HomeMy WebLinkAbout04/23/1984 Meeting
M I NUT E S
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Eugene City Council
City Council Chamber
April 23, 1984
7:30 p.m.
COUNCILORS PRESENT: Brian Obie, Cynthia Wooten, John Ball (from 7:48), Richard
Hansen, Freeman Holmer, Emily Schue, Betty Smith, Joyce
Nichols.
Adjourned meeting of the City Council of the City of Eugene, Oregon, was called
to order by His Honor Mayor Gus Keller.
I. PUBLIC HEARINGS
A. Towing Practices Ordinances (memo, report, ordinances distributed)
City Manager Micheal Gleason introduced the agenda item. Councilor Holmer
presented the report to the council. Introducing the members of the Towing
Practices Committee, he felt that the members adequately represented all parties
involved in the issue.
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William Potter of the Towing Practices Committee reviewed committee's report of
April 2,1984, to the City Council, outlining the concerns of the involved
parties, the findings, those concepts not recommended, and the recommendations
developed by the committee. In addition to the recommended sign language listed
in the report, he stated that the citation language would have to be added to
the sign if adopted. He also stated that the ordinance did not address towing
vehicles parked in fire lanes. He stated that two ordinances had been drafted,
one dealing with the City citation as an alternative to towing and the other
with unlawful business practices. Although he stated the council could adopt
either or both of the ordinances, Mr. Potter stated that the committee was
recommending that both ordinances be adopted.
Marvin Price, also of the committee, stated that the Oregon Tow Truck Associa-
tion supported both ordinances as a measured response to the problems occurring
in Eugene. The association also felt the ordinances met the legitimate interests
of the effected public. He believed that the ordinances were well-developed and
that the process used in their development was totally appropriate. He recom-
mended that the council adopt the ordinances.
Councilor Ball entered the meeting at this time.
Councilor Holmer stated that City Attorney Keith Martin had assisted in the
drafting of the proposed ordinances. He added that the proposed ordinances and
committee report had been reviewed by the Downtown Commission which recommended
their adoption.
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April 23, 1984
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The public hearing was opened.
~ No testimony was presented in favor of the ordinances.
Speaking in opposition to the proposed ordinances:
Leon J. swafer, 527 Fillmore, owner and general manager of Emerald Towing
Company, fe t that the ordinances would unjustly act against his towing company
because it performed 90 percent of the impounding in Eugene. He stressed that
his company would not impound any vehicle unless the private property owner did
not want the vehicle removed. He questioned the results of the committee
report, stating that none of the members was experienced in private property
impounding. He stated that one of his major concerns was whether the ordinances
would be equally applied to all towing companies. He related an incident in
which only the Emerald Towing Company was sent a letter in September 1982 by
then Assistant City Prosecutor Kit Leonard requiring more specific language on
its signs, although the company's signs had been approved based on the September
1981 ordinance. He said the signs were changed to comply with the letter's
request for increased specifity. Subsequent to this incident, he stated that he
was taken to court over an impounded vehicle in September 1983. He stated that
he submitted photographs of other towing company signs, illustrating that these
other companies were not complying with the September 1982 letter. While
Mr. Swager was fined and required to repay the impound fee, he said he was
satisfied that the judge required the City Prosecutor to notify all towing
companies of the required language. However, Mr. Swager stated that the City
Prosector only notified those companies for which photographs were submitted in
the trial. Mr. Swager said he wanted to ensure that the proposed ordinances
would be equally applied to all towing companies. He then related another
incident in November 1983 when he notifed the Eugene Police Department of
another towing operator illegally impounding a vehicle but the police officer
at the scene authorized the impound. In response to a letter to Police Chief
James Packard, Mr. Swager received a letter stating that Chief Packard believed
his integrity to have been maligned. Mr. Swager stated that he was visited by
Sergeants Mann and Jordan who suggested that he write a 1 etter of apology to
Chief Packard. Although he did write the letter, he said nothing to date has
been done about the illegal impounding, adding that he has heard rumors that
nothing would be done because the complaint had come from Emerald Towing Company.
