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HomeMy WebLinkAbout04/17/1985 Meeting . e e ~ M I NUT E S Eugene City Council City Council Chamber April 17, 1985 Noon COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman Holmer, Ruth Bascom, Debra Ehrman. COUNCILOR ABSENT: Roger Rutan. The adjourned meeting of the Eugene City Council of April 8, 1985, was called to order by Council President Cynthia Wooten in the absence of His Honor Mayor Brian B. Obie. I. ITEMS FOR MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AND AGENDA ADJUSTMENTS A. Volunteer Awards Councilor Ehrman said Molly Stafford, a council appointee to the Community Schools Coordinating Committee, has been honored as a "Volunteer of the Year." Ms. Ehrman suggested the council thank Ms. Stafford for her many vol- unteer efforts. Ms. Ehrman noted that Ms. Wooten will speak at the awards ceremony. Ms. Wooten said she will send a letter to Ms. Stafford congratulat- ing her. Councilor Hansen said the awards ceremony is interesting and indi- cates how many volunteer efforts there are in the community. B. Drug Problems in the Community Mr. Hansen said statements were made to the council during the pUblic forum part of the March 11, 1985, meeting about a serious drug problem in the com- munity. The statements indicated the council should take action. Mr. Hansen asked the staff to see if there is a basis for concern. If there is, Mr. Hansen said efforts should be made to eradicate the problem. c. Fish Kill in Tugman Park Ms. Wooten asked the staff to investigate the recent fish kill in Tugman Park. She would like to know what can be done to prevent similar incidents. D. Improvements to Fifth Avenue from High Street to Willamette Street Because the quarterly process session of the council has been rescheduled for a later date, Ms. Wooten said she would like to raise an issue at this time. She asked other councilors for suggestions about how to proceed with improve- ments to Fifth Avenue from High Street to Willamette Street. She suggested the staff prepare a report indicating various options. MINUTES--Eugene City Council April 17, 1985 Page 1 e e Several councilors commented on the project. Ms. Schue said the improvements are a good idea, but she wondered about funding for them. Mr. Hansen sug- gested the opinions of property owners be sought. Ms. Bascom said the Mayor1s Tree and Beautification Commission might help with the improvements. E. Report from Metropolitan Wastewater Management Commission Ms. Wooten asked for a report from the Metropolitan Wastewater Management Com- mission (MWMC) about rate setting and the status of the flow-based rate system. Ms. Schue, a member of MWMC, said it will meet tonight and may decide about the rates. The MWMC regional rate will probably decrease. She noted that each city also levies a local charge and she thought the council should focus on the Eugene rate. Mr. Gleason said a council work session on the MWMC rates was scheduled for May 13. He said Eugene and Springfield have to adopt rates at the same time. Mr. Hansen said people have asked him about the MWMC rates. He wondered if the council work session scheduled for May 13 would be after the MWMC had made a decision about the rates. Ms. Wooten suggested Ms. Schue contact her or Ms. Freedman about MWMC action. They will then decide whether to schedule a council review on Wednesday, April 24, or to continue with the session scheduled for May 13. Answering a question from Ms. Bascom, Ms. Wooten said the Joint Agency Committee for Review of Sanitary User Fees has not met. Ms. Bascom was appointed to the committee, which was created to consider the flow-based rate. F. "Ci ty Ha 11: What I s In It For YOu?" Workshop Resource Packet-- Meritorious Project Award City Manager Micheal Gleason introduced the agenda item. Pat Vallerand, chairperson of the Citizen Involvement Committee (CIC), discussed the Workshop Resource project, which won a meritorious project award from the American Planning Association. Ms. Vallerand displayed a plaque indicating the award and submitted it to the council. Ms. Vallerand displayed the resource material prepared by the CIC and the Planning Department for a workshop attended by local teachers last year. The purpose of the workshop was to acquaint teachers with the resources available to them to help teach about local government. The material was prepared by a task force which included teachers. The CIC is now conducting a survey of teachers to find out about their use of the resource material. Answering a question from Ms. Ehrman, Ms. Vallerand said the CIC bylaws limit its activities to land use planning. Consequently, the resource material dealt mainly with land use planning, but it also contained information