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HomeMy WebLinkAbout01/22/1979 Meeting e e .r. M I NUT E S EUGENE CITY COUNCIL January 22, 1979 Regular meeting of the City Cou.ncil of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, January 22, 1979, 7:30 p.m., in the Council Chambers, with the following Councilors present: Jack Delay, Betty Smith, Eric Haws, Scott Lieuallen, Brian Obie, Gretchen Miller, and Emily Schue. Councilor D. W. Hamel was absent. I. Mayor Keller recognized the Webelos Den 3, Pack 316, from Edgewood Elementary School, Scoutmaster Bob Dickinson in attendance at the meeting. He gave them a special welcome. Awards Ceremony Mayor Keller, assisted by City Manager, recognized City employees retiring in 1978. Those present at the ceremony and receiving awards were: Edward Stanley, Fire Department, 29 years, 3 months; James Gralow, Public Works Department, 25 years, 2 months; Wendell Wick, Fire Department, 22 years, 8 months; Oliver Brown, Parks Department, 19 years; Helen Kelts, Finance Department, 7 years, 5 months; and Herb Larson, Parks Department, 5 years, 8 months. II. Those not in attendance, but receiving recognition for City service were: Russell Peckham, Fire Department, 31 years, 6 months; Lloyd Weeks, Fire Department, 27 years, 6 months; Harold Bradley, Parks Department, 23 years, 11 months; Margaret Sorensen, Library, 14 years, 3 months; John Urych, Airport, 11 years; and Victor Albino, Municipal Court, 5 years, 8 months. Mayor Keller extended special thanks and appreciation to the City employees for their contributions to the City. Special recognition was given to Councilor Tom Williams, who had retired after serving 10 years on the City Council. Mayor Keller noted in the history of the city of Eugene, probably no other Councilor had given as many years service. He noted Mr. Williams' efforts to make government less complicated, and other special contributions made by Mr. Williams. Mayor Keller thanked Mr. Williams, on the part of Eugene and the staff, for the contributions he had made. Mayor Keller also recognized Councilor Ray Bradley, who was not present at the meeting. During Mr. Bradley's term of office, Mayor Keller said efforts had been made by Mr. Bradley to make the Council aware of the 1/22/79--1 31 people's feelings. He noted in the 50 weeks averaging 20 hours per week, Mr. Bradley had contributed 4,000 hours of free time to make Eugene a better place to live. He noted Mr. Bradley's most challenging accomplish- 4IIP ment was the great deal of effort and patience he put into making the Tri-Agency successful. Mayor Keller thanked him for all of his efforts and time spent on the Council. III. Public Hearings A. Concurrent Annexation/Rezoning property located at southwest corner of Coburg Road and Crescent Avenue, from County RA to City R-1 (Eugene Swim & Tennis Club) (A/Z 78-16) Unanimously recommended by Planning Commission December 5, 1978. Jim Saul, Planner, said the request involves approximately 10 acres, with two-thirds of the property presently developed with the facility. The remainder of the property is vacant, and probably will be used for further expansion. The annexation request was necessitated by failure of the club's septic tank and subsequent order by the Lane County Sanitarian to seek annexation. Findings for the annexation covered three sets of standards: The City standards as to whether it was within the urban service area, whether services were available, whether it was a logical extension of city boundaries, and whether the property was contiguous to the city limits. Affirmative findings were found on all. The second set of findings related to LCDC's Adminis- trative Rule of whether pUblic facilities and services are available and whether the property is urban in character. Affirmative findings were documented. The third set of findings related to the Statewide .... Goals, with affirmative findings. Mr. Saul noted on the basis of .., these affirmative findings, the Planning Commission did recommend annexation to the city. Annexation would be both to the city of Eugene and the Metro Wastewater Service District. A zoning request from County RA to City R-l was also recommended by the Planning Commission. He noted the recreational facilities in an R-1 zone district are permitted under a conditional use procedure. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Richard Butler, president of the Eugene Swim and Tennis Club, was present, along with a board member and manager of the club. The club is a non-profit organization run by a board of directors. There are 285 families in the current membership. He noted most of the club members do live within the city limits, but the more important consi- deration was the need for city sewers at this time. 1/22/79--2 . 