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HomeMy WebLinkAbout09/09/1981 Meeting . M I NUT E S . Eugene City Council City Council Chamber September 9, 1981 11 : 30 a. m. COUNCILORS PRESENT: D. W. Hamel, Eric Haws, Mark Lindberg, Gretchen Miller, Brian Obie, Emily Schue, Betty Smith, Cynthia Wooten. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus keller. 1. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS I A. Lane Council of Governments Councilor Schue reminded councilors of the annual L-COG banquet, to be held on September 10, 1981, to which all councilors had been invited. She said that she has been representing L-COG in a series of regional and State meetings with other Councils of Government to discuss the new Federal-State-local relationship and how COGs might be involved. . B. Selection of Members for Committee to Review Gifts of Art to the Performing Arts Center Councilor Miller said that this was a holdover item from a previous meeting. She asked councilors to give her their prioritized lists of persons to serve on a committee to review potential gifts of art to the Performing Arts Center. C. Cardio-Pulmonary Resuscitation Training for Councilors Councilor Miller asked staff to suggest possible dates for a CPR training session for councilors. She felt that this could be held in the afternoon after a Wednesday council meeting and that other local elected officials, such as County commissioners and school board members, could be invited to participate. O. Lane Economic Improvement Commission (LEIC) Support for Funding of Eugene Conference Center Councilor Hamel presented a letter from Nick Landis of the LEIC in support of Federal funding of $200,000 for the Eugene Conference Center. . MINUTES--Eugene City Council September 9, 1981 Page 1 E. Metro Wastewater Management Commission Councilor Smith reported that the Wastewater Commission had met almost weekly . over the summer to discuss both operation and funding for the new treatment pl ant. Ms. Smith said there were positive indications that the facility would receive some of the moneys available in the 1981 State budget. She added that the commission will continue to lobby to have funding included in the 1982 Federa 1 budget. She asked that the council send letters in support of this funding to Senators Hatfield and Packwood. F. Mayor's Letter to Eugene Water & Electric Board Mayor Keller referred to a draft of a letter to John Tiffany, President of the Eugene Water & Electric Board, requestinif that the board share the provisions of upcoming power and conservation contracts, and the implication of those provis- ions, with the City Council prior to signing of the contracts. Councilors agreed that these contracts had long-term implications for the City and agreed by consensus to the sending of the letter. G. Presentation to Data Processing and Fire Department of URISA Award Mayor Keller presented an award from the Urban and Regional Information Systems Association (URISA) to the Data Processing and the Fire departments for their development of an information management system. Dick Christensen received the award and introduced the other staff members involved in the project. H. Appointments 1. Consideration of Council Subcommittee's Nominations to Various . Human Rights Commissions Ms. Miller moved, seconded by Mr. Obie, to appoint to the Aging Commission: Mariam Russel, 1185 West 13th, to complete the unexpired ierm of Jean Freeman, ending January 1, 1982, ~nd A. Warren Herrigel, 1792 Cal Young Road, #164 as alternate; to the Handicapped/Disabled Commission: Dorothy McNair, 2207 Willona Drive, to complete the unexpired term of Patrick Wallace, ending January 1, 1982, and William Blitz, 790 West 19th Avenue, as alternate; to the Minority Commission: Coralie Washington, 3364 Videra Drive, to complete the unexpired term of Marcine Anderson, ending January 1, 1984, and Misa Joo, 2327 Jefferson, to complete the unexpired term of Teresita Brasser, ending January 1, 1984, and Grady Radford, 1335 Fir Acres to complete the unexpired term of Thurson Briscoe, ending January 1, 1982, and Michelle Ni ckerson, 939 West 4th, #1, first alternate and Amy Shen, 3974 Oak Street, second alternate; to the Youth Commission: Vanessa Hankins, 50 North Monroe, to complete the unexpired term of Teresita Brasser, ending January 1, 1983, and Jennifer Stevens, 1791 Sylvan, to complete the unexpired term of Spencer Wyant, ending January 1, 1984, and Sarah Dougher, 2840 Alta Vista as alternate. Roll call vote; motion carried unanimously. . MINUTES--Eugene City Council September 9, 1981 Page 2 '". 