HomeMy WebLinkAbout06/26/1985 Meeting
M I NUT E S
,_ Eugene City Council
City Council Chamber
June 26, 1985
Noon
COUNCILORS PRESENT: Richard Hansen, Emily Schue, Ruth Bascom, Debra Ehrman,
Jeff Mill er.
COUNCILORS ABSENT: Cynthia Wooten, Roger Rutan, Freeman Holmer.
The adjourned meeting of the City Council of the City of Eugene, Oregon, was
called to order by His Honor Brian B. Obie.
1. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA
ADJUSTMENTS
A. Eugene Arts Foundation Board
Ms. Bascom announced that the Eugene Arts Foundation Board contributed $24,000
to the City and the Hu1t Center for the Performing Arts at the end of the
e fiscal year.
Mayor Obie said he appreciated the surprise contribution.
B. Bach Festival
Ms. Bascom read the words of a cantata Johann Sebastian Bach wrote when he was
attempting to get funds from City officials.
C. State of the City Program
Ms. Bascom suggested staff consider holding the State of the City Program in
January in the Hu1t Center Lobby.
D. Mowing Grass in City Parks
Councilor Miller said park lawns, such as Petersen Barn, that are not watered
are mowed about every six weeks. Some of his constituents would like the
1 awns there mowed more often.
E. Golden Garden Area
Mr. Miller said much reveling takes place in the evenings in the open fields
in the Golden Garden area. Part of the area is in the City and part is in
Lane County. The residents would like barriers at the ends of the streets to
- curtail the parties and wild rides on three wheelers, motorcycles, and four
wheelers.
MINUTES-Eugene City Council June 26, 1985 Page 1
F. 1 ,000 Friends of Oregon
e Mayor Obie invited the local representative of the 1,000 Friends of Oregon to
inform the council what the organization intended when it offered free legal
service to help people interpret the goals and directions in the Metro Area
General Plan. Mayor Obie thought the offer might create encumbrances to the
City processes.
Mayor Obie also asked the Eugene Bar Association to reflect on the ethics of
the action of the 1 ,000 Friends of Oregon. He suggested the Bar Association
consider providing legal service to the City and other people to help with
their protection.
G. New Public Service Officer
City Manager Micheal Gleason introduced Barbara McDonald, who will begin
serving as the Public Service Officer on July 1.
H. Mayor's Nominations to Metropolitan Area Plan Advisory Committee
(MAPAC) (memo distributed)
Mr. Hansen moved, seconded by Ms. Schue, to approve the
following Mayor's nominations to the Metropolitan Area Plan
Advisory Committee:
Randall Hledik, 2677 Chad..............Term to expire: 6/30/87
e Sidney Voorhees, 2489 Lincoln..........Term to expire: 6/30/88
Linda Kintz, 2415 Fairmount............Term to expire: 6/30/88
Roll call vote; the motion carried unanimously, 5:0.
I. Mayor's Nominations to Refuse and Recycling Board (memo distributed)
Mr. Hansen moved, seconded by Ms. Schue, to approve the
following Mayor's nominations to the Refuse and ReCYCling Board:
Fred Farrand, 888 West 8th Avenue... .... Term to expire: 12/31/86
Jim Hershner, 2090 Oakmont Way.........Term to expire: 12/31/86
Wallace Swanson, 140 Coachman..........Term to expire: 12/31/87
Roll call vote; the motion carried unanimously, 5:0.
II. ROUTINE ITEMS FOR COUNCIL APPROVAL
A. City Council Regular and Work Session Minutes of May 20, 1985, and
Regular Meeting of May 22, 1985 (minutes distributed)
City Manager Micheal Gleason introduced the agenda item. I
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MINUTES-Eugene City Council June 26,1985 Page 2
Mr. Hansen moved, seconded by Ms. Schue, to approve the City
- Council minutes of May 20, 1985, and May 22, 1985. Roll call
vote; the motion carried unanimously, 5:0.
B. Improvement Petition on Bailey Hill Road (assessible cost: sani tary
sewer--53 percent; City cost--none)
City Manager Michea1 Gleason introduced the agenda item.
Res. No. 3928--A resolution authorizing sanitary sewer on Bailey
Hill Road from 950 feet south of West 11th Avenue
to 1,200 feet south of West 11th Avenue (2210)
Mr. Hansen moved, seconded by Ms. Schue, to adopt the
resol ution. Roll call vote; the motion carried unanimously, 5:0.
II. BUSINESS LICENSE REVISIONS--PHASE II (memo, ordinances, background
information distributed)
City Manager Michea1 Gleason introduced the agenda item. Susan Smernoff
of the Eugene Development Department gave the staff report. Responding to
comments at the council.s pUblic hearing on June 10, Ms. Smernoff said many
owners and managers thought they would have difficulty getting background
checks on prospective employees. So staff recommended that the Police Depart-
ment do the background checks and issue a certification card to detective and
e security agencies, the person in charge of social gambling, and taxicab and
limousine drivers. The card will be issued to individuals who comply with the
Business Regulations of the Eugene Code.
