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HomeMy WebLinkAbout03/14/1988 Meeting (2) ~ ~ ~ e M I NUT E S Eugene City Council City Hall--Council Chamber March 14, 1988 7:30 p.m. PRESENT: Freeman Holmer, Ruth Bascom, Robert Bennett, Debra Ehrman, Jeff Miller, Roger Rutan, Emily Schue, Cynthia Wooten. ABSENT: Mayor Brian B. Obie. Council President Freeman Holmer called the regular meeting of the City Council of the City of Eugene to order. I. PUBLIC FORUM Mr. Holmer gave an opportunity to those who wished to address the council about subjects that are not scheduled for council consideration. He explained the No Cruising OrdiAance has been brought back before the council for reconsideration. He said it is not possible for members of the public to address the issue since this is not a public hearing and e the item is already on the agenda. Amanda Marker, 29695 Meadowview, Junction City, said she was required to be in court last week from Tuesday through Thursday. On Wednesday, she said she arrived between 10:30 and 11 a.m. at a parking lot near City Hall and inserted two quarters in the parking meter. She returned to her car at 11:50 a.m. and left for a lunch meeting until 1:20 p.m. Ms. Walker said she inserted two more quarters in the parking meter at that time and returned to court. She returned to her car at approximately 3 p.m. and had 10 to 15 minutes remaining on the meter. She said she inserted two quarters into the meter at that time and went back to court. At 4:45 she returned to her car and found that the parking meter had expired and she had received a parking violation. However, she said the meter still registered two hours of parking time. Ms. Marker said it is not her fault the meter was broken. She said she finds it almost impossible to come to Eugene and be treated properly. She said she has visited several offices about the violation and has been told to either write a letter with the payment enclosed or appear for a hearing March 25. Ms. Marker said she is will be out of town March 25. She said her parking violation is scheduled to double before the April hearing. She said she is unhappy with the process because she should be considered innocent until proven guilty. e MINUTES--Eugene City Council March 14, 1988 Page 1 Ms. Marker said she can obtain the names of hundreds of people who feel similarly that they are mistreated in Eugene. She said this is the reason that Eugene has a lack of shoppers downtown. Ms. Wooten asked if Ms. Marker thinks the meter was broken. Ms. Marker said the meter had worked earlier in the day but still registered two hours of parking time at 4:45 p.m. Gary Kutcher, 85560 Svarverud Road, said he would like to address the decrease of public comment opportunities before the council. He said it is his understanding the public forum portion of the meeting will only be offered once a month, and that comments cannot be addressed to agenda or future agenda items. He said the move is undemocratic and signals a close-mindedness on the part of the council, which should be open to hearing from the public. Mr. Kutcher said he is also bothered by the potential cutting of three programs: cable access, community schools, and neighborhood associations. He said the three programs are crucial to the City and another sign that the council is neglecting the public's interest. Mr. Kutcher said he is concerned that the council is still considering reopening Willamette Street to traffic after approximately 75 percent of those speaking at a public hea~ing voiced opposition to the plan. He reiterated it is important for the council to listen to members of the public and give them an opportunity to speak. Linda Duggan, 728 West 5th Avenue, said it appears the cuts outlined in the Strategic Financial Plan are aimed at community and citizen services. She said the neighborhood and community school programs represent important resources and links between the City and the community. Ms. Duggan said she is a member of the Public Access Advisory Board and is concerned about the possible elimination of the public access program. She said money in the General Fund for public access is collected from cable subscribers through a franchise fee and is not a tax. She urged the council to look carefully at the issue of how the public access money is spent. Tom Halferty, 728 West 5th Avenue, said he is afraid that the Strategic Financial Plan will demoralize the community. He said cutting the community school and neighborhood liaison programs appears like a conscious effort to remove local citizens from city government. He said council members should remember that citizens need and want input into local government. MINUTES--Eugene City