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HomeMy WebLinkAbout12/10/1990 Meeting --- -- . M I NUT E S Eugene City Council Council Chamber--Eugene City Hall December 10, 1990 7:30 p.m. COUNCILORS PRESENT: Emily Schue, Ruth Bascom, Shawn Boles, Debra Ehrman, Bobby Green, Paul Nicholson, Roger Rutan, Kaye Robinette. The regular meeting of December 10, 1990, of the Eugene City Council was called to order by Councilor Emily Schue. I. PUBLIC FORUM Paul Scott, 148 E 38th Street, speaking on behalf of the American Lung Asso- ciation, responded to the City's recent decision not to implement a tobacco industry licensing program. He spoke about the health hazards associated with tobacco usage and said that it is the role of local government to pro- vide guidance to minors about the use of drugs in our society. He urged the council to act immediately to either 1) restrict tobacco vending machines to e locations where minors are not allowed or require public machines to be oper- able with tokens only or 2) to implement a mandatory licensing program for the tobacco industry, the cost of which should be passed on to the consumer. Tom Melia, 3395 Kincaid Street, and Cathy Maedl, 2510 Tyler Street, spoke jointly about the City's recent decision to discontinue contracting for cus- todial services with the Supervised Work Experience and Employment Program (SWEEP), a vocational branch of laurel Hill Center which provides employment opportunities for people with psychiatric disabilities. Mr. Melia indicated that the bidding process which was used to determine the cost effectiveness of private versus in-house custodial services was unfair because the bid specifications on which SWEEP was asked to bid were different from those which were used to make the ultimate decision. Ms. Maedl spoke about the social impacts that this decision would have on the City's commitment to employ people with disabilities. They urged the City to review the bid anal- ysis again before making a final decision. II. CONSENT CALENDAR A. Approval of City Council Lunch Work Session Minutes of September 12, 1990; Dinner Work Session Minutes of September 17, 1990; and Financial Planning Work Session Minutes of October 1, 1990 - MINUTES--Eugene City Council December 10, 1990 Page 1 e B. Segregation of Assessment for Property Located on the North Side of Willakenzie Road, East of Bogart Lane C. Segregation of Assessment for Property Located South of Roosevelt Boulevard, West of Seneca Road D. Approval of Findings, Minutes, and Recommendations of Hearing Official and Adoption of Resolution Forming a Local Improvement District for Construction of a Sound Barrier Wall Along the South Side of Beltline Road, from Norwood Street to Gilham Road (Job #2433) cJ Res. No. 4214--A resolution forming a local improvement dis- trict for construction of a sound barrier wall along the south side of Beltline Road, from Norwood Street to Gilham Road (Job #2433). Mr. Rutan moved, seconded by Ms. Ehrman, to approve the items on the City Council consent calendar. Roll call vote; the motion carried unanimously, 8:0. III. PUBLIC HEARING: METRO LICENSING SYSTEM FOR PUBLIC-PASSENGER VEHICLES City Manager Mike Gleason introduced the topic. Greta Utecht, Planning and Development Department, gave the staff report. She said that staff from e Eugene and Springfield have been working jointly on a proposal for a metro- wide regulation system for public passenger vehicles, including taxicabs, limousines, airport shuttles, and horse-drawn vehicles. Under the proposal, companies would require a business license, vehicles would require a permit, and drivers would require certification. The proposal has been crafted in response to concerns that some companies may be operating without adequate insurance, placing customers at risk; and to issues around vehicle safety, driving practices, and rates charged to passengers. Ms. Utecht noted that during work sessions on the proposal, concerns have been raised regarding the proposed limitation on the number of licenses is- sued and the projected costs of the new regulations to the operators. She said this limit would be established initially by the number of businesses that apply and are approved for licensing during the first sixty days of program implementation. Staff recommends this provision in order to stabi- lize the industry, maintain more control over administration and enforcement costs, and provide safer conditions for customers. Ms. Utecht said that two forums with industry members have been held on this issue. Most of the concerns raised have centered around the proposed fees, new insurance requirements, and required vehicle inspections. Proposed fees for vehicles and businesses are set at 100 percent of the costs for issuance and administration; proposed fees for drivers are set at 58 percent of the cost. Ms. Utecht noted that the driver certification fees listed in the fee schedule in the agenda packet are for the first year only--renewal fees would e MINUTES--Eugene City Council December 10, 1990 Page 2 - - --- e be substantially lower. Licensing procedures and fees would be established by Administrative Rule after ordinance adoption. An additional opportunity for public comment would be allowed at that time. In response to a question from Ms. Bascom, Ms. Utecht commented that it is difficult to establish criteria for rate