Ms. Smernoff said the proposed ordinances indicate the City will license armed
and unarmed security people. The laws for merchant police and detective agen-
cies are identical in the current code; consequently, they have been combined
in the revisions. The definition of social gambling has been rewritten to
permit most games in Hoyle's Modern Encyclopedia of Card Games. Games that
require a banker to be present are prohibited.
Responding to a letter from Francis W. Linklater concerning limousine drivers
who take people on special tours for a day, Ms. Smernoff said the proposed
ordinance indicates that limousine rates must be visible from outside and
inside the vehicle. She suggested the definition of a limousine in the
ordinance should be changed to:
. . . a motor vehicle hired for transporting passengers at fixed
ra tes . . .
Ms. Smernoff said used clothing has been excluded from the definition of a
used merchandise dealer in the ordinance to respond to testimony. In addi-
tion, the definition of a seller of used merchandise in the ordinance has been
changed to the one used by the Internal Revenue Service. It excludes those
who sell items as a hobby.
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MINUTES-Eugene City Council June 26, '985 Page 3
The revisions have been clarified so that City ordinances governing the sale
. of weapons do not conflict with Federal laws, Ms. Smernoff said. The defini-
tion of dangerous weapons has been changed to indicate that a folding knife
longer than five inches and swords are dangerous weapons.
Ms. Smernoff said wheel chair vehicles are similar to taxicabs. They trans-
port people who are in wheel chairs, but who do not need medical assistance.
The revisions require drivers to have cardiopulmonary resuscitation training
and nurse's aide training.
The revisions also establish penalties for false alarms received by the Police
and Fire Departments, Ms. Smernoff said.
Responding to questions from Ms. Ehrman, Ms. Smernoff said some Detectives I
and II carry weapons. The City will still license both categories of detec-
tives and, in addition, will require certification from the Police Department
in gun handling for armed detectives. The title of the licensing regulations
will be IIDetective and Security Agencies. II
Answering questions from Ms. Bascom, Vic Mann of the Police Department said
the City will notify the owner the first time a false alarm is reported. The
second time a false alarm is reported, a citation will be issued. The penalty
will be decided by the Municipal Court. Ms. Smernoff said the City will
notify people who operate alarm systems of the change in procedures.
Mr. Hansen approved of the new procedures for false alarms. He discussed
e several concerns of Mr. Holmer who was not present. Mr. Holmer wondered if it
is necessary to be so specific about the equipment on first aid vehicles.
Ms. Smernoff responded that the equipment is considered necessary by the
City's ambulance personnel. The equipment list can be reviewed as necessary.
Referring to Section 3.287 subsection (b) on page 11 and Section 3.879 sub-
section (b) on page 56 of the proposed ordinances, Ms. Smernoff suggested the
following change: (Underlined material should be added.)
Has not been convicted of a crime of offense involving. . . a major
traffic crime except driving while suspended, or a drug- or sex-related
offense:
Ms. Ehrman wondered if IIdriving whil e suspendedll shoul d be an exception to the
crimes for which a taxicab driver's certification will not be awarded.
The issue was discussed for some time. Mr. Mann said a IIdriving while sus-
pendedll charge can be either a misdeanor or a felony. The severity depends on
the crime. Ms. Smernoff said driving licenses can be suspended because people
do not pay parking fines. That should not be a reason for denying a license
to a taxicab driver. Mr. Mann said the proposed ordinance indicates that a
person convicted of a major traffic crime, such as driving under the influence
of intoxicants (DUll), will not be issued the certification necessary for
taxicab drivers. The IIdriving while suspendedll misdemeanor is very broad in
Oregon and does not weed out bad drivers. It may identify a person as
financially irresponsible.
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MINUTES-Eugene City Council June 26, 1985 Page 4
Sharon Rudnick of the City Attorney's Office said a DUll conviction is a major
- offense and will appear on a person's record. The person will be denied a
taxicab driver's license.
Ms. Ehrman said a long history of "driving while suspended" convictions may
indicate a person should not be certified as a taxicab driver. She pointed
out the ordinance does not state that people convicted of "driving while
suspended" felonies will be denied 1 icenses.
Answering a question from Ms. Schue, Mr. Mann said a "driving while suspended"
conviction is usually a major traffic crime.
Ms. Ehrman suggested the ordinance state:
. . . driving while suspended for failure to pay a fine or appear in
co urt . . .
Mr. Sercombe noted that driving licenses can be suspended for such things as
fa il ure to pay for ins urance. He suggested the phrase ". . . convi cted of
more than five driving whil e suspended offenses. II
Mr. Obie wondered why the exception is in the ordinance.
The councilors decided to discuss the issue at another session. If they
decide the wording is not appropriate, the ordinance can be amended.
e Ms. Schue initiated a discussion of limousine rates for tours. Mr. Gleason
said the ordinance identifies taxicabs as vehicles that charge by mileage and
operate with a meter. If a limousine driver wants to operate as a taxicab,
the driver should get a taxicab license. If the regulations do not work, the
drivers can request a change in the ordinance.