about city government in general. ~ Ms. Wooten expressed appreciation for the work of Ms. Vallerand and the CIC. MINUTES--Eugene City Council April 17, 1985 Page 2 . e e Mr. Gleason said the resource material generated statewide interest. He dis- cussed it with other city managers at a recent meeting. They were very inter- ested in it because teachers need help in teaching about local government. G. Appointments 1. Notification of Mayor's Appointments to the Bicycle Committee (memo distributed) Ms. Bascom discussed the backgrounds of Ms. Conant and Mr. Recker. She also described a reunion held by the Bike Committee on Sunday, April 14, which hon- ored her and Jim Hanks for their long service on the committee. She will soon complete her term on the State Bicycle Committee. She suggested other counci- lors contact her if they know someone who would like to serve on that committee. Mr. Hansen moved, seconded by Ms. Schue, to approve the follow- ing nominations to the Bicycle Committee for indefinite terms: Beth Conant George Recker 2255 Columbia 2522 Van Ness Roll call vote. The motion carried unanimously, 7:0. 2. Mayor's Tree and Beautification Commission Mr. Hansen moved, seconded by Ms. Schue, to approve the follow- ing nominations to the at-large positions on the Mayor's Tree and Beautification Commission: Gregory Ah 1 i j i an Kim Amend Elizabeth Fox Nancy Robin Morgan Ronald Schmaedick 2201 Friendly 4235 Kincaid 340 North Adams 3475 Alder 1742 West 34th Place Roll call vote. The motion carried unanimously, 7:0. Ms. Wooten introduced Jeff Hale, who is the City Arborist. 3. Metropolitan Area Policy Advisory Committee (MAPAC) Ms. Ehrman introduced Alan Yordy, who works at Sacred Heart Hospital. MINUTES--Eugene City Council Apri 1 17, 1985 Page 3 e e e Mr. Hansen moved, seconded by Ms. Schue, to approve the follow- ing nominations to MAPAC: Linda Kintz (to fill the unexpired term of Karl Eysenback); term to expire June 30, 1985. Richard Duncan (to fill the unexpired term of Sandra Bishop); term to expire June 30, 1986. Alan Yordy (to fill the unexpired term of Gerry Gaydos); term to expire June 30, 1987. 2415 Fairmount 3205 Van Buren 4011 Hilyard Roll call vote. The motion carried unanimously, 7:0. II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council minutes of February 20,1985; March 11,1985; and March 13, 1985 (minutes distributed) Mr. Hansen moved, seconded by Ms. Schue, to approve the City Council minutes of February 20,1985; March 11,1985; and March 13, 1985. Roll call vote. The motion carried unanimously, 7:0. B. Improvement Petitions City Manager Micheal Gleason introduced the agenda item. City Engineer Bert Teitzel gave the staff report. He said the projects are routine. The A1faretta Drive project will be constructed under a public contract. The other two projects are being constructed under private contracts. Answering a question from Ms. Wooten, Mr. Teitze1 said authorization from the council is needed to accept the improvements into the city's system even though the work has already begun. 1. Paving, sanitary and storm sewer in Alfaretta Drive (accessible costs: paving--51.2%; sanitary sewers--33.3%; storm sewers--51.7%; City cost--none) Res. No. 3912--A resolution authorizing paving, sanitary and storm sewers in Alfaretta Drive from Rio Glen to 700 feet east (2148). MINUTES--Eugene City Council April 17, 1985 Page 4 e 2. Sanitary sewer south of Valley River Drive (accessible costs: sanitary sewers--100%; City cost--none) Res. No. 39l3--A resolution authorizing sanitary sewers 350 feet south of Valley River Drive from 300 feet west of Tivey Wheeler Road to 700 feet west of Tivey Wheeler Road (2168). 3. Storm sewer at intersection of Oakmont Way and Sorrel Avenue (accessible costs: sanitary sewer--100%; storm sewers--100%; City cost--none) Res. No. 39l4--A resolution authorizing storm sewers at intersection of Oakmont Way and Sorrel Avenue; and sanitary sewers in Oakmont Way (extended) from Sorrel Avenue from 500 feet south (2167). Mr. Hansen moved, seconded by Mr. Schue, to adopt Resolution Nos. 3912, 3913, and 3914. Roll call vote. The motion carried unanimously, 7:0. III. YOUTH COMMISSION REPORT ON UPCOMING JOB FAIRE e City Manager Micheal Gleason introduced Mikal Krummel, chair of the Youth Commission. Mr. Krummel presented Carol Dawes, coordinator of the 1985 Job Faire and a member of the Youth Commission, and Marta Huston, an observer of the Youth Commission. Ms. Dawes said the Faire is co-sponsored by the other Human Rights Commissions, South Eugene High School, the Eugene Chamber of Commerce, and Looking Glass Youth and Family Services. She said the organi- zations work together well. Ms. Dawes discussed the fifth annual Job Faire to be held Tuesday, April 23, from 