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HomeMy WebLinkAbout10/03/1979 Meeting . t M I NUT E S tit EUGENE CITY COUNCIL Oetcber 3, 1979 ------------------------------------------------------------------------------- Adjeurned meeting frem September 24, 1979, of the City Ccuneil .of the City of Eugene, Oregon, was called te .order by His Honor, Mayor Gus Keller, Oeteber 3, 1979, 11:45 a.m., Council Chambers, with the follewing Councilors present: Betty Smith, D.W. Hamel, Eric Haws, Seett Lieuallen, Brian Obie, and Emily Schue; Councilor Gretchen Miller and Jack Delay were absent. ------------------------------------------------------------------------------- I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Citizen Participation Month--Mayer Keller anneunced that Octeber is citizen participation menth; citizens are enceuraged te submit appli- cations for the various beards and commissions which have vacancies that will be filled in January. B. Balleting for Interviewees for Citizens Invelvement Cemmittee--Eighteen applications have been received and Councilors were asked to submit their first, second, and third cheices. Ballots will be tabulated, finalists selected, and a date for interviews set at this meeting. C. Meetings Scheduled--Manager announced there would be a Budget Cemmit- tit tee meeting at 7 p.m., Menday, Octeber 8, preceding the City Ceuncil meeting. There will be a Revenue Task Force meeting at nccn, October 4. Manager alse mentioned that the League of Oregen Cities meeting this year will be November 11, 12, and 13. Staff will werk with Ceuncil members on submitting their registratien forms. Mayer Keller mentiened that last year Ceuncilor Obie made recommendations on pro- grams to he held. That type of input was appreciated and, because of Mr. Obie's suggestiens, there will be seme very goed programs this year. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Appreval of Council Minutes .of September 24, 1979. Ms. Smith meved, seconded by Mr. Hamel, to approve Council minutes of September 24, 1979. Motien carried unanimously. B. Improvement Petitions (Affected preperty en petitien; assessable cests: Paving, 100%; sewers, 100%; City cost, none) Res. No. 3244--Autherizing paving, sanitary sewer~ and storm sewer on Solar Heights First Addition (1748 was read by number and title. e Ms. Smith moved, seconded by Mr. Lieuallen, te adept the resolution. Roll call vote. Metion carried unanimously.. 10/3/79--1 538 r (Affected property on petition; assessable costs: Paving, 100r,; sewers, 100%; City cost, none) e Res. No. 3245--Auth.orizing paving, sanitary sewer, and storm sewer within Sunridge One (1714) was read by number and title Ms. Smith moved, seconded by Mr. Lieuallen to adopt the resolution. Rell call vote. Metion carried unanimously. (Affected property on petition; assessable cests: Pavi ng, tetal frent footage, 391.39 feet, and frent feotage petitioned, 391.39 feet, 100%; sewers, total square foetage, 54,916 feet, square feetage petitioned, 54,916 feet, 100%; City costs, none) Res. No. 3246--Authorizing paving, sanitary sewer, and sterm sewer within Dean Lewis Plat (1725) was read by number and title Ms. Smith meved, seconded by Mr. Lieuallen te adept the reselutien. Roll call vote. Metien carried unanimously. C. Awarding Censtrwction Warrants--Manager said that the construction warrants wgre broken down i~te smaller ameunts to attract more ridders, but that did-net ~appen. Fi~ance Directer said the interest rate received of 6.85 percent was faverable. He is disappointed in the number .of bids, but the ratie of deposits versus loans with mest banks is pretty high and there is quite a demand for money at this particular time. He added that en Slecks 2 and 3 .only First Natienal e Bank submitted a bid, and that on Block 1 Oregon Bank also submitted a bid. Res. No. 3247--Awarding sale .of Bleck 1 .of Limited General Obligation Imprevement Warrants te First National Bank at an interest rate .of 6.85% in the amount .of $1,999,801 was read by number and title. Res. No. 3248--Awarding sale .of Block 2 of Limited General Obligation Improvement Warrants to First National Bank at an interest rate .of 6.85% in the ameunt of $1,997,919 was read by number and title. Res. No. 3249--Awarding sale of Bleck 3 .of Limited General Obligatien Imprevement Warrants te First National Bank at an