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HomeMy WebLinkAbout09/18/1985 Meeting M I NUT E S . Eugene City Council City Council Chamber September 18, 1985 Noon COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman Holmer, Ruth Bascom, Debra Ehrman, Roger Rutan, Jeff Mi 11 e r . The adjourned meeting of September 11, 1985, of the City Council of the City of Eugene, Oregon was called to order by His Honor Mayor Brian B. Obie. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Eugene Arts and Letters Awards Councilor Bascom said she attended the ceremony at which Mayor Obie presented the 1985 Eugene Arts and Letters Awards. One of the recipients, Ed Cykler, thanked City officials for their interest in the arts. e B. Announcements City Manager Micheal Gleason announced the council will have a work session on the Eugene Agenda at 5:00 p.m. this evening. II. ROUTINE ITEMS FOR COUNCIL APPROVAL: CITY COUNCIL MINUTES OF AUGUST 12, 1985 (minutes distributed) Ms. Wooten moved, seconded by Mr. Hansen, to approve the City Council minutes of August 12, 1985. Roll call vote; the motion carried unanimously, 8:0. III. 1985 PARKS AND RECREATION MASTER PLAN ANNUAL REVIEW (memo, resolution, background information distributed) City Manager Micheal Gleason introduced the agenda item. Ernie Drapela, Director of the Parks and Recreation Department, gave the staff report. He reviewed three issues the council asked the staff to consider after the August public hearing on the 1985 Parks and Recreation Master Plan annual review. The issues involved the Laurelwood Golf Course, the Maude Kerns Center, and references from the Culture/Leisure Plan. e MINUTES--Eugene City Council September 18, 1985 Page 1 'f Q Mr. Drapela recommended the following statement be included in the Parks e Master Plan. If a golf course operator is able to obtain private financing, necessary permits, respond to safety concerns and produce a plan acceptable to the City, the expansion of Laure1wood to an 18-ho1e course should be allowed. Mr. Drapela said the statement is consistent with the recommendation of the Joint Parks Committee. He noted the statement does not necessarily encourage the expansion of the Laurelwood Golf Course. Mr. Drape1a recommended no reference be made to the Maude Kerns Art Center in the Parks Master Plan because City representatives have not completed negotia- tions with Maude Kerns representatives. He also recommended the following statements from the Culture/Leisure Plan be inserted in the Parks Master Plan. Recognize that there is a minimum mix of arts, sports and leisure resources that is essential to the success of Eugene's Economic and Diversification Program. (Policy 5) Identify the need for and facilitate development of sports, leisure and arts resources new to the community. (Policy 10) Ms. Wooten said she, Mr. Holmer, and Ms. Bascom were appointed to a subcommit- tee to resolve the plan implementation of the Culture/Leisure Plan. She said e the subcommittee should review the procedure before the Joint Parks Committee acts on it. Mr. Drapela said he will convene the subcommittee. Mr. Holmer noted that the Parks and Recreation Master Plan is not funded in the Capital Improvement Program (CIP). Mr. Gleason responded that federal funds have been used for the CIP and those funds are decreasing. None of the master plans of the City are tied to the CIP. The master plans and the CIP are separate City programs. Mr. Holmer said he will vote against adoption of the Parks Master Plan with reluctance. He did not think the process has developed a plan that can be funded. The plan contains many delightful ideas which he hoped would be implemented, but he thought the plan should be more relevant to the City's budget. Ms. Wooten asked Mr. Drapela to submit a report about negotiations with Maude Kerns Art Center representatives. Ms. Schue said the Parks Department staff is seeking funds for projects in the Parks Master Plan. If the funds are obtained, the City should have a plan for using them, so she will support the Parks Master Plan. Mr. Rutan said the Parks Master Plan indicates a long-range vision of the parks and recreation program of the city. He said the list of projects is not an un~a1istic "wish" list and the projects are in a reasonable queue. e MINUTES--Eugene City Council September 18, 1985 Page 2 Res. No. 3937--A resolution approving and adopting revisions to e the Parks and Recreation Master Plan, Eugene, Oregon. Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 7:1. Councilors Wooten, Hansen, Schue, Bascom, Ehrman, Rutan and Miller voted aye; Councilor Holmer voted nay. IV. RESOLUTION CONCERNING EXCEPTION TO WATER EXTENSION POLICY (WE 85-2) (memo, resolution, background information distributed) City Manager Micheal Gleason introduced the agenda item. Jim Croteau of the Planning Department gave the staff report. He said the Richarts live on Beacon Drive outside the urban growth boundary. Their two wells are contami- nated. They have asked for an extra-territorial extension of water to their property. The resolution being considered by the council would create a specific exception to the City's water extension policy and would extend water to four residences on the north side of Beacon Drive. If water is extended to the residences, the owners will have to sign annexation agreements. The reso- lution also indicates the inclusion of the properties in the urban growth boundary should be studied during the next update of the Metropolitan Area General Plan. Res. No. 3941--A resolution creating an exception to Resolution e No. 2643 and recommending extraterritorial exten- sion of water services. Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. V. ORDINANCE CONCERNING PATRON USER FEE AMENDMENTS (memo, ordinance distri- buted) City Manager Micheal Gleason introduced the agenda item. Bob Schutz of the Hult Center gave the staff report. He said the ordinance will permit the Hult Center to allow promoters to give free admission tickets without paying the patron user fee. It will permit the Hult Center to issue tickets to media representatives for services without paying the patron user fee. The amend- ment also officially changes the name to the Hult Center for the Performing Arts. CB 2852--An ordinance concerning the Performing Arts Center; amending Sections 3.810 and 3.812 of the Eugene Code, 1971; and declaring an emergency. Ms. Wooten moved, seconded by Mr. Hansen, 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 e 8:0. MINUTES--Eugene City Council September 18, 1985 Page 3 Council Bill 2852 was read the second time by council bill number only. e Ms. Wooten moved, seconded by Mr. Hansen, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance No. 19353). VI. PROPOSED REVISIONS TO MALL ORDINANCE AND PROPOSED MALL REGULATIONS (memo, ordinance, regulations distributed) City Manager Micheal Gleason introduced the agenda item. Janice Bohman of the Eugene Development Department gave the staff report. She said the revised regulations were developed by several City departments with input and support from downtown businesses. Several letters recommending approval and signed by business representatives were presented to the council. She said the Downtown Commission unanimously recommended approval of the revised ordinance and the regulations. Ms. Bohman said many of the regulations are not new. Ms. Bohman said the administrative change in the ordinance will produce better coordination of downtown activities. The ordinance authorizes the City Manager to designate the director of the downtown mall. The City Manager will designate the Director of the Eugene Development Department. She discussed new restrictions on activities, such as sleeping on the mall. She noted that the Downtown Plan indicates the mall is to be a business park. e Ms. Bohman said permits have been required for fund raising on the mall in the past. The permit will now be obtained from the Eugene Development Depart- ment. The permit allows the City to know when and where fund raiSing will take place. The permit will not restrict fund raising. Ms. Bohman said violations of mall regulations have been misdemeanors in the past. The revised ordinance will permit a fine and/or a jail term for a will- ful violation of the regulation. A willful violation is a violation about which a person has been warned. Answering questions from Councilor Ehrman, Keith Martin of the City Attorney's office said the description of the downtown mall on page 5 of the ordinance does not include all the taxing district. The downtown mall is just the public right-of-way. It includes the section of Willamette Street from 10th to 11th avenues. The Eugene Celebration has always had to receive a permit and it will continue to need a permit. A permit will be required for setting down a protest sign and the sign will have to be removed at the end of the day. A mall information booth is being installed and a bulletin board will be near it. Ms. Ehrman suggested the ordinance indicate in