8:30 to 11 :30 in the morning. She said about 100 local employers will interview students and evaluate the interviews. She invited the councilors to the Job Faire. Ms. Huston said she is involved in the production of a video tape titled "Youth in Government." She discussed several projects that will be included in the tape which will show students and other young people involved in gov- ernment and bringing about social change. Mr. Krummel said the Youth Commission tries to highlight the involvement of young people in the community. He said additional money is needed for the production of the video tape. He asked the councilors for the names of people who might wish to contribute. He also asked them to let him know of young people who are either formally or informally involved in government. e MINUTES--Eugene City Council April 17, 1985 Page 5 e . . Mr. Krummel discussed several other projects of the Youth Commission. It has published the popular handbooks titled "Youth Health in Focus" and "Youth and the Law." Because it is hard to get young people involved with the Youth Commission, Mr. Krummel said the commission has developed a pro- gram which will create advisory groups in the local high schools in the fall. The groups will generate their own activities. The commission is also interested in monitoring legislation concerning young people. He invi- ted councilors to meetings of the Youth Commission. Ms. Schue said the council has wanted the human rights commissions to be active. She applauded the report from the Youth Commission. She wanted the commission to be aware that "The Gut" will be affected if Willamette Street becomes two-way from 11th to 20th avenues. Mr. Krummel replied that the Youth Commission has been active in the "Gut Task Force," and it is probably the group which should study the effects of the change in the street. Responding to the requests for people active in government, Mr. Gleason said there are young cadets in the Eugene Police Department. IV. MUNICIPAL COURT ORDINANCE AMENDMENT CONCERNING JURY SELECTION PROCESS (memo distributed) City Manager Micheal Gleason introduced the agenda item. CB 28l8--An ordinance concerning Municipal Court jury selection procedures; amending Section 2.790; and declaring an emergency. Mr. Hansen moved, seconded by Ms. Schue, 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 2818 was read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. approved and given final passage. lors present voting aye, the bill became Ordinance No. 19320). Schue, that the bill be Roll call vote; all counci- was declared passed (and Ms. Wooten briefly recessed the meeting at 12:50 p.m. Mr. Hansen reconvened the meeting a few minutes later in the McNutt Room. Ms. Wooten was not present. Mr. Hansen, Ms. Schue, Mr. Holmer, Ms. Bascom, Ms. Ehrman, and Mr. Miller were present. MINUTES--Eugene City Council Apri 1 17, 1985 Page 6 . e e V. BUSINESS LICENSE REVISIONS (memo distributed) Susan Smernoff of the Eugene Development Department discussed Phase 1 of revisions to the business license laws. The council will ~old a public hearing on the revisions on April 22, 1985. Ms. Smernoff reviewed the history of the business license program in Eugene and discussed substantive laws, the administrative procedures, and the administrative rules. Phase 1 of the program will deal with the business licenses that the City will continue to issue. The City now issues about 50 types of business licenses. When the revisions are adopted, the City will issue licenses for only seven or eight business types. The rest of the activities now regulated by licenses will be regulated by uniform business practice laws. Phase 2 of the program will deal with uniform business practice laws. The administrative procedures address such things as how the laws can be changed and how complaints will be handled. The first revisions the council will consider will involve ambulance service, fire safety, refuse, and side- walk vending. She also discussed the business licenses that will no longer be issued. Discussing the proposed administrative procedures, Ms. Smernoff said the application process will not take more than 30 days. Mr. Hansen wondered why the process could not be shorter. Ms. Smernoff, Mr. Whitlow, and Mr. Sercombe replied that inspections would have to be completed and back- ground information collected. Mr. Holmer suggested the time period not be included in the ordinance. In that way, it could be flexible. Replying to a question from Ms. Ehrman, Ms. Smernoff and Mr. Sercombe dis- cussed the legal consequences if the application process takes longer than the maximum time stated in the ordinance. Mr. Miller asked about regulations for group homes for elderly people. He asked Ms. Smernoff