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Mr. Swager stated that the property owners should be held responsible for any
impounding rather than placing the blame on the towing companies. He said
the towing companies merely work for the property owners. He added that the
property owners and managers inform the towing companies of illegally parked
vehicles. Mr. Swager stressed that these property owners have taken steps to
stop illegal parking, calling Emerald Towing as a last resort to get results.
He felt the ordinance should require that any signs identify the property owners
as being responsible for any towed vehicles and that any complaints should be
made against the property owners.
Mr. Swager stated that his company charged a flat fee of $70. He said Chief
Packard had commented that he approved of a flat fee which included the charges
for towing, the dolly, and the first day storage for the vehicle. He then
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compared his fee with another Eugene towing company and one from Portland. He
added that a dolly was used on 95 percent of the vehicles impounded by his
company to ensure no damage to the vehicle. He then reviewed the requirements
placed upon the towing company by the City which were the basis for the fees.
Mr. Swager suggested that the City Council recommend the establishment of
stricter vehicle registration requirements to the State legislature. He stated
that he has been unable to locate the owners of 14 impounded vehicles over the
past five months and suggested that automobile dealers be made responsible for
registering vehicles sold. He also suggested that the City Manager and the
Eugene Police Department support the property owners in the towing situation,
stating that the City has suggested to the owners of impounded vehicles that
they take the towing company to court. He stressed that the City should work to
remove abandoned vehicles from its streets.
Referring to the proposed citation, Mr. Swager believed that the Eugene Police
Department was already understaffed and that calls on illegally parked vehicles
would be given low priority. He suggested that the City write a citation
on any impounded vehicle and require the vehicle owner to pay the citation fine
prior to any release of the vehicle; the vehicle could then be considered a
police impound. The ordinance could be modified to allow the City to turn over
the title to any unclaimed vehicle to the towing company after a set period of
time, eliminating the time-consuming process of locating a vehicle owner.
Commenting on the proposed ordinance, Mr. Swager stated that while much was said
about the "lack of cham" exhibited by the towing operator, nothing was said
about the irate vehicle owner who insults and threatens that towing operator.
He felt his operators were able to withstand such abuse without incident. On
the proposed sign language, he hoped that the City would develop two signs--one
which listed the City ordinance for the citation and one which did not to
address those property owners who chose not to use the citation. He complained
that the definition for "connection" described a full hookup, stating that the
State of Oregon referred to such action as an II attachment. II He fel t that the
proposed language will require him to raise his impound fee to recover his
losses on connection fees. He also complained that requiring towing operators
to carry money to make change was unfair and unsafe, stating that even LTD
drivers were not required to make change. He suggested that the impound
charges be a flat rate and be painted on the truck.
David Altman, 91635 Donna Road, Springfield, said he operated a parking lot in
Eugene. Regarding alternatives to towing, he stated that his attorney had
advised him that towing was the only means of removing a vehicle from his
parking lot. He asked if an illegally parked vehicle could be impounded or
booted in place, requiring a fee to be paid for release. He asked the City
Council to protect the property owners, stating that it is unreasonable to allow
an illegally parked vehicle to remain in a space rented by another individual.
He believed that he entered into a contract when he called a towing company and
that a fee should be paid to the towing company whether the vehicle was towed or
not. He did not feel it was fair to turn one illegally parked vehicle loose
only to pass the fee on to the next vehicle impounded. He questioned whether
the Eugene Police Department would be able to respond to citation calls and
whether the parking lot operator could still charge the owner of the illeqally
parked vehicle the parking fees in addition to the citation fine or towing
fees.
MINUTES--Eugene City Council
April 23, 1984
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Arnold Ewing, 1355 Oak Street, Executive Vice-President of Northwest Timber
Association, stated that he had five paid parking spaces for his staff. He said
it was common to find illegally parked vehicles in these spaces several times a
day. He stated that he has left notes on the cars but with little or no results.
He stated that he has allowed some people to use the spaces who have asked
permission, but he added that the students from the nearby beauty parlor
continually used his spaces rather than parking in their own lot two blocks
away. Mr. Ewing stated that people apparently do not want to use the numerous
two-hour parking spaces which are available in the area. He stated that he has
called the Eugene Police Department to report an illegally parked vehicle, only
to be asked to identify the make, model, and year of the car. He said the
Police Department was not very receptive of these calls. In regard to the
proposed citation and requiring the towing operator to wait 15 minutes, Mr.