Section 4.877 (a) that the application for a permit shall be filed with the office of the director. e MINUTES--Eugene City Council September 18, 1985 Page 4 Replying to other questions from Ms. Ehrman, Ms. Bohman said there are written e criteria for approval of an activity or fund-raising permit. The City wi 11 not attempt to contain pan-handling and other such activities in one area of the mall, but an attempt will be made to keep such activities from interfering with normal activities. Permits from the Lane Regional Arts Council for musi- cal activities have been required. The revised ordinance will consolidate permit issuing. Mr. Martin said the new regulations indicate a property owner can apply for a permit for commercial use of adjacent property 180 days in advance in order to allow business owners to plan ahead. Answering a question from Ms. Schue, Mr. Martin said a permit will not be required if a person passes out material and speeks to individuals about a project. The person will have to pick up any of the material that is dropped and stay away from doorways. A person who puts up a card table and a sign from which to distribute material will need a permit. A permit application should be made seven days in advance. People usually want a specific location for such a display and a permit will assure a location away from such things as fire lanes. Replying to questions from Ms. Wooten, Ms. Bohman said permits will be issued for noise-making machines, such a jack hammers, but nearby businesses will be consulted. There is no charge for fundraising permits. Ms. Wooten was not sure such problems are serious and felt the solution strains the limits of the council IS jurisdiction. Responding to questions from Ms. Bascom, Ms. Bohman said musical groups will e continue to need a permit to play in the "ho1e in the mall. II Now, mall per- mits will be processed in the Permit and Information Center. Ms. Bascom favored testing the ordinance and regulations to see how they \'Iork. Replying to a question from Mr. Holmer, Mr. Gleason said he could assure the council that the change in mall administration will not result in a duplica- tion of equipment and employees. Answering a question from Mr. Hansen, Mr. Martin said the council can impose reasonable time, place, and manner restrictions on free speech. The regul a- tions attempt to keep activities away from the entrances to businesses, keep fire lanes open, and provide necessary health facilities. He emphasized that the City is not interested in the content of a speech. Mr. Sercombe added that the constitution allows a permit to be required. Constitutional con- straints involve the conditions for approval of a permit. Mr. Rutan said the new regulations do not address criminal activity on the ma 11 . They do not address the municipality's right and/or financial ability to enforce a "clean Up" of the mall. Mr. Martin responded that the ordinance indicates clearly what is offensive behavior. At the present time, a police officer cannot arrest a person violating some mall regulations. The revi sed ordinance will permit those who see offensive behavior and who have authority e MINUTES--Eugene City Council September 18, 1985 Page 5 to issue citations. He noted that police officers must be present to see -- violations. If the City's financial condition limits the number of police officers on the mall, the only way to get enforcement of the regulations is by citizen arrests. The revisions provide the structure for citizen arrests. Mr. Martin discussed the conditions under which citizens can make arrests and then turn the offender over to a police officer. The City Prosecutor will then decide whether the case is prosecutable. The person making the arrest would have to appear in court. Answering questions from Mr. Rutan and Mr. Miller about violent activity on the mall, Mr. Sercombe said the revised ordinance does not address some of the violent behavior on the mall. The revision of Chapter 4 of the City Code addresses some of it. He discussed those provisions. Mr. Sercombe reviewed the section of the Oregon constitution which assures that people may possess and openly carry weapons that can be used in defense of themselves or proper- ty. The weapons are those that were used in the nineteenth century. Mr. Miller said the key to the new regulation is enforcement. Mr. Gleason said the downtown merchants supply security on the mall and the police offi- cers respond. The crime rate on the mall is no higher than in some other