to review the State and local regulations for group care homes for the elderly. Replying to a question from Mr. Holmer, Ms. Smernoff said changes in the Building Code will regulate building demolition. Several councilors discussed the licenses for sidewalk vendors. Ms. Ehrman and Ms. Bascom discussed the 13th Avenue and Kincaid area. Ms. Ehrman met with the business owners in the area. She encouraged other councilors to visit the area. Replying to questions from Ms. Schue, Ms. Smernoff reviewed the requirements for a sidewalk vending license. She said the City does not MINUTES--Eugene City Council April 17, 1985 Page 7 . e - regulate activities on University-owned or any other privately owned side- walks. Structures on privately owned property must be approved by the Building Division. Answering questions from Ms. Bascom about when more than one vendor wants to sell in an area, Ms. Smernoff said the vendor locations will be chosen by a lottery. Ms. Bascom said the revisions will eliminate several vendors from the 13th and Kincaid area. Ms. Smernoff noted the regulations will apply in all parts of the city except the downtown mall. Ms. Bascom did not think the University-area vendors will want to move to the mall. Replying to a question from Mr. Miller, Ms. Smernoff said the sale of drug paraphernalia and sexually explicit material will be regulated by uniform business practice laws. Answering questions from Mr. Hansen, Ms. Smernoff said copies of the proposed ordinances and notice of the changes have been sent to businesses. Many notices were sent to the University area. Mr. Hansen adjourned the meeting at 1:30 p.m. Respectfully sUbm~~. ~~~{~~/ (f5? '/<;'-:;":::~~<:'" ~ ~ Micheal Gleason Ci ty Manager (Recorded by Betty Lou Rarick) BLR:pv/1708C MINUTES--Eugene City Council April 17, 1985 Page 8 e e e M E M 0 RAN DUM April 8, 1985 TO: Mayor and City Council FROM: Micheal D. Gleason, City Manager SUBJECT: MUNICIPAL COURT ORDINANCE, AMENDMENT--JURY SELECTION PROCESS On January 9, 1985, Municipal Court introduced Ordinance 19304 which revised the juror selection procedures. Included in the procedure changes was a revision to the method of Questioning prospective jurors. Council members had some concerns about the changes to the juror Questioning procedures. Council's concern was with the language in the ordinance which allowed the judge to Question prospective jurors without allowing direct Questioning of prospective jurors by the prosecution and defense attorneys. Ordinance 19304 was passed with the caveat that Court staff would monitor the program, design a method for obtaining responses from attorneys who practice in Court, and report back to the council with those findings. Court developed a Questionnaire for attorneys who practice in Court and put together a packet of information which included case statistics by type of offense. On March 13, 1985, council considered the findings in the report prepared by Court staff and directed Court to prepare an amendment to Ordinance 19304. Attached ;s a copy of an ordinance amending Ordinanc~'19304. The amendment changes the language in Ordinance 19304 to allow the defense and prosecution to Question prospective jurors for a period of time to be determined by the judge. This ordinance requires your prompt attention because the matters contained herein concern the public welfare. PR:jw/0l41 M Attachment " ORDINANCE NO. e. AN ORDINANCE CONCERNING MUNICIPAL COURT JURY SELECTION PROCEDURES; AMENDING SECTION 2.790; AND DECLARING AN EMERGENCY THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.790 of the Eugene Code, 1971, is hereby amended to read and provide: e 2.790 Municipal Court -- Selection of Jurors. (1) Except as provided in this section, selection of jurors in municipal court, including the making of a jury list and the formation of a jury panel, shall be governed by the general laws of the state applicable to justices' courts. (2) The number of jurors summoned to form a panel is to be determined by the court. When a sufficient number of qualified and available jurors have been selected from the jury list, their names shall be inserted in the Order to summon the jury. (3) Examination of prospective jurors shall be by the municipal judge.. The parties may submit to the judge any questions.they desire to be asked of the jurors. There- after, the judge shall allow each party a period of time for additional questioning of prospective jurors. Challenges for cause shall be taken orally. ~ (4) Each party is entitled to two peremptory chal- lenges. The challenges shall be exercised alternately, commenc- ing with the defendant, in accordance with the procedure di- rected by the court. The initial selection of the six from among the prospective jurors