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Home My WebLink About01/23/1985 Meeting . e - '} M I NUT E S Eugene City Council City Council Chamber January 23, 1985 11:45 a.m. COUNCILORS PRESENT: Emily Schue, Richard Hansen, Cynthia Wooten, Debra Ehrman, Ruth Bascom, Jeffrey Miller, and Roger Rutan. COUNCILORS ABSENT: Freeman Holmer. The adjourned meeting of January 21,1985, of the Eugene City Council was called to order by His Honor Mayor Brian B. Obie. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Agenda Adjustment Mayor Obie announced Item V on the work session agenda (Ordinance Concerning Pesticides Right-to-Know) has been postponed at the request of Councilor Holmer. It will be considered at the Council work session of January 30, 1985. The public hearing will be re- schedul ed. B. Industry Presentations Councilor Rutan asked staff to schedule a discussion on the Wed- nesday, January 30, City Council meeting of a proposal for short presentations twice a month at Wednesday Council meetings. The presentations will focus on local industries. C. Bicycle Maps Councilor Wooten requested the Eugene bicycle maps be reprinted. D. Closure of Van Buren Councilor Wooten asked staff to schedule a presentation on Wednesday, February 13 or 20 concerning the closure of Van Buren Street E. Public Hearing re: 6th/7th Councilor Hansen announced the staff did a good job of presenting the 6th/7th avenue widening project at a public meeting on January 22, 1985. MINUTES--Eugene City Council January 23, 1985 Page 1 F. Wednesday City Council Meeting Time Mayor Obie announced Wednesday Council meetings will begin promptly at noon from now on. . F. State Sales Tax Mayor Obie indicated he met with Governor Atiyeh today to discuss the proposed state sales tax, the necessity of allowing local jurisdictions to impose a sales tax, the need for cities to be exempt from paying state sales tax on purchases, and a possible negative impact on the funding of tax increment districts. H. World Trade Week - Mayor Obie announced Eugene has been selected to host several important events during World Trade Week in May 1985. I. Service to Airport Mayor Obie had asked the Airport Commission to work with the Lane Transit District to provide bus service to the airport. J. Appointments 1. Ballot for Interviewees for Openings on Eugene-Springfield Metropolitan Partnership Board of Directors and Establish Interview Time (memo, ballot, applications distributed) The councilors submitted their ballots for those people they wished to interview for openings on the Eugene- Springfield Metropolitan Partnership Board of Directors. Forty-four people had applied for the positions. 2. Notification of Mayor's Appointments to the Design Review Committee (memo distributed) Mayor Obie notified the Council that he has appointed the following people to the Design Review Committee: Richard Hansen, chair, to represent the Council; Rob Bennett to represent the Planning Commission; Steve Adey to represent the Whiteaker Neighborhood; Tom Hoyt to represent the business community; John Kahananui to represent the Design Community Review; Marilyn Odell to represent the Westside Neighborhood; and David Vala to represent the Design Community Review. 3. Confirmation of Mayor's/Council IS Committee Assignments for 1985 (memo distributed) Mr. Rutan noted he will be serving on the Riverfront Park Study Team, al- though his name was not on the list distributed to the Council. Mr. Miller - MINUTES--Eugene City Council January 23, 1985 Page 2 - e e \ said he will serve on the Community Schools Coordinating Committee. Coun- cilor Ehrman said she will be serving as an alternate to the Lane Council of Governments Board. Councilor Schue said the Council representative to that board serves on the L-COG Board of Directors, not on the L-COG Board Execu- tive Committee as stated on the distributed list of committee assignments. Ms. Wooten said she would like to serve on the permanent Community Develop- ment Committee when it is