areas of the city. Ms. Wooten said representatives of the American Civil Liberties Union think the City could create a "weapons free zonell on the mall. They would like to work with the City Attorney's office on it. She will support the new regula- tions, but she is not sure they will solve the problems. e Ms. Ehrman will support the regulations although she is concerned about selec- tive enforcement and wants the criteria for permits published. She would not want a City department head to have to deal constantly with petty arguments. She appreciated the Eugene Downtown Association's willingness to pay for secu- rity, but she recognized that it is the City's responsibility. Ms. Wooten asked for a report on the effect of the new regulations and the categories and. number of citations and incarcerations in six months. Answering questions from the mayor, Mr. Gleason said permits are needed for "ghetto blasters." The Mayor asked ~taff to provide a repo~t on the issue of c.arrying weapons on the mall within thirty days. CB 2853--An ordinance concerning activities in the mall; amending Sections 2.007,2.391,2.812,4.790,4.870, 4.871, 4.872, 4.876, 4.877,4.878, 4.990, and 5.010 of the Eugene Code, 1971; adding a new Section 4.879 to that Code; repealing Sections 4.873, 4.874, 4.875, 5.565, 5.570, 5.575, 5.580, 5.585, and 5.590 of that Code; and declaring an emergency. Ms. Wooten moved, seconded by Mr. Hansen, 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. e MINUTES--Eugene City Council September 18, 1985 Page 6 Council bill 2853 was read the second time by council bill number only. e Ms. Wooten moved, seconded by Mr. Hansen, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance No. 19354). Ms. Wooten moved, seconded by Mr. Hansen, to recommend that the City Manager adopt the Eugene Mall RegUlations temporarily and invite written public comment. Roll call vote; the motion carried unanimously, 8:0. Mayor Obie thanked the downtown business community for its involvement and its tenacity. Mayor Obie adjourned the meeting at 1 :05 and said the councilors would reassemble in the McNutt Room for a work session. Work Session Mayor Obie reconvened the Eugene City Council for a work session in the McNutt Room at 1 :10 p.m. Ms. Wooten was not present. All other councilors were present. e VII. INTRODUCTION OF FEDERAL LOBBYIST AND DISCUSSION OF FEDERAL PRIORITIES Elizabeth Cherry, administrative analyst in the Intergovernmental Relations Divison, said the National Center for Municipal Development (NCMD) was select- ed to represent Eugene in Washington, D.C. She said Bob Gordon will head the team that will represent Eugene. Other members of the team will be Barbara McCall and Tom Duffy. She introduced Mr. Gordon. Mr. Gordon said the NCMD is an affiliate of the National League of Cities and the National Conference of Mayors. It represents about 35 cities and has ten representatives who identify very closely with the cities they represent. They consider themselves an extension of the City staff. Mr. Gordon said it is important for a City to express its goals and objectives in a way which maximizes efforts to obtain assistance. A Washington office helps to maximize the efforts. Mr. Gordon said he will represent Eugene and Spokane. He is also the admini- strator for NCMD. He reviewed his past professional experience. He welcomes the opportunity to work with a council that has active Washington relation- ships. Answering questions from Ms. Ehrman, Mr. Gordon said he will actively seek ways of implementing the City's goals. Ms. Cherry said the City expects monthly reports from Mr. Gordon initially. e MINUTES--Eugene City Council September 18, 1985 Page 7 Replying to questions from Mr. Miller and Mr. Bascom, Mr. Gordon discussed the ~ process for seeking Federal funds. He will try to see that the cities he ~- represents are given the best information to put together the best application and that their representatives talk to the right people at the right time, so that the cities will be among the winners. He did not expect a conflict between his representation of Spokane and Eugene. Ms. Cherry reviewed Mr. Gordon's schedule and ask councilors who wanted to spend time with him to contact her. Mr. Hansen suggested the council have a conference call with Mr. Gordon at time s . The work session was adjourned at 1 :25 p.m. Re~pect. l~.Ubmit _d_ '7/. - . ~ , Micheal D. Gleason City Manager (Recorded by Betty Lou Rarick) l858C - - MINUTES--Eugene City Council September 18, 1985 Page 8