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HomeMy WebLinkAbout06/10/1985 Meeting (2) . . e M I ~I ,U T E S Eugene City Council City Council Chamber June 10, 1985 7:30 p.m. COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman Holmer, Ruth Bascom, Debra Ehrman, Roger Rutan, Jeff Mill er . The regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. 1. PUBLI C FORUM Mayor Obie said the public forum is a opportunity for citizens to present information to the council. The council will take the information under advisement. The council will not react immediately on the information. A. Police Response to Report of a Burglary Dorothy Speck, 2263 Minnesota, read her comments and then presented them in wrlting to the council. She said her comments were not meant to criticize the police officers on duty. She discussed a burglary at her house on May 21, 1985. She said she entered her home while the burglary was in process. She left her home, went to a neighbor's house, and called the police. She was told there was a disturbance downtown, but someone would be there. An officer arrived 90 minutes later and said, "I was just over on River Road for the last hour-and-a-half and could have been here in 10 minutes if someone would just have call ed me. II Ms. Speck telephoned the Police Department and asked to talk to Chief Packard several times during the week after the burglary. She also tried to talk to Mayor Obie. She was denied access to them both. She talked to Public Service Officer Randy Groves. She called the Police Department on May 22 and gave the serial numbers of two stolen revolvers to Officer Jim Turner. Ms. Speck said they should have been reported to the National Crime Information Center (NCIC) immediately. However, on June 3rd someone from the police department called her home when she was not there and asked for the serial numbers of the revolvers. Ms. Speck called the department twice and was told she would have to give the information to the desk officer who was not present. The officer did not return her calls. Ms. Speck talked to Councilor Miller who represents her ward. He assured her he would be present to hear her testimony tonight. MINUTES--Eugene City Council June 10, 1985 Page 1 - Ms. Speck said she has numerous relatives who are police officers. She understands the dangers officers face. She said the police department and the fire department should come first in the City budget and the sheriff's depart- ment should be first in the Lane County budget. She hoped her experience would make more funds available to those departments. Mayor Obie told Ms. Speck that Councilor Miller and Mr. Groves had told him of their conversations with Ms. Speck. The councilors will receive a report of the burglary investigation. He suggested that Ms. Speck speak to the budget committee when its work begins in September. B. Whiteaker Community Council Concern About Drug Manufacture Edna Webster, 41 Madison, read a letter indicating that the Whiteaker Community Council discussed neighborhood problems caused by the widespread manufacture and sale of methamphetamines. She said a letter had been sent to the City Manager outlining the extent of the problem and the efforts under- taken to deal with it. She said Lane County ranks second to Philadelphiat PA, in drug producing operations in the United States. She said a high proportion of the drug use and distribution points are in the Whiteaker Community. There has been an increase of armed robberies, muggings, burglaries, and aggressive behavior in the neighborhood in the last 18 months. Drug paraphernalia is seen on the streets and in alleys. Ms. Webster said the drug issue should become a major agenda item for the City. She asked the council to: e 1. appoint a task force to assess the problem, determine the enforce- ment and treatment resources available, and recommend increases if appropriate; 2. lobby the Lane County Commissioners and State legislators to pass legislation making the obtaining of constituent chemicals and glass- ware for the manufacture of methamphetamine more difficult and the identification of people seeking the items more explicit; 3 lobby the State legislators to pass legislation mandating minimum manditory sentences for the manufacture and sale of methamphetamines and for stricter supervision of people convicted of the manufacture and sale of methamphetamines after their release from encarceration; 4 and lobby the congressional delegation for support of House Resolu- tion 526. When the legislation is passed and the position of Lane County in the meth- amphetamine network is established, Ms. Webster said the Whiteaker Community Council urged the City Council to direct the staff to obtain the necessary funds to eradicate the problem. The problem threatens the lives of the neigh- borhood residents. The Whiteaker Council does not want the problems to continue. - Mayor .Obie said he and several councilors share Ms. Webster's concerns and are trying to determine how to deal with the matter. MINUTES--Eugene City Council June 10, 1985 Page 2 II. ANNOUNCEMENTS FROM THE CITY MANAGER -- A. July Council Meetings City Manager Micheal Gleason announced that the July 22 and 24 meetings will be cancelled because the councilors will be attending numerous public meetings that month about the Eugene Agenda. III. PUBLIC HEARINGS A. Business License Revisions--Phase II (memo, ordinances, background information distributed) City Manager Micheal Gleason introduced the item. Susan Smernoff of the Eugene Development Department gave the staff report. She said the council asked the staff to streamline, revise, and consolidate City regulations and processes as a part of the Eugene Economic Diversification Program. During the revision process, concern for the public health and safety was defined as the primary purpose of regulation. Application fees reflect the costs of processing applications. e Ms. Smernoff distributed to the council a memo dated June 10, 1985 and titled "Reference Sheet for Business Regulations." She reviewed the memo which indicated the revised organization of Chapter 3. She noted the City does not require a license for every business in the community now, but, before the revision, the City regulated 2300 people in 35 types of businesses. It has been determined that 20 of those businesses are regulated in other ways and the revisions eliminate those licenses. A business license will be required for ambulance companies, fire safety issues, gas fitters, private security agencies, refuse and recycling collectors, and sidewalk vending. About 600 permits are issued annually for fire safety reasons. Nine types of businesses will be regulated through uniform business practice regulations. They are commercial solicitors, first aid vehicles, social gambling, street vendors, taxi and limousine services, towing, used merchandise