formed. Ms. Wooten moved, seconded by Mr. Hansen, to approve the following Mayor's/Council IS committee assignments for 1985: Boundary Commission Budget Committee -- Freeman Holmer Budget Committee Citizen Involvement Committee -- All councilors -- Cynthia Wooten Jeff Miller, alternate Citizen Participation Review Team Freeman Hol mer Emily Schue Community Schools Coordinating Committee Council Committee on Economic Diversification -- Jeff Mi 11 er -- Mayor Obie -- Cynthia Wooten -- Freeman Holmer -- Roger Rutan -- Jeff Miller Design Review Team Eugene Action Forum Eugene Arts Foundation Board Eugene Celebration Steering Board -- Di ck Hansen -- Jeff Miller Ruth Bascom Cynthia Wooten Debra Ehrman Eugene/Springfield Visitors Convention Bureau Board of Directors Richard Hansen Interim Community Development Committee Joint Agency Committee for Review of Sanitary User Fees Emily Schue Ruth Bascom Joint City Council/4J Board Task Force Emi ly Schue Roger Rutan Emi ly Schue Roger Rutan Joint Parks Committee MINUTES--Eugene City Council January 23, 1985 Page 3 e e - Joint Social Services Budget Committee L-COG Board of Directors Lane Regional Air Polution Authority Legislative Subcommittee Metropolitan Area Transportation Committee (L-COG) Metropolitan Partnership Board of Directors Metropolitan Policy Committee Metropolitan Wastewater Management Commission Riverfront Park Study Team River Road/Santa Clara Policy Committee Southern Willamette Private Industry Counci 1 Utilities Task Force Debra Ehrman Ruth Bascom Emi ly Schue Debra Ehrman, alternate Richard Hansen Emi ly Schue Debra Ehrman Emi ly Schue Freeman Holmer Debra Ehrman Roger Rutan, alternate Richard Hansen -- Mayor Obi e -- Cynthia Wooten -- Mayor Obie Emily Schue Emily Schue Cynthia Wooten Roger Rutan -- Freeman Holmer -- Debra Ehrman -- Jeff Miller, alternate Mayor Obie Emi ly Schue Ruth Bascom Roll call vote. The motion passed unanimously, 7:0. B. Announcements City Manager Micheal Gleason introduced Randy Groves who will serve as the Public Service Officer until July 1,1985. Mayor Obie welcomed Mr. Groves. MINUTES--Eugene City Council January 23, 1985 Page 4 II. ROUTINE ITEM FOR COUNCIL APPROVAL: CITY COUNCIL DINNER/WORK SESSION MINUTES OF DECEMBER 10, 1984 (minutes distributed) ~ Ms. Wooten moved, seconded by Mr. Hansen, to approve the City Council minutes of December 10, 1984. Roll call vote. The motion carried unanimously, 7:0. e e III. ISSUANCE AND SALE OF BANCROFT BONDS (memo, ordinance and resolution distributed) City Manager Micheal Gleason introduced the agenda item. Warren Wong presented the staff report. He asked the Council to approve the issuance and sale of $2.235 million of Bancroft bonds. The bonds finance pUblic improve- ments, such as streets or sewers, in the city. The City absorbs part of the cost and the benefitting property owner pays the other part. Property owners may pay immediately or over a ten year period. The City sells Bancroft bonds to replenish the construction account and makes payments on the bonds from the payments property owners make to the City. The bonds will be sold on March 13, 1985. The low bid from Oregon First Bank will cost the City $39,000 in registration costs. The Council will be asked to award the bonds to the low bidder. Answering questions from Ms. Bascom and Mr. Hansen, Mr. Wong said the Council had approved the projects previously and the improvements were in all parts of the city. Bancroft bonds are the least expensive way for Oregon property owners to make improvements. The Eugene Bancroft account is in relatively good shape because the City has used Bancroft bonds mostly in developed parts of the city where the value of the security is comparatively high. Mr. Wong discussed some undeveloped properties on which the City may foreclose. Mr. Gleason said the City carries significant cash reserves in the Bancroft account. Ms. Wooten asked for a one-page report on the Bancroft account. Responding to questions from Ms. Wooten about possible forclosures on 16 owner-occupied