Referring to Section 3.288 on page 11 of the proposed ordinance, Mr. Hansen
suggested that IImayll in subsection (1) be changed to IIshall. II It shoul dread:
(1) No person shall act or be employed. . . The city [may] shall issue
a certification card to carry a firearm upon proof that the appli-
cant:
Referring to Section 3.292 subsection (c) on page 14 of the ordinance,
Mr. Hansen said armed detectives or security officers should not have to show
a certification card to any person upon request. The card should have to be
displayed only when City enforcement officials request it. Ms. Smernoff said
she can insert the wording used in other sections of the code for City offi-
cial s. Ms. Ehrman commented that the certification card is not an identifica-
tion card.
Ms. Ehrman said the business community had expressed appreciation for the
City's efforts to streamline the licensing procedures.
Mr. Gleason read Council Bills 2826 and 2827 and said they will be amended to
reflect the suggestions of councilors during the discussion.
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MINUTES-Eugene City Council June 26, 1985 Page 5
CB 2826--An ordinance concerning specific business license
regulations; amending, repealing, and adding provisions
- of the Eugene Code, 1971; and declaring an emergency.
CB 2827--An ordinance concerning Uniform Business Practices;
amending, repealing, and adding provisions of the
Eugene Code, 1971; and declaring an emergency.
Mr. Hansen moved, seconded by Ms. Schue, that the bills as
amended be read the second time by council bill numbers only
with unanimous consent of the council, and that enactment be
considered at this time. Roll call vote; the motion carried
unanimously, 5:0.
Council Bills 2826 and 2827 were read the second time by council bill number
only.
Mr. Hansen moved, seconded by Ms. Schue, that the bills be
approved as amended and given final passage. Roll call vote;
all councilors present voting aye, the bills were declared
passed (and became Ordinance No. 19337 [CB 2826] and Ordinance
No. 19338 [CB 2827J, the emergency clause in the council bills
was not effective.)
Answering a question from Mayor Obie, Ms. Smernoff said the councilors will
discuss the "driving while suspended" exemption for taxicab drivers at another
meeting. Mayor Obie also asked her to contact Francis Linklater and discuss
e the limousine rate structure again.
IV. ORDINANCE CONCERNING PROHIBITED WEAPONS, BEGGING, LOITERING, AND
OFFENSES INVOLVING VEHICLES (memo, ordinance distributed)
City Manager Micheal Gleason introduced the agenda item. Bill DeForrest of
the Police Department gave the staff report. He said the police were
requesting the repeal of certain ordinances because they cannot be enforced.
Mr. Hansen said Mr. Holmer, who was not present, was concerned about the dan-
gerous weapons that will not be regulated and the lack of regulations about
loitering and begging. Mr. Hansen noted that loitering and begging and con-
trol of dangerous weapons are problems in the community.
Responding to a comment of Ms. Ehrman, Mr. Sercombe said the City Attorney is
working on an ordinance concerning begging. No constitutional way has been
found to regulate loitering; however, an ordinance concerning disorderly
conduct will regulate some such activities.
Ms. Ehrman said a constituent had complained about beggers in the City.
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MINUTES-Eugene City Council June 26, 1985 Page 6
CB 2837--An ordinance concerning offenses; repealing Section
- 4.690, 4.695, 4.720, 4.890, and 4.955 of the Eugene
Code, 1971; amending Section 4.990 of that code; 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. Roll call vote; the motion carried
unanimously, 5:0.
Council Bill 2837 was read the second time by council bill number only.
Mr. Hansen moved, seconded by Ms. Schue, that the bill be
'approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was passed (and declared
Ordinance No. 19339, the emergency clause in the council bill
was not effective).
v. ORDINANCE CONCERNING SELF-FUNDING HEALTH BENEFITS (memo, ordinance
distributed)
City Manager Micheal Gleason introduced the agenda item. Lana Lindstrom,
Personnel, gave the staff report. She said the proposed ordinance will
clarify the ability of the City to self-insure health benefits. Such a
program will be cost-effective and flexible.
e Answering a question of Ms. Ehrman, Mr. Gleason said the council reviews the
budget through the budget review process as the self-insurance program is
included in the Administrative Services budget.
CB 2838--An ordinance concerning the City's self-funding
insurance program; amending Section 2.585 of the Eugene
Code, 1971; 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. Roll call vote; the motion carried
unanimously 5:0.
Council Bill 2838 was read the second time by council bill number only.
Mr. Hansen moved, seconded by Ms. Schue, that the bill be
approved and given final passage. Roll call vote; all
councilors present voting aye, the bill was passed (and declared
Ordinance No. 19340, the emergency clause in the council bill
was not effective).
Mayor Obie recessed the City Council meeting at 12:50 p.m. and reconvened it
at 1:00 p.m. in the McNutt Room for a work session. Ms. Schue, Mr. Hansen,
Ms. Ehrman, Ms. Bascom, and Mr. Miller were present.
