HomeMy WebLinkAbout11/21/1983 Meeting
I I.
M I NUT E S
e Eugene City Council
City Council Chamber
November 21, 1983
11 :45 a.m.
COUNCILORS PRESENT: Brian Obie, Freeman Holmer, Emily Schue, Richard Hansen,
Betty Smith.
COUNCILORS ABSENT: John Ball, Mark Lindberg, Cynthia Wooten.
Adjourned meeting of the City Council of the City of Eugene, Oregon, was called
to order by His Honor Mayor Gus Keller.
1. PUBLIC HEARINGS
A. Referral to Voters of Constitutional Amendments Regarding Expenditure
Limitation/Sales Tax/Property Tax Relief (memo, background
information distributed)
City Manager Micheal Gleason introduced the agenda item. Jody Miller of Inter-
governmental Relations presented the staff report, stating that the purpose of the
hearing was to receive testimony on the question of whether to refer the tax
package passed by the Special Session of the State Legislature to the voters.
e She stated that the City had been working on the issue for several years through
the League of Oregon Cities and the State Legislature, adding that the package
presented to the council had been approved by the League of Oregon Cities at its
conference the previous week. She noted that the new tax package included the
element of a referral process requiring a majority of local governments to
apply to the Secretary of State for a statewide election on the constitutional
amendment. She then reviewed her November 15 memorandum to the City Manager,
written in conjunction with Financial Services Director Warren Wong, which
outlined those amendments and the referral process. Ms. Miller explained that a
motion would need to be approved by the council requesting the Secretary of
State establish an election should the council choose to refer those amendments
to the voters. She stated the Mayor had been presented with the Application for
Election form which should be signed by those councilors voting in favor of the
el ecti on. She added that letters from the Eugene Chamber of Commerce, the
League of Oregon Voters, and Ed Hemmingsborn of the Communist Party U.S.A. had
been received and distributed to the council.
The public hearing was opened.
Carl Hostika, 870 Fox Glenn, State Representative, stated that he represents
parts of the City of Eugene in the State LegiSlature and had been a member of
the House Revenue Committee which designed parts of the tax package. He
recommended that the package be referred to the people so that a determination
could be made on the issue. He stressed that he did not believe in the sales
tax, explaining that he did not believe it to be the fairest method to provide
e property tax relief. Representative Hostika felt that no alternative methods of
MINUTES--Eugene City Council November 21, 1983 Page 1
~roperty tax relief would be considered until the sales tax issue was settled.
e e stated he believed that the sales tax, as presently designed, would have
no effect except to possibly defeat the rate limitation, an action he favored.
He also felt that the sales tax was bad public policy and would be rejected by
the public. He stated that the forces in favor of the sales tax had pre-empted
the field and that the issue must be settled before any alternative could be
considered.
Carroll D. Fentress, 3883 Blanton Road, stated that he was appearing before the
council as an indlvidual citizen. He emphasized that the question before the
council was not of favoring or opposing the sales tax, but of choosing whether
to refer the issue to the voters. He stated that he was in favor of giving the
voters a chance to voice their opinion on the tax package.
There being no further testimony, the public hearing was closed.
Councilor Smith stated that the council IS Legislative Subcommittee had had the
issue as a top priorty for the past year and had supported the referral through
the Lane County delegation and the State Legislature. She said the council was
basically on record in support of the referral and therefore encouraged the
council's support.
Ms. Schue moved, seconded by Mr. Obie, to refer to the voters of
Oregon State Constitution amendments regarding expenditure
limitation/sales tax/property tax relief. Roll call vote; the
motion carried unanimously, 5:0.
e B. Code Amendment Concerning Merchant Police Business License (memo and
ordinance distributed)
City Manager Micheal Gleason introduced the agenda item. Business License and
Tax Supervisor Terry Grondona presented the staff report, stating that the proposed
ordinance would provide less restrictive licensing in the area of security
service by adding a Merchant Police III category. She explained that merchant
police had in the past provided security service primarily in the area of
industrial-type patrol, but, with the annexation of Autzen Stadium and the
expansion of the city, crowd management of temporary events was being recognized
as an independent element of security service. She briefly reviewed the
November 15 memorandum from Finance Director Warren Wong to the City Council,
stating that staff was recommending a modified licensing for the new category.
She explained that an individual in the Merchant Police III category must be
employed by a licensed agency, which in turn must submit application information
and a $6.25 license fee per employee to the Business License Office three days
prior to the temporary event. She said staff recognized that temporary events
would require security services, would occur on an infrequent basis, and that the
ordinance would provide the agencies the opportunity to provide temporary event
security service in a more reasonable manner. Referring to the revised page 1
of the ordinance distributed to the council, she stated that staff had modified
the Merchant Police III description due to definitional problems.