summoned to form the panel shall be by lot, and any replacement juror necessitated by the exer- cise of a challenge shall be selected by lot from among those remaining. (5) Upon completion of the challenge process, the .s~x jurors so selected shall be empanelled to try the case. Section 2. That the matters contained herein concern the public welfare and therefore, an emergency is hereby de- clared 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 April, 1985. Approved by the Mayor this day of April, 1985. e City Recorder Mayor ~ -- e e M E M 0 RAN DUM Apri 1 12, 1985 TO: Eugene City Council FROM: Eugene Development Department SUBJECT: REVISIONS TO BUSINESS LICENSE LAWS Background The Eugene Economic Diversification Program directs staff to review and streamline City regulations. To address this charge, we are doing a comprehensive review of Chapter 3 of the Eugene Code, which deals with business licenses. We briefed you on the general direction of the proposed revisions on February 11, 1985. At your April 17 study session we will present the details of the changes proposed in Phase 1 of this revision process. Code Content Each business activity that is regulated will follow cert.i~ laws and rules. The substantive laws are the basic guiding princfples that will govern a particular type of business. The laws are adopted by council. For example, if we consider the proposed Refuse and Recycling Collection Code, one law requires all collectors, except those who collect only_recyclables, to charge at 1 east the mi ni.mum rate estab 1 i shed by counci 1 . Administrative rules provide detail on how to carry out the laws. The rules are signed by the City Manager. For example, the rules define the specific process that refuse collectors, staff, and the council will use when revising rates charged by refuse collectors. Admi n i strat i ve procedures wi 11 a 1 so become part of the Eugene Code. The procedures will be used for all of the City's business licenses. The procedures are adopted by the council. As an example, they describe: how citizens can seek changes to administrative rules; procedures for handling camp 1 a i nts; and the processes used in approvi ng, denyi ng, suspendi ng or revoking a license. Proposed Revisions: Phase 1 Pha,se 1 of the revision process involves: 1. Streamlining business license laws in cases where the City proposes continuing to regulate activity because of a significant health or safety impact on the public. 2. El iminating business 1 icense laws for certain businesses because the activity is already adequately regulated by other laws. 3. Streamlining the administrative procedures governing business 1 i cen se 1 aws. " The business license laws for which streamlined laws are being proposed include: 1. Ambulance. 2. Fire Safety Permits. 3. Gas Contractor. 4. Private Police Agency. 5. Refuse and Recycling Collection. and 6. Sidewalk Vending. e Business license laws that we recommend be deleted include: 1. Alarm Monitoring Service. 2. Alarm Equipment Supplier. 3. Building Demolition Contractor. 4. Dance Ha 11 . 5. Electrical Sales. 6. Lodging Faci1i.ties. 7. Mobile Home Park. 8. Nursing Home. 9. House Mover. 10. Sign Contractor. and 11. Skating Rink. - Streamlined Business License Laws After extensive review of the current business license laws, we think there are six cases in which the City should continue to regulate business activity using traditional business license laws. Following are summaries of the major changes we recommend for those businesses that we also recommend continue to be regulated by City laws: 1. Ambulance: In November 1984, you adopted revisions to the ambulance laws and administrative rules. As part of those laws, you also adopted administrative procedures. Those administrative procedures are intended to govern all of the newly streamlined business license laws. Thus, there are a few housekeeping changes that will occur in thi slaw as we recreate the format for Chapter 3. None of the substance or intent of the ambulance laws will change as a result of the housekeeping changes we recommend. e -2- e e 2. Fire Safety Permits: The current fire safety permits are part of the City of Eugene Fire Prevention Code. No changes will be made to these safety permits since they are adequate at this time. The proposed administrative procedures and revised in-house procedures will assure that all permits are processed within 30 days of receipt of a complete application. 3. Gas Contractor: The City has a safety concern about any person who installs or repairs any gas-consuming apparatus or,piping system. Until the State begins to test and license individuals involved in this activity, we recommend that the City continue to do the testing and licensing. 