interest rate of 6.85% in the amount .of $3,588,891 was read by number and title. Ms. Smith moved, secended by Mr. Lieuallen to adept the reselutiens. Rell call vete. Motien carried unanimeusly. I II. PUBLIC HEARINGS A. Vete: 5:0 Public hearing was held with no testimeny presented. - 10/3/79--2 55Cf , CB 2002--Autherizing easement vacation of seven-foet-wide public utility tit easement aleng and on the north side of Lot 3, Blackstone Sub- divisien, except east five feet aleng Jessen cul-de-sac and west seven feet aleng boundary .of plat for property located approxi- mately 300 feet north of Jessen Drive and east of Elizabeth Street was read by number and title .only, there being ne Ceunciler present requesting that it be read in full. Ms. Smith meved, seconded by Mr. Lieuallen, that the bill be read the second time by ceuncil bill number only, with unanimeus consent of the Council, and that enactment be considered at this time. Motien carried unanimously, and the bill was read the second time by ceuncil bill number .only. Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Roll call vote. All Council ors present voting aye, the bill was declared passed and numbered 18509. B. Public Utility Easement Vacation For Lyndon Homes, Inc. Lynn R i etman EV 79-5 Recommended by Planning Cemmission May 7, 1979 Vote: 5:0 Public hearing was held with no testimony presented. CB 2003--Authorizing easement vacation of 14-foot-wide public utility easement between Lots 7 and 8, Lyndon Heights Subdivision, except e five feet along Center Way, for property located en the east side of Center Way approximately 500 feet south of Martin Drive was read by number and title only, there being no Ceunciler present requesting that it be read in full. Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be read the secend time by ceuncil bill number only, with unanimeus censent of the Council, and that enactment be considered at this time. Motion carried unanimously, and the bill was read the secend time by council bill number only. Ms. Smith moved, seconded by Mr. Lieuallen, that the hill he approved and given final passage. Roll call vote. All Council ors present voting aye, the bill was declared passed and numbered 18510. C. New Liquor License Outlet; Vintage House Merchants, Inc. (wholesale malt beverage and wine); 265 Taylor Street; (Vintage House Merchants, Inc.) Manager said that the application is in order and that staff has no objection to recommending appreval. Public hearing was held with ne testimony presented. Ms Smith moved, seconded by Mr Lieuallen te forward to OLCC with recommendation for approval, subject to conditions, if any. Motien carried unanimeusly. e 10/3/79--3 54-0 ~ IV. BALLOTING ON CITIZENS INVOLVEMENT COMMITTEE INTERVIEWEES Manager anneunced the results .of the balloting by Council members: e 1st Cheice 2nd Cheice 3rd Cheice Scett Lieuallen Dan Anderson Darcy Marentette Sharry Manning Eric Haws Dan Anderson Dona Barber Carel Cegswell Brian Obie Lel and Cramer Darcy Marentette Jeannie Walten Betty Smith Darcy Marentette Joann Kranc Mary Walsten Emi 1 y Schue Darcy Marentette Robert Reuschlein Joann Kranc Bi 11 Hamel Jeannie Walton Marcella Schlegel Darcy Marentette Ms. Smith suggested that the tep four candidates be interviewed and a date set for Menday night, October 8, 6 p.m. Ms. Smith moved, secended by Mr. Lieuallen, to interview Darcy Marentette, Daniel Andersen, Joann Kranc, and Jeannie Walten. Motion carried unanimously. V. CONSIDERATION OF PARADE ORDINANCE AMENDMENT Manager reviewed the changes te the ordinance and stated that they would accomplish the fellewing: The definition .of parade is set forth te cure a vagueness preblem as it was fermerly undefined; criteria are set ferth in limiting the decisien te waive the 24-hour time limit fer applying fer a permit; criteria are defined fer the decisicn te grant .or deny a permit e and written findings from the Police Chief .or his designate are required en permit denials; a sectien has been added to require administrative rules on guidelines fer parade permits; and Eugene Cede 5.520 is amended te add deviance from the planned reute or assembly peints as grounds te revoke the permit by the Police Chief or his designate. He al so referred to an Octeber 1 memo making a further change that weuld exclude persens in parklands, engaging in recreation, and alse laber