2. Consideration of Mayor's Nominations to Downtown Development Board . and Room Tax Subcommittee. Ms. Miller moved, seconded by Mr. Obie, to appoint to the Downtown Development Board: Gene Brockmeyer, 3598 Emerald Street, to fill unexpired term of Chuck Wickizer, ending January 1, 1984,; and to the Room Tax Subcommittee: Janet Boettcher, 2860 Alta Vista Court, to a term expiring July 27, 1984, Betty Smith, 4001 Potter, as a councilor member, to a term expiring July 27, 1982, and Cynthia Wooten, 670 West 10th Avenue, as a councilor member, to a term expiring July 27, 1982. Roll call vote; motion carried unanimously. I. ANNOUNCEMENT 1. Change in Date of September 28, 1981, Council Meeting. Mr. Gleason, anriounced that the council meeting of September 28, 1981, had been moved to September 29, 1981, to allow councilors to attend the dedication ceremony of the Springfield City Hall being held on the 28th. 2. Topics for Discussion at September 14, 1981, Council Dinner Meeting. Mr. Gleason asked councilors to suggest topics for discussion at the dinner meeting on September 14, 1981. Councilors agreed to discuss the following items at that meeting: . a. Room Tax Subcommittee Update b. Downtown Renewal Plan Update c. Sewage Treatment Plant Operation and Budget II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Approval of City Council Minutes: Regular Meeting of July 8, 1981; Work Session/ Regular Meetings of July 13, 1981; Special/Regular Meetings of July 22, 1981; Regular Meeting of July 29, 1981; Work Session Meeting of August 12, 1981; and Regular Meeting of August 17, 1981 (under separate cover). Ms. Miller moved, seconded by Mr. Obie, to approve City Council minutes of July 8, 1981; July 13, 1981; July 22, 1981; July 29, 1981; August 12, 1981; and August 17, 1981, as noted. Roll call vote; motion carried unanimously. . MINUTES--Eugene City Council September 9, 1981 Page 3 B. Improvement Petitions l. Ivy Glen PUD (affected property on petition--assessable costs: sewers, 100 percent; City cost, none) Res. No. 3570--A resolution authorizing sanitary sewer construction . within Ivy Glen PUD, Phase I (1828). Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. 2. firland Heights PUD (affected property on petition--assessable costs: paving, total front footage, 1,039 feet, 92 percent; sewers, 100 percent; City cost, extra width, $1,000) Res. No. 3571--A resolution authori.zing street paving, sidewalk, sanitary sewer, and storm sewer construction within and adjacent to Firl and Hei ghts PUD (Phase 1) (1860). Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. 3. Mill Street (affected property on petition--assessable costs: sewers, 100 percent). Res. No. 3572--A resolution authorizing sanitary sewer construction on Mill Street at 18th Avenue to serve Tax Lot 17-03-32-3 3 --19600 (1968). Ms. Miller moved, second~d by Mr. Obie, to adopt the resolution. . Roll call vote; motion c~rried unanimously. C. Payment of Bills and Claims (distributed) Res. No. 3573--A resolution authorizing payment of bills and claims for the period of August 10, 1981, through August 24, 1981. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. Res. No. 3574--A resolution authorizing payment of bills and claims for the period of August 24, 1981, through September 9, 1981.. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. D. Resolution re: Safe Deposit Box Rental Agreement (resolution distributed) Res. No. 3575--A resolution authorizing safe deposit box rental agreement and repealing Resolution No. 3461. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried. unanimously. MINUTES--Eugene City Council September 9, 1981 Page 4 '. ~ E. Finance Resolution/Ordinance Re: Sale of General Obligation Bancroft Improvement Bonds, Series "H" (memo distributed) . Ms. Wooten asked what interest was being offered in the sale of the Bancroft bonds. David Coombs, General Accounting Manager for the City, responded that the rate would probably be 11.5 to 12 percent. Ms. Wooten then asked what rate citizens using the Bancroft funds would pay. Mr. Coombs responded that citizens would pay ten percent and explained that the difference in rates can be accommo- dated because existing funds were sold at lower rates and are rapidly being paid off by property owners with the repaid funds being invested at the current market rate. Ms. Wooten then asked if the City is responsible for defaults of citizens in repayment of Bancroft funds. Mr. Gleason explained that in the event of a default, the City can put a lien on the value of the structure on the property for which the assessment is made. Responding to questions from Ms. Wooten and Ms. Miller, Mr. Coombs said that there is an interest ceiling of 13. percent of the sale of Bancroft bonds and that this is a matter of local ordinance. Res. No. 3576--A resolution prescribing the form of notice of sale of $4,910,000 General Obligation Bancroft Improvement Bonds, Series "H", of the City of Eugene, Oregon. Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution. Roll call vote; motion carried unanimously. CB 2354--An ordinance authorizing the issuance and sale of $4,910,000 . General Obligation Bancroft Improvement Bonds, Series "H", of the City of Eugene, Oregon, and directing that they be advertised for sale, all in accordance with the provisions of Chapter 223, Oregon Revised Statutes, commonly known as the Bancroft Bonding Act, and declaring an emergency. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote, motion passed unanimously. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 18855. III. PUBLIC HEARINGS A. Easement/Alley Vacation Requests l. Easement Vacation for Samuel Kirk (EV 81-5) (map distributed) (back round information under separate cover) Recommended approval by Panning Commission, . 5:0 . MINUTES--Eugene City Council September 9, 1981 Page 5 Public hearing was opened; there being no testimony, public hearing was closed. CB 2355--An ordinance authorizing vacation of a 14-foot-wide public . utility easement located at the north of Greenacres Road, west of Balboa Street. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 18856. 2. Easement Vacation for City of Eugene: Public Works (EV 81-6) (map distributed) (background information under separate cover) Recommended approval by Planning Commission, June 8, 1981. Vote 5:0 Public hearing was opened; there being no testimony, public hearing was closed. CB 2356--An ordinance authorizing vacation of the east five feet of an existing 25-foot public utility easement located on the west side of Bailey Hill Road, north of West Leigh. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the " second time by council bill number only, with unanimous consent . of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Ro 11 ca 11 vote. All councilors present voting aye, the bill was declared passed and numbered 18857. 3. Alley Vacation for Judith Lindsay (AV 75-2) (map distributed) (background information under separate cover) Recommended approval by Planning Commission, June 22, 1981. Vote 5:0 Mr. Gleason introduced Jim ~roteau of the Planning Department to give the staff report. Mr. Croteau explained that the request was for vacation of the eastern 130 feet of a 12-foot-wide alley which runs between Riverview and Augusta streets in the Laurel Hill Valley. He said that Tax Lot 1299, the western portion of the alley, is City-owned. Mr. Croteau explained that while this was a dedicated alley, it was currently used and signed as a through street. He indicated that such use had never been intended, but that since the alley was the only east-west connection from Riverview to Augusta, between 16th and 26th avenues, it was frequently used. He said that the request before the council was to provide easement access for adjOining property only, and to exclude through-vehicular traffic while retaining through access for bicycles and MINUTES--Eugene City Council .. September 9, 1981 Page 6 - ~ . pedestrians. He added that due to the narrow size of the alley and the presence . of two-way traffic on it, there were frequent encroachments on private property. Mr. Croteau said that the Eugene Planning Commission had unanimously recommended approval of the vacation. Councilor Miller explained that she had previously had extensive ex parte contacts on this matter, since she had lived on Tax Lot 100 and had been aware of the long history of concern over use of the alley. She said, however, that she had had no substantive contacts on this particular application. She did not feel that she had any conflict of interest, nor was she predisposed toward any particular solution to the problem. She said she therefore felt comfortable participating in discussion and voting on the item. Ms. Miller said that it would be helpful to have additional ;~formation on the degree to which the alley is currently used by persons wishing to drive south through the valley to Interstate 5 and of any possible alternative routes. Public hearing was opened. Judith Lindsay, 1985 Riverview, spoke for.herself as applicant and for her nelghbors Tom and Gloria Thetford and Betty Jones. She explained that this issue had been discussed for ten years. She gave some background of the history of deeds and easements in the area and of the City's acquisition of Tax Lot 1299 and of the dedicated portion of the alley. She explained that, contrary to Mr. Croteau's statement, only half of Lot 1299 is a dedicated roadway. Ms. Lindsay said that the alley is narrow and steep, with a ten percent grade. She said that the alley cannot be widened without moving houses. She was concerned about the large amount of dust raised by traffic on the alley and by daily encroachment . of alley users onto adjoining private property. She stated that in 1979, the Laurel Hill Neighborhood Association had voted to relinquish its interest in the City-owned lot. Allen Gray, 2035 Riverview, referred to the alley in question as "20th Avenuell and said that it was the only east-west connection from Riverview to Augusta, between 16th and 26th avenues. He noted that despite the fact that the Transpor- tation Improvement Plan called for preserving east-west connections in the valley, two such connecting streets had recently been closed. Mr. Gray opposed this vacation unless some other east-west street were opened in its place. Don McCloud, 2151 Riverview, clarified the stand taken by the Laurel Hill Neighborhood Association on this issue in 1979. He said the neighborhood's stand had been that if the City vacated the alley, the