Ewing stated that this would not solve his problem because the vehicle would
still be illegally parked. He felt more concern was being given to the owner of
the illegally parked vehicle than the property owner or manager, stating that
the ordinance proposed fining the property or business owner $500 for an improp-
erly worded sign. He said that the responsibility should be placed on the
vehicle owner. He added that he has had signs destroyed, costing him more
money. He said he has also been threatened by one vehicle owner because he left
a note on the illegally parked car. He stressed that the City Council should
establish tougher standards, stating that towing was the only method available
to him to remove the illegally parked vehicle. He said that these vehicle
owners should be fined in addition to paying any towing fees. Mr. Ewing said he
would assume the responsibility for any vehicles towed, stating that the blame
should not be placed on the towing operator. He stressed that more responsi-
bility should be placed on the vehicle owner to look for parking signs. In
regard to hookup charges, he compared the hookup with a police officer writing a
ticket, stating that any attachment was adequate to designate a tow. While he
felt sorry for those individuals without the money to pay towing fees, he said
those individuals needed to assume responsibility for their actions. He did not
believe that the towing operator should be required to carry change, stating
that it was the responsibility of the vehicle owner. He recognized the efforts
and the problems of the City Council, but he stressed that responsibility should
be placed on the violator rather than the towing company.
Neil Shields, 527 Fillmore Street, Operations Manager for Emerald Towing Company,
stated that he and some of the other drivers of his company have been verbally
and physically assaulted by the owners of illegally parked vehicles. It has
been necessary for him to have police respond to several incidents when his
drivers have been injured. He recognized the necessity of the City Council to
resolve the towing situation. Mr. Shields stated that he would rather impound
vehicles in Springfield because he felt that the Springfield Police Department
supported the property owner and the towing operator. He said he could not
depend on the Eugene Police Department to give high priority to calls from
towing operators. He said he did not like to impound cars or to deal with cars
in which babies or dogs were left, but he said that some solution was necessary.
He said he was not satisfied with the situation or the job and that he would
change jobs if he could. While he felt that the proposed ordinance contained
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April 23, 1984
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several good ideas, he opposed the requirement of providing the name and address
of the property owner or the towing operator, stating that this could create
unnecessary problems.
Harold W. Smith, 290 Walnut Lane, representing Northwest Christian College,
stated that a problem existed in keeping the driveways of the houses operated by
the college clear. He said it was necessary for the police to issue a citation
before the towing company can tow. He stated that on several occasions the
Eugene Police Department has stated that it was too busy to respond to such
calls. He suggested that the ordinance be modified so that vehicles blocking a
driveway could be towed without the issuance of a citation.
Ed Zietz, PO Box 285, stated that he owned property in Eugene and the sur-
rounding area. In regard to the proposed citation, he believed that the police
would give such requests a low priority. He was concerned with vehicles being
illegally parked in spaces rented by others, stating that this situation would
lead to confusion and disruption. He said he was sympathetic to the towing
companies, stating that he previously owned a towing company and was familiar
with the problems involved. He did not envy the job of the task force, but he
urged the City Council to consider the rights of the property owner. Mr. Zietz
stated that he has investigated those occasions when vehicles have been towed
from his properties and he said that he has not found the towing companies to
have acted improperly. He stated that the blame belonged to the illegally
parked individual. He acknowledged that proper signing was a problem, adding
that he has attempted to keep his signs in accordance with current ordinances.
Tom Slocum, 2610 Highland Oaks Drive, stated that he has resisted putting up
signs and patrolling his lot because he wanted to maintain the attractiveness of
his building. He suggested that smaller but still clearly visible signs be
allowed. He felt that the "poachers" should get what they deserve if they chose
not to read the signs. He stated that he must pay the towing company when he
calls to have a vehicle towed, regardless of whether the car is towed or not.
He felt the person illegally parked should be responsible for any charge.
