Loading...
HomeMy WebLinkAbout04/27/1992 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall April 27, 1992 7:30 p.m. COUNCILORS PRESENT: Bobby Green, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette. COUNCILORS ABSENT: Shawn Boles, Roger Rutan. The adjourned meeting of April 23, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. CONSENT CALENDAR A. Approval of City Council Minutes of January 27 and January 28, 1992, Dinner Work Sessions; January 29, 1992, Lunch Work Session; February 4, February 10, February 17, 1992, Dinner Work Sessions; February 19, 1992, Lunch Work Session; and March 2, 1992, Meeting B. Approval of Findings and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Paving, Sidewalks, Sanitary Sewer, and Storm Drain within 8th Addition to Panorama View Plat (Extension of Suncrest Drive) (Job No. 2485) Res. No. 4315--A resolution forming a local improvement dis- trict for paving, sidewalks, sanitary sewer, and storm drain within 8th Addition to Panorama View Plat (extension of Suncrest Drive). Mr. Green moved, seconded by Ms. Ehrman, to approve the items on the City Council consent calendar. Roll call vote; the motion passed unanimously, 6:0. II. PUBLIC HEARING: SOLID WASTE AND RECYCLING ORDINANCE REVISIONS City Manager Mike Gleason introduced the topic. Greta Utecht, Planning and Development Department, presented the staff report. There are two ordinances concerning solid waste and recycling being considered. The first ordinance would amend Section 3.272 of the Eugene Code and bring the City into compli- ance with the 1991 Oregon Recycling Act. This ordinance would formalize several recycling collection practices already being undertaken by the city's MINUTES--Eugene City Council 7:30 p.m. April 27, 1992 Page 1 e e e solid waste haulers. Currently, solid waste business license terms run from January 1 through December 31. The second ordinance would change the dates to July 1 through June 30. This is in conjunction with changes to the annual license fee structure from one based on a flat fee per business/vehicle to one based on a percentage of gross receipts. These fee changes are set forth in the proposed administrative orders included in the council packets. Both of the proposed ordinances have been reviewed by the Solid Waste and Recy- cling Board (SWRB) and local haulers, and are recommended for adoption. Responding to a question from Ms. Ehrman, Ms. Utecht said a draft report on recycling yard debris will be presented to the Metropolitan Policy Committee (MPC) soon. Responding to a question from Ms. Bascom, Ms. Utecht said that as required by new State legislation, Oregon government agencies are required to purchase products made with recyclable materials (i.e., paper). Mayor Miller opened the public hearing. Jason Lovewell, Countryside Disposal, testified in support of the proposed ordinances. He felt that the proposed ordinances would provide a more fair way of doing business. There being no other requests to speak, the public hearing was closed. CB 4376--An ordinance concerning recycling collection and amending Section 3.272 of the Eugene Code, 1971. Mr. Green 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 passed unanimously, 6:0. Council Bill 4376 was read the second time by number only. Mr. Green moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed and became Ordinance No. 19843. CB 4377--An ordinance concerning license terms for solid waste collectors and amending Section 3.265 of the Eugene Code, 1971. Mr. Green 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 passed unanimously, 6:0. MINUTES--Eugene City Council 7:30 p.m. Apri 1 27, 1992 Page 2 e e e Council Bill 4377 was read the second time by number only. Mr. Green moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed and became Ordinance No. 19844. III. PUBLIC HEARING: PUBLIC PASSENGER VEHICLE ORDINANCE REVISIONS City Manager Mike Gleason introduced the topic. Greta Utecht, Planning and Development Department, presented the staff report. Since the council's April 13 work session on this item, staff held information sessions with the public passenger vehicle operators (i.e., taxi, limousine, and wheelchair vehicle). Comments regarding the proposed changes have been generally favor- able. Taxi operators have requested that the definition of "charter" in the proposed ordinance be amended to read that the word "five" be replaced with the word "seven" in the following phrase of that definition: "... group of five or more persons. .." Staff recommends that the ordinance be amended as requested, as it would make City regulations more consistent with State PUC regulations. Two of the five companies licensed to provide limousine service in Eugene attended the information session. One of the companies strongly feels that regulation of the limousine service industry is not nec- essary and should be repealed because limousine companies do not pose the same dangers as other public passenger companies. Police and business li- cense staff disagree, but staff will recommend that lower renewal fees be adopted that recognize compliance with the regulations as set forth in the proposed ordinance. Wheelchair vehicle operators, previously exempt from regulation, have been included primarily because of Federal legislation set forth in the Americans with Disabilities Act (ADA). Under the proposed ordi- nance, wheelchair vehicle operators would no longer be required to have CPR or Certified Nurses Aid (CNA) certifications. In response to concern, staff will explore further regulations for medical transportation services of per- sons needing non-emergency care as soon as possible. Mayor Miller opened the public hearing. Johnnie Miller, representing Yellow Cab, testified in support of the proposed ordinance. Terry Parker, 1390 Bailey Avenue, Lane Council of Governments (L-COG), pro- vided a brief summary of the ADA and how it affects the City's current regu- lations. Brian Knowles, 1133 Olive Street, testified in support of the proposed ordi- nance. Micki Kaplan, PO Box 7070, introduced herself as a planner for Lane Transit District (LTD) and said LTD fully supports the proposed ordinance. She added that LTD supports the proposed changes exempting public agencies and elimi- MINUTES--Eugene City Council 7:30 p.m. April 27, 1992 Page 3 e nating the requirement that wheelchair vehicle operators have CNA certifica- tions. Evelyn Walter, 4465 Fox Hollow Road, co-owner of