neighborhood association asked that an easement for pedestrians and bicycles be given. Mr. McCloud said that he is a member of the Laurel Hill Refinement Plan Update Team and that 12 of the 13 members of that team contacted had agreed to urge the council to table consideration of this item until the update is completed. He said that transpor- tation considerations playa major role in the update and that the planning team might well have recommend at ions on the future of "20th Avenue. II William Schwall, 2260 Riverview, said he felt it was a good idea to return the land 1n quest10n to the tax rolls, but he urged the council to postpone making a decision until the transportation needs of the valley are examined by the Refinement Plan Update Team. . ( MINUTES--Eugene City Council September 9, 1981 Page 7 ~ There being no further testimony, public hearing was closed. Mr. Croteau noted that several of those testifying had referred to this alley as . "20th Avenue," but that this was not a street. It was rather a 12-foot-wide pathway with steep slopes, unsuited to vehicular traffic. Mr. Croteau said that this matter had been before the Planning Commission three times in the recent pasL He reiterated that both the commission and staff felt that the proposal under consideration was a good solution to the problem. Mr. Obie asked how staff would react to the suggestion of tabling the issue until the refinement plan update is completed. Mr. Croteau responded that in general this was a good way to proceed, but that in this instance, he felt that the refinement study will not find any new solutions to the specific problems of this alleyway. Responding to a question from Mr. Hamel, Mr. Croteau said that the Rikeways Master Plan shows this alley as a bike connector which should be preserved. Councilor Schue asked if Tax Lot 1001 is large enough to allow a house to be constructed on it. Mr. Croteau responded that the City did not recognize the division of Lots 1001 and 1002 and regarded them as one parcel. He noted that there are two dwe11inq units on Lot 1002 and predicted that requests for a partition of Lot 1001 would probably be denied for lack of access. Responding to a question from Councilor Miller, Mr. Croteau said that no traffic studies had been done to determine the number of vehicles currently using the a 11 ey . Ms. Miller suggested that council consideration of this item be postponed to a . specified date in the future so that the refinement planning team could comment on the relation of the alley to transportation patterns in the valley; so that staff could provide more information on how the alley and lots abutting it could be developed; and so that consideration could be given to the possibility of waiving normal street width and setback requirements and making this alley a through street. Ms. Miller felt that the fact that there is no cross street in the area for ten blocks makes vacation of the alley seem more on the order of putting up a barricade than of a routine vacation. Councilor Smith asked what the effects of delaying council decision on the item would be on the construction of a bike path. Mr. Croteau responded that the whole project would probably be put on hold until the council made a decision on the matter. Respondinq to a further question from Ms. Smith, Mr. Allen indicated that the cost of the bike path would be approximately $5,000, or $20 per linear foot. He noted, however, that a bike path would only be constructed in the eastern portion of the alley, and that the western portion would remain open for automobiles. MINUTES--Eugene City Council . September 9, 1981 Page 8 Ms. Miller moved, seconded by Mr. Obie, that the vacation request of Judith Lindsay be tabled for consideration on or before the . first Wednesday council meeting in May, 1982. Ms. Miller said that the most serious immediate problem with the alley seems to be the dust raised by cars in the alley. She therefore proposed the May deadline so that the matter could be considered before the summer 1982 dry season. She felt that by that time, the Refinement Planning Team should have had time to accumulate data regarding the alley, even if the transportation portion of the update were not entirely completed. She added that if the staff needs the matter to be heard prior to May 1982, this should be done. Mr. Obie supported the motion and asked that a study be made of traffic flow in the alley. . -, Roll call vote; motion carried, with Councilors Smith, Miller, Obie, Haws, an~ Wooten voting aye and Councilors Lindberg, Hamel, and Schue voting no. B. New Liquor License Outlets Mr. Gleason stated that all was in order with each of these new liquor license outlet applications and that staff recommended approval. Mr. Obie abstained from voting since he had been out of the Council Chamber during the presentation of this item. 1. 