Gary L. Beasley, 2547 Willakenzie Road, a former towing operator for Emerald
Towing Company, stated that he had experienced much of the troubles described by
Mr. Swager in his job of patrolling the parking lots. He stated that about ten
percent of the cars illegally parked were towed, adding that the owners of these
vehicles caused him the most problems and violence. He stated that he had been
assaulted and threatened with a gun. While he said he understood the vehicle
owner's situation, he felt that some of the problems were created by the towing
operators being paid on a commission basis.
There being no further testimony, the public hearing was closed.
Councilor Holmer explained that the proposed citation would be an option under
the ordinance, adding that the property owners could still have vehicles towed
if they chose. He said the citation option may be a way of avoiding some of the
friction and violence which has accompanied towing situations. He explained
that the 15-minute waiting period would provide time to the vehicle owner to
procure the funds necessary to pay the towing fees. He added that the vehicle
MINUTES--Eugene City Council
April 23, 1984
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could be towed a short distance so that the parking space could be cleared.
Mr. Holmer stated that the committee had begun its work with a commitment to
the rights of the property owners, stating that the committee developed an
alternative method for the property owner to protect his/her rights in addition
to the towing option. Mr. Holmer said he resented the racist comment of "being
called everything but a white man" as stated by one of the individuals pre-
senting testimony. In regard to the driveway problem at Northwest Christian
College, Mr. Holmer believed that this situation was beyond the scope of the
proposed ordinance. He hoped that this problem could be addressed under
existing police powers. In response to another question, he stressed that the
ordinances will apply to all towing companies.
Responding to other issues raised during the testimony, City Attorney Keith
Martin stated that a private property owner should discuss the action of booting
an illegally parked vehicle with his/her lawyer. He stated that attaching a
cement-filled bucket to unauthorized vehicles was being used as a remedy by some
Eugene parking lot owners. In regard to the issue of cars blocking driveways,
Mr. Martin stated that some of the ordinance provisions not currently in the
Eugene Code addressed this situation, explaining that vehicles in the public way
blocking a driveway currently required a citation prior to removal. He said
this requirement was necessary to protect the City's obligations to the public.
He said the committee addressed the situation of vehicles blocking a driveway on
private property, stating that the proposed ordinance would allow the removal of
the vehicle or the issuance of a citation.
In response to a question, Sergeant Vic Mann of the committee stated that
police response to a citation situation will depend on the area in which the
vehicle was located. While he said the Eugene Police Deparment could not
promise a response time, he stated that 30 minutes would be a normal reponse
time for a low priority call.
Councilor Hansen questioned why the present ordinance was being modified after
only two years to provide more support to the individual illegally parked.
Mr. Gleason responded that the City Council had requested when it originally
dealt with the issue that it be kept informed of any complaints filed with the
City. As a result of the complaints filed, he stated that the City Council
directed the committee to be formed. Mayor Keller added that extensive com-
plaints about signing, treatment, and other related issues were received during
the summer from visitors to Eugene. He felt that these complaints in addition
to those referred to by Mr. Gleason motivated the council to form the committee.
Councilor Nichols commented that the issues of parking and towing have taken up
much of the council's time since her appointment. She questioned the feasi-
bility of using parking control officers to issue citations. Mr. Gleason stated
that they could issue citations, but explained that these officers patrolled
specific areas and could only respond to those parking lots within their areas.
He stated that the Police Department will respond to calls outside the regular
beat sectors if officers were available. In response to a question, Sergeant
Mann stated that the parking control officers work an 8 a.m. to 5 p.m. schedule.
Mr. Holmer added that the committee felt that any penalty for illegal parking
should be severe enough to be a deterrent and be sufficient to compensate the
cost involved in the issuance of the citation. He felt the council should
continue study of the process if approved so that fees could be modified to
protect the rights of the private property owners.
MINUTES--Eugene City Council
April 23, 1984
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CB 2738--An ordinance concerning parking; amending Sections
5.010, 5.285, and 5.540 of the Eugene Code, 1971; adding
a new Section 5.240 to that code; and providing an
effective date.
CB 2739--An ordinance declaring unlawful business practices
for owners of parking facilities and towing and vehicle
storage businesses; providing remedies; adding Sections
4.980, 4.981, 4.982, 4.983, 4.984, 4.985, and 4.987 to
the Eugene Code, 1971; amending Section 4.990 of that
code; and declaring an emergency.