dealers, weapons dealers, and wheel chair coach companies. Ms. Smernoff emphasized that the revisions have not changed the substance of the laws for regulating businesses. The aim of the revisions has been to cut out "red tape." She said a public education program about the City regula- tions is very important. Copies of new regulations will be mailed to all affected companies and will be available in City Hall. Copies of the proposed revisions were sent to 1600 people. The staff responded to about 200 phone call s. Discussing two examples of the reV1Slons, Ms. Smernoff said the City now issues a license to companies engaged in merchant police work and another license to companies engaged in detective work. The activities are similar. The two licenses were combined into one license that will be issued to private security agencies. Another example of the revisions is the consolidation of gambling laws from chapters 2, 3, and 4 of the code into chapter 3. e MINUTES--Eugene City Council June 10, 1985 Page 3 Referring to the prepared ordinance, Ms. Smernoff said Section 3.853 on ~ page 45 should be: (Underlined material should be added.) 3.853 Commercial Solicitors - Solicitor Employer. A commercial employer shall comply with all Federal, State, and local laws and regulations. A solicitor employer shall be strictly. . . e e Sec 3.862 (1) (f) should be: (f) Employ as first aid vehicle operators only persons who are currently certified by the State of Oregon as an emergency medical technician 1, 2, 3, or 4. Answering questions asked at the council work session, Ms. Smernoff said the proposed regulations indicate that a person under 18 years of age may sell used merchandise if the person is accompanied by a parent or guardian. People over 18 years of age may sell used merchandise. The proposed regulations indicate that outdoor amusements, such as carnivals, should have a fire safety license that will be issued after the City inspects the premises. Mayor Obie opened the public hearing. Dean Crumroy, P.O. Box 118, Lowell, said he is concerned about the wheel chair coach regulations. He had not seen the proposed ordinance. He asked for time to review and comment on it. John B. Halsey, 272 Centennial Blvd., referred to the social game section of the Uniform Business Practices on page 9 of the proposed ordinance and noted that only poker and gin rummy were identified as social games. Previously, all games in the book by Hoyle were identified as social games. He wondered how sections 3.872, 3.874, and 3.876 on pages 48, 49, and 50 of the proposed ordinance which concern social gambling will be interpreted. Steve Doty, P.O. Box 1302, is president of the American Security Guards, Inc. He referred to section 3.287 on page 9 of the proposed ordinance. He said the industry has been over-regulated and the City has been burdened by applica- tions in the past. He said security services are usually hired by private industries for work on private property. The guards are usually not armed. He recommended that an agency which hires unarmed guards be licensed after proof of a bond and public liability insurance has been shown. Mr. Doty recommended that armed guards be certified by the police department as has been done in the past. He also recommended that the employment and personal history records of guards who are to be on public property be scru- tinized. He said employers should have access to city records or the City process to find out if applicants have been convicted of a crime. Mr. Doty said there were three armed security officers at Valley River Center last Saturday. None of them was licensed. He said the police should enforce the licensing regulations. He emphasized that the licensing of armed guards is very important. MINUTES--Eugene City Council June 10, 1985 Page 4 - e e Johnnie Miller, 1141 Main, owns two taxicab companies. He said taxicab drivers should be licensed. He did not want to hire a child molester, a rapist, or an armed robber. He said he has no control over taxicab drivers. He only knows what they tell him on the radio. He said he does not need a license for the company. He will be sure the vehicles are safe. He empha- sized that he does not have access to the criminal history of applicants and he needs that information. He said the public would be "scared to death" if it knew the record of taxicab drivers will not be checked. Robert William Edmiston, 2060 East 17th, said taxicab drivers used to be afrald to go to tough neighborhoods. Now tough guys are afraid to get into taxicabs. He stressed that company owners must know what kind of person is driving a taxicab. He used to take school children to music lessons. He said criminals should not be permitted to drive children around. William Neibert, 1877 N.W. 7th Ave., Portland, is vice president of Care, Inc., which operates a wheel chair coach in Eugene. He was notified Friday of the proposed ordinance changes. He had learned that only a CPR certification will be required for the driver of a wheel chair coach. He did not think that is enough. He asked the council to postpone action until he and others could comment on the proposed changes. Gary Jones, 65 Grimes St., is president of a security alarm system company. He had not seen the proposed ordinance and would like to comment on the penal- ties for false alarms. Murry Brooks, 2110 West 20th, owns the Silver Dollar Gun Shop. He received the proposed ordinance Friday. Referring to the Uniform Business Practice laws, he said weapons dealers must have copies of the laws. He read the statement about weapons dealers on page 5 of the agenda and said the statement scares him. It states that the primary issue is the maintenance of accurate records, not the prohibition of the sale of dangerous weapons to minors. He was more concerned about the sale of weapons to minors than about the keeping of records. He sai d the statement that "no deal er sell such weapons to anyone who is under 18 years and. . ." is vague. He said laws prohibit the sale of a concealable weapon to a person under 21. Judd Webber, 29904 Fox Hollow, is concerned about the Uniform Business Prac- tice deflnltion of a used merchandise dealer on page 11 and the enforcement of section 3.890 on page 59 of the proposed ordinance. He collects antiques and said people buy and sell at "swap meets" frequently. He said the enforcement of the many people included in the definition of a used merchandise dealer will be an onerous task. Referring to the definition of a dangerous weapon on page 12 of the Uniform Business Practice regulations, Mr. Webber said the definitions are vague. A carving knife, but not a paring knife, could be identified as a dangerous weapon. He said a paring knife can be dangerous. Mr. Webber commended the City on its efforts to de-regulate business. MINUTES--Eugene City Council June 10, 1985 Page 5 e e e Aaron Ellis, 1656 