7-Eleven Food Store (package store); located at 1888 Franklin . Boulevard; applicant: Southland Corporation, John Reiche, Assis- tant Secretary. Public hearing was opened; there being no testimony, public hearing was closed. Ms. Miller moved, seconded by Mr. Haws,.to forward to OLCC with recommendation for approval, subject to conditions, if any. Roll call vote; motion carried unanimously with Mr. Obie abstaining. 2. Blair Island (retail malt beverage); located at 325 Blair; applicant: Blair Island, Inc., Toby Alves, President. Public hearing was opened. Fran Chylek, 1790 West 13th Avenue, said that she is one of the six owners of Blalr Island and was present to answer any questions councilors might have on the application. There being no further testimony, public hearing was closed. Ms. Miller moved, seconded by Mr. Haws, to forward to OLCe with recommendation for approval, subject to conditions, if any. Roll call vote; motion carried unanimously with Mr. Obieabstaining. . MINUTES--Eugene City Council September 9, 1981 Page 9 3. The Little Mermaid (package store); located at 1991 West 11th Avenue; applicants: Carol Schmidt and Lynn Salmon. Public hearing was opened; there being no testimony, public hearing was closed. . Ms. Miller moved, seconded by Mr. Haws, to forward to OLCC with recommendation for approval, subject to conditions, if any. Roll call vote; motion carried unanimously with Mr. Obie abstaining. 4. Carrows Hickory Chip Restaurant No. 7140 (restaurant); located at 2303 West 7th Avenue; applicant: Carrows Restaurant, Inc. and others. Public hearing was opened; there being no testimony, public hearing was closed. Ms. Miller moved, seconded by Mr. Haws, to forward to OLCC with recommendation for approval, subject to conditions, if any. Roll call vote; motion carried unanimously with Mr. Obie abstaining. 5. Hot Stuff Gasoline (package store); located at 485 Highway 99 North; applicant: Euroco Oi 1, Inc. Public hearing was opened. Ms. Wooten said that she had had several inquiries from constituents who were concerned about the sale of alcoholic beverages in a gasoline station. She asked Police Chief Packard to respond to this concern. Chief Packard said he personally felt it was bad to mix liquor and gasoline sales, but that department policy is for staff to recommend denial of liquor license applications or renewals based only on a previous record of abuse or problems. Ms. Wooten asked . if such small markets encourage hold-ups. She had heard convenience stores referred to as "shop and robs." Chief Packard responded that recent figures show robberies in the city down by 15 percent. Public hearing was opened; there being no testimony, public hearing was closed. Ms. Miller moved, seconded by Mr. Haws, to forward to OLCC with recommendation for approval, subject to conditions, if any. Roll call vote; motion carried unanimously with Mr. Obie abstaining. IV. ORDINANCE REGULATING THE SIGNING OF PRIVATE AND PUBLIC PARKING FACILITIES (memo, ordinance distributed; additional information under separate cover) Mr. Gleason introduced Police Chief Packard to give the staff report. Mr. Packard said that State law establishes conditions which must be met regarding private parking facilities, but does not specify how these conditions are to be met. Mr. Packard said that the ordinance before the council would require signing of these facilities with a sign readable at 50 feet. Mr. Packard said that his department had worked with the City Attorney's Office on the ordinance and had based much of the ordinance on communication with other cities that have established such ordinances. Mr. Packard said that the ordinance also MINUTES--Eugene City Council September 9, 1981 Page 10 . " ~. required that the fees charged by towing companies for removal of illegally . parked cars be posted both on the tow truck and in the business offices of the towing firms. This would establish that fees are firm and not subject to negotiation. Mr. Packard suggested that the council ask staff to report back in 90 days on how the ordinance has worked to see if the problems found in the past have been alleviated or if tighter regulation is needed. Responding to a question from Councilor Smith, Chief Packard said that the ordinance does not propose regulation of towing fees and will leave the setting of fees up to the industry. Ms. Smith said that she preferred that the council not regulate fees. She hoped that the proposed ordinance and the public expres- sion of concern would move the industry to become better organized and more responsive to the needs of the public. Responding to a question from Councilor Haws, Chief Packard said that under the proposed ordinance, private, non-commercial parking lots would not be required to post signs. In response to further questions from Councilor Miller, Mr. Packard said that parking lots of apartment buildings which are made available to the public would be required to post signs under the ordinance. City Attorney Les Swanson elaborated on this by citing paragraph 1 of Section 5.540 of the proposed ordinance which defines parking facility. Public hearing was opened. William Bain, Lane County Assessor, 1755 Balboa Street, spoke in favor of the