The public hearing was opened.
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MINUTES--Eugene City Council November 21, 1983 Page 2
Robert B. Thompson, 2108 Lincoln Street, stated he was in the process of estab-
e lishing a crowd control business, Oregon Event Enterprises, in the Eugene area.
He said he was concerned with maintaining public welfare, but he added that he
was also concerned with specific items within the ordinance as written. He
asked for some clarification on the phrase "substanti al physical force" in
Section 3.005. He said he felt the $6.25 fee to be excessive, explaining that
the fee would be prohibitive when hiring personnel for a one-night event. He
also questioned the three-day prior submission requirement, stating that the
requirement would not allow for any last minute increase in the number of
personnel. He stated that the limitation placed on the number of work days
would restrict the use of experience personnel. He concluded his comments
stating that the ordinance as written would create a hardship for the small
business owner and he would like to see the amendment modified.
There being no further testimony, the public hearing was closed.
Responding to the questions raised in the testimony, Ms. Grondona stated that
the Section 3.005 phrase in question had been deleted from the proposed ordinance
by the modifications mentioned earlier and that she would furnish Mr. Thompson
with a revised copy of the proposed ordinance. In regard to the fee, she stated
that staff felt it was reasonable to assess the fee due to the police clearance
review performed on each individual. She stated that the intent of the ordinance,
in the case of a work stoppage situation where temporary security service
was being provided, explaining that the temporary individual license would run
seven days, with the option of the license being extended for three additional
seven-day periods. She said the ordinance did not mean that an individual could
only work four times during the year. Ms. Grondona explained that the three-~ay
e prior submission requirement was based on the time required by the police to
conduct a review on the individual prior to issuing a license.
In response to a question by Mayor Keller, Ms. Grondona stated that staff hoped
to be flexible enough to respond to any last minute personnel requirements,
explaining that some police overtime might be required to accomplish the review
for the license to be issued in less than three days.
In response to a question, Ms. Grondona explained that the limitation of allowing
only four seven-day periods pertained only to one temporary event. She said
that the event could not be viewed as temporary after the four periods and would
require another classification of the Merchant Police employee. She said that
the individual at that time would be reclassified to Merchant Police II and the
payment of the $6.25 fee for each of the four license periods would pay for the
regular yearly application fee. She said staff would then address the $25
1 icense fee. She said the individual would be administratively reclassified if
the event went beyond one month and if it was the intent of the agency to
continue use of that individual.
In response to a question, Ms. Grondona said staff did not have the experience
to address the question of relicensing individual personnel on a continuing
basis. She said staff felt there would be sufficient time between the oppor-
tunities for individuals working in the security service capacity to make
subsequent police reports appropriate.
In response to a question, Ms. Grondona said that all the area security firms
e had reviewed the first drafts of the ordinance.
MINUTES--Eugene City Council November 21, 1983 Page 3
Councilor Hansen stated that Section 3.314 apparently only required a three-day
prior application period for the Merchant Police categories I and II. Ms.
e Grondona replied that the three-day notice required for Merchant Police III was
covered in Section 3.314(5), stating that the employers would not usually know
the number of Merchant Police III individuals to be employed until the time of
the special or temporary event. She stated that the Merchant Police II appli-
cation would be more detailed than for the Merchant Police III, requiring
notarized character references.
In response to a question by Councilor Holmer, Ms. Grondona said that three
businesses were licensed to provide crowd manangement services. She added that
the representatives from two Salem firms chose not to attend the hearing.
CB 2673--An ordinance concerning merchant police; amending Sections
3.005, 3.010, 3.314, and 3.315 of the Eugene Code, 1971;
and declaring an emergency.
Ms. Schue moved, seconded by Mr. Obie, that the bill be read the
second time by council bill number only, with unanimous consent of
the council, and that enactment be considered at this time.
Councilor Schue said she did not feel well-informed on the issue and that
Mr. Thompson had raised some valid concerns. She said she had some reservations
on how the ordinance would work.
Mr. Gleason said he viewed that Councilor Schue's concern was shared by the
other councilors and suggested holding the item over so that the operational
problems might be resolved.
e Councilors Hansen supported the suggestion based on his concerns with the time
requirements, the fee, and the ordinance language. He also stressed his concern
to know the type of individuals being hired to perform the security services.
Councilor Obie also supported the suggestion to delay action on the item,
stating that he was primarily concerned with the readability of the ordinance.