Wilson, opposed the deletion of licenses for photographers. He said it is important to recognize that photographers serve the community. Firms can come and go quickly and people can have trouble getting their photo- graphs or learning why they lost their money. Mayor Obie said he will close the public hearing at 9 p.m. He asked people to keep their remarks brief and not to repeat testimony. Peter Moursund, 59 East 14th, is a licensed private detective. He appreciated receiving notification of the proposed changes. He noted that detectives I and II will be licensed under the private security agencies regulation. He said detectives and security people do different things. He reviewed their duties. He said the proposed change will hurt the reputation of many busi- nesses. Mayor Obie said many people testifying indicated that they need time to comment on the proposed changes. He asked the councilors if they intended to delay action. Several indicated they would like to delay action. Mayor Obie said there was a consensus that the council will delay action on the proposed changes and will receive written testimony for two weeks. Steve Berger, P.O. Box 2107 A, represented Emerald Taxi Company. He said problems with public safety will be caused by the de-regulation of taxicab drivers. He said it is important that taxicab drivers have good character. Bob Brunet, 1545 West 13th, read the proposed Uniform Business Practices for taxi and limousine services. He was concerned about the character of taxicab drivers. He said taxicab drivers are ambassadors of the city. He did not think the City should wait until there is a problem with the city's ambassa- dors. He thought problems should be prevented. John Langan, 2775 Fillmore, said blackjack and poker are played as social gambling and the rules in the book by Hoyle can be used. However, blackjack is not to be permitted in the proposed revisions. Mr. Langan favored permitting all games in the book by Hoyle. He also favored a $2 limit on social gambling because it will keep out professional gamblers. Lynn Walter, 95 East 46th Avenue, agreed with the previous testimony about wheel chair coach transportation. He wanted to meet with representatives of the Emergency Services Department. He said some of the proposed regulations might be re-written. He urged the council to delay action. Cheryl McCown, 38773 Old Pengra Rd., Fall Creek, represented Charlie's Recrea- tion and Vending. She was pleased that the business licenses for amusement devices and arcades will be eliminated. Jerry Johnston, 2900 River Road, owns Amusement Unlimited. He had written the City Manager several months ago, he received a response, and he met with the staff. He appreciated the new ordinance. MINUTES--Eugene City Council June 10, 1985 Page 6 -- e e Linda Collins, 1128-A Alder, represented Old Friends. She sells vintage and experienced clothing. She said section 3.890 of the proposed ordinance concerning used merchandise dealers may affect many storekeepers. She thought it was intended for pawn shops and jewelry stores. Many of the requirements are difficult for storekeepers. It is hard to identify clothing. She has never had an inquiry about stolen clothing. She wondered if purchases at garage sales or flea markets make people used merchandise dealers. She suggested used merchandise be better defined. John M. Burkel, 637 West 7th, is president of B P Limousine and Taxi Company. Referring to the definition of a taxicab owner, Mr. Burkel said he is a lease agent and has independent contractors working for him as leasees. He wondered, in that case, who will be identified as the owner of the taxicab and who is responsible for fines. Mr. Burkel also is concerned about taxicab drivers. He would like to be able to check criminal records. He wondered what a misdemeaner is. Two taxicab drivers hired by Mr. Burkel received temporary licenses from the City and then were released when Mr. Burkel found their licenses had been suspended in another state. He was also concerned about the enforcement of the Uniform Business Practices laws. Larry Jones, 2262 Wisconsin, said it is important to have safe taxicabs. He sald the elimination of licenses will enable unsafe taxicabs to be driven. He said inspections should be required and they should be enforced. Mayor Obie closed the public hearing. He said written testimony will be received for two weeks. Discussing the need for council action, Mr. Gleason said most of the current licenses need to be renewed on July 1. If the council does not take action soon on the proposed revisions, an administrative hassle may be created. He suggested the staff answer questions from the council. Then the council could take acti on. Answering questions from Mr. Hansen and Ms. Ehrman, Ms. Smernoff said notices were mailed last week to everyone in the city who is affected by the proposed changes. People were told they could call the City for more information. Responding to questions raising in the testimony, Ms. Smernoff said the wheel chair coach regulations apply to the transportation of people to such places as the Hult Center. They do not apply to the transportation of people who need first aid or ambulance care. Therefore, drivers of the vehicles do not need medical training. Administrative rules will govern gambling through the Uniform Business Practice laws. The administrative rules indicate any games in the book by Hoyle can be played for social gambling. The wording in the proposed ordinance can be changed to reflect the language in the administra- tive rules. The regulations for merchant police and private detectives are identical and so they were combined. The City will continue to certify people who carry guns. Any company that hires unarmed guards will also have to be 1 icensed. The term "private security agency" can be changed to inc1 ude detective professions. MINUTES--Eugene City Council June 10, 1985 Page 7 e e e Continuing to respond to testimony, Ms. Smernoff said the city currently does a background check on taxicab drivers and, thereby, incurs a tremendous liability. The revised regulations indicate that the taxicab firms should bear that liability. The Oregon Department of Justice has a computerized criminal history system and, if an individual signs a release form, background information could be obtained by a prospective employer for $10. In addition, the City will provide a background check for a fee. Responding to testimony, Ms. Smernoff said the City will have to investigate the status of lease agents for taxicabs. The regulations for weapons dealers have not changed. The City ordinance applies to weapons that cannot be concealed as well as those that can be concealed. The revised regulations emphasize that the City needs to receive copies of the reports sent to Federal authorities about concealable weapons. Continuing her response to testimony, Ms. Smernoff