picketing under this definition. He said, in addition, the response and applicatien time would be increased te 48 hours. Mr. Lieuallen wendered about the rationale behind defining a parade as ten peopl e. City Atterney Stan Long said that it is simply a convenient number. Mr. Lieuallen also wondered abeut the administrative rules. He thinks it is important for Council te review the rules and establish a process te allow medification, if desired. The .ordinance as written prebably dees net give the Ceuncil that prerogative. Mr. Lieuallen did not feel a need to change the ordinance te incorperate a Ceuncil review process, but felt it was important that staff previde Councilers with a cepy .of these rules. Manager said these rules will be shared with the Ceuncil. Mr. Lieuallen alse referred te an earlier march which had been incerrectly called "march against the night". He clarified the march saying it was called "march to' take back the night." There had been a cenflict with the Pel ice Department because the marchers did not stick te the original agreement. Manager referred to page 3 .of the .ordinance, Subsection 6, which says e that, "If the Chief .of Pel ice preposes alternatives or refuses te issue a 5'+1 10/3/79--4 . pennit, the appl icant shall have the right te appeal hi s deci sien to the e Council.1I He said that is a way fer achieving changes in the rules. He said that the Ceuncil may want to use a panel of the Council in such cases rather than the entire Council as it now states. Ms. Schue said she likes the ordinance the way it is. She feels that, if matters are reutine, the police will handle them. If it comes te the Council, it will prebably be enough .of a preblem to warrant full Council attention. Ms. Smith agreed with Ms Schue. Mayer Keller wendered if a subcommittee could be more timely in deal ingwith such preblems since they will prebably be at a crisis level at that point. Mr. Obie said he would be mere comfortable with the Mayer, President, and Vice President of the Council tackling these issues, rather than trying to get the whole Ceuncil tegether. Mr. Lieuallen said he didn't think such matters weuld arise en an emergency basis, but rather there weuld be time eneugh fer an appeal precess through nonnal channels. That would be his preference at this point. Chief Breeks said he did net have a preference on how this is handled. CB 2001--An .ordinance concerning parades; amending Sectiens 5.500, 5.505, and 5.520 .of the Eugene Code, 1979; and declarin9 an emergency was read by number and title only, there being ne Counciler present requesting that it be read in full. Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be read the second time by ceuncil bill number only, with unanimeus censent .of the Council, and that enactment be considered at this time. Motien carried unanimeusly, and the bill was read the e secend time by council bill number only. Ms. Smith meved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Roll call vete. All Ceuncilers present voting aye, the bill was declared passed and numbered 18511. VI. CRIME CONTROL WITHIN DOWNTOWN MALL AREA--ORAL STAFF REPORT Council has received a repert covering a 19-menth period prepared by Ceuncil Assistant Pat Lynch. It reflects a trend teward a slew increase in certain problems and incidents, but .one which is highly seasonal. Captain John Rutledge, Police Department, emphasized the repert which indi- cates that activity tends to be fairly miner with the one tragic exceptien being a homicide that recently toek place in that area. There is a slight increase in activity in the last 17 te 24 months and the Pel ice Department has respended to that situatien. Generally, he said, the increase is very sl ight and, in April, it dropped off quite dramatically. Four or five officers were placed in the mall as a result of the hemicide there. Since last Nevember, the Police Department has met with the Dewntown Businessmen's Asseciatien and mall security people, as well as the Downtown Development Beard. The tenor is that the mall is in the best condition ever. The .only exception they note is a preblem dealing with vandalism of public preperty and loitering. He noted that although seme behavior may not be acceptable te all, the Pelice are unable to de anything unless it is illegal. The e feeling is that the mall is getting bad press that it really does not deserve. 