32 No one spoke in opposition. e Public hearing was closed, there being no further testimony presented. Res. No. 3070--Forwarding to Boundary Commission recommendation for annexation of property located at southwest corner of Coburg Road and Crescent Avenue, was read by number and title only. Mr. Delay moved, seconded by Ms. Smith, that findings supporting the annexation as set forth in Planning Commission staff notes and minutes of December 5, 1978, be adopted by reference thereto; and that the resolution be adopted. Motion carried unanimously. C.B. 1815--Authorizing rezoning from County RA to City R-1 property located southwest corner of Coburg Road and Crescent Avenue, was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of December 5, 1978, 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. e In response to a question from Mr. Lieuallen, Mr. Saul said the specific findings on the rezoning included tha~ it be consistent with the General Plan, and that a public need was demonstrated. The City would not be changing the zone to permit a more intensive use of the property, but simply replacing county zoning with the equivalent city zoning. He said the City has an obligation, when it annexes property to the city, to replace county zoning with appropriate city zoning. Further, in response to Mr. Lieuallen, Mr. Saul said the sequence of land use decisions in this instance is whether the property should be annexed. Depending on that determination, the next question Council would face is the appropriate zoning. The sequence in this case clearly applied to the failure of the club's septic tank and consequent need for annexation to obtain city sewers. Vote was taken on the motion, which carried unanimously, and the bill was read the second time by council bill number only. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18322. B. Amendments To Licensing Ordinance--materials distributed Manager said three ordinances are presented for Council consideration. One requires weapons certification for private detectives, and better e 1/22/79--3 33 record-keeping procedures for used merchandise dealers, weapons dealers, and motor vehicle wreckers. The second ordinance repeals license requirements for electrical and plumbing trade licenses, metal ~ dealers, sewer cleaner devices, sewer or sewage disposal contractors, ~ music-making devices, shooting galleries, sprayers, tobacco dealers, and tobacco vending machines. The second ordinance also makes a commercial solicitor's license requirement for door-to-door sale of services. It provides that bonds are required for certain businesses to be used to reimburse customers who have been defrauded, and also makes a number of editing changes in license requirements to clarify the language. No fee changes are recommended, except for changes in detective license fees corresponding to changes in requirements. The third ordinance is in response to Council's direction at a December 8, 1978, meeting, to repeal the bicycle licensing. Thus, the ordinance removes bicycle licensing requirements from the Code. A memo was also distributed to Council explaining why the staff recommends retention of license requirement for sale of electrical equipment. Manager said Council may wish to focus on three concerns: 1) regarding the need for electrical equipment licensing; 2) the removal of bicycle licensing; and 3) whether licensing for door-to-door sales of services should be included. Public hearing was held with no testimony presented. Regarding licensing of sales of door-to-door services, Manager said the issue is whether or not requirements should be adopted that all services being sold door-to-door require a license. Another issue would be whether an age limit should be set, or whether the Code should be enforced only on a complaint basis. The major reason for this ~ inclusion in the Code was the complaints from merchants and residents regarding fraudulent home repairs such as roofing and paving. However, Manager said it was not the City's intent to hinder young people soliciting lawn-mowing or leaf-raking jobs. Joyce Benjamin, City Attorney, said the Attorney's staff had looked at the problem of exempting people by age limits and attempted to redefine exemptions to cover people who are selling services for raking leaves, mowing lawns, etc., and direct the ordinance to deal only with fraudu- lent cases. It was decided by staff it would be better for Council to eliminate IIservicesll from Council Bill 1816, section dealing with solicitors. Staff could bring back a redraft to Council to address the distinction between some services and fradulent services. Mr. Delay suggested inclusion of the words, IIser~ices in excess of $100.11 He said the idea would be to protect against illegitimate business in the community, but this would exempt minors and others. Consensus of Council was that the ordinance would be adopted this evening, excluding the word IIservicell in Council Bill 1816. Staff will bring back a recommendation for Council consideration on that particular section of the ordinance. - 1/22/79--4 34- , Ms. Smith asked staff to respond to the licensing of electrical sales and how it would proceed with enforcement. Shirley Swenson, Finance Administration, said businesses selling electrical appliances will be checked periodically. She noted two kinds of licenses: one of $5 for businesses with fewer than four employees, and a license of $10 for businesses with more than four employees. The major concern of enforcement would be compliance with UL labeling on electrical appli- ances. She felt the ordinance could be adequately enforced and would be a useful tool in protecting against