said it is important that used merchandise dealers and weapons dealers hold the merchandise for seven days so the City can track articles that may have been stolen. The regula- tions for the sale of knives require only that a person be 18 years or older and provide identification. The definition of dangerous weapons has been narrowed and made specific. Sharon Rudnick of the City Attorney's office defined a misdemeaner. The councilors discussed the process they would follow. Ms. Wooten was in favor of delaying action on some parts of the proposed ordinance. She was concerned about detectives I and II, taxicab drivers convicted of a misde- meanor, photographers, used merchandise dealers, and the wheel chair coach regulations. Mr. Rutan agreed with Ms. Wooten and had concerns about regulations for weapons dealers. Responding, Ms. Smernoff said the definition of dangerous weapons in the revised regulations is more specific than the one now used. It will probably result in the regulation of fewer types of weapons. Tim Sercombe of the City Attorney's office said the City will regulate more weapons than are regulated by Federal law. Mr. Holmer questioned the advisability of permitting the employment of taxicab drivers convicted of driving when their licenses were suspended. He said the ordinance indicated that the City will not review the background of armed security guards. That worried him. Ms. Schue asked the staff to review the proposed ordinance because it seemed to indicate that a six-year-old could buy a knife if the child is accompanied by a parent. Responding to a question from Ms. Ehrman about Section 3.878 on page 51 of the proposed regulation, Ms. Smernoff said the owners will be prohibited from employing people convicted of only the crimes listed. Ms. Ehrman is concerned about the "driving while suspended" exception. She wondered if the City should charge for background information. She thought the definition of social games should be more explicit. MINUTES--Eugene City Council June 10, 1985 Page 8 e Answering a question from Ms. Ehrman, Vic Mann of the Police Department said the City now checks the criminal record of applicants for a photographer's license. Ms. Ehrman said that check does not address Mr. Ellis' concern. She thought used clothing should be treated differently than other used merchan- dise. Mr. Hansen suggested the staff reconsider the definition of used merchan- dise. He does not think it is appropriate to require an armed guard to show certification to anyone who requests it. Ms. Bascom was not sure that private detectives should be included in the license for private security agencies. Mr. Miller hoped the testimony of Mr. Jones about fines for false alarms would be answered. Mr. Miller noted that several people had left the hearing because they were told the council would defer action. Mayor Obie said there seemed to be a consensus among the councilors that action should be postponed. Therefore, final council action on the business license revisions will be scheduled for June 26, 1985. Ms. Wooten suggested that people should not be unduly penalized if applica- tions for licenses are late because of the changed regulations. Mayor Obie recessed the meeting briefly at 9:15 p.m. and reconvened it about five minutes later. e B. Miscellaneous Land Division and Zoning Ordinance Revisions (CA 85-1) (memo, background information distributed) City Manager Micheal Gleason introduced the item. Gary Chenkin of the Plan- ning Department gave the staff report. He said the proposed changes in the land division and zoning ordinance are part of the comprehensive zoning ordinance revisions. He said annexation and zone change procedures were amended several months ago, but the separation into two separate processes created problems because annexation and zone change requests are usually very closely related. The former procedure of considering them together was more successful and is recommended in the proposed changes. The proposed changes include a recommendation that the council conduct a hearing on an annexation/ rezoning appeal within 40 days of Planning Commission action and take action within 15 days of the hearing. Discussing the elimination of required amortization of non-conforming uses in residential districts, Mr. Chenkin said most uses become conforming. The five remaining non-conforming uses in residential districts do not create prob- 1 ems. e MINUTES--Eugene City Council June 10, 1985 Page 9 e Mayor Obie opened the public hearing. There being no requests to testify, he closed the public hearing. CB 2828--An ordinance concerning land use regulations; amending Sections 7.610,8.823,8.845,9.005,9.007, 9.030, 9.035, 9.060, 9.160, 9.162, 9.164, 9.166, 9.259, 9.268, 9.336, 9.364, 9.392, 9.439, 9.440, 9.510, 9.512, 9.516, 9.534, 9.538, 9.544, 9.546, 9.558, 9.582, 9.588, 9.592, 9.620, 9.644, 9.674, 9.682, 9.690, 9.716, 9.742, 9.810, and 9.980 of the Eugene Code, 1971; repealing Section 9.284 of that code; adding Sections 9.017,9.020, and 9.438 to that code; and declaring an emergency. Ms. Wooten moved, seconded by Mr. Hansen, that the bill be read the second time by council bill number only, with unani- mous consent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 2828 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 councilors present voting aye, the bill was declared passed (and became Ordinance No. 19328). e CB 2829--An ordinance concerning MU-R Whiteaker Residential Mixed-Use District for properties located in the Whiteaker Community; repealing Ordinance No. 19030; and declaring an emergency. Ms. Wooten moved, seconded by Mr. Hansen, that the bill be read the second time by council bill number only, with unani- mous consent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 2829 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 councilors present voting aye, the bill was declared passed (and became Ordinance No. 19329). C. Floodway Development Regulation Revisions (CA 85-4) (memo, background information distributed) City Manager Micheal Gleason introduced the item. Gary Chenkin of the Plan- ning Department gave the staff report. He said the City prohibits building in floodways. The Willamette River was the only floodway shown on the Federal Emergency Management Association (FEMA) maps in the past. Now the e MINUTES--Eugene City Council June 10, 1985 Page 10 e e e FEMA maps indicate part of the Amazon channel as floodway. FEMA regulations permit development in the floodway if the development is constructed so that the level of the water in a floodway is not changed. The proposed code amend- ment will permit construction in the Amazon floodway only. Answering questions from Mr. Holmer and Ms. Bascom, Mr. Chenkin said there will be no changes in provisions for the Willamette f100dway. He discussed ways of building so that the water level of a flood will not be raised. City Engineer Bert Teitzel said most of a flood will be carried in the channel, but the Amazon channel was not built to carry as much water as is being put through it. Consequently, shallow flood water will be carried by the flood- way. A diversion channel would not have to be very large. Mayor Obie opened the public hearing. There being no requests to testify, he closed the public hearing. CB 2830--An ordinance concerning development in the Floodway; amending Section 9.607 of the Eugene Code, 1971; and declaring an emergency. 