homes, Mr. Wong said the staff had arranged payment schedules with ten of the owners. Six of the owners have indicated the City should foreclose. They owe the tax assessor and lending institutions also. The owners will have one year after foreclosure to redeem the property. The City has not foreclosed on an owner-occupied property in the last four years. CB 2803--An ordinance authorizing the issuance and sale of two million, two hundred thirty-five thousand dollars ($2,235,000) General Obligation Bancroft Improvement Bonds, Series "K" 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 Statutues, commonly known as the Bancroft Bonding Act, and appointing a registrar, and declaring an emergency. MINUTES--Eugene City Council January 23, 1985 Page 5 e e . 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, 7:0. Council Bill 2803 was read the second time by council bill number only. 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. 19305). Res. No. 3896--A resolution prescribing the form of notice of sale of two million, two hundred thirty-five thousand dollars ($2,235,000) General Obligation Bancroft Improvement Bonds, Series IIKII of the City of Eugene, Oregon. Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolution. Roll call vote. The motion carried unanimously, 7:0. IV. GYPSY MOTH ISSUE (memo, background information distributed) City Manager Micheal Gleason introduced the agenda item. Elizabeth Cherry presented the staff report. Tim Rhay of the Parks Department prepared the biological and technical data in the background information. Referring to the January 18, 1985 memo to the Mayor and City Council attached to the agenda, Ms. Cherry said only 30 acres, instead of 38, in the Hawkins Heights neighborhood could be affected by chemical spraying for gypsy moths. Ms. Cherry said the Oregon Department of Agriculture1s Steering Committee (ODA) recommended to the ODA Director three aerial sprayings of Bt over much of Eugene and Lane County in late April and early May. The proposed spraying will be done from 5 to 7 a.m. The Committee also recommended one ground application of Orthene on 30 acres in Hawkins Heights. Sixty-two percent of the area to be sprayed in Hawkins Heights is undeveloped park land. ODA representatives will discuss the proposed plan on January 31,1985, at the Jefferson School. The Director is expected to make a decision in mid- February. Ms. Cherry reported that Lane County officials are considering long-term solutions to the problem, including the siting of a Bt manufacturing plant in the area. Ms. Wooten asked Ms. Cherry to find out if the Oregon Legislature will hold hearings on the ODA program. Ms. Wooten asked Mr. Rhay to send her whatever information is available on the effectivenesss of Bt and Orthene and on the combined use of Orthene, Dimilin, and Bt. MINUTES--Eugene City Council Janua ry 23, 1985 Page 6 e Hawkins Heights is in Mr. Rutan's ward. He had contacted six households. The people contacted hoped the City would find the best way to eradicate the gypsy moth problem. Ms. Erhman thought people should know the problem prob- ably can be controlled, but it probably won't go away. V. RESULTS OF BALLOTING FOR INTERVIEWEES FOR OPENINGS ON EUGENE-SPRINGFIELD METROPOLITAN PARTNERSHIP BOARD OF DIRECTORS Mayor Obie announced the following results of the balloting: Name Number of Votes Linda Wisner Bob Fenstermacher Jeanne Wagenknecht Ed Whitelaw Tom Hoyt Charles Cole Al ana Probst Bruce Anderson Sandra Arp Richard Larson 7 6 6 5 5 4 4 3 3 3 e Ms. Wooten moved, seconded by Mr. Hansen, to interview the ten applicants who received three votes or more for the Partnership Board of Directors. Roll call vote. The motion carried unanimously, 7:0. The Council will interview the applicants for about ten minutes each on January 28, 1985, from 5 to 7 p.m. Mayor Obie briefly recessed the meeting at 12:40 p.m. He reconvened the meeting at 12:45 in the McNutt Room for a work session. City Manager Micheal Gleason announced that Gary