setting without some previous expe- rience with the system. For this reason, the ordinance provides authority for rates to be established through Administrative Rule at some point in the future if the City determines rates are necessary. Responding to another question from Ms. Bascom, Ms. Utecht said that the proposed licensing procedures have been successfully used in other cities. If at some time in the future there is not an adequate number of companies to handle community demand, the ordinance allows for additional licenses with a "Public Convenience and Necessity" provision. Mr. Boles noted that as with other overhead expenses, increased driver certi- fication costs would likely be passed on to the consumer and asked for staff's rationale behind the recommendation not to set driver certification fees at 100 percent of the cost. In response, Ms. Utecht indicated the only way to pass the cost of driver certification on to the customer would be to have companies, rather than individual drivers pay the certification fees. She said that because of the transient nature of employment in this business, companies would not likely be willing to pay these costs and the industry has expressed concern that cost burden would be too great for drivers to bear alone. e Mr. Nicholson asked what public benefit is gained by restricting competition in the public passenger industry by placing a cap on the number of vehicles. In response, Ms. Utecht explained that as the degree of competition rises in an industry of this nature, the quality of service often declines. Staff was concerned that companies in this position might employ dangerous cost-cutting strategies such as skimping on vehicle inspections. Clearly such practices endanger public safety. Mr. Gleason said in his experience with the taxi industry business, controlled market entry has been beneficial in limiting such problems. Ms. Ehrman noted that staffing costs would likely increase with this regula- tion system and asked whether these increased costs have been accounted for in the rate determination. In response, Ms. Utecht said that monitoring costs have been included, enforcement costs have not. Responding to another question from Ms. Ehrman, Ms. Utecht said that it is difficult to tell how many companies will be licensed in the city because of the number of sole proprietorships which currently exist. She estimated that the number might total five or six companies. At the time of industry dereg- ulation five years ago, three companies were operating in Eugene. Mr. Green asked whether operators of horse-drawn vehicles would be required to demonstrate that they are able to handle their animals safely in order to have a permit. In response, Ms. Utecht said that only one such company oper- e MINUTES--Eugene City Council December 10, 1990 Page 3 ------- e ates in Eugene presently, and it provides training and instruction in car- riage driving and would establish the standard for any other company. She noted that the City has not had any problems with this company so far. Responding to a question from Mr. Boles, Ms. Utecht said that the number of drivers who seek certification annually differs markedly between Eugene and Springfield. She estimated that seventy-five drivers would operate in Eu- gene. Councilor Schue opened the public hearing. Douglas Fabish, 4437 Ryan Avenue, testified against the proposed regulation system. He noted that the proposed licensing cap has not been mentioned in any of the public forums and said that the effect of increasing fees in the industry under the proposed levels would be a proliferation of dishonest, "gippo" cab operators that operate illegally to avoid regulation. He also voiced concern that the proposed ordinance does not allow for an appeal be- yond the level of the City Manager. Steve Berger, 2682 Madison, spoke as a taxi driver in favor of the proposal. He felt that regulation is a good way to stop the proliferation of "gippo" cabs, but agreed that efforts should be made to keep the cost of regulation manageable for taxi drivers. He also indicated that further study should be conducted regarding the proposed insurance levels. Ed Spinney, 1381 Pearl Street, testified on behalf of Johnny Miller, a long- e time Eugene resident and owner of Yellow Cab Taxi. Mr. Spinney concurred with the transient nature of the taxi business, noting the turnover of 180-200 drivers per year in Mr. Spinney's company. He testified to the inci- dence of price gouging in Eugene and said that Mr. Miller is in favor of industry regulation. Mr. Spinney indicated that Mr. Miller has raised con- cerns with several of the proposed regulations, such as the requirement of placing the names of all drivers on the back of each cab and has suggested that all ordinance appeals be subject to review by the City Council. Randy Prince, PO Box 927, Eugene, spoke about the role that the taxi industry plays as an alternative mode of transportation and urged the council to give this careful consideration when determining the level of fees which would be established within the ordinance. There being no further requests to speak, Councilor Schue closed the public hearing. Responding to Mr. Berger's testimony, Ms. Utecht said that the level of in- surance proposed in the ordinance is set at the State tort level and consti- tutes that amount for which the City could