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, 8:0. Council Bill 2830 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 councilors present voting aye, the bill was declared passed (and became Ordinance No. 19330). . III. ROUTINE ITEM: IMPROVEMENT PETITION FOR SANITARY AND STORM SEWERS IN NIXON STREET (accessible costs: sanitary sewer--59.7%; City cost: storm sewer--$15,000) City Manager Micheal Gleason introduced the item. Answering a question from Ms. Bascom, City Engineer Bert Teitzel said the petition will permit the advertisement of bid requests. The property owners are not served by a private sewer. They asked the City to install a public sewer. Res. No. 3923--A resolution authorizing sanitary and storm sewers in Nixon Street from 24th Avenue to 25th Avenue (1873). Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 8:0. MINUTES--Eugene City Council June 10, 1985 Page 11 e e e Mayor Obie adjourned the hearing at 9:40 p.m. ?~~/- Micheal Gleason Ci ty Manager (Recorded by Betty Lou Rarick) 1767C MINUTES--Eugene City Council June 10, 1985 Page 12 ",. - e e M E M 0 RAN DUM June 10, 1985 TO: Eugene City Council FROM: Eugene Development Department SUBJECT: BUSINESS REGULATION REVISIONS Introduction The Eugene Economi c Di vers i fi cat i on Program di rects staff to revi ew and streamline City regulations. One step in addressing this charge has been a maj or overhaul of Chapter 3 of the Eugene Code, whi ch deals wi th bus i nes-s regulations. The revision process has occurred in two phases. Phase One dealt with revisions to business license laws and procedures. Phase Two is concerned with uniform business practices laws. In both phases, consideration has been given to current licenses that can be repealed. The purpose of this report is two-fold: first it serves as a history of the revision process, and second, it contains the final staff recommendations for Phase Two. The report is divided into these sections: 1. Business Regulation Guidelines 2. Impact of Revisions on the Public 3. Phase One - Business Licenses; Action Taken 4. Phase Two - Uniform Business Practices; Staff Recommendations 5. -Public Education Program 6. Action Requested I. Business Requlation Guidelines In spring 1984, you adopted guidelines for reV1Slons to business regulations. Using these guidelines, our princiole objectives have been to standardize laws and administrative practices, and to regulate only when necessary to protect the public health and safety. The following summarizes how we have addressed those guidelines in our revisions. We have: 1. Defined a Business Regulation as one that regulates business activity when the City has a concern about the general public health and safety. The City will net use business regulations as a means of generating revenue. 2. Reduced, combined or eliminated licenses or the number of regulations for a kind of business activity wnere possible. We have recommended repealing some tyoes of business licenses when that act i vi ty is a 1 ready regul ated by another agency or if it is more appropriate to regulate the activity in another chapter of the Eugene Code, ..,., 3. Established a maximum time frame within which all business license applications will receive final action by the City. After submission of a complete application, the applicant will receive a decision from the City within a maximum of 30 days. If the applicant appeals the City's decision, the .notice of appeal, the hearing, and the decision will occur within another 40 days. These timeframes are similar to those used by other departments and reflect the maximum time allowed for review and appeal. e 4. Defined and standardized the appropriate level of review. All business licenses are approved administratively with appeal to the hearings official. All regulations enforced by uniform business practice laws are handled by Municipal Court. 5. Maintained consistency in procedural provlslons. Procedures governing business license laws have been completely revised and procedures governing uniform business practice laws have been revised. 6. Streamlined portions of the process governed by intra- and inter departmental practices by developing in-house procedures to govern the daily administration of business regulations. II. Impact of Revisions on the Public One of Eugene I s better kept secrets is that the Ci ty does not requi re a business license for every business in the City.. In most cities throughout . the country, a business license is required in order to do business within ~ that city. Typically, the city requires the business to pay an annual fee, but business activities themselves are generally not regulated. . Historically, Eugene has not had a general business license. Rather, the City has regul ated certain types of bus i ness act i vi ty because of an expressed community concern for how that type of business operates. The current regulations have not been comprehensively reviewed in 15 years. Thus, many of the regulations are either outdated, no longer necessary, or. redundant of other state or local laws. Under the old Business License regulations, the City issued about 2300 licenses every year. These were about 35 different kinds of business activity licensed. Given your directive to revise, consolidate, and streamline laws and procedures, we have presented you with a new method for regulating businesses. Once the new system is in place, about 60% of the people who used to apply for business licenses will no longer have to do so. In summary, with the overhaul of Business Regulations, the City will have: 1. Repealed 20 types of businesses licenses. This means that about 840 fewer people will have to come to City Hall each year and fill out an application form and pay a business license fee. 2. Adopted business license regulations for six types of business activity. The purpose for regulations of these businesses is to address major community health and safety activities in a proactive manner. .The six new business licenses will be: Ambulance. Private Security Agency, Sidewalk Venaors, Fire Safety, Gas Fitters, and Refuse and Recycling Collectors. About 970 people will be regulated -2- - .If,' by the new business license laws. 3. Adopted Uniform Business Practices regulation for nine types of business activity. This translates into about 490 people who will have to abide by specific city business laws, but will not have to come to the (ity each year and fill out an application for or pay a business license fee. The new Uniform Business Practice laws will apply to: First Aid Vehicles, Social Gambling, Wheel Chair Coaches, Taxis and Limousines Services, Street Vendors, Commercial Solicitors, Used Merchandise Dealers, Weapons Dealers, and Towing. e 4. Revised the business license applications fees so that they reflect only what it costs the City to process an application. III. Phase One - Business Licenses; Action Taken On April 22, 1985. you took action on Phase One of the Business Regulation revisions. Council approved Phase One revisions included: 1. Reorganization of Chapter 3 to add clarity and consistency to what is being regulated. 