steam-driven chillers during the months that natural water temperature makes the practice feasible (normally October through April). If the increased water flow would result in reduced temperature of Millrace water, it might be possible to extend that period of time by one month in both spring and fall, which would result in savings of energy consumed to operate the chillers. They estimate the savings could amount to about 12,000 barrels of Bunker "C" oil or 10,025 units of hogged fuel in that two-month period. Second, the re-estab1ishment of the natural flow of water from the river into the Millrace would permit the Univer- sity to discontinue the use of its pumps which are now the sole means of bringing water into the stream, saving about 25,000 kilowatts per month. Third, inclusion in the study maintenance of the natural shoreline in the phase of increased water flow. Fourth, inclusion in the design of the system a mechanism to stabilize the water level in the stream, which will help prevent denuding the banks of the channel. Fifth, to study methods of trapping debris from the storm drains which drain into the Millrace, to reduce suspended silt in the waterway. Sixth, to give a high priority to a thorough analysis of the canalIs impact upon the supply of reasonably priced housing and consider that construction not adversely affect student housing opportunities. Seventh, to include the Univer- sity of Oregon to the list of agencies with which the task force is mandated to consult, and appoint an institutional representative to the task force so that any adjustments in facilities and operations can be coordinated with the Univer- sity's other needs and planned well in advance. The University wants to publicly . express pride in the leadership that certain individual faculty and students MINUTES--Eugene City Council July 27, 1981 Page 7 have provided in the development of the Emerald Waterway concept using acadenic excellence with a com~itment to public service. They believe that further study . of the waterway is in the University's best interest as well as in the communi- ty's best interest, and they pledge institutional support and participation in such an effort. , Catherine Lauris, 1240 East 18th Avenue, stated that as a member of the, Execu- tlve Board of the Emerald Waterways Cltizens Committee, Inc., she urges the council to authorize the creation of a feasibility task force to work closely with the City Manager, the County, and Springfield to refine the data necessary to move the Emerald Canal closer to reality. The committee has completed enough ~reliminary studies, notably the Army Engineers Flood Control Study and the Solie-Ingle's Economic Impact Research, to be convinced that advantages will result from the canal as noted by previous speakers. Flood control and the safety of life and property, the quality of downtown, both aesthetically and economically, provision of a stimulus for the local economy and a complement on the south side of downtown for what the auditorium appear~ to be doing for the north side, and stimulus of construction of downtown resfBential areas which can protect low-rent housing that already exists in the area between downtown and campus are the main advantages that she sees. The committee is concerned that inexpensive housing will disappear, displacing students and the elderly. However, in light of the current depressed economy and the scarcity of pUblic funds, this may seem an unwise and impractical time to promote such a grand undertaking as is proposed. But, she feels this is an ideal time to make plans and to be ready to move when the economy ~oves again, or when public funds are available for local emplo~ent as was the case in San Antonio, Texas, where they have a canal through the center of their city and it is a tourist attraction. . The canal in San Antonio was planned in the Depression of the 1930s and public moneys were received to construct it. Dr. Robert Clark, 2105 Hubbard Lane, stated that he came to Eugene when the Millrace was a free-flowing stre~n that was clear and beautiful. The proposed canal could become a project that could beautify the city. In the first 75 years of the Millrace, it was used for practical purposes for industry. One millrace was phased out in the 1940s when Franklin Boulevard was constructed and a flood broke the diversion dam in the river and destroyed parts of the revet- ment wall, causing the stream to lose most of its beauty and utility. Fortu- nately, the University has been able to maintain a minimum flow of water through the old stream bed, both to protect the traditional aesthetic value of the Millrace and to provide water for cooling its heating plant. It is possible to join the aesthetic and the practical, the cultural, and the economic values to the great advantage of the city as would occur is this canal project were done. The first step is to create the Emerald Canal Feasibility Task Force to determine the facts and to see if the project is feasible. Jim Saul, 278 Eleanor, stated that Councilor Lindberg had outlined the essence of this project. The canal is a concept that has been presented and well- received by industry, individuals, institutions, and agencies. Substant i al questions remain whether it will become anything more than a concept. A task force would offer a vehicle to address the questions. He urges the council to adopt the process of creatinq the task force. . MINUTES--Eugene City Council