legally be held liable. In response to concerns raised on behalf of Mr. Miller, Ms. Utecht said that the City is willing to work with the industry on issues of concern and would not likely institute unreasonable regulations that would cause undue hardship to the industry. e MINUTES--Eugene City Council December 10, 1990 Page 4 e Responding to concerns raised by Mr. Fabish, Ms. Utecht said that as with all license appeals, the City's Hearings Official would be the ultimate appeal body. Ms. Bascom noted that the level of insurance presently required by Spring- field is substantially lower that that being proposed by Eugene and asked for justification. Ms. Utecht responded that Springfield highly supports Eu- gene's decision to require insurance at the State tort level and is consider- ing a similar adjustment for its own ordinance. CB 4269--An ordinance concerning public-passenger vehicles; amending Sections 3.005, 5.010, and 5.040 of the Eugene Code, 1971; amending and renumbering Section 3.878 of that code; repealing Sections 3.789 and 3.880 of that code; and providing an effective date. Mr. Rutan moved, seconded by Ms. Ehrman, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Mr. Nicholson moved, seconded by Ms. Ehrman, to amend the motion to remove Sections 7 and 8 from the ordinance proposed for adoption. The amendment failed, 2:6; with councilors Nicholson and Ehrman voting in favor, and councilors Schue, e Bascom, Boles, Robinette, Rutan, and Green voting against. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4269 was read the second time by number only. Mr. Rutan moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; the motion carrying 7:0:1, with Councilors Rutan, Ehrman, Green, Robinette, Bascom, Schue, and Boles voting in favor; and Coun- cilor Nicholson abstaining, the bill was declared passed (and became Ordinance 19737). IV. ORDINANCE CONCERNING JURISDICTIONAL TRANSFER OF THE CHAMBERS STREET CONNECTOR City Manager Mike Gleason introduced the topic. Les Lyle, Public Works De- partment, gave the staff report. He said that the City of Eugene and Lane County have entered into an Urban Transition Agreement for the Chambers Street Connector. A condition of the agreement is that the City enact legis- lation necessary to transfer jurisdiction of the Chambers Street Connector. Maintenance responsibility has been accepted by the City for the Chambers Street Connector. Staff recommends passage of the ordinance. e MINUTES--Eugene City Council December 10, 1990 Page 5 ---- e Responding to a question from Ms. Bascom, Mr. Lyle said that part of the City's agreement with Lane County is the provision of adequate street- lighting. Funds were provided to offset the costs of streetlight installa- tion. Mr. Green asked whether calculations of the annual maintenance costs of this facility were included as a part of the transfer agreement. Mr. Lyle said maintenance funds were not specifically identified by facility but were pro- vided for in the agreement. He agreed to provide a report back to the coun- cil on this issue. Mr. Boles asked Mr. Lyle what actions have been taken to address community concerns that this road is unsafe for bicycle transportation. In response, Mr. Lyle said that he was unaware of the existence of a safety problem on this road, but agreed to raise this issue with the Transportation Division and have them report back to the council. CB 4270--An ordinance requesting that jurisdiction over the Chambers Street Connector, a Lane County Road, be transferred to the City of Eugene; and declaring an emergency. Mr. Rutan moved, seconded by Ms. Ehrman, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, e 8:0. Council Bill 4270 was read the second time by number only. Mr. Rutan moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; the motion carrying unanimously, 8:0, the bill was declared passed (and became Ordinance 19738). V. ORDINANCE CONCERNING STATE SEAT BELT LAW City Manager Mike Gleason introduced the topic. Captain Dick Loveall, De- partment of Public Safety, reported on this issue. He noted that a mandatory seat belt law was approved by Oregon voters on November 7, 1990. Under the current City ordinance, all State traffic laws are enforceable by Eugene police and under the jurisdiction of the Eugene Municipal Court. However, all new State traffic code changes must be amended into the City's current ordinance before the enforcement can be placed under the jurisdiction of the Eugene police and municipal court. Responding to a question from Ms. Ehrman, Captain Loveall said that because a majority of Oregon voters passed this ordinance, the department is hoping to have a high degree of voluntary compliance. He acknowledged that this law e MINUTES--Eugene City Council December 10, 1990 Page 6 - will be somewhat difficult to enforce and for this reason, the department will not actively seek enforcement. CB 4271--An ordinance concerning traffic regulations; amending Section 5.005 of the Eugene Code, 1971; and declaring an emergency. Mr. Rutan moved, seconded by Ms. Ehrman, that the bill, with unanimous consent of the council, be read the second time by number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 4271 was read the second time by bill number only. Mr. Rutan moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; the motion carrying unanimously, 8:0, the bill was