Handicabs Medical Transfer Service, provided a brief history of wheelchair transportation service in the Eugene-Springfield area since 1981. She said 98 percent of medical transpor- tation service involves wheelchair transport to a specially equipped, con- verted van going to or coming from a medical facility and emphasized that such care has no room for error. She added that medical transportation ser- vices provide a less-expensive option to being transported by ambulance. Lynn Walter, 4465 Fox Hollow Road, co-owner of Handicabs Medical Transfer Service, said the wheelchair transportation service industry has virtually been deregulated in order to meet ADA regulations. He felt that deregulation seriously endangered medical transportation service providers because their level of service would not be able to compete with minimal service providers. He suggested allowing input from the medical transfer service providers, hospital personnel, and the medical community in drafting new regulations. He also suggested defining levels of service to ensure that adequate levels of service are provided. e There being no other requests to speak, the public hearing was closed. Ms. Utecht said staff will work with the wheelchair service providers on drafting regulations for medical transportation service providers. CB 4378--An ordinance concerning public passenger vehicles; amending Sections 3.005, 3.025, 3.402, and 3/345 of the Eugene Code, 1971; repealing Sections 3.894 and 3.896 of that code; and declaring an emergency. Mr. Green 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. Green moved, seconded by Ms. Ehrman, to amend Section 3.005 of the bill defining "Charter" so that the word "seven" replaces the word "five" in the following phrase of that defi- nition:" a group of five or more persons. . ." Roll call vote; the motion passed unanimously, 6:0. Roll call vote; the main motion as amended passed unanimously, 6:0. Council Bill 4378 was read the second time by number only. Mr. Green moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. e MINUTES--Eugene City Council 7:30 p.m. April 27, 1992 Page 4 . e e Mr. MacDonald asked that the council revisit this ordinance if problems arise in the regulation of medical transportation service providers. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19845. IV. PUBLIC HEARING: ANIMAL REHABILITATION CODE AMENDMENT City Manager Mike Gleason introduced the topic. Gary Chenkin, Planning and Development Department, presented the staff report. The Planning Commission voted unanimously to recommend that the zoning ordinance be amended to allow, based on specific conditions, rehabilitation of certain sick, injured, or immature wildlife to a condition where they could be released into the wild or, if incapable of survival on their own, retained for educational purposes or transferred to another facility. This amendment would legalize the reha- bilitation of animals and birds in RA and R-1 zones based on a number of standards, including proper sanitation, site-obscuring fences, licensing, facilities subject to State and Federal inspection, a prohibition against commercial activities and breeding for sale, a limitation to wildlife natu- rally occurring in Oregon, and a prohibition against bears and cougars. He said Planning Commissioner Jenny Sirnio and staff were present to answer questions. Mayor Miller opened the public hearing. Louise Shimmel, 4580 Manzanita Street, introduced herself as one of the orig- inal founders of Willamette Wildlife Rescue. She said a number of animals and birds do not rehabilitate well in a facility such as the one at the Wayne Morse Ranch. She said that approximately 1.5 million animals nationwide are entered into rehabilitation centers annually. She said a significant cause of rehabilitation is the result of human assistance. In conclusion, she urged the adoption of the proposed amendment and offered to answer questions. Lorna Kuhlman, 1060 Willa Way, said she was strongly opposed to the proposed amendment, noting that she has had unpleasant experiences in her neighborhood resulting from residential animal rehabilitation activities. There being no other requests to speak, the public hearing was closed. Responding to a question from Ms. Bascom, Mr. Chenkin said the proposed amendment includes a prohibition on the rehabilitation of bears and cougars. Responding to a question, Mr. Chenkin said testimony received during the Planning Commission public hearing indicated that there are currently between 30 and 40 licensed wildlife rehabilitators in Eugene. He said the City has received complaints. Responding to a question from Mr. Green, Bill Gary, City Attorney's Office, said the City Attorney's Office feels that the City's liability in the adop- tion of the proposed amendment would be protected under the Tort Claims Act. MINUTES--Eugene City Council 7:30 p.m. April 27, 1992 Page 5 . e . Responding to a question from Mr. MacDonald, Mr. Chenkin said staff does not feel that existing home occupation standards are specific enough to address this type of activity and that the proposed amendment is required for effec- tive enforcement. Dick Gassman, Planning and Development Department, de- scribed the City's enforcement procedures. If the City receives a complaint, staff visits the site where the alleged violation occurred. If the violation was confirmed, staff would work with the occupant or property owner to cor- rect the situation. If the violation could not be corrected, the activity would be required to be ceased. Ms. Ehrman hoped that Ms. Shimmel would share her concerns with others who partake in this type of activity. CB 4379--An ordinance concerning wildlife rehabilitation; and amending Sections 9.015, 9.384, and 9.386 of the Eugene Code, 1971. Mr. Green moved, seconded by Ms. Ehrman, that the bill, with unan- imous 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 passed unanimously, 6:0. Council Bill 4379 was read the second time by number only. Mr. Green moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed and became Ordinance No. 19846. V. PUBLIC HEARING: PLUMBING SPECIALTY CODE ORDINANCE REVISION City Manager Mike Gleason asked that the council withdraw this item from the agenda. By unanimous consent of the council, this item was withdrawn from the agenda. The meeting adjourned at 8:15 p.m. Recorded by David Straub) mncc 042792-730 MINUTES--Eugene City Council 7:30 p.m. April 27, 1992 Page 6