2. Revisions to the administrative procedures that govern business licenses. 3. Adoption of new laws for Ambulance. Fire Safety, and Refuse and Recycling Collection. - <:4 Deletion of Business Licenses for Building Demolition Contractors, Dance Halls, Lodging Facilities, Mobile Home Parks, Nursing Homes, House Movers, Sign Contractors, and Skating Rinks. ~~e Two - Uniform Business Practices: Staff Recommendations The majority of the revisions that are proposed in Phase Two focus on the adoption of Uniform Business Practice (UBP) laws for certain types of business activity. Itis important to note that these revisions have not affected the substance of the laws. Rather, what is being changed is how the City will process and enforce the laws. So, for example, we propose that Weapons Dealers be regulated by Uniform Business Practices laws. This means that the substantive laws regulating Weapons Dealers won1t change. It does mean they will no longer be required to apply for a business license and that violations of the law will be handled in Municipal Court rather than by a Hearings Officer. In addition, in Phase Two, we also recommend: 1. The adoption of revised Business License laws for Gas Fitters and Private Security Agencies. (Council may take action on the Sidewalk Vending Business License on June 12.) 2. The deletion of Business License Regulation for: a. Alarm Monitoring Services and Alarm Equipment Suppliers; e b. Electrical Sales; c. Special Sales: d. Photographers; -3- ,. ",;' e. Transient Merchants; f. Charitable Solicitations; e g. Amusement Devices and Arcades h. Detective Agency and Detective Classes I and II; i. Merchant Police Agency and Merchant Police Classes I, II, and III; j. Outdoor Amu.sements and Outdoor Shows; k. Auctioneers; and 1 . Theaters. 3. The deletion of the Public Solicitations Commission, the Advisory Committee on Gambling, and the Civil Service Commission. A. Uniform Business Practices The purpose of UBP laws is to impose sanctions after there is reason to believe that a business is engaged in an activity that endangers the ?ublic health or safety. Businesses would thus be required to operate within laws established by UBP regulations. Business regulated through the UBP laws would not be licensed by the City. .. Rather, like the existing towing laws, there would be specific laws that must ~ be abided by. If those laws are broken, the City can take civil action against the person or business. The person can be accessed a civil penalty in an amount not to exceed 5500 and/or requi red by court order to correct the violation. Because the Ci ty current iy regul ates towi ng by use of UBP regul at ions, we already have established procedures for uniform business practices. Staff is thus recommending that the current towing laws and procedures be moved from Chapter 4 to Chapter 3. The pri nci p 1 e reason for thi s transfer is that Chapter 4 deals primarily with criminal matters, whereas Chapter 3 is concerned with civil matters. Regulation of businesses through UBP is a civil matter. The towing laws and procedures were reviewed and adopted by the City Council in April 1983. The only changes we have recommended are those that clarify the language and make it easier to understand. It is proposed that the following types of business activities be regulated by UBP laws: 1. Towi ng: You revi ewed and acted on the Towi ng Practice ordi nance April 23,1984. Since these were the first uniform business practice regulations to be adopted by the City, we have monitored the success of the laws during the last year. The staff experience has been positive and staff is supportive of similar regulation for other types of business activity. At this time, we do not see any need to revise the exisiting laws. We do recommend that the laws be moved from Chapter 4 to Chapter 3, where all uniform business practice regulations will be loca~ed. - 2. Wheel Chair Transport Vehicles: These vehicles transport persons who are in wheel chairs. To ensure the safe transport or such individuals, we recommend tha~ the vehicles be properly equipped to restrain wheel chairs and that fire extinguishers be carried. -4- .. ',- e e e 3. First Aid Vehicles: In order to alleviate confusion with ambul ances and the type of servi ces provi ded by ambul ances, we recommend that this type of vehicle be regulated. The recommendations include the type of equipment to be carried. and spell out the type of situations in which anc ambulance is the more appropriate form of transport. Sudans are typically used as first aid vehicles in our city and Eugene Clinic provides that service. 4. Taxi and Limousine Services: Historically, there has been an expressed concern about the character of people driving taxis and limousines and proper identification of drivers and their vehicle. The UBP laws would require the drivers to carry identification and for their vehicles to be marked appropriately. In addition. no one would be allowed to drive a cab who has been convicted of a felony within the past 3 years. or convicted of an offense involving assault on another person or theft within the last 1 year. 5. Weapons Dealers: The primary issue involved in the regulation of weapons dealers is the maintenance of accurate records, and not the prohibition of the sale of dangerous weapons to minors. We propose that no dealer sell such weapons to anyone who is under 18 years and who is not accompanied by a parent or legal guardian. 6. Street Vendors: Last year Administrative Rules were signed governing the activity of Commercial Vendors. The rules spoke to vending on public streets and sidewalks. On June 12, 1985, you will review and take action on the proposed. Sidewalk Vending regulations. We recommend that the current rules'for street vendors be retained because they are appropriate to activities like the !lice cream manu that take place on streets. The public has no expressed concerns about street vending activity. 