unsafe electrical equipment. C.B. 1816--Concerning business license requirements; amending Sections 3.005 (with IIservices" deleted under Solicitor, Commercial), 3.010~ 3.020, 3.040, 3.090, 3.325, 3.330, 3.335, and 3.423 of Code, 1971; repealing Sections 3.290, 3.295, 3.310, and 3.450 of that Code; adding Section 3.343 to that Code; and declaring an emergency, was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill, with deletion of word IIservicell as noted, be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill numbar only. - Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18323. C.B. 1817--Concernlng business licenses; amending Sections 3.005, 3.010, 3.190, 3.195, 3.215, 3.220, 3.425, 3.435, 3.440, and 3.445 of Eugene Co~e, 1971; adding new Sections 3.217 and 3.219 to that Code; and dec1arir.g an emergency, was read by council bill number and title only, there being no Councilor present reques- ting it be re~d in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be read the ser.ond time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by tounci 1 bill number only. C.B. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18324. 1818--Concerning bicycle licensing; repealing Sections 5.405, 5.410, and 5.415 of Eugene Code, 1971; amending Sections 5.420 of that Code; and declaring an emergency, was read by council bill number and title only, there being no Councilor present reques- ting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be read the second time by council bill number only, with unanimous - 1/22/79--5 35 consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second ~ time by council bill number only. .., Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18325. t. Request for Historic Designation for Eakin-Snodgrass House located at 437 Lawrence Street (H 78-2) Unanimously recommended by Historic Review Board, September 28, 1978. Judy Rees, staff, gave a slide presentation showing the unique archi- tectural features of the home. She noted the owners had received a rehab loan from HCC, and CD restoration funds to restore the exterior of the house. It is representative character of the Queen Anne style of Victorian architecture and fine detailing, and noted its relation- ship and identification with the Eakin and Snodgrass families, early Eugene bankers and politicians. The structure is located in an area recommended for mixed industrial, commercial, and residential use by the Whiteaker Refinement Plan. The proposed historic designation will allow continued residential use of the structure, in addition to compatible commercial and industrial uses which would be consistent with the Refinement Plan designation. She noted Joan Rich, Historic Review Board member, and Stefan Radosevich, owner, were available to answer questions. In calling for ex parte contacts and conflicts of interest, Mr. ~ Delay said he personally knew Mr. Radosevich and would abstain ~ from action, but would make the motions. Public hearing was held with no testimony presented. C.B. 1819--Authorizing Historic Landmark designation for Eakin-Snodgrass House located at 437 Lawrence, was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that findings supporting the Historic designation as set forth in Historic Review Board staff notes and minutes 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. Motion carried unanimously with Mr. Delay abstaining, and the bill was read the second time by council bill number Qn1y. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, except Mr. Delay abstaining, the bill was declared passed and numbered 18326. . 1/22/79--6 3b IV. ORDINANCES FOR SECOND READING . A. Hearings Panel Report January 15, 1979 (Minutes attached) Mr. Delay moved, seconded by Ms. Smith, to accept Hearing Panel IS report dated January 15, 1979. Motion carried unanimously. B. Levying Assessments: The following council bill, read the first time November 27, 1978, and referred to Hearings Panel December 4, 1978, was referred again December 11, 1978, to Hearings Panel held January 15, 1979. Panel recommendations from 12/14/78 and 1/15/79 to levy assessments as proposed. C.B. 1800--Levying assessments for sanitary sewer: South Shasta Loop from the east boundary of Deer Park Subdivision to 700 feet west (77-52), was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18327. V. ORDINANCES FOR FIRST READING e C.B. 1820--Levying assessments for paving, sanitary sewer and storm sewer within 3rd Addition to Firland Heights; paving of Spring Boulevard from the south boundary of 3rd Addition to Firland Heights to 250 feet south; and sanitary sewer to serve the area 160 feet south of the south boundary of 3rd Addition to Firland Heights (1384) (77-29), was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be read the first time and be referred to Hearings Panel for hearing February 5, 1979, with Panel recommendation to be brought back for Council consideration February 12, 1979. Motion carried unanimously. C.B. 1821--Levying assessments for sanitary sewer on Orr Lane from 19th Avenue to 1,000 feet south (77-61), was read by council bill number and title only, there being no Councilor present reques- ting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be read the first time and be referred to Hearings Panel for hearing February 5, 1979, with Panel recommendation to be brought back for Council consideration February 12, 1979. Motion carried unanimously. C.B. 1822--Levying assessments for paving, sanitary sewer and storm sewer to serve Yoder Estates (1446) (78-04), was read by council bill number and title only, there being no Councilor present reques- ting it be read in full. e 1/22/79--7 37 Mr. Delay moved, seconded by Ms. Smith, that the bill be read the first time and be referred to Hearings Panel for hearing February 5, 1979, with Panel recommendation to be brought back for Council consideration February 12, 1979. Motion carried unanimously. 