Long, currently Admini- strative Services Director, has accepted the position of Interim Director of the Eugene Development Division. He will begin those duties in March. VI. UPDATE ON AIRPORT EXPANSION PROJECT Mr. Gleason introduced Bob Shelby, director of aviation, at Mahlon Sweet Field. Mr. Shelby used large drawings to illustrate the expansion plans. The terminal will be expanded from 24,000 square feet to 52,000 square feet. He discussed the differences in the present plans and those presented to the Counci 1 in May. The Airport Commission recommended the IIbasic packagell plus covered walkways to the airplanes and the parking area, a 26-foot expansion to the east face of the terminal, the business center on the second floor, and a fifth ticket bay. e MINUTES--Eugene City Council Janua ry 23, 1985 Page 7 - e - Answering questions from councilors, Mr. Shelby said access will be provided for the handicapped. More vehicle parking spaces will be provided by re- painting and a minimal expansion of the parking area. Clerestory windows will provide light in the terminal. The decorating of the interior has not been detailed, but the use of many materials is planned. The ceiling will feature laminated wood beams in their natural color. An art consultant is included in the budget and one percent of the construction cost is budgeted for art. The additive options include a walkway to the aircraft which is a foundation for a second story concourse to be added later. Ms. Schue said lumber is the area's chief industry. The entire building should reflect lumber's influence and appear to be typically northwestern. Councilors discussed the plans for some time. They want to build as much as possible, but they are concerned about costs. Councilors asked Mr. Shelby to present a breakdown of the costs. Then the Council will meet with the Air- port Commission to discuss the plans. Mr. Gleason emphasized that Council action on the project is required now. No more design work can be done until the Council is ready to fund the whole project. At 1 :35, Mqyor Obie adjourned the meeting to January 28, 1985. (Recorded by Betty Lou Rarick) TS:jk/blr/1595C MINUTES--Eugene City Council January 23, 1985 Page 8 .-'~. . "- ,"""- . ,_ ,.1 .e :.e '" r'. r,n .., 1'-\V 0~...f-.;/t,A"j;J VIY~ B ALL 0 T J . ~;l~'~~ d~~ * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of Openinqs: 1 I wish to interview the following: 1. l3/u~ fl"yd.Ll/.11nLJ . ~~ ~~~~ ~~~ ~~/ . 9~d~~ ~awU 1-~;' ~ ~~t1LcJu" - ~d/~~W -- ~ 2. 3. 4. 5. 6. 7. 8. 9. .-----~-----Submitted- by-:_ ~,___-___ __.'. __ ,_ ~,~ C uncil or / -/:fJ -]5 Date e B ALL 0 T * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of Openinqs: 1 I wish to interview the following: e Submit ::: ~ ~ Councilor e . B ALL 0 T * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of OpeninQs: 1 I wish to interview the following: ../ I 1. -;} L!JIV/J f/Lo PST 2. C J./ /J.R. LJi ~ VtI. C 0 L C- /' . 3. (!J(U.J Ctl IJ./V () 7UL5o/1/ 4. fL-1 C(f/Jfl/J. L--~5 o/t(., , 5-~----rfl-o/cr1f-5' -1/6YT-' ,0'--. . -. - / 6. o Ii, (30 f6f1 H Ie:- / LL/ Ii It/ J I~IJ IV IV! /IV 1 C-If ill/eN Ii elf T ./ l-/IV/Jf) wJ5N!V2.. ./ &JIJ vv I-j /7/2 1-19 W J 7. 8. 9. Submitted by: 7UL UI - /-2-J-~o Date e B ALL 0 T * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of Openinqs: ~ I wish to interview the following: f~ f1Ii;tL~~ ~ a~tV {~k .&-6/ ~d~~ ce~ ~/';Z/&/ ..!~ ~7b ~ ItJ~~~J- / ~ .J ,~ T - / _ ,# " /"- ~ 7/l/_./~~ ,fl~~ /~~/ Submitted by: ~~ C?~/f/ Council or e 0~0- Dat e e e B ALL 0 T * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of Openings: 1 I wish to interview the following: 1. /J/) /) ,4 "l r..;&,,-,l!:-(.O u~. 2. ;$-vtf /~ ~~;H /L tL./A/ 3. 1fM'/1 ~~/t. 4. o ./ p.."':lf.- A:-#bL ~ ~,'t&& 5. ~ l~-r 6. . 1'~~'1,1 h-n-~J1 7.. ~'t- /14,,;,~..~ 8. NrA-ll. ~I IJ J!::"...!.J A~,t/~ tJ~vU\ 9. Submitted by: $'." !. . 'I~ I " t;v~#t." · /Ij,,~!ff Date Councilor "'4 /. "" ~, e B ALL 0 T * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of Openinqs: 1 I wish to interview the following:" 2. f . 