In response to a question, Mr. Gleason suggested that the item be held over
indefinitely until staff could prepare a presentation to the council.
Mr. Hansen moved, seconded by Ms. Schue, to table the item. Roll
call vote; the motion carried unanimously, 5:0.
C. Rezoning Requests
1. Property located on the north side of Cal Young Road, between
Willakenzie Road and Coburg Road from R-2/PD Limited Multiple-
Family Residential District with Planned Unit Development
procedures to R-3/SR Multiple-Family Residential District
with Site Review procedures (Interstate Properties) (Z 83-14)
(map, background information distributed)
City Manager Micheal Gleason introduced the agenda item. Jerry Jacobson of the
Planning Department presented the staff report, reviewing the staff notes of
October 4, 1983. He stated that the Planning Commission had recommended approval
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MINUTES--Eugene City Council November 21, 1983 Page 4
of the request by a 3:0 vote. He added that approval of the request would
result in an increased density allowance for the area and would eliminate the
- present Planned Unit Development procedures in favor of the site review
requirement.
There were no statements of ex parte contacts or conflicts of interest.
The staff notes and minutes were entered into the record at this time.
The public hearing was opened.
Jim Saul, 44 Country Club Road, stated he was representing Interstate Properties.
He said he felt the record as presented to the council was complete and he
stressed that the request was an opportunity for the council to realize the
objectives of the Metropolitan Plan and the Community Goals and Policies to
encourage increased density adjacent to a community/commercial center and a
major point in the city.s transit system. He stated he was available to answer
any questions of the council.
There being no further testimony, the public hearing was closed.
CB 2696--An ordinance authorizing rezoning from R-2/PD Limited
Multiple-Family Residential District with Planned Unit
Development procedures to R-3/SR Multiple-Family Resi-
dential District with Site Review procedures for property
located on the north side of Cal Young Road, between
Willakenzie Road and Coburg Road.
e Ms. Schue moved, seconded by Mr. Obie, that findings supporting
the rezoning as set forth in Planning Commission staff notes
and minutes of October 4, 1983, be adopted by reference thereto;
that the bill be read the second time by council bill number
only, with unanimous consent of the council; and that enactment
be considered at this time.
Council Bill 2696 was read the second time by council bill number only.
Ms. Schue 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 became Ordinance
No. 19198).
2. Property located on the southwest corner of Seneca Road and 7th
Avenue west from 1-2 Light-Medium Industrial District to C-2/SR
Community Commercial District with Site Review procedures (Moyer
Theatres) (Z 83-16) (map, background information distributed)
City Manager Micheal Gleason introduced the agenda item.
Councilor Obie asked City Attorney Tim Sercombe if he felt that he has any
conflict of interest in this rezoning request based on his previous involvement
in rezonings in that area of town. Mr. Sercombe stated that there was no
apparent conflict of interest due to the lack of any pecuniary interest by Mr.
e Obie with the property in question.
MINUTES--Eugene City Council November 21, 1983 Page 5
Terry Jones of the Planning Department presented the staff report, reviewing the
staff notes of October 4, 1983. She noted that the uses that were established
e under the provisions of the 1-2 zoning district as of January 1982 could expand
even if not presently allowed, explaining that the theater complex could expand
on its site but the commercial development proposed was not allowed under the
present zoning. She stated that the Planning Commission had recommended approval
of the request and had adopted positive findings in support of that recommendation.
There were no statements of ex parte contact or conflicts of interest.
The staff notes and minutes were entered into the record at this time.
The public hearing was opened.
Jim Saul, 44 Country Club Road, representing Moyer Theatres, stated that the
record was quite extensive. He said he would respond to any questions of the
council, adding that he felt the staff report supported the recommendation
of the Planning Commission.
There being no further testimony, the public hearing was closed.
CB 2697--An ordinance authorizing rezoning from 1-2 Light-Medium
Industrial District to C-2/SR Community Commercial
District with Site Review procedures for property located
on the southwest corner of Seneca Road and 7th Avenue
West.
Ms. Schue moved, seconded by Mr. Obie, that findings supporting
e the rezoning as set forth in Planning Commission staff notes
and minutes of October 4, 1983, be adopted by reference thereto;
that the bill be read the second time by council bill number
only, with unanimous consent of the council; and that enactment
be considered at this time.
Councilor Hansen stated that he had read the staff notes and had followed the
Fred Meyer property issue prior to his election to the council. He said he
understood that a C-2 zoning buffer was to be developed, with the property to
the north of this buffer to retain its 1-2 zoning. He stated that he might have
a different opinion if Mr. Moyer were not allowed to expand under the present
zoning, but he did not see the need to change the property in question from
industrial to commercial zoning when undeveloped commercially-zoned land was
available nearby. Mr. Hansen stated that he would vote against the request for
that reason.