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MINUTES-Eugene City Council June 26, 1985 Page 7
WORK SESSION
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VI. CAPITAL FINANCING DISCUSSION
Using flipcharts, Finance Director Warren Wong discussed the estimated revenue
from a city income tax. He noted the City will loose about $3 million in
Federal Revenue Funds which have been used for the capital budget. He said a
city income tax of 1 percent would produce about $12 million annually. It
would provide $5 million for the capital budget and $7 million for the Eugene
Agenda projects and operations. It would finance all the Eugene Agenda
projects, the library expansion, a swimming pool, provide funds for operating
and maintenance costs for the Eugene Agenda, provide for operating deficits
projected in the Six Year Financial Forecast, and provide for the workload
increase due to population growth.
A city income tax of three-quarters of 1 percent will produce about $9 million
annually. It would produce $4 million for the capital budget and $5 million
for the Eugene Agenda projects, the library expansion, and a swimming pool. A
city income tax of one-half of 1 percent would produce about $6 million
annually. It would produce $3 million for the capital budget and $3 million
for other projects. It would fund the airport expansion, the Riverfront
Science Park, the downtown revitalization, and the library. Transportation
system improvements and entrance beautification could be funded when money is
available in the capital budget. The pool would not be funded.
e A city income tax of one-quarter of 1 percent will produce about $3 million
annually, Mr. Wong said. One way of spending it would be to fund the capital
budget with $3 million. The transportation system improvements and entrance
beautification could be funded when money is available in the capital budget.
Other projects would not be funded. Another way of spending it would be to
fund the airport expansion, the Riverfront Science Park, the downtown revital-
ization, and the library expansion. In that case, Federal Revenue Sharing
funds would not be replaced. The transportation system improvements and
entrance beautification would not be funded.
Answering a question from Mr. Hansen, Mr. Wong said the council could decide
which projects will be funded. For example, the library expansion and
swimming pool could be funded and other projects dropped.
Mr. Hansen said the income tax estimates are interesting. He would like to
use them when talking to people. He suggested the costs of the projects in
the Eugene Agenda be included so that people can suggest different ways of
spending the new income.
Responding to questions from Mr. Miller and Ms. Bascom, Mr. Wong said the
estimates are based on adjusted gross income. They do not include any exemp-
tions. Mr. Miller would like to have estimates of revenue from a city income
tax which would exempt some people with low incomes.
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MINUTES-Eugene City Council June 26, 1985 Page 8
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VII. PUBLIC INFORMATION PROGRAM
~~, Ms. BellamY presented the slide show which will be shown at the public infor-
mation meetings she is schedul ing. At the meetings, councilors will tell
people about the Eugene Agenda and get comments about it. A staff person will
be responsible for the equipment and for recording attendance and comments.
After the slides, Ms. Ehrman said they did not show many senior citizens. She
said more information will be needed at the meetings because people will ask
about such things as user fees. Mr. Gleason responded that the staff will
have additional information available.
Ms. Bascom suggested there be more time between the explanations of the
projects.
The meeting was adjourned at 1:25 p.m.
R~~~~~~~
/,' . '
~ .........
Micheal Gleason
City Manager
(Recorded by Betty Lou Rarick)
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MINUTES-Eugene Ci ty Council June 26, 1985 Page 9
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M E M 0 RAN 0 U M
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June 26, 1985
TO: Mayor and City Council
FROM: Mike Gleason, City Manager
SUBJECT: BUSINESS REGULATION REVISIONS - PHASE 2
Background
Three years ago, the Eugene Economic Diversification Program directed staff to
begin a review and streamlining of City regulations. Land use procedures were
the first to be reviewed. You adopted specific ordinance revisions in October
1983. The result was a 3D-percent reduction in total processing time for land
use applications.
In February 1984, you adopted guidelines for revisions to Chapter 3 - Business
License Regulations. Phase One revisions, which you adopted in April 1985,
streamlined business license laws and procedures, and deleted eight business
licenses. Phase Two, which was presented to you in May 1985, proposes using
uniform business practice (UBP) laws to regulate some types of business
activity. We recommended adopting UBP laws for nine types of business
~ activity and repealing seven additional business licenses. As in Phase One,
strong emphasis has been placed on not regulating unless it is necessary to
protect the public health and saftey.
The objective in Phase Two has been to streamline procedures and not
necessarily to change specific regulations. The UBP laws simplify the
regulation process because they do not require a person to be licensed each
year. Only in cases of a violation of the law do the City and the business
person come into contact, and that is in Municipal Court.
We propose involving the public and the City in as little red tape as possible
when it is important to regulate business activity. For this reason, I
strongly recommend using UBP laws. With the proposed ordinance, 60 percent of
the people who used to apply for business licenses will no longer have to do
so. And, most important, for those who continue to be regulated, the
procedures are greatly simplified.