July 27, 1981 Page 8 - ------ . Sarah Mahler, 1588 Patterson, stated that she has been chairperson of West Unlverslty Nelghborhood, and she is speaking as an individual for the Emerald Waterway. The City and the task force should consider the economic relationship between the Emerald Waterways system cost and the West University Neighborhood. The cost should not be borne by only those living in that neighborhood since the benefits will not be restricted to that neighborhood. Richard M~igs, 303 Fairway Loop, stated that he is chairperson of the Economic Development Commission of the Downtown Development Board, and Ray McIver of the Eugene Downtown Association has requested that he also speak on his behalf. The interest and enthusiasm for this project are widespread in the business com- munity. T~is could have a qreat effect on life in Eugene and greatly enhance programs. Much volunteer labor and energy has brought this to the council and it would be discouraging if it were not accepted now. John Callicrate, 3065 Firwood Way, stated that he is a public health profes- slonal and feels that this is a unique idea for a fine waterway. The canal now poses a public health problem with animals that transmit disease. He would appreciate the aesthetic quality that would occur if this project were undertaken. Following the break, Councilor Haws left the meeting. Speaking in opposition: Frank Sparrow, 1568 West 24th Place, stated that he is against this project. He . has contacted the Army Corps of Engineers because he has concerns about the high water table. They feel there is a possibility that water could seep into basements of homes near the canal because of the low water table. He asked if suit could be brought against the developers of the canal if it were completed. Mary Kay Crumbaker, 1031 Mill, stated that the council had received a letter from her and attached to her letter is a copy of a letter from the Office of the Army Chief of Engineers. In paragraph 3 of that letter, it states that investi- gations, such as that regarding the canal are based on an economic evaluation of the benefits and cost of alternatives. Preliminary results of the study indicate that from a flood control standpoint, the Emerald Canal concept was not economi- cally viable. Ms. Crumbaker is concerned about the econolnic feasibility and feels that the display model is misleading and inaccurate. The model does not show churches torn down; professional offices, banks, and housing torn down; streets cut off; or telephone and utility lines moved. Likewise, there is no evidence of the high steel fences required along the waterway to prevent accidents. Also, there is no traffic dislocation shown from the cutting off of 12th, 14th, and 16th avenues. She feels the bridges on 11th, 13th, and 15th avenues will have to be very large to carryall the traffic. She is unwilling for any taxpayer's money to be used to encourage destruction of what is currently economically productive. She feels that considering such an idea should be tabled indefinitely until the economic condition of the United States, Eugene, and Lane County might possibly support such a vast expenditure of money and the economic dislocations that will occur. . Guy DiTorrice, 146 Calu~et, distributed pictures to the council: He stated that he lS aga1nst th1S because he does not support the total wording of the resolu- tion and is concerned about the economic aspect. He works with Citizens Bank of MINUTES--Eugene City Council July 27, 1981 Page 9 , Oregon and does not expect economic recovery to happen soon. There are some operational concerns that also need to be dealt with such as the economic impact . on Eugene. He just returned from a trip from the Riverwalk project in San Antonio. He feels a project like this cannot be done without cooperation between public and private sector; intense intergovernmental cooperation must occur and a comprehensive analysis of financing should occur. Without these factors, the project in San Antonio would not have occurred. Vehicular and pedestrian traffic ~ust be considered. He feels the level of staffing support and funding should be determined prior to approval of this resolution: A financial commitment is necessary. Laverne Edwards, 1260 President, stated that she is protesting another committee being fonned in the City of Eugene. There are no staff notes available to the public so there is no way of knowing what is being voted on. She resents the fact that the Emerald Canal group contacted other groups without going to the public. She resents the fact that L-COG has been involved. When HUD grants are available, they are processed through L-COG. With Mr. Rosenthal on the board, it is difficult to achieve impartiality. She added that there has been higher crime in San Antonio since their canal was built. The canals in Europe are for commercial purposes, and they have had problems with them, especially in Yoder. This project cannot be compared to the other canals: She asked if the cost of staffing and attorney's fees to the community have been discussed. She also asked about the financing of the Metropolitan Wastewater Plant. Joint >committees between agenc i es do not seem to be work i nq too well. Property condemnation and legal battles, as well as traffic disruptions, need to be considered, especially in light of the MWMC traffic disruptions. Costs would be high. This is a fine dream, but costs should be considered. This