Councilor Obie, in looking at the Planning Commission staff notes and minutes,
stated that he agreed with Mr. Hansen. He stated that the present request was
the third in that area since the Fred Meyer request. He said there was an
abundance of commercially-zoned property and that the inventory of the available
Light-Industrial property needed by the community was apparently decreasing. He
said he found himself swayed by the original arguments made by the Planning
Department staff in recommending denial of the request.
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MINUTES--Eugene City Council November 21, 1983 Page 6
Roll call vote; the motion for second reading failed 2:3;
- Councilors Holmer and Schue voting aye; and Councilors Smith,
Hansen, and Obie voting nay.
Mr. Gleason stated that the council IS action in denying the request would
necessitate a joint meeting with the Planning Commission which staff would
schedule.
3. Property located south of Southern Pacific Railroad tracks,
west of Pearl Street, north of 5th Avenue from 1-2 Light-Medium
Industrial District to C-2 Community Commercial District, and
concurrent Sign District Boundary change from Industrial Sign
District to Pedestrian-Auto Sign District (Jack and Diane Hazen)
(z 83-17) (map, background information distributed)
City Manager Micheal Gleason introduced the agenda item.
Councilor Obie stated that he would abstain from consideration of this agenda
item due to his financial interests within the Fifth Street Public Market district.
Jerry Jacobson of the Planning Department presented the staff report, reviewing
the staff notes of October 4, 1983. He stated that the Planning Commission had
recommended approval of the request by a vote of 3:0.
In response to a question, Mr. Jacobson stated that the Hazens were leasing the
property from the Southern Pacific Railroad and that they had the concurrence of
Southern Pacific in the zone change request.
e There were no other statements of ex parte contacts or conflicts of interest.
The staff notes and minutes were entered into the record at this time.
The public hearing was opened.
Diane Hazen, 131 B. East 5th Avenue, stated that the report of the. Planning
Department was complete and that she was present to answer any questions of the
council. She stated that the Southern Pacific Railroad had signed the application
for change of zoning as the property owner.
There being no further testimony, the public hearing was closed.
CB 2698--An ordinance authorizing rezoning from 1-2 Light-Medium
Industrial District to C-2 Community Commercial District
and concurrent Sign District Boundary change from Indus-
trial Sign District to Pedestrian-Auto Sign District for
property located south of Southern Pacific Railroad
tracks, west of Pearl Street, north of 5th Avenue.
Ms. Schue moved, seconded by Mr. Obie, that findings supporting
the rezoning as set forth in Planning Commission staff notes
and minutes of October 4, 1983, be adopted by reference thereto;
e that the bill be read the second time by council bill number
only, with unanimous consent of the council; and that enactment
MINUTES--Eugene City Council November 21, 1983 Page 7
be considered at this time. Roll call vote; the motion carried
e unanimously, 4:0.
Council Bill 2698 was read the second time by council bill number only.
Ms. Schue 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 became Ordinance
No. 19199>.
D. Code Amendment Concerning Downtown Development District Parking
Violations (memo, ordinance distributed)
City Manager Micheal Gleason introduced the agenda item. Mr. Gleason stated
that, if the council decided to adopt the motion, the council should hold the
public hearing, give the bill first reading, and then hold second reading
over until November 23 for consideration of the emergency clause. Municipal
Court Operations Manager Ernie Mazorol presented the staff report, reviewing the
City Manager's memorandum of November 14 to the City Council. Mr. Mazorol
stated that the violator could request a hearing at any time during the process
and be refunded all the previously paid bail if found not guilty. He said the
amendment had been endorsed by the Downtown Commission in September.
The public hearing was opened.
There being no testimony presented, the public hearing was closed.
e CB 2699--An ordinance concerning prOhibited parking; amending
Section 5.231 of the Eugene Code, 1971; and declaring an
emergency.
Ms. Schue moved, seconded by Mr. Obie, that the bill be read
the second time by council bill number only, with unanimous
consent of the council, and that enactment be considered at this
time. Roll call vote; the motion carried unanimously; 5:0.
Mr. Gleason stated that the second reading would be held over until the council
meeting on November 23, 1983.
The meeting was adjourned at 8:25 p.m. to November 23, 1983.
Re??~ --..
Micheal D. Gleason
Ci ty Manager
(Recorded by Thorn Strunk)
CM32a21
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MINUTES--Eugene City Council November 21, 1983 Page 8