Mr. Obie moved, seconded by Ms. Wooten, that the bills be read the
second time by council bill numbers only, with unanimous consent
of the council, and that enactment be considered at this time.
Councilor Wooten thanked Mr. Holmer and the members of the committee for their
work. She hoped that it would not be necessary to spend as much time on the
issue in the future.
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Councilor Hansen stated he had concerns with the ordinances as proposed, stating
that he sympathized with the property owners and the towing companies. He did
not feel the towing companies should take the abuse for a decision taken by the
property owners. He was also concerned with the proposed $500 fine for improper
signing when the problem existed of signs being torn down. He felt that the
ordinance should address the proper posting of signs but should not require
property owners to weekly install signs destroyed or removed. In regard to the
property posting of signs, Mr. Hansen said the letter received from Rick LeBrun
raised the issue of establishing requirements for parking in landlord/tenant
relations. He felt that some confrontations beyond the City's need for control
of the towing situation will be created by the ordinance. In regard to problems
related to parking by visitors to Eugene, he felt that more effort should be
placed on that issue rather than assisting those individuals illegally parked.
He stated that he did not have any sympathy for the offender.
Councilor Schue stated that it was a difficult issue to address all the problems
involved. She felt the City could not be responsible for the "1ack of charm"
or lack of politeness by the general public. Ms. Schue felt that the ordinance
will help the problem. She said adding the hours of towing to the signs will
warn the public of the consequences. She felt the ordinances were the best
compromise under the circumstances. She recognized that the City will receive
complaints about the lack of response from the Police Department on issuing
citations, but she said the property owner could still have the vehicle towed if
the property was properly signed.
Councilor Hansen stated that while he did not have any problem supporting
Council Bill 2738 which amended the current parking ordinances, he felt the
areas of attachment and fees charged in Council Bill 2739 will raise problems.
He asked that the motion on the ordinances be separated so that his concerns
with the second ordinance could be addressed. Mayor Keller stated that he would
separate the motion on the ordinances.
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April 23, 1984
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Councilor Obie acknowledged that differences existed in the towing companies and
that those companies which saw themselves as an extension of the Police Depart-
ment had a responsibility which went beyond the norm in dealing with the com-
munity. He said this was the second time he had been involved with the ordi-
nance, stating that he felt the provisions were just and that the option of
calling in the Police Department was productive for the community. Mr. Obie
acknow1eged that further correction could be made if the proposed ordinances
were not sufficient. He stated that he had studied the development of the
ordinance and did not feel the problem was resolved. He hoped that the proposed
ordinances would solve the problem.
Mr. Martin clarified that the prohibition contained in the ordinance previously
adopted stated that any person authorizing or towing a vehicle from a lot not
properly signed was guilty of the offense. Therefore, the property owner as
well as the towing company could be held accountable under the current ordinance.
Mayor Keller thanked Mr. Holmer and the rest of the task force for their efforts.
He agreed that the integrity of the original intent of the ordinance had been
maintained and that the proposed ordinances were better than what was originally
adopted. He added that the City could modify the ordinances in the future if
they proved to be inadequate.
Roll call vote; the motion passed unanimously, 8:0.
Council Bills 2738 and 2739 were read the second time by council bill numbers
only.
Mr. Obie moved, seconded by Ms. Wooten, that the bills be approved
and given final passage. Roll call vote; all councilors present
voting aye on Council Bill 2738, the bill was declared passed (and
became Ordinance No. 19242); the motion for final passage of
Council Bill 2739 carried 7:1, Mr. Obie, Ms. Wooten, Mr. Ball,
Mr. Holmer, Ms. Schue, Ms. Nichols, and Ms. Smith voting aye;
Mr. Hansen voting nay; the bill was declared passed (and became
Ordinance No. 19243).
The meeting was recessed at 9:07 and reconvened at 9:15 p.m.
B. 1983 Annual Review of the Eugene Bikeways Master Plan (memo
distributed)
City Manager Michea1 Gleason introduced the agenda item. He felt that the
April 23, 1984, memorandum from Bicycle Coordinator Diane Bishop adequately
explained the item. He stated that staff was available to answer any questions
of council.
The public hearing was opened.
There being no testimony presented, the public hearing was closed.