would reopen a culvert closed by . previous City Council action so that the City could pave streets. She feels that additional consideration should be gtven to this ite~ and the disruptions ,it would cause. However, if a committee is formed to study this project, it should be balanced by those for the project and those against so that a compromise can be reached. She would like to see staff time for Xeroxing and other areas of support available for both sides. In the downtown area, the only serious effort has been on the Eugene Performing Arts Center. Since there were no other speakers in opposition and additional time remained, the chair ruled that additional speakers in favor could speak. Jay Goldstein, 1210 West 13th Avenue, stated that he had written a letter to the counc i 1 . He feels this had been a visionary project, but he feels that it is now an idea whose time has come. There are broad benefits and diverse groups involved in this project. The care taken in planning to include neighborhood groups has been very good. He urged that the council share the vision of what the canal could do. Donald Zadoff, 2375 University, stated that the mall is very attractive, but it needs people on lt who are attracted by the amenities and the canal would attract more people. The mall should be a place of congregation for people to shop and to be entertained. The potential for downtown housing would bring life into the mall and make it a place to be proud of. He feels this project would enhance the commun ity. Mr. Haws returned to the meeting. . MINUTES--Eugene City Council July 27, 1981 Page 10 I " , Jerome Diethelm, stated that he is co-chairperson of the Emerald Waterways . Citizens Committee, Inc. He distributed letters to the council from Goodwill Industries, Hugh Pritchard, Jean Tate~ Tom Wildish, Bruce Anderson, Garritt Rosenthal, and the Federal 208 Waterway Quality Program. He also received a letter from Joanne and Scott Sloan of 345 Potter, as well as receiving corres- pondehce from Patrick Keogh and Senator Hatfield. He, feels the moneys generated from this project could be used in Eugene. There is broad base of support. The project would unite many people and jursidictions. He feels it should be examined. There are economic benefits as well as a chance to generate power-- perhaps as much as $1 million. He hopes City policy will determine who will live downtown. It seems that this project is possible economically, in spite of the d~fficulties, and waterways are most beautiful. He urged creation of the task force. Since' no additional time remained, Tom Anderson, Kirsten Jones, and Jay Rood were unable to speak in favor. Ms. Wooten stated that she had received a letter from Deirdre Malarkey of the Historic Review Board. The board would like to be one of the groups involved with working on this project and she asked if that is possible. Mr. Lindberg respo~ded that he would accept that as an amendment and would include the Historic Review Board and the University as groups to be involved. Ms. M'i1ler asked how much this would cost. She said there will be some staff time involved. Minutes will have to be kept and published if this issue is subject to the open meetings law. Mr. Gleason responded that there will be no . formal staff assistance. The work programs of Planning and Public Works would not allow it at this time. Staff assistance would be similar to what has been done with the 4-J school closure issue. There is no possible way to assess the costs involved at this time. He does not anticipate including it in the work programs unless directed to do so by the council. Ms. Miller asked who would be in charge of agendas and minutes. Mr. Lindberg stated that the committee would comply with the statutes if they gave public meeting notice and kept the minutes themselves. Mr. Sercombe stated that any groups reporting to the council are subject to the Oregon Open Meetings Law, but they could give public notice and keep their own minutes; however, he would like to look at this item again. Ms. Miller stated that if these groups were delegated those responsibilities, if there would be any City liability if staff were not available to oversee them. , , Mr. Sercombe stated that if their meetings were found to be in violation of the law any action they had taken \'/ould be declared invalid, which might cause them to have to hold the meeting over again. Ms. Smith asked what role L-COG would play and asked if they could give assis- tance. Mr. Gleason stated that he has not talked with their director. Ms. S~hue stated that as chair of the L-COG board, she would like to clear up some misunderstandings. The L-COG board has not taken a position on this issue. It is their obligation to offer technical expertise and assistance in obtaining grants. Mr. Rosenthal has b~en interested in this, but comments he has made are his personal opinion as a member of the citizens committee. , , . Mr. Lindberg stated that he had received a letter from the Springfield Utility Boardl and they have made an application to the Federal Energy Regional Commission MINUTES--Eugene City Council Jul y 27, 1981 Page 11 at Fern Ridge if the waterway is completed. They would like to participate. Ms. Wooten asked if the $50,000 is to provjde technical assistance or staff. . Mr. Lindberg stated it is for phone expense and for staff to consult with the community. Ms. Wooten stated that she is somewhat concerned about the issues Ms. Miller had raised. She \'Iou1 d 1 i ke to see the item pursued to see if the cost and the benefits would make the project worth pursuing. i\1s. Wooten asked if the resolution would include adding the Historic Review Board and the University of Oregon in Section 4 of the agreement. iv'lr. Lindberg indicated that it would. Res. No. 3554--A resolution authorizing execution of an agreement with Lane County, Oregon, for creation of an Emerald Canal Feasibility Task Force as mnended to include the Historic Review Board and the University of Oregon in Section 4. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Ms. Miller stated tnat staff time should be monitored and time should not be taken away from priority projects already under way. She also added that in San Antonio, Federal dollars were received for the project, but they would not be available for Eugene. Mr. Hamel stated that this is the second time the University has corne to the council requesting that the Millrace be opened. It did not last long the way the University proposed it before, but he hopes those against would stand witl1 him. He will support the resolution but not the construction of the canal. . Roll call vote; motion carried unanimously. C. Public Works Bid Aw~rds (memo distributed, tabulations attached) Mr. Gleason introduced Bert Teitze1, Public Works. Mr. Teitze1 stated that there are two projects and that Bid 4 would be taken first. l. Paving and sidewalk on Todd Street from West 18th Avenue to 500 feet south of Ellen Street; and on Ellen Street from 85 feet west of Buck Street to 100 feet east of Coventry Way (1931) Mr. Teitze1 stated that this was initiated by a 64.3-percent petition of the property O~'Iners. A neighborhood meeting was held regarding the opening and paving of Ellen Street. There are three options: paving and sidewalk on Todd Street only; paving and sidewalk on Todd Street and Ellen Street from Buck to Coventry; and paving and sidewalk on Todd Street and Ellen Street from Buck to Todd a including bike path connector to Coventry. Staff recommends that the third option, the full paving project, be approved. Staff received responses from over 50 people. Twenty-nine owners were in favor and 28 were opposed. He showed a diagram of where the property owners lived who voiced an opinion. Most of those opposed to paving Ellen Street were in favor of the bikeway, however. A tour was held this afternoon with the council. Public hearing was opened. . MINUTES--Eugene City Council July 27, 1981 Page 12 I I Spea~ing in favor: . Abdulila Tarzaban, 2087 Todd Street, stated that the question is not whether to open Todd Street. It has always been open and is a dedicated street. Breeden Bros.', have paved one-half of the street from Ellen to Todd, so obviously it was meant that the street would ge open. Now the time has come to pave Todd and the other streets near it. Some residents who want to drive their children to schoo~ or go on the Brittany side have to go to 18th and deal with that traffic. This tan be very dangerous. There is not a safe method of going from Todd Stree~ to Brittany. There is no open avenue from Todd to Brittany Subdivision except for Ellen Street. Ellen is a dedicated street and for the council to close: it, there would need to be substantial reason. t Robert Dawe, 2005 Todd Street, stated that he has lived at the southeast corner of T09d and Ellen for 31 years. They have had serious problems in recent years because of dust from the unpaved portion of the street beside their house. Children pass through there on their way to school, and because the street is graveled, it results in rocks being thrown and that is dangerous. The house on the s$uthwest corner has had at least two windows broken. Access from Todd onto 18th ~uring rush hour is difficult. 18th has heavy traffic in both directions and access is difficult. Ellen has been a dedicated street since 1948-49, when it was platted. It is now time to open it. Those on Coventry and Brittany do not want it open because they do not want the traffic. All of them drive on all the streets of Eugene but do not want others driving past their homes. They seem to feel there will be hundreds of automobiles driving past their homes everyiday. However, they live on paved streets without gravel and have easy . accesS onto 18th with a traffic light. These are the same things that those who live qn Todd Street would like to have. John Hudson, 1933 Todd Street, states that he lives on Todd and sees the issue as beiing rather 11m1 ted--whether Ell en Street shoul d be opened. There is a school on the west side of Brittany and there is no access to the west side of Todd ~or the Westwood Subdivision and the easterly area except through Ellen. There ,is only one light at 18th in that area and that is at Brittany. Access with ~ light would be important as traffic increases. He is concerned that traffit may increase, but he feels it will be beneficial to the people on the whole :to have it paved. I Paul B',irch, 2090 Todd Street, stated that he and his wife are two of the four origin~l residents of Todd Street. Public Works has provided documentation for opening Ellen Street. He agrees with Mr. Tarzaban and Mr. Oawe. There is one issue to be considered: Are public streets for private concerns of some, or for the convenience of the general public. I Speaking against: Brad Krueger, 2015 Coventry Way, stated that he is opposed to paving Ellen Street~ but is in favor of the bicycle, pedestrian, and emergency access. There is not! a petition for Ellen. There was one, but it was withd~awn at the May 6, 1981, staff hearing. Fifty percent of the residents on Ellen are in favor. Opening Ellen will improve traffic safety. Improved access encourages traffic which is against the T-2000 Plan. He does not see the left-turn situation onto . 