4. Private Police Agency: Private police are defined as persons who carry firearms or have firearms in their possession when they watch, guard, or protect property or persons, or when they do investigative work. We are recommendi ng that such persons be tested to ensure their proficiency in the use of firearms and to ensure that they have not been recent ly convi cted of a fe 1 ony, mi sdemeanor, or offense involving theft or assault. 5. Refuse and Recycling Collection: Two major changes are proposed to what are. currently know as the "garbagell 1 aws. Fi rst, those collectors who collect recyclables would be licensed as well as refuse collectors. This would ensure that refuse and recyclables are being transferred in vehicles that are properly maintained, and that refuse and .recyc~ab1es are not spfl led or 1 ittered. Second, the refuse collectors' rates, which are. set by the City Council, would be minimum rates and not the flat rates as in the past. We are proposing a minimum rate instead of a flat rate in order to address antitrust concerns expressed by the City Attorney' s Office. On April 11, the Garbage Board reviewed the proposed laws and rules and has forwarded them to you with a recommendation for their approval. 6. Sidewalk Vending: In December 1983, after discussion by the City Council, the City Manager signed administrative rules permitting sidewalk vending on the public right-of-way. After one year's experi ence wi th those rul es, we are recommendi ng several modifications. In order to address congestion issues, we recommend that only one vendor be located per quarter block and that vendors be 150 feet from restaurants for food vendors and 150 from flower shops for flower vendors. In addition, we recommend that an annual right-of-way ,fee be charged to vendors for their use of the publ ic right-of-way. The new proposals have been carefully considered after researching vending laws in other cities. In general, our proposals are more lenient than those in other cities. The proposals were presented to vendors and interested citizens at a Citizen Forum that was held March 20. Deleted Business License Laws In several cases, we recommend deleting business license laws because a particular type of activity is currently regulated by other laws. For example, the City currently requires nursing homes to have a business license. The purpose of the 1 i cen se and the inspect ion is to do a fi re safety inspection. Outside of the business license inspection, the City Fire Department also does several fire safety inspections a year. The Fire -3- e ~, Department feels that their routine fire safety inspections of nursing homes are adequate and that another inspection for 'the business license is unnecessary. The City has not done any other types of inspections for nursing ~ nomes, and has relied on the appropriate State agency to inspect in such areas ~ as patient care. Administrative Procedures We are also recommending substantial streamlining of the administrative procedures that govern business license laws. Some of those major changes include: 1. Notice and Comment Procedures for Rule-making: In the past, there was not a clear procedure for how a board member or citizen could seek changes to administrative rules. The proposed rule-making procedures clarify: a. Who can seek a change and how to be put on a mailing list. b. How notice is given on proposed changes. c. When and how to comment on proposed changes. d. How a final decision is reached. .2. e. How rules are changed in emergency situations. Application Process:- The current appljcation processes does not. state when and how certain processes will occur. The proposed application process clearly states: e a. That an applicant will receive a decision on their application within 30 days of submitting all the required information to the City. b. The process for appealing a City decision on an application and how many days each step df the appeal process will take. c. The process the City wi 11 use in revoking or suspendi ng a license and the steps a licensee can take to remedy a City decision. 3. Other Processes: In several cases, more clarity or new procedures are being recommended. For example: a. Complaints about a licensee will be addressed by the City within 15 days of receipt of the complaint. b. Li cense terms shall be good for one year from the date of issuance. e -4- ~ e e - Action In late April or early May, we will present the draft recommendations to you for your comment and action. No action will be requested on April 17. We will be available to more fully describe the proposed laws and answer your questions. If you have comments or questions before that meeting, please feel free to contact Susan Smernoff at 687-5494. SLS:edslscc8 4/85 -5-