Concerns From June 10 Public Hearinq
A. Private Security Aoency
A number of issues were raised on this topic. Of principal concern was the
need to continue to regulate both armed and unarmed Detective and Security
Agencies. The City shares this concern and thus retained the laws that were
in effect before the overhaul of Chapter 3; we wi 11 continue to 1 i cense
e agencies. The only major change staff has recommended is to combine the
current i aws foY' Merchant Po lice and Detective Agenci es, since they are
identical. Combining this tWO categories will end the confusion that
sometimes surrounded which ca~egory to place a person in and will make the
code more concise.
C,\..
d
Testimony indicated support for continuing to license armed and unarmed
detective and security officers. While we do not recommend licensing each
person, we do' recommend that each be required to carry identification and that
those carrying firearms be certified by the City as being capable of using .-
those fi rearms. 'WI'
I would also recommend that the City continue to perform background checks on
employees to determine whether a person has been convicted of an offense
involving harrassment, assault on another person, theft, or any sex-related
offense; if a felony within the preceding five years or a misdemeanor within
the preceding three years. The certification card would not be a license, nor
would it endorse the individual as an employee.
Another concern focused on the title of this business license. Several
individuals testified that security guards and merchant/home patroling are a
different business than private investigating. We agree that these
~rofessions may be different in the duties they perform, but the community
safety issues that concern us are the same for both professions. I would,
however, propose that the title of the business license be changed to clearly
articulate which professions we are regulating; thus the title should be
Detective or Security Agency.
There was an additional request for potential employees to have the
endorsement of individuals who have known them for at least five years and who
are willing to vouch and sign, under notary, for the applicant's honesty, good
character, and competency. The ordinance does not continue this practice
because: (1) it exposes the City to 1 i abil i ty if we certify the IIgood
characterll of a person,who later causes some harm or damage; and (2) we will no
longer license each individual. but only perform a background checK. If the
industry feels that personai endorsements are helpful, they could make that a e
requirement of application to individual businesses.-
Finally, there was a request that the private detective industry be allowed to
handle client problems themselves. As in the past, unless there is a
violation of federal, state, or local laws or rules, the industry will be
responsible for handling issues with their clients.
B. Social Gambling
The major issue raised at the public hearing focused on the definition of
"social games." The definition in the code says that games allowed are II . . .
poker or gin rummy when played by the rules prescribed by federal and state
law and by this chapter." However, the administrative rules governing social
gambling allow all games described in Hoyle's Modern Encyclopedia of Card
Games, except card games in which the deal does not pass, cannot be won, or
require a full-time banker. To prevent any misunderstanding about what is
allowed, I recommend changing the definition to read:
Social Games. All games described in Hoyle's Modern Encyclopedia of
Card Games (Dolphin Handbook No. C512) shall be allowed when played in
accordance with federal, state, and local laws, except any card game in
which the deal does not pass, which cannot be won, which requires a full-
time banker, or which is prohibited by federal or state law.
Addit i ona ily, the staff recommends that the background check requi red, for _-
owners and the designated person in charge be done by the City and that
individuals who meet the requirement.s of the code receive a certification
card. The certification card would not be a license, nor would it endorse the
individual as an employee. The card would only certify that the person
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" applying does not have a prior conviction for (1) violation of any federal,
state, or local gambling law or regulation; or (2) any felony involving theft,
fraud, racketeering. coercion, bribery, perjury, or obstructing justice in
e the preceding 10 years.
C. Tax; and Limousine Services
Taxi owners asked the City to continue to check the background of those
driving cabs. While those records are available to individuals through both
our Police Department and the State Justice Department, I would recommend that
the City do those background checks and provide a certification card to
individuals who meet the requirements of the UBP laws. Again, the
certification card would not be a license, nor would it endorse the individual
as an employee. The card would only certify that the person applying: (1) has
a valid Oregon chauffeur's license; and (2) does not have a prior conviction
for a crime or offense involving burglary, theft, narcotics, assualt, robbery,
kidnapping, homicide, harrassment, vice, or a major traffic crime except
driving while suspended, or a sex-related offense; if a felony within the
preceding five years, and if a misdemeanor, within the preceding 2 years.
A second questions was raised about the definition of a misdemeanor. A
misdemeanor is defined in state law as an offense punishable by a fine not to
exceed $2,500 and jail not to exceed one year. The proposed ordinance limits
the types of misdemeanors that would preclude employment as a taxi or
limousine driver to those involving burglary, theft, harrassment etc.
D. Used Merchandise Dealers
e The issue raised under this proposal concerned the inclusion of clothing in
the definition of used merchandise dealer. After reviewing this concern, I
propose deleting clothing as an article that ; s regulated by the used
merchandise dealers laws.
To address questions about who is considered to be in the used merchandise
business versus a person who buys and sells as a hobby, we have clarified the
definition of a dealer to mean anyone who is considered in business according
to Section 162 of the Internal Revenue Code. This change will permit
hobbyists to buy and sellon a weekly basis without coming under the the used
merchandise dealers laws.