10/3/79--5 542.. I Mr. Lieuallen wendered hew the Pel ice Department felt about the general perceptien that the mall is not well enough patrolled. Captain Rutledge e said he thinks in some areas more police patrels could be used. Mr. Lieuallen said he understeed there was more .of a shift in patrol personnel in the area, net an increase in personnel. Captain Rutledge said that was true and that some security pel ice of the Overpark had been shifted te the mall. He alse neted that unifermed officers are mest effective in deter- ring crime and the ICAP crime analysis pregram has directed them te certain pl aces. Ms. Smith said she feels that there is still a preblem in educating the public pesitively with respect te the mall crime control. Captain Rutledge responded that the downtown businessmen are trying te get informatien out, as well as getting mere activities going en the mall. As far as a media effort, he is net sure what is developing in that regard. Hewever, he said, positive actien is being taken. Assistant City Manager said that he and the Police Chief met with the Eugene Dewntown Asseciation. They have increased financial suppert in the areas of premotion and public education. Mr. Obie felt the questien is whether a satisfactery enough public 'safety pregram exists en the mall. Chief Breeks said that in the first six menths of the year they have 112 city-wide rehberies, six of which have been in the mall. He thinks there has been a great deal of help frem the husiness cemmunity hut, of ceurse, they will have to centinue te patrol the area. .He feels that mere dollars can always be used fer unifermed police there as well as in the entire community. e Mr. Lieuallen commented that .one effective way te deal with the problem seems to be a mebile appreach--te neglect .one lecatien and cencentrate en anether and keep the target areas unpredictable. That, .of course, is being done through the ICAP pregram. Chief Brooks added that very seldom is a majer crime committed with a police .officer in sight. Mr. Lieuallen said he weuld like te see mere frequent reports from the Department, that a mere pesitive suppert weuld be gained through a more extensive public reperting precess. Chief Breeks added that the COP team is available to de research fer citizens in an attempt to clear up any rumers that may be circulating. Mayer neted that not much can be done abeut the "bad press" preblem. VI I. CONSIDERATION OF PROHIBITED WEAPONS ORDINANCE AMENDMENT Manager noted that Ceuncil had received a September 25 memerandum from Captain Larion of the Police Department. He emphasized that the preblems cited are city-wide, net a mall preblem. He al so said that a mest imper- tant sentence is the last one which states: "During the same peried, six attempted murders and six murders were ccmmitted by us i ng a kn ife. II Chief Broeks alse added that he had received a repert from LEAA saying that knives are the mest commen weapons used in rapes. He strongly believes that those crimes weuld net have been committed without the presence of knives. Captain Larien gave a demenstratien .of the various kinds of weapons cur- e rently being carried. He said the yeunger peeple do net cenceal them, but usually carry them en a belt on their hip. 5L.f3 10/3/79--6 City Atterney Stan Long said the City presently has some Code provisions e that are quite .old that cannot be effectively implemented The ordinance eliminates the ineffectiveness. It prevides that one cannot carry knives of a certain size--more than three-and-one-ha1f inches in 1ength--and regulates legitimate uses. He said that since there are legitimate uses, such as ce11ector's items or hunting; it is .necessary to set up ways of dealing with those situations. This particular ordinance sets up affirma- tive defenses which means that, if a person was charged and ceu1d give a bona fide reason for carrying the weapon, he/she would be acquitted. In terms of enfercement, an arrest would net be made in the first place if a person could effectively explain the reason he/she is transporting the weapon. Staff has worked very hard trying to see that good, safe uses are not curtailed. Rick Stoughton, 26770 Pickens Road, demenstrated a deub1e-edged sporting device that he makes. He said it is used in games requiring accuracy. He said he could lese up to 30 percent of his