8. '. :'Th 9. \ Submitted by: ~~) 'Council or - Date e - B ALL 0 T * EUGENE-SPRINGFIELD METRO PARTNERSHIP * Number of Openinqs: 1 I wish to interview the following: 1. I3 r/J ~. AV!JIt\4"tHl 2. ~~ J ~a 4~h , 3. ~ht? V')~~<; (!AJ~ . . - - II 4. \BJ ~_Vl~i_\I' WlI1 t1 hp,/, .. . . - . . e 5. P;~h(tV' J ~;:rs 6. A Ja Y112 .pV'~ bee. '+ ~ "')/J- "~,,., k lA to .~ i~ .,L 7. t ) to...f) VI V\ E;L I?~ 0{ 8. \) h ;~)fl ~Jj= , . . . 9. L;, vi J I) \ ) ^ <S't1 ~,If'-.- . - . w . Submitted by: 0)~jw Counc i 1 or Il'/~6- I .Date" - tf~r e I S:~124 '/ffLp . L-;P; ~t~. ? 601- ;-~~ LI h ~+ 5~~ ~ wtfl-~ Jj ~,} ( ~. tv 0 V ~/ '.~ _ 0 ~ c:q r71/'lrY~4~, { ~/ t:'. ! "'-, - ~, " i' /~ ,.' //zf!n- e }. .3"'" Mittermann Gl enn Nilson Jerril Norris Don Ober Conrad Penegor Dale Probst Alana Runyan Dean 5chmieding Donald Sciarretta Thomas Simpson Lary 51 attery Wi 11 i am Slemp Will i am Smith Bruce Smith Ronald Soper Dorothy Tamulonis John Wagenknecht Jeanne Whitelaw Ed Wi 11 ard Nancy Wisner Linda (To be appointed) (To be appointed) (To be appointed) ealebccm ':- MP 850108 Unknwn - - - 7 W Side Lawyer MP 850116 560627 F W N 7 W Side Art Dir MP 850109 330119 M W N 2 SE Firs RE Brkr MP 850116 420228 M - N 8 Church VocDir-PBck MP 850116 610916 M W N 1 Crest Unemployed MP 850105 470822 F W N 2 SE Firs Dir-BuyOre MP 850115 430928 M W N 3 Friend Pln/PolRes MP 850115 281014 M W N 1 SHills Self-Emplnv MP 850108 471223 M W - 8 Church VP-PacWest MP 850108 451011 M W"- 4 Fairmnt Bus Conslt MP 850109 400512 M W - 1 Friend Contractor MP 850108 190615 M W N 5 Cal Yng EstatePlnnr MP 850111 360206 M W N 5 Cal Yng Attorney MP 850115 460826 M W - 4 Harlow SAIF Credit MP 850116 411119 F W N 2 SE Firs Homemaker MP 850116 470513 M W - 2 Amazon Planner MP 850116 510517 F W N 2 SHills Acct Exec MP 850114 410202 M W Y 2 Amazon UO Prof MP 850116 520622 F W - 2 SE Firs Attorney MP 850116 510428 F W N 4 Fairmnt Bus owner MP XXXXXX XXXXXX X X X X XXXXXXX XXXXXXXXXXX XXXXXX XXXXXX MP XXXXXX XXXXXX X X X X XXXXXXX XXXXXXXXXXX XXXXXX XXXXXX MP XXXXXX XXXXXX X X X X XXXXXXX XXXXXXXXXXX XXXXXX XXXXXX - e - e e e M E'M 0 RAN DUM January 15, 1985 To: City. councl1:il. JJ/~ . Warr1i c.v- . dng, Finance Director From: Subject: Issuance and Sale of Bancroft Bonds The attached ordinance authorizes the issuance and sale of $2,235,000 in Bancroft Bonds. The bond proceeds will be used to replenish the Fund (Cash) Balance in the Warrant Redemption Fund that has been used to facilitate various public improvment projects during the past two years. Owners of property benefiting from the improvements have been assessed for their share of the costs; and, over a period of ten years or less will reimburse the City. The City will, in turn, use the payments from the property owners to make the debt service payments on the Bancroft Bonds. The bond sale will be on a "bid" basis and will take place at 11:00 a.m. on March 13, 1985. On that date, Council will be requested to approve a resolu- tion awarding the bond issuance to the lowest bidder. cc: M. Gleason D. Whitlow G. Long C. Dallas D. Lilley Attachment -- Ordinance fnwgw516 > Jan. 18, 1985 MEMORANDUM e TO: Mayor and City Council FROM: Mike Gleason, City Manager RE: Gypsy Moth Issue STATUS: The Oregon Department of Agriculture (ODA) Gypsy Moth Steering Committee has submitted to the ODA Director its recommendations on the alternatives available for control of the Lane County infestation. Following a series of public hearings, the Director will select and initiate a treatment program. Under separate cover are staff memorandum, maps and copies of the ODA proposed recommendations to assist the Council in deciding whether to take a position, and if so, what position to take in this controversy. According to most recent information, the Lane County Board of Commissioners will not be taking a position on this year's treatment program, but will rather focus its attention on long term solutions to this ongoing problem. The County is aggressively seeking to locate a Bt