18th a~ different from many others on 18th. The question is whether the overall MINUTES--Eugene City Council July 27, 1981 Page 13 planning is being subverted by looking at too small 3. picture. He feels this should be compared with the traffic diverter situation. If Ellen were already a . through street, they would probably be in front of the council requesting a diverter. Max Reck, 1996 Todd Street, stated that he opposes opening Ellen. They have lived on Todd Street for almost 29 years and opening Ellen could create problems because af the slope. They feel it is safer to leave Ellen closed. Younq children use ~his as safe access to get to school and children play in that area. The street which this would open into, Conventry, is not designed for heavy traffic. They were not approached by those with the petition, hut they would be some of the owners that would have to pay. They are looking forward to retiring, but if this project qoes through now, they will nave to pay about $10 , 000 . Gary Schwieger, 2000 Coventry Way, stated that he preferred the alternate of building a pedestrl?n walkway or bikeway. He owns a house at the base of Ellen Street. Stopping conditions at 25 miles per hour under ideal conditions for a vehicle are 60 to 70 feet. From the east side of the sidewalk to his house, it is 72 feet, which means that with the descending grade, cars on icy mornings would end up in his yard. He feels the portion of Todd Street should be paved to Buck Street and a bike path should connect to Coventry. Verna Paynter, 2069 Coventry Way, stated that this morning she sat fr~J'n 7:30 to 8:50 at the corner of Todd and 18th. Thirty-four cars passei at an average time of 5.6 seconds per car through the intersection. At the light, 31 cars passed through with an average wait of 8.8 seconds. Three turns and one yield would . add six seconds, which is worth the safety of a child1s life. Cassandra Schaecher, 1930 Coventry Way, stated that safety is ~er concern. She feels the children should be protected. There are 19 children under the age of 12 on her block. That area is so curved that a safe crossing is nearly imposs- ible and adding more cars with more development should not be done. Cars are not always obeying the speed limit. ~OW, a volunteer crossing guard is needed at one end of the street, whi~h points out the danger of the situation. She urged that there be only a pedestrian/bike path. Bill Barren, 1993 Coventry Way, stated that owners of property on the 3400 b18Ck of Coventry were nof approache-d by the pet it ion process, but they are affected property owners. He only found out the City had plans recently when they did tne survey and then he received a letter reqarding the meeting in May. If 50 percent of the owners in the block want the street paved, then it will be. None of the owners in the 3300 block wer.2 approached, and they dt'e all opposed. Ellen Street is steep and visibility is poor. He does not think that area will be safe with 300 cars ~er day going through it. Seventy-five to 80 children use that street during the summer and ,nore than that use it duriw.J the school year. He feels a bike path would be,safer. Tom Meehan, 1979 Coventry Way, stated that frryn the staff study, there will be over a lOO-percent increase in traffic. rhis is a local residential street and it was not designed for heavy traffic. There were cars ~arked on the street today when the counc il took its tour and that was des igned to show the counc il what it is like when cars are parked on the side of the street. It is designed . ~INUTES--Euqene City Council July 27, 1981 Page 14 .- to be a quiet residential street. There are alternatives available. He feels . the second option is the better one. There being no further testimony, public hearing was closed. Mr. Teitzel stated that the petition was submitted mainly by property owners from Todd Street with two owners on Ellen Street. It is a 64-percent petition, but less than 50 percent of the owners on Ellen Street want this to occur. Staff recommends that the council should award the project. Mr. Obie asked what percentage of those owners on Ellen Street requested the paving. Mr. Teitzel responded about 40 percent. The petition is from those east of Todd on Ellen Street. Ms. Schue stated that it is a priority with LRAPA for the City to pave gravel streets to reduce pollution. She asked how this project falls in their priority 1 i st. Mr. Teitzel stated that it is not on the list of streets which create significant impact. Ms. Schue asked if this is because it is such a short st reet . Mr. Teitzel responded that that is one reason; the other is the small amount of traffic. Mr. Obie stated that the council has looked closely at this project, and they are aware of the slope of the street. The arguments on both sides are valid. The street is existing and platted and that is a strong argument. The dust problem is also a good argument. However, the arguments on the other sides are more compelling. He feels the alternative of vacating the street and putting in . a bike path would solve the problem. The