income if sale of this particu- lar device is prehibited. City Attorney Stan Long responded that the sale of a knife or transporta- tion of it from .one place te another is not prehibited, ner is the trans- portation .of a device if one is geing te or from a recreational activity. It would simply prehibit carrying the weapen in places such as taverns or on the mall where there would be no use for it. In answer te a question by Mr. Lieua11en, Mr. Long said that taking part in an organized activity such as a martial arts school is net prohibited. Mr. Haws suggested that e the .ordinance be passed as is and be adjusted later, if necessary. Mayo r said that this .ordinance handles a fair and valid concern of the Police. He said he felt comfortable with the ordinance as it allowed the purchase of these items to be used for what they were intended. Manager said there is a miner technical correction, en page 2, Section 4.890(4)(a) and (b). At the end of each .of those subsections there should be the word "and" fellowing the semicolon. The werd II and" is necessary because all of the cenditions need to be met, not just any .one condition. Mayor Keller a1se noted that the word defense is spelled wreng. CB 2004--An .ordinance concerning prohibited weapons; adding a new Section 4.030 to the Eugene Cede, 1971; amending Section 4.890 .of that Code; and declaring an emergency was read by number and title only, there being no Councilor present requesting that it be read in full Ms. Smith moved, seconded by Mr. Lieua11en, that the bill be read the second time by ceunci1 bill number only, with unanimous cen- sent 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. Ms. Smith moved, seconded by Mr. Lieua11en, that the bill be appreved and given final passage. Rell call vote. All Ceunc i1 ors present voting aye, the bill was declared passed and numbered 18512. e 10/3/79--7 544 e Mr. Haws wondered hew informatien weuld be distributed cencerning the passage of the .ordinance. Manager said that Police staff weuld see that werd was sent te the press and special notices weuld be sent te scheels. VIII. CONSIDERATION OF CHANGE OF POLICY RE: ATTENDING CONFERENCES IN NON-ERA STATES Ceuncilers have received September 18 letter frem the Commissien on the Rights of Women which suggests that certain Councilers who are serving on varieus committees of national organizatiens, and/or invelved in important projects, from time to time may need to attend conferences in nen-ERA states. -They are suggesting that perhaps Councilers and the Mayor should have mere flexibility to attend these cenferences. Mr. Obie said he appreciates the moderatien. He felt that in the paragraph 3 of the letter which says that when City Councilors. . . II serve on execut ive and pl anni ng committees," it sheuld read "steering and policy committees-. II Mr. Hamel felt, that if anyone person should be able to attend a meeting in a non- ERA state, everyone sheuld ge. Ms. Schue said it is a difficult problem because a majerity of the Council feels they would like to do their part in supporting the ERA. She is willing tc modify the pel icy, but will net change her personal view which is te net attend those meetings. Ms. Smith meved, secended by Mr. Lieuallen, te appreve the policy change as suggested by the Commission on the Rights .of Women. Mr. Obie responded to Mr. Hamel's comments by saying that it seems that if e anyone Council .or wants to be involved it is an individual decision, net a g ro u p d ec i s ion. Mr. Haws said he is .opposed to the medification and will centinue to beycett non-ERA states. However, if a Councilor should attend ene, he will attend alse. It's "all or nothing at all ,II as far as he is cencerned. Manager added that staff has attempted te follew the policy as well. He said they have, in effect, limited the number .of peeple attending such conferences and will continue to de se. As he perceives the Wemen's Commission letter, it does not change the posture of staff. Vote was taken on the motion which carried, all Councilors present veting aye, except Ceuncilors Hamel and Haws voting no. IX. GROWTH MANAGEMENT Discussion of this item was held over te the October 10 meeting, due te the absence of Ceuncilers Delay and Miller. Upen metien duly made, seconded and passed, the meeting was adjeurned. c~nj City Manager - DP:er/CM12a14 10/3/79--8 5'f5