ordinance. Mr. Bain discussed the towing of the car of an appraiser from 'his . office and of ensuing negotiations with the towing company over the fee for release of the car. He said that during fee negotiations, the tower raised the fee. Mr. Bain felt that there is a high risk of harmful confront at ions in the current towing situation. He felt that the proposed ordinance was a start, but that the council might find a stricter ordinance needed. He pointed out that police have not been informed prior to the towing of cars, although this is required by ORS 98.182. Mr. Bain also suggested that towing firms be required to provide 24-hour phone answering, with messages giving information on the whereabouts of and procedure for claiming towed cars. Alan L. Ludwick, 1717 Centennial Boulevard, Springfield, stated that he was an attorney representing Emerald Towing. Mr. Ludwick said that he had only just received notice of the proposed ordinance and had had only 24 hours to review it. Mr. Ludwick said that several points not covered by the ordinance had been raised, such as the amount of towing that is done, the alleged negotiation of fees, the suggestion of 24-hour phone contacts, and the question of prior notification to police of towing. He said he would not address these issues at this time, since they are not covered in the proposed ordinance. Mr. Ludwick then went through the ordinance section by section and made the following suggestions. In Section 3.460, paragraph 1: Change the words "machine-lettered" to "readab 1 e. II In paragraph 2: Change the word "owner" to IIdriver.1I Regarding this section, he also felt that the second sentence was unnecessary, since current practice is not to charge a fee if the car has not yet been hooked up for towing. Mr. Ludwick also wondered if the requirement of being readable G . MINUTES--Eugene City Council September 9, 1981 Page 11 .' from a distance of 20 feet might not require signs so large as to violate the . City sign code. In Section 5.540, paragraph 1: Mr. Ludwick said that the definition of "parking facility" was too broad and asked that the second half of the definition be deleted. In paragraph 4, subparagraph 2: Change the word "person" to the word "firm" or "business." Mr. Ludwick said that his client agreed with the need for signing. He said that recent publicity over towing has resulted in a number of lawsuits and considerable expense for his client. Mr. Ludwick said that towers object to the ordinance requirement that fees be posted on the sides of their trucks, since this would be unsightly and unrelated to other towing work they do. Kenneth R. Moore, PO Box 292, Eugene, spoke in favor of the ordinance. He felt that when businesses abuse their privileges, they must be regulated. He suggested that lettering on signs be required to be visible day and night. Mr. Moore was concerned with the carrying and displaying of firearms by towers. He felt police should check those carrying firearms to see if they had criminal back- grounds. He said towing companies should be liable for the actions of gun-carry- ing employees. He suggested addition of a section to the ordinance which would prevent towers from "cruising" or seeking out illegally parked cars. The council took a five-minute recess. John Detroit, 750 Oak Street, waived his request to speak in light of time consideratlons. James Stenklyft, Sacred Heart Hospital, waived his right to speak in light of . time considerations. Bernard Spielman, 144 Corliss Lane, said he owned Farwell's Towing. He said that one of his drivers had carried a rifle on the job, because "someone was hunting for him." He felt that the City sho~ld not get involved in the business dealings of towing companies, but should leave the business to the laws of supply and demand. Kirt E. Stockwell, 1810 Harris Street, #139, said he was employed by Income Property Management, and was resident manager of Woodside Manor at 1810 Harris Street. He said that tenants of that building pay for private parking spaces and deserve to be able to park in those spaces and not have them usurped by illegal parkers. He said it is the illegal parkers, not the towing companies, who are violating the law. Mr. Stockwell said that prior to the publicity regarding towing, Emerald Towing had patrolled his building's parking lot at random intervals. He felt that the word "cruising" did not apply to such contractual patrolling. John Walkys, 16-f/2 West 6th, represented Scott and Sons towing. He said that the cost of signing and fee posting required by this ordinance would be passed on to the customers who use the lots. €V . MINUTES--Eugene City Council September 9, 1981 Page 12 W. G. Sullivan, 1526 West 2nd Avenue, represented J and W Towing Company. He . said that the Public Utilities Commission formerly regulated the towing industry, and that there were none of the problems then that existed today. He felt that signing of lots is necessary, but that signing of fees on tow trucks is not necessary. He said that his firm only does towing of illegally