manufacturing plant within the area and is coordinating that effort with Eugene's BATeam, the. Oregon Department of Economic Development and OSU. ~ 4It. STAFF RECOMMENDATION: The treatment. controversy has become highly visible and emotional. There is a marked lack of agreement among the experts on both the potential effectiveness of Bt for the eradication of this, the largest infestation west of the Rocky Mountains, and the predicable health risks of chemical agents. Staff recommends that the Council not adopt a position at this time. If Council wishes to adopt and present a position at the Jan. 31st ODA hearing, staff recommends: 1) that the position be focused on treatment within the Eugene city limits, and 2) that it support the ODA's proposed recommendations, including aerial applications of Bt over the larger area and limited use of Orthene by ground application only in the 8 acre Franklin and 30 acre Hawkins Heights areas. REASONING: The recommended treatment within the Eugene city limits involves primarily Bt, the use of which has generated little dissent. The recommended ground application of Orthene on 38 acres is a very controlled use of a common garden pesticide. A cautious chemical application such as this, in conjunction with the broader applications of Bt, presents an approach which is as close to ideal as possible in this difficult situation. The proposed aerial application of Dimilin in the Pleasant Hill area, on hand, is a highly controversial question which staff recommends Council ~ not address until more scientific conclusions are available. ~ - e e ORDINANCE NO. AN ORDINANCE CONCERNING THE APPLICATION OR SPRAYING OF PESTICIDES; ADDING SECTIONS 6.480, 6.482, 6.484, 6.486, 6.488, 6.490, 6.492 AND 6.995 TO THE EUGENE COOE, 1971; AMENDING SECTION 6.990 OF THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 6.480, 6.482, 6.484, 6.486, 6.488, 6.490 and 6.492 are hereby added to the Eugene Code, 1971, to read and provide: 6.480 Pesticides Pesticides - Definitions. Far purposes of sections 6.480 to 6.492 the following words and phrases mean: (a) Dwelling unit means a structure or the part of a struc- ture that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. "Dwell ing unit" regarding a person who rents a space for a mobile home but does not rent the home home means the space rented and not the mobile home itself. (b) Pesticide includes any of the following that are regis- tered by the Environmental Protection Agency of the United States of America: (1) Defoliant, which means any substance or ~ixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission; (2) Desiccant, which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; Or:ii:ca.!1ce - 1 (3) Fungicide, which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus; (4) Herbicide, which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; (5) Insecticide, which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environ- ment whatsoever; (6) Nematocide, which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes; (7) Plant regulator, which means any substance or mix- ture of substantes intended, through physiological action, to accelerate or retard the rate of maturation or to otherwise alter the behavior of ornamental or crop plants or the pro- duce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; (8) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory anima1s or any other form of p1ant or animal life which is, or which the parks department may de- clare to be a pest, which may infest or be detrimental to vege- tation, humans, animals, or be prese~t in any environment thereof. Ordi~ance - 2 e .e. - o e (c) Pesticide applicators or applicator, means a person who: (1) Is spraying or applying pesticides; and (2) Is authorized to work for and is employed by or is a pesticide operator. (3) Notwithstanding any other provision of this subsec- tion, pesticide applicator, or applicator, includes a private applicator. (d) Premises open to the public. Premises which by function, custom, usage, notice