declared passed (and became Ordinance 19739). VI. RESOLUTION APPROVING AND ADOPTING A LANDBANKING POLICY FOR HOUSING--1990 VII. RESOLUTION RENAMING THE lANDBANKING TRUST FUND AND REPEALING RESOLUTION NO. 3743 e City Manager Mike Gleason introduced the topic. Linda Dawson, Planning and Development Department, gave the staff report. She stated that when the City of Eugene Landbank Program was first established ten years ago, its purpose was to have a supply of vacant land available to support the development of public-purpose housing. She noted that land is a vital element for new hous- ing and is the critical first step in a project. The availability of land in public ownership was the catalyst for the Uhlhorn Apartments, the 38 units currently under construction by the Housing Authority, the St. Vincent de Paul duplex, and the soon-to-be-constructed laurel Grove Apartments. Ms. Dawson said that the Planning Commission and the City Council Social Goals Committee have recently reviewed the landbank Program and have recom- mended making a few changes to the adopted policy which governs the program. Among the proposed changes are minor language revisions and other changes intended to provide clarity to the method of selecting projects for the sites. None of the changes significantly alters the intent of the program. The council is being asked to ratify and adopt these changes. Ms. Dawson said that in 1983, a Landbanking Trust Fund was established to be used solely for acquisition of property for public-purpose housing. The Social Goals Committee has reviewed the language in the resolution and recom- mends that the potential uses for the fund be broadened. The Social Goals Committee agrees that the amendment to Resolution 3743 should include wording that makes clear that the fund can be used only for expenses for any low-in- come, housing-related activity that relates directly to the provision of - MINUTES--Eugene City Council December 10, 1990 Page 7 e permanent low-income housing. Ms. Dawson said that Resolution 4216 adds the appropriate language and changes the name from Landbanking Trust Fund to Low-Income Housing Trust Fund. As of October 1990, the fund has a balance of $127,000. Of this, $75,000 has been allocated to the new intergovernmental Housing Policy Board; $31,000 of these funds were recently received from the sale of the site for the Laurel Grove Apartments. Responding to a question from Mr. Nicholson, Ms. Dawson said that the poten- tial uses of the trust fund have been broadened by allowing its use for any low-income housing project relating directly to the provision of permanent, low-income housing. Ms. Ehrman asked whether the language which allows for a broadening of the potential trust fund uses would include funding for additional staff resourc- es. Mr. Gleason indicated that the list of potential uses is intended for capital expenses only and could not be used for staffing resources. Ms. Bascom noted that the new intergovernmental Housing Policy Board has been allocated $75,000 of the trust fund moneys and asked the council to provide suggestions for priority housing projects. Ms. Ehrman noted that the fund money for the intergovernmental Housing Policy Board was awarded from Eugene and asked about the contribution that other governmental agencies would likely be making in the effort toward the provi- sion of low-income housing. In response, Ms. Bascom said that she is unsure of the monetary contributions that will be made by other jurisdictions, but e indicated that the presence of Eugene's commitment to this effort through the trust fund would likely induce support from other jurisdictions. Res. No. 4215--A resolution approving and adopting a landbanking policy for housing--1990. Res. No. 4216--A resolution renaming the Landbanking Trust Fund and repealing Resolution No. 3743. Mr. Rutan moved, seconded by Ms. Ehrman, to adopt the resolu- tions. Roll call vote; the motion carried unanimously, 8:0. VIII. APPOINTMENTS: MAYOR MILLER'S NOMINATION TO THE AIRPORT COMMISSION, CITIZEN INVOLVEMENT COMMITTEE, COMMUNITY DEVELOPMENT COMMITTEE, CON- STRUCTION CODE BOARD OF APPEALS, EUGENE CULTURAL AFFAIRS COMMISSION, HISTORIC REVIEW BOARD, JOINT PARKS COMMITTEE, LIBRARY BOARD OF TRUST- EES, LOAN ADVISORY COMMITTEE, RIVERFRONT RESEARCH PARK, SOLID WASTE AND RECYCLING BOARD, AND TREE COMMISSION City Manager Mike Gleason introduced the topic and indicated that the list of Mayor Miller's nominations to the various boards and commissions is included in the council's agenda packet. e MINUTES--Eugene City Council December 10, 1990 Page 8 e Mr. Rutan moved, seconded by Ms. Ehrman, to appoint the May- or's nominations to various City boards and commissions with the exception of the new appointment to the Tree Commission. Roll call vote; the motion carried unanimously, 8:0. IX. APPOINTMENTS: NOTIFICATION OF MAYOR MILLER'S APPOINTMENTS TO THE BICYCLE COMMITTEE, EUGENE CELEBRATION STEERING COMMITTEE, PUBLIC SAFETY ADVISORY COMMITTEE, AND SISTER CITY COMMITTEE City Manager Mike Gleason introduced the topic and said that a list of Mayor Miller's appointments to the various committees is included in the agenda packet. The meeting adjourned at 9 p.m. Respectfully submitted, ~/~.~~ Micheal Gleason City Manager (Recorded by Traci Northman) e mncc 121090-730 e MINUTES--Eugene City Council December 10, 1990 Page 9