E. Weapons
On th i s subject, questions were raised about a potential conflict between
federal laws and the proposed City laws. We have modified the language in our
proposal to prevent any confusion between the two sets of laws. Federal law
prohibits the sale of "firearms" to a minor, which is defined as anyone under
21 year of age. The City ordinance proposes limiting the sale of "dangerous
weapons" to anyone under 18 years of age. Dangerous weapons include firearms
as well as other types of weapons. which we specifically name in the proposed
law.
Another concern was the type of knives that were considered dangerous weapons.
I recommend that the ordinance be changed to specify that any knife wi th a
blade of five inches or greater. that also folds. be considered a dangerous
e weapon. This means that merchants selling kitchen cutlery would not. be
required to abide by the weapons laws. unless the knives are sharpened on both
edges. With this change. we also recommend that swords be added to the list of
dangerous weapons. since they are typically longer than five inches and dO not
fold.
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F. Wheel Chair Vehicles
We received testimony that drivers should have emergency medical training. .
The current proposal requires them to have a valid American Heart Association ..,
Cardiopulmonary Resuscitation card and to be certified as a nurse1s aide. We
do not recommend requiring certification as an Emergency Medical Technician,
which is a higher level of training. With wheel chair vehicles, the customer
desi res transportation servi ces, not medi ca 1 attention. Under these
circumstances, there does not appear to be a need for highly trained emergency
medical staff in the vehicle. Our proposed standards are similar to those in
most other cities. If a person needs medical attention when being
transported, the ordinance requires use of an ambulance or first aid vehicle,
which are much more regulated businesses.
Conversely, first aid vehicles are intended to provide transportation to
persons who need or may need limited medical attention as they are being
transported. First aid vehicles can be designed to carry passengers who
either sit on a standard seats or in a wheel chair. Thus, first aid vehicles
are more closely associated with ambulances, and wheel chair vehicles are more
closely associated with transport services.
G. False Alarms
The implementation of the 911 system, as well as the stretched resources of
the police and fire field crews, necessitates changes in our laws governing
alarms systems. The key changes would address the issue of responsibility for
false alarms and establish penalities when more than one false alarm is
reported to withi n a 60 day peri od. .
It is a' fact of life in nearly every city, i ncl udi ng Eugene, that a hi gh
percentage of alarms are false. During the first five months of 1985, the
Police Department has responded to an average of 235 false alarms each month,
thus reducing officer availability for high priority calls. Over 90 percent
of the intrusion alarms responded to by the police officers are false; the
false alarm rate for the Fire Department is about 20 percent. By following
the example of several cities who charge for false alarms, we believe we can
decrease false alarms by at least 30 percent each month or 855 fewer false
alarms each year. This becomes extremely critical for Eugene, where patrol
officers are limited (two entire patrol teams were eliminated in the 1982-84
budget cutbacks), and we are constantly concerned about the response time to
high priority (life-threatening) emergencies. The introduction of false
alarm penalties comes with my strongest possible recommendation.
Action Requested
As part of the on-going effort to revise and streamline City regulations, I
recommend that you approve the staff recommendations to Chapter 3 of the
Eugene Code, 1971. I have proposed a number of changes to the ordinance you
considered on June 10 to accommodate different industry groups. I believe the
overall product will be very acceptable to the community while accomplishing
your goal of major simplification of business regulations.
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M E M 0 R A 0 U M
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To: Mayor and City Councilors Date: June 6, 1985
SUbject: Repeal of Unconstitutional Municipal Ordinances
The following City Ordinances are not being enforced because
of constitutional defects in the language of the ordinances. It
is necessary to formally repeal these ordinances to avoid poten-
tial liability resulting from an officer mistakenly arresting
someone upon one of the charges, and to eliminate the expectation
by the community that the ordinances should be enforced.
1. Prohibited Weapons. Section 4.890. The Oregon Supreme
Court has ruled that possession of a billy club in one's home or
e automobile is constitutionally protected. State v. Kessler, 289
Or 359 (1980) ; State v. Blocker, 291 Or 255 (1981) . Moreover,
the city ordinance itself was found unconstitutional by Judge
Gordon Cottrell in the case of citv of Euaene v. Paqe, Lane
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County Circuit Court Case No. 10-81-05332 (1981) . This ordinance
has not been enforced for some time and formal repeal is
necessary.
2. Begging. Section 4.720. The begging ordinance has also
not been enforced for some time since it impermissibly restricts
an individual's freedom of speech. Current efforts are under way
to draft a constitutionally acceptable ordinance regulating this
type of conduct.
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3. Loitering, Section 4.690, and Loitering Near Schools,
Section 4.695. These two ordinances need to be repealed because '.
they are vague and subject to overbreadth challenges. State v.
Debnam, 23 Or App 433 (1975) . In short, they lack necessary
constitutional standard~ for their application. They have not
been enforced in the City of Eugene for over two years.
4. Offenses Involvinq Vehicles, Section 4.955. This sec-
tion needs to be repealed because it purports to adopt four sec-
tions of the Oregon Revised Statutes and make the violation of
those statutes city offenses. Three of the four listed state
statutes have been repealed by the state legislature.