safety elements are real. The slope of Ellen for three blocks must be a concern whether the day is icy or not. The safety of children is important. Alternative routes are available. For going to the school; if a bike path were installed, children could be dropped off at Ellen Street and Todd. Those most directly affected on Ellen Street should be listened to. He would be in favor of option 3--paving Todd east of Ellen with a bike path between Todd and Coventry. Mr. Hamel stated he had gone on the tour this afternoon and College Hill and Spencer Butte both have steeper grades than this street. He feels the concerns of the City, LRAPA, and DEQ should be heeded and the street should be paved. Mr. Lindberg stated he does not feel it will make a really big difference if the street is paved or not. Although cars would increase from 200 to 500 per day, his street has 7,000 cars per day, and there are 17,000 cars per day on 18th. Either proposal increases safety concerns to some extent. The variation on time to get to school is minimal. He will vote with Councilor Obie since every neighborhood develops its own residents' habits of transit, and he sees no reason to develop streets to change residents. habits. He supports option 3. At a future date, this should be vacated to create a bikeway. Mr. Haws noted agreement with Mr. Obie and Mr. Lindberg on option 3. He feels the least should be done and that is option 3. He would support such a motion. Ms. Schue stated that she would like to see the street put through. She is not particularly impressed with the safety issue. Children can be taught to . walk on sidewalks, and schools can provide crossing guards. But City policy is MINUTES--Eugene City Council July 27, 1981 Page 15 to pave streets when it is requested by residents. There is no compelling reason to force people to pay for something they do not want. She would go with . option 3. Ms. Miller moved, seconded by Mr. Obie, to pave Todd Street and Ellen Street from Buck to Todd, including a bike path connector to ,Coventry. Roll call vote; motion carried 7:1, with Couricilor Hamel voting no. 2. Paving, sanitary sewer, and storm sewer on Country Club Road from 1-105 to Willagillespie Road, and on Willagillespie Road from Country Club Road to 300 feet south of Clinton Avenue; and storm sewer in area between Country Club Road and 1-105 (1697) Mr. Teitzel stated this was a council-initiated project, and this is the south half of the total project. The north half will be bid next year in coordination with the completion of that portion of the East Bank Interceptor. Public hearing was opened; there being no testimony, public hearing was closed. Ms. Miller moved, seconded by Mr. Obie, to award the low bid. Roll call vote; motion carried unanimously. D. Coburg/Crescent Special Area Study (memo, map and additional information distributed) Mr. Gleason introduced Jerry Jacobson, Planning. . I~r. Jacobson stated that the Coburg/Crescent Special Area Study area involves approximately 145 acres bf primarily vacant land north of Beltline Road, east and west of Coburg Road. The Metropolitan Area General Plan recommended that a node of medium- and high-density residential be established around a commercial node in the vicinity of the Cone-Breeden property just north of the designated Special Light Industrial site on the corner of Beltline and Coburg roads. The plan required that the establishment of this node be accomplished through a refinement planning process, which could be either publicly or privately initiated. Because of staff time and budget limitations, a publicly initiated refinement plan could be accomplished for several years. Property owners , approached the City with the privately initiated study. The concept of the study was reviewed by the Planning Commission and the council in late 1980. This is a refinement of the Metro Plan. The final draft is the result of input from City departments, citizens, and interested parties. Such factors as development standards, housing mix, open space, mass transit, and an urban-rural transition area were considered. The Planning Commission has recommended approval of this and the Cal Young Neighborhood Association supports it. Jim Saul, the consultant, is available to answer questions. Publi~ hearing was opened. Jim Saul, PO Box 1650, stated that Mr. Jacobson had given good background of the study. This will provide for a more precise definition and allocation of land use from the Metropolitan Plan and allow Cone-Breeden to assure the community that the objectives are being realized. The Coburg/Crescent Special Area Study . MINUTES--Eugene City Council July 27, 1981 Page 16 . carries out specifics of the Metropolitan Plan and provides a vehicle to resolve the debates in this area which have occurred for the past four years. He urges that the council adopt the study so that the developers can proceed. He i nd i - cated that Ruth Edwards had planned to testify but she had left the meeting. HU1h Riggs, 210 Hi11view Lane #1, states that there will be a bus route on Hl lview 1, into the Cone/Breeden area. There will be heavy traffic on this road which was built in 1958 for private use and not dedicated to the County or the City. This road was constructed by Wildish with overseeing by the County engineers. It has an underpinning base of light gravel, with a top of light blacktop. He asked if the City will take this road over, or if the County would. ~nother option would be