7. Social Gambling: Traditionally issues such as criminal conspiracy. racketeeri ng, and di sorderly conduct are associ ated wi th soci a 1 gambling. To better ensure public safety. we recommend that the exisiting restrictions on social gambling be retained. The laws were originally developed by the Advisory Board on Gambling and continue to be effective in managing social gambling concerns. 8. Used Merchandi se Oea 1 ers: Crimi na 1 s often try to convert sto 1 en goods to casn by se 11 i ng them to used merchandi se dea 1 ers. The dea 1 ers then have been known to tra ffi c in sto 1 en goods. As a result, it continues to be necessary to regulate this type of business in order to both prevent the fencing of stolen goods and to recover stolen goods when possible, To regulate this activity we are recommending that records be kept on purchased goods and that goods not be purchased from people under the age of 18 unless they are accompanied by a parent or legal guardian. 9. Commercial Solicitors: There is individuals who solicit goods from keeping the current regulations. which identification, and when requested, serv;es or goods. community concern about door-to-door. We propose require solicitors to carry to present a receipt for -5- .~t B. Revised Business License Laws e We recommend revisions to the following existing Business License regulations: 1. Gas Fitters: The City has a safety concern about persons who install, repair, alter or service gas consuming apparatus, piping systems, or appurtences using natural gas, manufactured gas, or 1 i quifi ed petro 1 eum gas. We recommend that the City continue to test and license these person until such time as the state assumes the responsiblity. 2. Private Security Agency: Private security agency is defined as a persons who watch, guard, or protect property or persons, or who do investigative work. We recommend that these agencies, except on- premise agencies, be licensed and that persons who carry guns while in the employment of such agencies be tested by the City for their knowledge in the use of firearms and the laws concerning the use of force. We also recommend that no. agency be allowed to hi re an employee who has recently been convicted of a felony or misdemeanor, or an offense involving theft or assault. C~ Deletion of Business Licenses In addition to the Business Licenses that you deleted in April, we also recommend that the following licenses be deleted. 1. Alarm Monitoring Services/Su~p1iers: This license primarily addresses how private alarm services are maintained and how they connect with public services. The 911 system changes how the City wishes to regulate services and suppliers. We recommend that these activities be regulated through modifications to Chapter 4 of the City Code and not by a Busi ness License. The new 1 anguage will speak to false alarms and the penalty for causing the City to respond repeatedly to unfounded alarms. -- 2. Electrical Sales: The City is not responsible for the enforcement of the State Electrical Safety laws unless we choose to be. The laws require that anything with an electrical plug be tested and approved by a certified testing laboratory. At this time. no other cities in the State enforce the State laws. The Attorney General IS Office suggests that the City report any local violations of the Electrical Safety law to the State for enforcement through established civil penalty and injunction remedies. 3. Special Sales: This Business License was originally created to ensure that firms having a IIgoing out of businessll sale did intend to go out of business and did not price their sale goods higher than they were ori gi na lly marked. Because the primary purpose of the Business Regulations has been defined to address health or safety issues, there appears to be no reason to continue to monitor this type of business activity. -- 4. Photoqraphers: Historically, the concern with this business activity has centered around traveling photographers. This activity. can most effectively be addressed by the commercial solicitors UBP. Those laws require door-to-door solicitors to carry identification and to provide an order form and. receipt for -6- t,- servi ces or goods. 5. Transient Merchants: For purposes of City regulations, there are three basic types of merchants: those who operate in permanent structures and must abide by zoning and building laws; those who operate on the pub 1 i c ri ght-of-way; and those who do outdoor merchandi si ng on pri vate property. We propose regul at i ng those operating on the public right-of-way through the Sidewalk Vending Business License and the Street Vendor UBP laws. To address outdoor merchandising on private property. we recommend that the City Council direct the Planning Department to prepare amendments to the Commercial Zoning District standards in Chapter 9 of the Eugene Code. The amendment woul d address the outdoor merchandi s i n9 of products such as flowers on pri vate property. Di rect i on to the Planning Department can occur at your June 12 meeting, when you take action on the Sidewalk Vending Business License. e 6. Charitable Solicitation: This portion of the Business License laws has not been enforced since July 1984 because the City Attorney's Office advised us that several sections of this law violate free speech and due process. Enforcement of the existing laws could result in municipal and individual liability. There is proposed state legislation (HB 2217) that could affect how charitable solicitors operate in the state. We recommend waiting until the State legislature acts on this bill and then make a determination about how we should proceed. While we wait for State action. the staff continues to research how to best address charitable solicitations. e D. Delete Boards and Commissions During the past several years, you have made a concerted effort to not create new boards and commissions without careful consideration, and you have eliminated boards and commissions when their primary missions have been accomplished. We are recommendina the deletion of three boards because the focus of their activities have either changed over the years or will no longer be required due to revisions in the Eugene Code. The primary functions of the Public Solicitations Commission and the Advisory Committee on Gambling were to review business license applications for compliance with the Eugene Code. We are now recommending that the Charitable Solicitations Business License be deleted and that the Gambling be regulated through UBP laws. Changes to these licenses would negate the need for either body to perform a review of business license applications. In adopting the 1971 Eugene Code, the City Council repealed all laws affecting the Civil Service Commission and abolished its duties. Thus, the commission has not had membership or been operative since that time. E. Miscellaneous Revisions e The UBP laws will be in Chaoter 3 of the City Code. Currently, Chapter 3 is titled IIBusiness Licenses.1I We propose changing