4IIJ VI. RESOLUTIONS Res. No. 3071--Authorizing payment of bills and claims for period January 8 through January 22, 1979, was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. VII. APPOINTMENT OF COUNCILOR TO METRO PLAN POLICY COMMITTEE (MPPC) , " Attorney's memo distributed. Manager said the item had been held over from the Council meeting January 10, 1979. Council has before it the foll owi ng mati on: Mr. Haws moved to amend the motion, seconded by Mr. Lieuallen, that the Councilor assigned to Metro Plan Policy Committee be deleted, and Gretchen Miller's name be submitted as the repre- sentative. Mr. Obie felt the motion was out of order, and requested Mr. Haws and Mr. Lieuallen change the motion to simply reject Mr. Obiels appointment, rather than leaving as 1s with Mr. Obie versus Ms. Miller as Council IS representative. Mr. Haws said he had made the motion, it was not ruled out of order, and it would stand. e Mr. Obie then asked Mr. Haws if, during the time he has served as alter- nate to MPPC, whether any of his actions did not reflect the majority of the Council. Mr. Haws responded he had to answer to the voters of his ward. He said a public debate could be held on philosophical and political differences. However, he felt it was not a question of whether or not Ms. Miller is appointed to MPPC. The issue in his mind was who makes the appointment. Ms. Smith said there was no question in her mind that Ms. Miller would be qualified to represent the Council. However, she felt the Council needed to consider several things in making the appointments. Those things included past procedures of allowing an alternate to be named as the representative because of the experience, continuity, and sensitivity in working with the other governing bodies. She felt Mr. Obiels experience had been well documented. She hoped Council would look at this appointment in the light of needing someone who has the background, experience, and qualifications, and would name the best-qualified candidate. Mayor Keller noted the effort by some Councilors to retain control for appointments of Councilors to different boards and commissions. He felt this was not the issue. Therefore, he ruled the motion, as made, to be out of order. 1/22/79--8 e 3& Mr. Delay moved, seconded by Mr. Lieuallen, to overturn the ruling of the chair. . Mr. Delay said in his reading of the record, Council clearly retained the responsibility for appointment to MPPC. Vote was taken on the motion, which carried with Councilors Haws, Delay, Schue, Lieuallen, and Miller voting aye; Councilors Obie and Smith voting no. Mr. Haws said when the original committee was set up, it was clear to him that Council was not delegating its responsibility to make appointments to this or any other committee. As far as he recollected, Mr. Obie was never appointed as alternate to this committee. Regarding continuity, he said Ms. Miller has attended many of the meetings. Further, he was not sure there would be continuity anyway. He felt Ms. Miller could show sensitivity in working with other public bodies and noted the training Ms. Miller has in land use planning. However, he said the main issue remains who makes the appointments. e Mr. Obie entered into the record a copy of Council minutes of January 12, 1977, in which Mr. Obie was appointed as alternate to MPPC. He continued, the important thing was not who makes the appointments, but what the end result is for the city of Eugene. He said his position regarding serving on MPPC is not an issue of where the urban service boundary should be located, nor low versus high density. His main interest was the livability of Eugene. He felt he could represent the Council very well. He said it important that the City recognize, in passing the 1990 Update Plan, it is going to be necessary to work closely with respect and coordination with the other governmental bodies. He felt he could represent Council well in that respect. He also noted the time he had spent on the committee in the past, and felt that would help him be more representative. He wondered if any compromise could be made by the Council. He asked Ms. Miller to serve as his alternate, with the two of them meeting to discuss matters before MPPC meetings. If there were any real question in the Council's mind that he was not being representative, then with the request of three Councilors, he would resign. Further, he felt it important to have continuity, he had a great desire for input by all, and noted his respect for Ms. Miller's time spent at the