Council March 14, 1988 Page 2 ~ ~ ~ . , . . - e e ~ ~~ e e e II. PUBLIC HEARING: PROPOSED VACATION OF 12TH AVENUE BETWEEN HILYARD AND PATTERSON STREETS (SV 88-1) City Manager Mike Gleason introduced the item. Jerry Jacobson, Planning Department, gave the the staff report. He said the street vacation is being proposed by Sacred Heart General Hospital in conjunction with a proposed parking structure that will be partially underneath the 12th Avenue right-of-way. Mr. Jacobson said the vacated street will act as a private access for vehicles accessing the Physicians and Surgeon's Building, and exiting the proposed parking structure. He said the City Hearings Official approved a conditional use permit February 29. However, the decision has been appealed to the Planning Commission. He said the Planning Commission has scheduled a public hearing March 15 for the appeal. Because of the pending appeal, Mr. Jacobson said staff recommends the council postpone its public hearing until April 11. He added Sacred Heart General Hospital is in agreement with the postponement. Ms. Ehrman asked who filed the appeal. Mr. Jacobson said the appeal was made by the Physicians and Surgeon's Building over a minor issue in the hearings official approval. H~ predicted both sides will be able to reach an agreement on the issue. Mr. Holmer asked if the council is legally obligated to hold a public hearing since the item appears on the agenda. City Attorney John Arnold responded the council is not. Ms. Bascom moved, seconded by Ms. Ehrman, to postpone the public hearing from March 14, 1988, to April 11, 1988. Roll call vote; the motion carried unanimously, 8:0. III. PUBLIC HEARING: STREET VACATION REQUEST OF A PORTION OF LOMA LINDA DRIVE (EUGENE A. STEWART JR. FOR MOUNT CALVARY CEMETERY) (SV 87-4) City Manager Mike Gleason introduced the item. Jim Croteau, Planning Department, presented the staff report. He said the request is being submitted by Mount Calvary Cemetery, which owns property south of Crest Drive. He said the property in the request is an undeveloped, gO-foot strip of land. If approved, the request will be used within the cemetery's development site. Mr. Croteau said notice of the request was provided to abutting property owners and other agencies. No agencies have stated they have a need for the right-of-way. He said staff is recommending approval of the request. He added the ordinance retains a public utility easement on a portion of the right-of-way for an existing power pole. MINUTES--Eugene City Council March 14, 1988 Page 3 y ~ . ~ Mr. Holmer opened the public hearing. Jim Saul, 111 West 7th Avenue, said he is appearing on behalf of Mount Calvary Cemetery. H~ said he is available to answer questions. - Ms. Ehrman asked if there is any payment to the City involved in the vacation. Mr. Saul said the cemetery is dedicating an equivalent amount of property along Crest Drive in lieu of the Loma Linda vacation. Mr. Holmer closed the public hearing. CB 3026--An ordinance vacating a portion of Loma Linda Drive west of Willamette Street, south of Crest Drive. Ms. Bascom moved, seconded by Ms. Schue, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council bill 3026 was read the second time by number only. Ms. Bascom moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all councilors voting aye, the bill was declared passed (and became Ordinance No. 19539). IV. PUBLIC HEARING: CITY OF EUGENE SUPPLEMENTAL BUDGET NO.3 e City Manager Mike Gleason introduced the item. He said the supplemental budget was recommended for adoption by the Budget Committee. He said Warren Wong, Finance Division, is available to answer questions. Mr. Holmer opened the public hearing. Having no requests to speak, Mr. Holmer closed the public hearing. CB 3027--An ordinance adopting a Supplemental Budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 1987, and ending June 30, 1988, and declaring an emergency. Ms. Bascom moved, seconded by Ms. Schue, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council bill 3027 was read the second time by council bill number only. MINUTES--Eugene City Council March 14, 1988 - Page 4 e Ms. Bascom moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all councilors voting aye, the bill was declared passed (and became OrdinaAce No 19540). Mr. Holmer recessed the meeting of the Eugene City Council and convened the meeting of the Eugene Renewal Agency. V. PUBLIC HEARING: EUGENE RENEWAL AGENCY SUPPLEMENTAL BUDGET NO. 2 City Manager Mike Gleason introduced the item. Mr. Holmer opened the public hearing. Having no requests to speak, Mr. Holmer closed the public hearing. Res. No. 933--A resolution adopting a Supplemental Budget; making appropriations for the Eugene Renewal Agency for the fiscal year beginning July 1, 1987, and ending June 30, 1988. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. Mr. Holmer adjourned the meeting of the Eugene Renewal Agency and 4It reconvened the meeting of the Eugene City Council. VI. NO CRUISING ORDINANCE City Manager Mike Gleason introduced the item. John Arnold, City Attorney's Office, presented a staff report. He said the ordinance authorizes the chief of police to designate congested traffic thoroughfares. According to the ordinance, passing along the thoroughfare more than two times in a two-hour period between 9 p.m. and 5 a.m. is a violation that can result in a $150 fine and, in some cases, vehicle impoundment. Ms. Ehrman asked if enforcement of the cruising ordinance is considered part of the community specialist's duties. Richard Loveall, Police Division, said the cruising ordinance will not be the responsibility of the community specialists. Mr. Loveall said community specialists can issue misdemeanant citations, but not uniform traffic citations. Mr. Miller asked about a report to the council reviewing the impact of two changes: moving the starting hour from 9 p.m. to 11 p.m; and increasing the number of permitted trips through the thoroughfares from two to four. He asked if the intent of the ordinance would still be effective under the amendments. e MINUTES--Eugene City Council March 14, 1988 Page 5 7 , . '" Mr. Gleason said staff concluded the ordinance is still enforceable under the two changes. e Ms. Wooten affirmed that the council reached a consensus last Wednesday to delay reconsideration.of the ordinance until staff could respond with draft amendments. She requested the council delay the matter until April 11 to enable staff to improve what she said is a flawed ordinance. She said council also agreed to wait until the Commission on the Rights of Youth can hold its meeting with car club representatives March 15. She said something needs to be done about the cruising problem. although there is no need to panic. Ms. Ehrman said she supports Ms. Wooten's request to delay the issue until April. She said she and Ms. Wooten spent several hours along Willamette Street the previous Saturday night. Although she said they did not witness criminal violations. she said they were able to understand how the situation can be confrontational between the surrounding neighborhood and the cruisers themselves. Ms. Ehrman said she hopes people don't see the request for a delay as an attempt to minimize the problem. She said the proposed ordinance is flawed and should undergo some revision. She said she disagrees in particular with the impoundment penalty and the restriction to two trips in two hours. She said she is worried about selective enforcement and the potential to single out one group of people. Ms. Schue said the cruising problem on Willamette Street is of such proportions that the council has to take action now. Ms. Schue said the situation on Willamette is similar to the whitewater races on the McKenzie River where the City prohibited the activity after people began to die in drowning accidents. e Ms. Schue said,~he sympathizes with the fun that youngsters have cruising and is agreeable to considering amendments to the ordinance. However. she said the problem has increased to the point where a dangerous confrontation is likely to occur. She said the neighbors. including herself. have had enough abuse. She said she has spent nine years trying to come up with a solution. Some of the solutions that have been implemented in the past are not feasible now because of the current budget shortage. She said the council can not deliver a message to the community that the problem is something that can wait. Mr. Miller said he agrees with Ms. Schue that the problems need to be corrected as soon as possible. Ms. Wooten reminded the council that the cruising situation is not a state of emergency. While there are some youngsters misbehaving. she said there is not a lot of illegal activity occurring along Willamette Street itself. She said she will not tolerate the harassment of neighbors anymore than other people. However. she said the current ordinance violates citizens' civil rights. - MINUTES--Eugene City Council March 14. 