the title to "Business Regulations.1I There would then De five major divisions to Chapter 3: Business Licenses; Uniform Business Prac~ices; Downtown Development District Taxation; Transient Room Tax, and Eugene Performing Arts Center - Patron User Fee. This review is concerned only with Business License Regulations. -7- ^t V. Public Education As the staff proceeded through the review and reV1Slon process for Business ~ Regulations, the need. for an on-going public education program became ~ increasingly important as a future idea to address. Those staff involved in field enforcement are continually aware of persons who,are lIignorantll of the law rather than intentionally not abiding by it. It is also a common experience of staff that people comply with the law once they are aware of them. Traveling carnivals provide a good example of the need for educating the public both on an ongoing basis and as violations are seen. Currently, the State does an electrical inspection of traveling carnival equipment. Carnivals are also required to obtain a Fire Safety Business License from the City.' The City inspects to make sure there are fire lanes and that flammable liquids are appropriately stored. Because of the number of cities visited by a traveling carnival it is not uncommon for the business to be unsure of the need fora license. As City officials note such an activity setting up, we take the opportunity to inform them of our City's regulations and the need for a City inspection. We can also inform shopping center, which are common location sites for traveling carnivals, about the need for a Fire Safety Business License and inspection by the City. In the future, it would be helpful to design a public information program about City health and safety regulations and be able to print material appropriate to the types of businesses we regulate. City departments have also discussed the benefit of periodically informing businesses of new State and City laws and providing safety information. -- VI. Act ion Staff for the Eugene Development Department. Eugene Police Department, Eugene Fire Department, and Public Works Department recommend that the Eugene City Council take action on Bustness Regulations that are intended to protect the public health and safety, and repeal regulations that no longer need to be regulated in Chapter 3 of the Eugene Code. SLS:edsls064 6/85 e -Q- v . - - e M E M 0 RAN DUM June 10, 1985 TO: FROM: SUBJ: Mayor and City Council Planning Department on Behalf of the Planning Commission MISCELLANEOUS LAND DIVISION AND ZONING ORDINANCE REVISIONS In the last three years, the Planning Commission has recommended and you have adopted updated residential, commercial, and industrial zoning district land use regulations and streamlined land use application processing procedures. On April 2, 1985, the Planning Commission unanimously recommended a series of miscellaneous changes that did not fit into one of the previous modules. Attached under separate cover are (1) a brief description of each change and (2) the proposed ordinance with the precise language as it will appear in the City Code, should you adopt the Commission1s recommendation. If you have any questions on this matter, please call Gary Chenkin in the Planning Department at 687-5481. Attached under separate cover: List of proposed changes Ordinance . Planning Commission minutes (February 11, April 1, and April 2, 1985) p 1 gczo4 5985 .. M E M 0 RAN 0 U M e June 10, 1985 TO: FROM: Mayor and City Council Planning and Public \~orks Department.s for the Planning Commission SUBJ: FLOODWAY DEVELOPMENT REGULATION REVISIONS CA 85-4 In accord wi th the reQui rement.s of the Federa 1 Emergency Management. Agency (FEMA) we will soon begin the process of comorenensively revising Eugenels zoning regulations regarding develooment. st.andards in designat.ed flood hazard areas. This is necessary so deveiopmen~ can cont.inue to qualify for loans from lending institutions insured by the federal government. These regulations will address the fiooaway fringe as well as the water courses themselves, as defined and delineat.ed on FEMA maps. In the meantime, there is some concern about industrial development limitations in the vicinity oT the Amazon Channel, especially in west Eugene. For example, Spectra Physics plans t.o apply for a building permit to expand its facilities this building season. However, the Metro Plan includes the following policy on page I11-C-7: Development shall be prohibited within the floodway. The floodway is that portion of the flood plain where high voiumes OT moving water flow through drainageways or channels of a water course. e When the Metro Plan was adoPted in 1982. the only river in Eugene associated with a "floodway" was the I,villamet.t.e. and t.he above oolicy was appropriate. However, the latest FEMA maps include a flooaway in connection with the Amazon as well. With stipulated safeguards. develooment. in t.he Amazon fioocway would be accept.able. Fort.unat.ely. FEMA has modified its standards ana now permits deve 1 ooment in fl oodways if appropri ate precaution s are neeaed and, more particularly, if it will not result in a rise of water surface. For example, channels around new const.ruction can eliminate flOOd hazards that const.ruction might otherwise generat.e. Existing Zoning Ordinance language reflects the former. more restrictive FEMA standards. On June 5, 1985. the Planning Commission unanimously recommended the following revised language. Additions are underlined and deletions are [bracketed.] 9.607 FLOODWAY - DEVELOPMENT. Development, including but not I imited to buildi ngs or other structu res, is proh ibited in the Wi Ilamette River floodway as defined in section 9.015. Oevelooment ~ prohibited in all other floodwavs if the result couid be a rise in water surface.Furth'e'rmore. ~ floodwav develooment reqUl,';S-City Enclneer approved design and construction o;aTeauaras acainst natural hazards. Mining, dredging, filling. grading, excavation. and drilling are prohibited in all floodwavs if the result couid be a rise In [upstream 1 water su dace.- - FlocGway is aerined in section 9.015 as liThe cnanne1 of a '",atercourse !'"equ;red to Drevice for :Jassage of a one oercent chance flood.1I This means an average or one flooa every :00 years. ~ We have checked with FEMA. That agency has no problem with allowing developmen~ in rloodways provided it does not raise the level of the water surface. ~ Finally, as part of the current mid-period review process. we will provide you with suggested rewording of the above Metro Plan poJ~cy reflecting current circums~ances. Action Reauested: Consider adopting the Commission1s recommended revision to Section 9.607 in the Zoning Ordinance. Attached under separate cover: Planning Commission minutes of June 3 and 4, 1985 (excerpt draft) Proposed Ordinance plgcfld5 6585 ~- - 2