if Cone-Breeden would. He would like to know who will maintain the road. Jack Dunn, 180 Hi11view #1, asked what this plan has to do with construction of the Cone-Breeden property. That street has a dead-end; is 20 feet wide and is paved with asphalt, which was built in 1958 to serve nine landowners. It is being shown as a loop system for LTD. If access is to be from Hil1view #1, into this development, he would like to see it. It would be impossible for LTD to turn north onto Coburg Road without blocking both lanes of traffic on Coburg. He asked who would have responsibility for bringing this road up to standards. Randall Hledik, PO Box 7428, stated that when this proposal was first brought to the City, they requested that the property at Coburg/County Farm roads be included in the study to consider it for new headquarters for Wi1dish Land Company. The request was refused. For six months, they have been working with . staff to determine how to address their problem. The land that they have at Delta and Greenacres does not satisfy the company requirements. Based on the zoning ordinance for light industrial areas, the request would probably not match the use criteria. They now have headquarters at County Farm Road and in Glenwood, but the headquarters in Glenwood is being shut down. The flood plan does not allow construction on the County Farm Road side, so they acquired land with County Farm Road access. During the 45 years Wi1dish has done business, they have created benefits for the community. Now they have a problem that they do not feel has a solution in the Metropolitan Plan. They are asking the council for assistance. There being no further testimony, public hearing was closed. Ms. Smith stated that she would abstain since Mr. Saul is a partner of her husband's in MUS Saul. Ms. Wooten noted that she also would abstain due to her intense involvement in this project over the past five years. Mr. Jacobson stated that in regard to Hil1view #1 and the use of it by LTD, LTD officials decided it would be good to have a loop system connecting Chad with Hi1lview #1, and the use should not be precluded, although the location would be examined at the PUD process. Jim Farah, Planning, stated that staff has been in contact with Wi1dish consul- tants. The issue before the council is not flooding nor the concept, but rather the Coburg/Crescent Study. Without detailed plans of what Wi1dish intends, . there is a possibility that their headquarters could go under the Community Commercial zoning or in a Special Light Industrial area with a maximum of five MINUTES--Eugene City Council July 27, 1981 Page 17 " acres. There is no clear understanding of what comparable offices mignt be, but they have tried to work with them. . Mayor Keller asked where the Wildish property is located. Mr. Gleason responded it is a quarter mile to the north of this. Don Allen indicated that Hillview Lane #1 is not City land but it could be County or a private dedication. The City would only take it over if it were annexed and up to standards. If it were an arterial, it could be taken. If it is acquired while it is unimproved, the improvements would be assessed to the property owners. Mr. Lindberg asked if the Wildish problem is solved. Mr. Farah responded that it is not. Mr. Gleason added that it is not in the purvey of this study, but their site is impacted by commercial designations in the study. Mr. Lindberg noted that he is concerned about Kinney Loop designation of RA since it is now proposed for R-2/10 zoning. He would prefer RA zoning being retained, since it is a very low-income area. Many of the residents there have attempted self-reliance programs such as raising chickens. R-2/10 zoning would not permit these activities. He hopes they can be accommodated. Mr. Jacobson stated that the Planning staff has received a wide variety of responses from the owners in that area, and the majority have indicated that they do not want to be annexed. The recommendation would be R-2/10 as a maximum zoning density, if the majority of the residents desired it. Mr. Lindberg asked if the residents could continue with RA zoning. Mr. Jacqbson responded that they could. Ms. Wooten stated that she was involved in discussion with this plan for a long time and feels this is the best compromise that could be reached to develop agricultural land within city limits~ She is concerned, however, about the cost . of proposed housing. low-income people are being displaced and building new units should be a high consideration. Mr. Hamel left the meeting. , Ms. Miller expressed thanks for those who worked to prevent misuse of agri- cul tura 1 1 ands. Overall, the Eugene residents should appreciate the work that has been done. Mayor Keller noted agreement. Mr. Lindberg noted agreement and indicated that he is still concerned about Kinney Loop; but since they were outside the city limits, he was told they were not consulted. Mr. Jacobson responded that on several occasions, letters were sent to all property owners and res i dent s . Mr. Saul attended a meeting of residents on Kinney Loop, and they were contacted by the consultant, which is noted on page 28 of the plan. Ms. Wooten agreed. Res. No. 3555--A resolution adopting the Coburg/Crescent Special Area Study refinement of the Metropolitan Area General Plan. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried 5:0 with Ms. Smith and Ms. Wooten abstaining. E. Ordinance Adopting the 1979 Uniform Fire Code (memo and ordinance distributed) Mr. Gleason indicated this item (CB 2342) would be held over to July 29, 1981. . MINUTES--Eugene City Council July 27. 1981 Page 18 II. ORDINANCES FOR SECOND READING e A. Approval of Hearings of Assessment Panel Minutes of July 20, 1981 (distributed) Ms. Miller moved, seconded by Mr. Obie, to approve Assessment Panel minutes of July 20, 1981. Roll call vote; motion carried unanimously. B. Levying of Assessments CB 2317--An ordinance levying assessments for storm sewer north of Cal Young Road from Fir Acres Road to 450 feet northwest (within and adjacent to proposed Craviotto-Stratton subdivision) (80-57) Mr. Gleason noted that Council Bill 2317 would be held over for a future Hearings Pane 1 . CB 2330--An ordinance levying assessments for paving, sanitary sewer, and storm sewer to serve Flatbush Second Addition; and paving Terry Street from Roosevelt Avenue to 300 feet south; and bridge over A-3 chanel at Terry Street (80-21). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18836. e CB 2331--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within and adjacent to Birdnest Subdivision; and sanitary sewer within 160 feet of the east and west boundaries of Birdnest Subdivision (80-33). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18837. CB 2332--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within Okita Subdivision; and sanitary sewer within 160 feet of the east boundary of Okita Subdivision (80-39). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18838. CB 2333--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within and adjacent to Laura's Subdivision (80-41). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18839. - MINUTES--Eugene City Council July 27, 1981 Page 19 ---- CB 2334--An ordinance levying assessments for paving, sanitary sewer, and e storm sewer within and adjacent to Raindrop Ridge Subdivision (80-42). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18840. CB 2335--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within Sweetbriar Second Addition; and sanitary sewer to serve within 160 feet of the north, south, and east boundaries of Sweetbriar Second Addition (80-43). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18841. CB 2336--An ordinance levying assessments for storm sewer within Cal Young Road and Sharon Way from Woodside Drive to 810 feet east (80-63). Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18842. III. PAYMENT OF BILLS AND CLAIMS (distributed) e Res. No. 3556--A resolution authorizing payment of bills and claims for the period July 13, 1981, through July 27, 1981. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. The meeting was adjourned to July 29,1981. Respectfully submitted, .....1' ~~- Micheal D. Gleason City Manager (Recorded by Lynda Nelson) MDG:LN:kb/CM7a1 e MINUTES--Eugene City Council July 27, 1981 P ag e 20 " " r,;. ,~ , h ,- DEPARTMENT OF PUBLIC HORKS Engineering Division . BID NO.: 3 Opened: July 24, 1981 f 1- PAVING, SANITARY SEWER AND STORM SEWER on Country Club Road from 1-105 to Willagillespie Road, and on Wi1lagi11espie Road from Country Club Road to 300 feet south of Clinton Avenue; and storm sewer in area between Country Club Road and 1-105 (Phase I)., Job No. 1697 Bidders A~IARD 1. H & J Construction Co. ------------- 2. Morse Bros. Contractors, Inc. ------ 3. W. R. Thomason, Inc. --------------- 4. Eugene Sand & Gravel --------------- 5. Hildish Construction Co. __u____u_ Amount Cost to Abutting Property Cost to City Budgeted 36-Foot Paving ------- $ 30.l5/FF $303,000.00 $166,890.00 (331) 5-Foot Sidewalk ----- $ 8.35/FF 5-Inch Concrete Drive $ 1. 86/Sq. Ft. . 7-Inch Concrete Drive $ 2.18/Sq. Ft. Cost to County Asphaltic Cone. Drive $ 1.0u/Sq. Ft. Sanitary Lateral $ O.OS/Sq. Ft. $250,000.00 Sanitary Service $ 780.00/Each Storm Sewer Dire c t (va r i e s ) COMPLETION DATE: September 1, 1982 '. Page 1 of 1 " , ,. DEPARTMENT OF PUBLIC WORKS Engineering Division BID NO. 4 Opened: July 21. 1981 . PAVING AND SIDEWALK on Todd Street from West 18th Avenue to 500 feet south of Ellen Street; and on Ellen Street from 85 feet west of Buck Street to 100 feet east of Coventry Way (Job #1931) A. Todd Street only I Bidders Contract Cost Cost to Abutting Properties l. Wi1dish Construction Co.----------- $ 83,536.23 281 Paving $ 3l.90/FF 2. Morse Bros. Contractors, Inc.------ 84,708.50 4" Sidewalk 1.30/SF 3. H & J Construction co.-----------~- 84,900.00 5" Cone. Drive 2.l0/SF 4. Eugene Sand & Gravel, Inc.--------- 88,540.75 Aspha It Dri ve O.76/SF Cost to City - 0 - B. Todd Street and Ellen Street from Buck to Coventry Bidders Contract Cost Cost to Abutting Properties AWARD l. Wi1dish Construction Co.----------- $ 1 03 ,008. 72 281 Paving $ 31.10/FF 2, Morse Bros. Contractors, Inc.------ 1(')4,869.45 4" Sidewalk 1.44/SF 3. H & J Construction Co.------------- 104,991.90 5" Cone. Drive 2.10/SF 4. Eugene Sand & Gravel, Inc.--------- 108.591.85 Asphalt Drive 0.76/SF Cost to City - 0 - . C. Todd Street and Ellen Street from Buck to Todd (including bike path connector to Coventry) . Bidders Contract Cost Cost to Abutting Properties l. Wi1dish Construction Co.----------- $ 99,664.68 281 Paving $ 31.75/SF 2. Morse Bros. Contractors. Inc.------ 100,793.75 4" Sidewalk 1.40/SF 3. H & J Construction Co.------------- 102,242.00 5" Cone. Drive 2.10/SF 4. Eugene Sand & Gravel, Inc.--------- 105,707.64 Asphalt Drive O.76/SF Cost to City -0- '- COMPLETION DATE: October 31, 1981 .