1988 Page 6 e Ms. Bascom said she voted in favor of the ordinance the first time it came before council. However, she said she is sympathetic with Ms. Wooten's concern to revisit the issue. She asked for more information about how the council can proceed with amendments. Mr. Holmer, citing council process guidelines, said any councilor may have an item placed on a council agenda. He said any two councilors can request that an item be postponed to a following meeting. Mr. Holmer asked what is considered the next council meeting. Mr. Gleason said the next meeting would be March 16. Ms. Wooten said it should be in April since every meeting in a given month is an adjourned meeting of the first meeting. Mr. Miller said he appreciates Ms. Wooten's concerns. However, he said Willamette Street neighbors have reached the conclusion that the council does not care about their problems. He said he is not opposed to changing the ordinance at a later date after the hostility has died down. He said delaying the action further would be a mistake. Ms. Wooten said she is not intending to be an obstructionist for solving the existing problem. She said the council needs to respond in an enlightened way, and should not try and fix the problem retroactively. She said it is important to look at the problem accurately and not respond in a hysterical manner: e In response to the next meeting issue, Mr. Arnold said the policy adopted by council states that each meeting in a month is considered a meeting. He confirmed that Ms. Wooten was referring to the fact there is one regular meeting each month. Since the policy does not specifically refer to the next regular meeting, Mr. Arnold said the next council meeting will be March 16. Ms. Bascom affirmed it is possible to delay the issue until Wednesday instead of waiting until April 11. Ms. Schue said she understands the concerns expressed by Ms. Ehrman and Ms. Wooten. She said, however, they do not understand how many meetings and how much time has already been devoted to solving the problem. She said the community has been trying for several years to adequately address the issue, but it continues to get worse. Mr. Rutan said the cruising issue is a social problem and not a traffic problem. He said he also feels the ordinance is flawed, and is not convinced that sending police out with lap-top computers will solve the problem. However, he said he supports taking action tonight because the gut has been an ongoing problem. He said the council has reached the point where it has to try something to solve the problem. Ms. Bascom said she proposed waiting until Wednesday to give staff more time to consider the impact of changing the start time and the number of trips. She said she supports retaining the impoundment penalty. e MINUTES--Eugene City Council March 14, 1988 Page 7 , . ^ Ms. Wooten asked if Mr. Rutan is suggesting droPPing the ordinance entirely. Mr. Rutan said despite its flaws, the council should try and implement the ordinance. He said he does not feel the current ordinance is unconstitutional. e Since the council appears ready to vote on the issue tonight, Ms. Ehrman suggested the council request a mandatory review of the ordinance in six months. CB 3023--An ordinance concerning traffic congestion thorough- fares; adding a new Section 5.155 to the Eugene Code, 1971; amending Section 5.990 of that code; and declar- ing an emergency. Ms. Bascom moved, seconded by Ms. Schue, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Mr. Miller moved, seconded by Ms. Schue, to amend Section 1, subsection 6, to read that no person shall pass a designated thoroughfare no more than two times on a one-way street, and no more than four times on a two-way street, during a two hour period. Mr. Miller said the intent of the amendment is to have an ordinance that restricts the cruising problem but does not excessively endanger people who do not intend to violate the law. e Mr. Rutan pointed out a vehicle must pass through a thoroughfare more than two times before a violation has occurred. He said the amendment does not solve the problem, but weakens the ordinance. Mr. Miller said the intent of the amendment is to prevent people who forgot something at the store from being in violation. He said he is willing to change the amendment to three times if staff feels four times will substantially weaken the ordinance. Ms. Bascom said she supports making the starting hour later. She said she prefers keeping the number of trips to two. Roll call vote on the amendment; the motion failed, 4:4, with Councilors Wooten, Ehrman, Miller, and Schue voting aye, and Councilors Bascom, Holmer, Rutan, and Bennett voting nay. Ms. Wooten moved, seconded by Ms. Ehrman, to amend Section 1, subsection 6 so that the ordinance is in effect between the hours of 11 p.m. and 5 a.m. MINUTES--Eugene City Council March 14, 1988 - Page 8 e Mr. Bennett asked staff for more information about the time change amendment. Mr. Gleason said staff feels the time change is the most inconsequential of the proposed changes. Mr. Bennett asked why Ms. Wooten picked 11 p.m.. Ms. Wooten said she suggested 11 p.m. because