Mr. Obie moved, seconded by Ms. Wooten, to approve the 1984 Eugene
Bikeways Master Plan as proposed. Roll call vote; the motion
carried unanimously, 8:0.
MINUTES--Eugene City Council
April 23, 1984
Page 8
C. Proposed Mixed-Use and Special District Revisions (memo distributed)
~ City Manager Michea1 Gleason introduced the agenda item, stating that the
revisions contained no substantive changes. He explained that the revisions
were an attempt to define the districts more accurately. Mr. Gleason stated
that Gary Chenkin of the Planning Department was available to answer any ques-
tions on the issue.
The public hearing was opened.
There being no testimony presented, the public hearing was closed.
CB 2740--An ordinance concerning the mixed-use zoning district;
amending Sections 9.476, 9.478, 9.480, 9.482, 9.484,
9.485, 9.486, and 9.487 of the Eugene Code, 1971; and
declaring an emergency.
Mr. Obie moved, seconded by Ms. Wooten, 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, 8:0.
Council Bill 2740 was read the second time by council bill number only.
Mr. Obie moved, seconded by Ms. Wooten, 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. 19244).
II. PUBLIC IMPROVEMENT PROJECTS (memo distributed)
A. Adoption of Findings (#82-06 and #82-27) (findings distributed)
B. Levying Assessments
City Manager Micheal Gleason introduced the agenda item. He stated that both
projects had gone through the Hearings Official process. He stated that staff
was recommending that the City Council adopt the findings and then approve the
council bills authorizing the levying of the assessments. He added that a
two-thirds affirmative vote of the council was necessary if the council chose to
hold a public hearing on either issue at a later time.
Mr. Obie moved, seconded by Ms. Wooten, to adopt the findings as
presented. Roll call vote; the motion carried unanimously,
8:0.
CB 2741--An ordinance concerning assessments for paving and
sidewalks on Norkenzie Road from Be1tline Road to 125
feet north of Balboa Street; amending Ordinance No.
19068; and declaring an emergency. (82-06)
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CB 2742--An ordinance concerning assessments for paving, sanitary
sewer, and storm sewer within Summeroaks Industrial Park;
amending Ordinance No. 19077; and declaring an emergency.
(82-27)
Mr. Obie moved, seconded by Ms. Wooten, that the bills be read the
second time by council bill numbers only, with unanimous consent
of the council, and that enactment be considered at this time.
Roll call vote; the motion carried unanimously, 8:0.
Council Bills 2741 and 2742 were read the seond time by council bill numbers
only.
Mr. Obie moved, seconded by Ms. Wooten, that the bills be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bills were declared passed (and became Ordinance
No. 19245 [CB 2741] and Ordinance No. 19246 [CB 2742]).
III. APPOINTMENTS
A. Downtown Commission Appointment
City Manager Micheal Gleason introduced the agenda item.
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Mr. Obie moved, seconded by Ms. Smith, to appoint Robert Fraser,
1858 Fircrest Drive, to the Downtown Commission; term to expire
December 30, 1987. Roll call vote; the vote was tied 4:4, Coun-
cilors Obie, Hansen, Holmer, and Smith voting aye and Councilors
Ball, Nichols, Smith, and Wooten voting nay. Mayor Keller broke
the tie by voting aye; the motion carried 5:4.
Mayor Keller stated that during his interview process he was looking for an
individual who wished to have something different happen. He felt that Mr.
Fraser presented ideas for alternatives in the downtown area which had not been
previously presented. This constituted the basis for his support.
Councilor Smith felt that this had been a difficult issue for the council,
the choice being between two qualified candidates. She stated that she had
studied the needs of the Downtown Commission and felt that Mr. Fraser would be
an excellent addition to that commission.
Councilor Holmer stated that he had been greatly interested in the discussion
fOllowing the appointment. Having read the resolution referred to in the
March 27, 1984, memorandum from the Commission on the Rights of Women, he stated
that the resolution committed every effort of the council lito ensure represen-
tation on boards and commissions in proportion to the representation of women,
ethnic minority group members, the disabled, and younger and older citizens in
the population of the city.1I He shared the regret that only one women was
appointed to the Downtown Commission, but he felt that the issue in this
appointment was which applicant would make the most representative appointment.