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Consequently, without the corresonding state statute in
9"' ex i's tence , the city's reliance on those statutes is now
misplacedn The conduct prohibited by the one state statute which --
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is still in effect, Depositing Burning Materials on Public
Property, can be retained through a later adoption of that state
statute, or a new ordinance setting forth the prohibition.
Please do not hesitate to inquire if you have any questions
or if we can be of any assistance.
HARRANG, SWANSON, LONG & WATKINSON, P.C.
CITY ATTORNEYS
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By: \LL~~ fr . ~i
Daniel J. B~kovic
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M E M 0 RAN 0 U M
,_- July 5, 1985
TO: City Council
FROM: Elizabeth Cherry, Intergovernmental Relations
RE: Maoleton Ranger District Timber Sale Injunction
Backaround
In April 1984, US District Court Judge Gus Solomon enjoined new timber
sales in the Mapleton Ranger District of the Siuslaw National Forest
because the National Forest Service failed to address certain requirements
of the National Environmental Protection Act (NEPA) in its seven-year timber
sale plan. The Forest Service initially planned to appeal that decision
on both factual and legal grounds, but has since withdrawn its appeal from
the liberal Ninth Circuit Court of Appeals. Compliance with NEPA will
require approximately two to three years worth of additional analysis.
Judge Solomon has made it known that if the parties to the suit agree on a
compromise which would allow some timber sales in the district without
environmental degradation, that he will partially lift the injunction.
The timber industry in the area has worked hard to develop such a
. compromise without success, as the plaintiffs insist on more control over
the terms of timber sales than the Forest Service is willing to yield.
Harvesting of old (pre-injunction) sales have been allowed but those
sales are being exhausted. Without new sales, the industry and
local government estimate that up to 2.000 jobs could be lost and Lane
County could lose up to $4 million annually in school and road revenues.
Barring a lengthy appeal process or unlikely compromise between the
parties, the only apparent solution is Congressional action.
Position Statement
Senator Hatfield is asking for support for an appropriations rider
which would allow the Forest Service to resell contracts returned under
last yearls federal buy-back program without violating the injunction.
Under this plan, 245 million board feet could be harves~ed over 2 years.
The Senate has passed the bill and the House will consider it after
the July 4th recess. At Councilor Schue1s request, staff has prepared
the attached position statement ror Council IS consideration.
attachment
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POSITION STATEMENT
THE CITY COUNCIL OF EUGENE FINDS THAT:
The federal court injunction imposed on timber sales in the Mapleton
Ranger District of the Siuslaw National Forest has adversely affected the
local economy and will continue to cause a hardship to the depressed
timber industry, and that
Attempts to develop a compromise satisfactory to the affected
parties have failed, and that
An interim solution which will a1low some harvesting of timber in the
Mapleton Ranger District without environmental degradation is critical.
THE CITY COUNCIL OF EUGENE states its vigorous support of federal
legislation which would authorize the U.S. Forest Service to make sales
of timber tracts returned to the federal government under the 1984
timber contract relief program.
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M E M 0 RAN DUM
- July 5, 1985
TO: Mayor and City Council
FROM: Mike Gleason, City Manager
SUBJECT: FINANCING AIRPORT TERMINAL DESIGN
At your June 3 work session on the Eugene Agenda, Councilors Hansen and Rutan
suggested that work on the airport terminal design continue during the period
that Council is seeking a capital financing source (July -- November, 1985).
Completion of the design work will ensure that the project can go to bid
within six months of assured financing, the cost estimates continue to be
valid and the expenditures to date on the design are not lost due to
design/cost obsolescence. Staff was asked to prepare an analysis of the cost
to continue the design work and to propose a financing plan.
Based on a workp1an prepared by the project team, $610,000 is reauired to
complete the design development plan. The breakdown is as follows:
Architectural fees and reimbursable expenses $445,700
Value engineering and architectura1/
engineering coordinator 20,000
e Landside engineering 120,000
Landscape architecture 20,000
Administrative costs 4,300
TOTAL $610,000
The FAA has indicated it will commit $107,000 toward this effort, leaving a
balance of $503,000 to be financed. Please note that the $610,000 will take
the project to the end of the design phase ( a four-month effort) and that an
additional $500,000-$600,000 will be reauired to complete the bid contracting
documents. However, if financing for the project is obtained, the $17.1
million project cost includes the design/bid document preparation cost; and,
thus, the expenditures for the design and bid documents can be repaid from the
proceeds of the long-term financing.
The Airport Fund does not have unobligated funds to finance the design nor are
there other unobligated or unreserved sources of funds available. However, we
do have Internal Service Funds with replacement reserves that can support an
interfund loan to the Airport Fund. We are proposing an interfund loan from
the Fleet Fund, using fleet replacement reserves as the source of funds.
Fleet replacement reserves are dedicated to future replacement of vehicles and
communications eauipment and are not currently reauired for expenditure. The
interfund loan will be repaid as follows:
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FINANCING AIRPORT TERMINAL DESIGN
July 5, 1985 -
Page 2
1. Assuming successful implementation of a capital revenue source and
issuance of long-term debt, proceeds of the debt will repay the
interfund loan.