she and Ms. Ehrman saw little activity occurring before that time. Ms. Schue said the cruising starts at different times each weekend. She said she supports starting the ordinance at 10 p.m. Ms. Bascom said she also favors a 10 p.m. starting time because of the amount of time it takes for enforcement to become effective. Roll call vote on the amendment; the motion failed 2:6, with Councilors Ehrman and Wooten voting aye, and Councilors Bennett, Bascom, Rutan, Miller, Schue, and Holmer voting nay. Ms. Schue moved, seconded by Ms. Ehrman, to change the starting hour to 10 p.m. Roll call vote; the motion carried unanimously, 8:0. Ms. Ehrman moved, seconded by Ms. Wooten, to remove all penalties that subject vehicles to impoundment. Ms. Ehrman said fines are a sufficient penalty for cruisers. e Mr. Bennett asked staff why it originally included the impoundment penalty. Mr. Arnold said the ordinance is modeled after other ordinances, which also include impoundment. He said it is his understanding the Police Division wants the authority to impound vehicles because of its limited ability to enforce the ordinance. He clarified that officers do not have the authority to arrest violators under the ordinance. Mr. Bennett asked if impoundment is considered a crucial factor in other ordinances. Ms. Bascom said it is her understanding that threat of impoundment does constitute an important part of other ordinances. Ms. Wooten said she supports the amendment because it is impossible not to enforce the ordinance in a subjective and discriminatory manner. She noted the Police Division does not yet have lap computers, and computer errors can occur easily. She said she does not feel that impounding vehicles should be based on such an imperfect system. Mr. Loveall said Everett, Washington, has an ordinance that carries a $1,500 maximum fine. He pointed out the citations that police will issue notify offenders their vehicles will be impounded if they continue the unlawful act. He said the Police Division prefers to have voluntary compliance with the law. He said the division needs the pOSSibility of impoundment to ensure the ordinance ;s effective. - MINUTES--Eugene City Council March 14, 1988 Page 9 " ~ Roll call vote on the amendment; the motion failed 2:6. with Councilors Wooten and Ehrman voting aye. and Councilors Bascom. Schue. Bennett, Rutan, Holmer, and Miller voting nay. Ms. Wooten moved to add a subsection 8 to Section 2 that requires the ordinance become ineffective in 90 days. She said she is making the motion so that the council will continue working with staff and the Commission on the Rights of Youth to arrive at a more enlightened ordinance. - The motion did not receive a second. Roll call vote on the amended motion; the motion carried unanimously, 8:0. Council bill 3023 was read the second time by council bill number only. Ms. Bascom moved, seconded by Ms. Schue, that the amended motion be approved and given final passage. Ms. Ehrman said she will reluctantly be voting against the motion. She said the council needs to do something. However, she said the ordinance before the council is not appropriate. She reiterated earlier testimony from the public hearing that the impoundment penalty is levied against the vehicle and not the driver. She said this raises the possibility of innocent drivers having their vehicles impounded. Ms. Wooten said she also does not support the ordinance. She said she agrees there is a cruising problem, but added the amended ordinance is an inappropriate way to solve it. She said she regrets that the council has not undertaken an effort to relocate the gut. She said most of the cruisers are youngsters not involved in criminal and malicious behavior. e Ms. Bascom said she hopes Ms. Wooten and Ms. Ehrman will continue to explore other solutions to the gut. Mr. Holmer said the adopted amendment does not sufficiently weaken the ordinance to cause him to change his original vote. Roll call vote on the amended motion; the motion carried 6:2, with Councilors Bascom, Miller, Bennett, Rutan, Holmer, and Schue voting aye, and Councilors Ehrman and Wooten voting nay. The bill was declared passed (and became Ordinance No. 19541). Ms. Ehrman moved, seconded by Ms. Bascom, that the council conduct a mandatory review of the ordinance in six months that includes statistics, on the number of stops and impoundments. Roll call vote; the motion carried unanimously, 8:0. MINUTES--Eugene City Council March 14, 1988 Page 10 - e VII. DOWNTOWN DEVELOPMENT DISTRICT TAX ELECTION City Manager Mike Gleason introduced the item. Res. No. 4080--A resolution of the City of Eugene, Lane Coun- ty, Oregon, calling a Special Election to submit to the voters of the city a measure authorizing $187,600 tax on the ownership of real property in the Downtown Development District. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. VIII. LEGISLATIVE COMMITTEE MINUTES OF MARCH 4, 1988 City Manager Mike Gleason introduced the item. Ms. Schue gave a brief report. She said the committee minutes are not an ordinary set of minutes. She said they are a package of lobby plans for the upcoming trip to Washington D.C. e Ms. Bascom moved, seconded by Ms. Schue, to approve the March 4, 1988, Legislative Committee minutes. Roll call vote; the motion carried unanimously, 8:0. IX. FIRST READING OF ORDINANCE CONCERNING MODIFICATION OF AT&T FRANCHISE AGREEMENT City Manager Mike Gleason introduced the item. Warren Wong, Finance Division, presented the staff report. He said the initial franchise agreement was approved by the council in December 1985. He said the ordinance before council represents modifications to the original agreement that have been mutually agreed to by the staff and AT&T. Mr. Wong said the ordinance extends the franchise another 15 years and provides for a $1 per lineal foot rate for use of the City's public right-of-way. This will result in approximately $20,000 to $25,000 in revenue for the General Fund. Mr. Bennett asked why the rate is not indexed to inflation. Mr. Wong said there are varying methods of determining how much to charge the franchise company. He said $1 per lineal foot is the common method used. He said both sides have an option to reopen the agreement every three years. - MINUTES--Eugene City Council March 14, 1988 Page 11 CB 3028--An ordinance granting to the American Telephone & Telegraph Company through its Interstate Division, the non-exclusive privilege to use the public way to construct and maintain public communication facili- ties within the City of Eugene; and repealing Ordi- nance No. 19369. Ms. Bascom moved, seconded by Ms. Schue, that the bill be read by council bill number only and that the City Council adopt first reading of the ordinance at this time. Roll call vote; the motion carried unanimously, 8:0. X. MINUTES AND FINDINGS OF HEARINGS OFFICIAL AND RESOLUTION DESIGNATING TANEY STREET AS A COLLECTOR STREET City Manager Mike Gleason introduced the item. Les Lyle, City Engineer, presented the staff report. Mr. Lyle reviewed a flow chart outlining the project. He said Taney Street is included in the recently adopted FY89 Capital Improvement Program (CIP). He said staff is aware that a remonstrance petition may be filed prior to the project bid award. There is concern by residents and property owners about the need to improve the road to address safety concerns of children who use Taney Street. Mr. Lyle said there is a consensus of those involved in the project that the City eliminate parking and designate bike lanes. He said staff plans to implement those conclusions pending approval of the project. If the council approves the project, he said staff will proceed with design, bidding", and right-of-way acquisition. Ms. Bascom said she is unclear about parking. Mr. Lyle said parking will be removed based on testimony received from residents and property owners. Ms. Bascom asked about the cross section plan. Mr. Lyle said staff is preparing a 36-foot wide improvement with two striped bike lanes, two travel lanes, and curbside sidewalks. Mr. Holmer said there are several streets in need of being given collector status. He asked if there is a comprehensive priority sequence for improving those streets. Mr. Lyle said staff will be revising the functional class map that defines collectors and arterials. He said staff will be working out a more strategic approach to address improvement needs. He said streets designated as local streets are improved after the City receives petitions signed by a majority of property owners. Mr. Miller said the congregation of school children along the street MINUTES--Eugene City Council March 14, 1988 Page 12 '" .: \' - -- - e e e prompted neighbors and property owners to petition the City. He said the school board also unanimously approved funding for the project. Res. No. 4081--A resolution designating Taney Street as a . collector street. Ms. Bascom moved, seconded by Ms. Schue, to approve the minutes and findings from Hearing Official and authorize design, acquisition, and bidding. Roll call vote; the motion carried unanimously, 8:0. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion carried unanimously, 8:0. The meeting was adjourned at 8:55 p.m. to March 16, 1988. ~~~~..~. ~~~ ;- ",. ,... /. , (i" --,~~~~ .. Micheal Gleason City Manager (Recorded by Todd Nissen) mncc031488--730 MINUTES--Eugene City Council March 14, 1988 Page 13