or lack thereof, their physical nature or other circumstances at the time, would cause a reasonable person to believe that permission to enter or remain is not required; pro- vided, however, that the phrase shall not apply to or include any buildings or structures erected upon such premises. (e) Private applicator means a person or the person1s agent who uses, supervises, or causes, the use of any pesticide on rental premises on land owned or leased by that person, or on trees greater than six feet in height growing on land owned or leased by that person. (f) Pesticide operator means a person who owns or operates a business engaged in the application of pesticides upon the land or property of another. (g) Public applicator means a person who is an employee of any county, city, municipal corporation, irrigation district, drainage districts or public utility and who performs or carries out the work, duties or responsibilities of a pesticide applicator, (h) Rental premises ~eans a dwelling unit and the structure of ~hich it is a part and appurtenances therein and groundss areas and facilities held out for the use of the tenants generally or ~hose use is promised to the tenant. e e ~ (i) Tenant means a person entitled under a rental agreement e to occupy a dwelling unit to the exclusion of others. Pesticides - Permit Required. No applicator shall use or apply pesticides in or upon premises open to the public, in or upon rental premises or upon trees greater than six feet in height, without 6.482 first obtaining a permit from the parks department. Any permit issued-shall expire on December 31 following issuance. 6.484 Pesticides - Permit Fee. Applicants for a permit shall file with the parks department an application, which shall be accompanied by a $10.00 application fee. Application fees shall not be refunded. The application shall set forth the name; address, and telephone number of the applicant. e 6.486 Pesticides - Restriction on Use. No applicator or public applica- tor shall use or apply pesticides outdoors when the true wind velocity at the level and site of application or use exceeds five miles per hour. Pesticides - Prior Notice Required. (1) Rental properties. Written notice of intent to use or apply any pesticide in or upon rental premises shall be delivered by the applica- ~ 6.488 tor or public applicator to tenants of the rental units not more than 72 or less than 24 hours prior to use or application. (2) Trees. Written notice of intent to use or apply any pesti- cide upon trees greater than six feet in height shall be delivered by the - applicator or public applicator to owners and occupants of all properties located within 150 feet of the tree upon which the pesticide is to be used or applied not more than 72 or less than 24 hours prior to use or applica- . ~ e e e (3) Contents of notice. Any notice required by this section shall include the expected time and date of use or application and the brand name and common chemical name of the active ingredients of the pesticide to be used. (~) Delivery. Any notice required to be delivered by this sec- tion may be delivered by personally delivering the notice to the person entitled to notice; or by delivering the notice at the dwelling house or usual place of abode of the person entitled to notice, to any person over 14 years of age residing therein; or, if the person entitled to notice main- tains an office for the conduct of business, by leaving the notice at such office during normal working hours with the person who is apparently in charge; or by mailing the notice to the person entitled to the notice by certified or registered mail, return receipt requested, at least five days prior to use or application. 