2. If implementation of a capital revenue source is not successful, the
Airport Fund will repay the interfund loan from its user fee revenue
over a five-to-seven year period. Long-term projections of airport
activity indicate continued growth in revenue; and, the marginal revenue
would be dedicated toward repayment of the loan. Please note that the
interfund loan must be repayed, since the funds are pledged for
replacement of vehicles as they become obsolete.
As additional security for repayment of the loan, we may want to hold a
portion of the final federal revenue sharing entitlement--assuming Congress
continues that program for one additional year--to support the FY86 Capital
budget you recently approved in an amount equivalent to the interfund loan.
According to budget law (ORS 294.460(1)), interfund loans must be repaid in
the year subseauent to the loan or reissued. This issue will be looked at by
the Budget Committee after final action on the FY86 federal budget.
If this proposal is acceptable, the attached resolution will transact the ,e
interfund loan from the Fleet Fund to the Airport Fund in the amount of
$503,000.
DW :cj /1268a
cc: Budget Committee
.Attachment -- 1
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RESOLUTION NO
. A RESOLUTION AUTHORIZING A LOAN FROM THE
FLEET SERVICES FUND TO THE AIRPORT FUND
THE CITY COUNCIL OF THE CITY OF EUGENE FINDS THAT:
In order to comolete the Airport Terminal design work while seeking a
capital financing source, it is necessary to provide interim financing from
another fund. Completion of the design work will ensure that the project
can go to bid within six months of assured financing. This will insure that
the cost estimates continue to be valid and the expenditures-to-date on
the design are not lost due to design/cost obsolescence. The Fleet Services
Fund will loan the Airpor~ Fund 5503,000 to cover the costs mentioned above.
The Airport Fund will repay the loan at the end of the ensuing fiscal year
from revenues generated by the implementation of a capital revenue source
and issuance of long-term debt.
ORS 294.460(1) allows the City II. ..to loan money from any fund to any
other fund of the municipal corporation whenever the loan is authorized
by official resolution or ordinance of the governing body... 11
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a municipal
e corporation of the State of Oregon, as follows:
Based on the findings contained herein, and pursuant to ORS 294.460(1),
the Finance Director is authorized and directed to tran,sfer appropriations
of 5503,000 from the Fleet Services Fund to the Airport Fund.,
The foregoing Resolution adopted this 8th day of July 1985.
City Recoraer
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e M E M 0 RAN DUM
July 8, 1985
TO: Mayor and City Council
FROM: Planning Department
SUBJECT: PUBLIC HEARING-- DRAFT RIVERFRONT PARK STUDY
On July 8th, the mayor and council will hold its public hearing on the Draft
Riverfront Park Study. This will be preceded by a tour of the study area and a
work session with the Planning Commission to go over their recommendations on
the draft. At their meetings of June 24th and July 1st, the Planning
Commission voted unanimously to forward its recommendations to the council for
its consideration.
As background information for your public hearing, the following information
has been distributed to you under separate cover:
1. A July 8th memorandum outlining the Planning Commission's
recommendations on the draft, including: adoption of the study with
e modifications; Commission positions on other issues identified during
their hearing process; initiation of an amendment to the Metropolitan
Plan; and initiation of the plan amendment process prior to completion of
the mid-period review:
2. A packet containing: minutes and staff notes of the Planning
Commission's public hearing and subsequen~ meetings on the study; copies
of all written testimony submitted to the Commission on the study; and
additional background material prepared by the Eugene Development
Department regarding implementation of the Riverfront Park Study.
Staff recommends council action on the draft Riverfront Park Study at the July
17th counci 1 meeting. This will allow time for council consideration of the
Planning Commission1s recommendations and issues raised at the July 8th public
hearing. On July 17th, council will decide whether to proceed with conceotual
approval of the Riverfront Park Study and initiation of an amendment to the
Metropolitan Plan. A set of draft findings addressing the consistency of the
Riverfront Park Study and the proposed plan amendmen~ with the Statewide Goals
will be prepared for the July 17th meeting.
If the decision is to proceed, the Draft Riverfront Park Study wi 11 be
referred to Lane Coun~y and Springfield for public hearings on the plan
amendment later in July. Under this time frame. council adoPtion of the
Metropolitan Plan amendment and final approval oT the Riverfront Park Study
would take place in mid-Augus~ or early SePtember.
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M E M 0 RAN DUM
July 3, 1985 e.
TO: Ci ty Council
FROM: Planning and Parks and Recreation Departments
SUBJECT: CULTURE AND LEISURE PLAN
Attached are the Revisions and Errata to the Culture and Leisure Plan
forwarded by the Council Subcommittee formed June 24. The Subcommittee
recommends adoption of the plan with the attached revisions. The section
on the city's role in plan implementation, pages 111-3 through 111-5, has
'been excluded. The Subcommittee will continue to pursue a structure for
plan implementation.
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