parked cars as a small percent of its business, and therefore did not want fees for such towing permanently affixed to its trucks. He felt there is a need for regulation of towing fees. Quito Smith, 1157 Monroe, said he had driven for a number of towers. He sa i d that towers are subjected to verbal and physical abuse. He said fees go up during periods of abuse and debate, not because they are negotiated, but because businesses want to be compensated for the time their vehicles sit idle. Mr. Smith invited the City Manager, councilors, and staff to attend a meeting of the McKenzie Chapter of the Oregon Tow Truck Association on October 13, 1981, at George's Restaurant to discuss the ordinance and ways the towers can work with the City. Regarding earlier discussion of "cruising," Mr. Smith said that this practice is no different than that performed by a "meter maid" who goes out looking for violators. There being no further testimony, public hearing was closed. Responding to questions from Councilor Wooten, Chief Packard said that the term "crui sing" refers to patro 11 ing lots under a contract agreement. He said that tow companies have recently been informing the Police Department before cars are towed. e' Mr. Swanson responded to remarks made in public testimony. He said that Mr. Ludwick had made some reasonable suggestions, but Mr. Swanson did not feel that the suggestions outweighed the reasons for retaining the wording originally proposed. Mr. Swanson did believe that the word "owner" should possibly be replaced with the words "owner's agent" or "driver." Chief Packard referred to testimony regarding posting of fees on trucks. He agreed that towers take pride in their trucks and that perhaps the requirement should be for a printed schedule of fees to be posted in a window of the truck while towing of illegally parked cars was being done. Councilor Miller pointed out, however, that the law requires that windshields of cars be unobstructed. Councilor Obie suggested that the fee schedule be posted on the sign in the parking lot. Mr. Packard responded that this had been considered, but that it would mean frequent expense to change the information each time the fees are changed. Councilor Obie questioned Chief Packard about allegations that some tow truck drivers carry firearms. Mr. Packard said this is sometimes done. He said that City police can cite those carrying firearms in violation of the law, but that some drivers do have permits to carry concealed weapons. He added that the Eugene Police Department is not responsible for issuing such permits. Mr. Obie asked if the ordinance could be written to outlaw the carrying of weapons in tow . MINUTES--Eugene City Council September 9, 1981 Page 13 trucks. Chief Packard suggested that the council tryout the new ordinance for -- 90 days to see how it works and then consider whether additions are necessary. He said that he believed the council could regulate firearms within the city limits if it chose to do so. Mr. Swanson cautioned that restricting firearms as proposed by Councilor Obie might conflict with State or US constitutional laws. Councilor Hamel said that he had been under the impression that towing was only done when the owner of the property telephoned the towing firm to request that a specific illegally parked car be removed. He felt that the City should put an end to the practice of "cruising" and put the onus back on the property owners. He agreed with Councilor Obie that it was important for staff to check into possible restrictions to eliminate carrying of firearms in tow trucks. Councilor Smith suggested that staff attend the October 13 Tow Truck Association meeting and that the council reconsider the ordinance after that meeting. Councilor Schue disagreed and felt that it was best to get the ordinance into effect as soon as possible and then discuss possible adjustments to it. Mayor Keller appointed a task force consisting of Chief Packard, City Attorney Les Swanson, John Detroit, Kirt Stockwell, Allen ludwick, and a representative from the City Manager's Office to meet and discuss the issues which had been raised. He asked that the item be postponed to the September 16 council agenda and that the task force report back at that time. Councilors agreed by consensus to this arrangement and to the suggested postponement. The following items were held over: e IV. Resolution Amending Resolution Creating Emerald Canal Feasibility Task Force V. Traffic Control Ordinance Providing for Police Community Service Officers, Police Explorers, and Police Reserves to Direct Traffic VI. Condemnation Authorization for Purchase of Street Right-Of-Way for Roosevelt Boulevard Paving Project VI I. Resolution Regarding the Metropolitan Area Traffic Signal System Project VII I. Amendments to the Condominium Conversion Ordinance The meeting was adjourned to Monday, September 14, 1981. Respectfully submitted, ~~- Micheal D. Gleason City Manager (Recorded by Darcy Marentette) DM:cj/CM8b17 - MINUTES--Eugene City Council September 9, 1981 Page 14