Mr. Holmer stated that Mr. Fraser was of a different age group than those
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individuals presently on the commission; he felt that Mr. Fraser would address
the needs of the older citizens to the commission. He felt that the City should
study all boards and commissions in terms of their representativeness to ensure
that the needs and concerns of all groups were addressed.
Councilor Schue clarified that the press conference on the Downtown Commission
appointment was called by the Women's Commission and not by any member of the
City Council.
Mr. Obie moved, seconded by Ms. Smith, that the balance of
the City Council join in a unanimous appointment of Mr. Fraser and
that Stephanie Pearl be designated as a first alternate to the
Downtown Commission.
Councilor Ball echoed the comments of Ms. Schue, stating that the press con-
ference was held not on the specific issue of the appointment to the Downtown
Commission but to draw attention to the fact that the pattern of council
appointments was not living up to the affirmative action commitments previously
made by the City Council. He said that women and other groups were not eQually
represented on the various boards and commissions in terms of their constituency
in the community. He stressed that the council must implement the process which
would allow all members of the community to participate in the governmental
process which influenced their lives. He said it was this intent on which the
comments made at the press conference were based.
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Councilor Obie commented that Mr. Fraser had strong feelings about the issues of
women's rights and that the Women's Rights Commission had made an equally strong
point with regard to the balance of the council. He said it was equally impor-
tant that council appointees have the full support of the council, particularly
when any disagreement was based on philosophical differences rather than on the
capabilities of the applicants. He felt that the present motion provides an
opportunity to illustrate a unified council commitment to the Downtown Commis-
sion and to the appointee and minorities involved.
Councilor Nichols said she was unaware of any process for providing alternates
for commissions and boards. She felt that designating Ms. Pearl as an alternate
might be considered an insult. Mayor Keller stated that some of the representa-
tives to the Human Rights Commission had designated alternates. While this
would be a new process, he stated that this would be part of the decision-making.
Mr. Obie stated that the reason behind the motion was to show council support
for the appointee.
Councilor Hansen suggested that Mr. Obie withdraw his motion, stating that he
saw no purpose in having the council revote and reconfirm Mr. Fraser. He stated
that a majority of the council voted to appoint Mr. Fraser. He did not feel
that the dissenting vote implied that the individual appointed would not
have the complete support of the council. He said that another vote might only
create more division. He felt that Ms. Pearl would be given strong considera-
tion to any opening and that Mr. Fraser would be a great asset to the Downtown
Commission. He added that another vote would be inappropriate and an injustice
to both Mr. Fraser and Ms. Pearl.
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MINUTES--Eugene City Council
April 23, 1984
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Councilor Schue said she appreciated the comments of Mr. Hansen. She stated
that the process followed was legal and that Mr. Fraser was appointed to the
commission. She hoped that he will decide to serve on the commission. She said
she did not wish to vote on the issue again.
Ms. Smith withdrew her second of the motion.
Mr. Obie withdrew his motion.
B. Interim Community Development Committee Appointments (memo distributed)
City Manager Michea1 Gleason introduced the agenda item.
Mr. Obie moved, seconded by Ms. Wooten, to approve the following
appointments to the Interim Community Development Committee.
Rob Bennett Representing the P1 anni ng Commission
Hugh Prichard Representing the Downtown Commission
John Vanlandingham Representing the Joint Housing Committee
E1 eanor Mu1 der Representi ng the Joint Housing Committee
Don Jacobs Representing the Community Development
Commi ttee
Dorothy Anderson Representing the Community Development
Commi ttee
e Paul Bogen Representing the Neighborhood leaders
Emily Schue Representing the Eugene City Council
Di ck Hansen Representi ng the Eugene City Council
Roll call vote; the motion carried unanimously, 8:0.
Mayor Keller commented that his April 20, 1984, memorandum noted that those
women nominated had to be recruited to serve. He stated that the three women
nominated were well-qualified to serve.
The meeting was adjourned at 9:35 p.m. to April 25, 1984.
R~~~
Michea1 D. G1 eason
City Manager
(Recorded by Thom Strunk)
TS:db/CM32a1
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MINUTES--Eugene City Council
April 23, 1984
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