meetings. Ms. Miller said she would not feel comfortable with Mr. Obie's suggested compromise arrangement, and would not voluntarily accept it. She saj~ she had attended many of the MPPC meetings, and agreed with the feelings of need for continuity and experience. She had read minutes, research papers, and documents toward providing that continuity. In light of the minutes of the January 12, 1977, meeting, Mr. Haws admitted his error that Mr. Obie was designated alternate representative to MPPC. - Mr. Delay felt the major issue involved any public body avoiding the appearance of evil. He felt the City should not put itself in a position where the community might perceive a conflict between Mr. Obie's private interests and future land use planning. Therefore, he supported Ms. Miller's appointment. 1/22/79--9 3~ Mayor Keller said he felt very strongly this was his appointment to be made. He said in making appointments, he had strived very hard to keep all Councilors happy. He noted in November, 1978, he had requested ~ Councilors to express interest in serving on the boards, and he had ,., labored long and hard to make those appointments as requested. He does not take the appointment process lightly and never will, and will always attempt to do what is in the best interest of the Council so that all will serve to the best of their ability. Vote was taken on the motion to appoint Gretchen Miller as repre- sentative to MPPC, which carried with Councilors Haws, Delay, Lieuallen, Miller, and Schue voting aye; Councilors Obie and Smith voting no. A short recess was taken. VIII. DISCUSSION OF HUMAN RIGHTS COMMISSIONS--Materials distributed. Manager said the concern had been raised by the Council as to whether the Human Rights Commission had obtained their goals and objectives, and the possibility of need for reorganizing or restructuring the commissions because of high turnover on some of the commissions. Regarding the objec- tives, it seemed the commissions had generally impressive accomplishments. Council could direct its initial discussion at reviewing those, and then secondly, could consider establishing a process regarding solutions to the high turnover. Suggestions made by the Manager were perhaps consolidating the commissions, forming them as a subcommittee of a single commission, and/or reducing the size of some commissions which have difficulty in maintaining full strength. He suggested Council might consider a Council ~ subcommittee to address these problems. ~ Ms. Smith felt it important the Council discuss the concerns and sugges- tions, but also that members of the commissions be involved in those discussions. She noted the lack of applicants on those commissions having difficulty as compared with the strong applicants for the commissions which were not experiencing difficulties. Mr. Lieuallen was not sure a Council committee was the best procedure. He did not believe the turnover was of a nature that warrants restructuring the commissions. He wanted to hear discussion and recommendations from the commission members and Human Rights Council, and said perhaps they could suggest a process. Julie Lamberts, Vice-President, Women's Commission, noted her commission had not experienced the problems of others, and felt they had been very vital and effective. However, they were aware of the other commissions' problems. She appreciated the commissions having the right to input into the decision. She was not ready to comment on the suggestion of a Council committee. Personally, and not speaking for the Women's Commission, she felt a small committee could be very effective and helpful at this time to allow the commissions to share concerns with the Councilors. 1/22/79--10 e ~o e e e Thurston Briscoe, President, Minorities Commission, said his commission had the problem of the highest turnover and quorum problems. The com- mission was resolving the problem of quorum by removing persons who failed to come to meetings. He agreed there was a need to get together to create better dialogue between the commissions and the Council. Ms. Miller felt there was a need for more information from the commissions in order to address the turnover and quorum problems. Mr. Delay felt a small Council committee would be the best way to deal with the problems. He had some concerns over the last two years with different aspects of the commissions, and still had some questions about the best way to deal with those problems. Mayor Keller noted his concern was not in the work the commissions were doing, but more in the way of direction of the commissions. He said perhaps there is some problem in the selection of members. He was suppor- tive of the commissions and wanted to make sure they were a viable force in the community. He encouraged formation of a Council committee to deal with the problem. Ms. Smith moved, seconded by Mr. Haws, that a small Council subcommittee be appointed to address the problem, with staff and commission members available as resource persons. Motion carried unanimously. It was consensus Mayor would appoint the committee. Upon motion duly made, seconded, and passed, the meeting was adjourned to ~~Z6/h~ Charles T. Hehr~ ._~ City Manager CTH:DT:pm/CM7a7 1/22/79--11 Y-I