6.490 Pesticides - Post Application Warnings. (1) Outdoor. After use or application of any pesticide on trees greater than six feet in height or upon premises open to the public, the applicator or public applicator shall erect and maintain warning signs. The warning signs shall be constructed of rain resistant material and shall be rectangular in shape with dimensions of at least 8" by 6". At least one sign shall be erected for every 1000 square feet of premises upon any part of which the pesticide is used or applied. If more than one sign is erected, the signs shall be distributed evenly around the perimeter of the area upon which the pesticide is used or applied. If the pesticide is used upon a single tree, a single sign immediately adjacent to the tree shall be erected and maintained. Any warning sign required by this subsection shall have a white field and the following information shall be printed in black letters at least 3/4 inches in height: ;. (a) The name and telephone number of the applicator or of the public agency employing the public appltcator; e (b) The date and time of application of the pesticides; and (c) The brand name and common chemical name of the active i~gredient of the pesticide applied. (2) Any warning sign or notice required by this section shall be maintained for at least 72 hours following the use or application of the pesticide. 6.492 Pesticides - Exemption. The provisions of sections 6.480 to 6.492 of this code are not applicable to pesticides used only for experimental or research purposes. Section 2. Section 6.990 of the Eugene Code, 1971 is hereby amended by deleting su.bsection (2) th"ereof; renumbering subsection (4) to (2); re- . numbering subsections (5) and (6) to (4) and (5) respectively; and adding a new subsection (6), to read and provide: e 6.990 Penalties - Specific. (1) Any person who willfully fails to present the. designated vehicle to the police department within the time specified in section 6.220, or willfully fails to present evidence that the vehicle shall no longer be operated on a public way in the city, shall upon conviction be punished by fine of not to exceed $100.00. {f47}1fl Any person who violates any provision of sections 6.225 to 6.235 shall be punished, upon conviction, by a fine not to exceed S100.00. {f2t V1e1a~;e"-ef-a"y-ee"e~-~ee~;e"-;M-t";~-e"d~te~-;~-~~";~nabte 8J-r;"e-nee-to-e~eeed-$288=a8=} (3) Violation of section 6.305 to and including section 6.310 is punishable by a fine of a minimum of S100.00 to a maximum of $4,000.00 for e Ordinance - 6 . e e e each tree removed, or confinement in jail not to exceed 100 days, or both fine and imprisonment. In addition, the city attorn~y, upon request of the city manager, shall institute any necessary legal proceedings to enforce the provisions of sections 6.305 and 6.310 of this code. {t4t A",-~e~~o"-"ho-Y;ota~e~-d"'-~~OY;~;on-of-~ee~;o"~-6;22S-eo 6~23S-j"dl1-Be-~~ni'"e8;-~~6"-e6"1ieei6";-bY-d-fi"e-"oe-to-exeee8-$t88;88~} {f5tllil Any person who: (a) Violates sections 6.400 to 6.470 of this code or any provision of a wastewater discharge permit, or (b) Knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to sections 6.400 to 6.470 of this code or a wastewater discharge permit or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required under sections 6.400 to 6.470 of this code or a wastewater discharge permit, shall, upon conviction, be punished by a fine not to exceed $500 for each day in which such violation occurs. {t6tl~ The remedies provided for in section 6.470 of this code and subsection (5) of this section shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the city. ~ Violation of section 6.490 is punishable, upon conviction, by a fine not to exceed $200.00 for each day that the ~iolation exists. exists. Section 3. There;s hereby added to the Eugene Code, 1971, a new sec- tion 6.995, to read and provide: 6.995 Penalties - General. Violation of any other section in this chaoter is aunisnable bv fine not to exceea ~200.00. ~ Section 4. That the provisions contained herein concern the public health, welfare and safety and therefore, an emergency is hereby declared to ~ exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this ____ day of , 1984 Approved by the Mayor this day of , 1984 Mayor City Recorder e e Ordinance - 3