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HomeMy WebLinkAbout04/28/1986 Meeting (2) e e e M I NUT E S Eugene City Council City Council Chamber April 28, 1986 7:30 p.m. COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman Holmer, Ruth Bascom, Debra Ehrman, Jeff Miller, Roger Rutan. The adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. PUBLIC HEARINGS A. Annexation/Rezoning Request for Property Located North of Sarah Lane, East of Gilham Road in the North Willakenzie Area (memo, map, background information distributed) City Manager Micheal Gleason introduced the item. Jean Hahn of the Planning Department presented the staff report. She said the annexation request con- cerned five acres of vacant land located in the north Willakenzie area, north of Sarah Lane and east of Gilham Road. She said the southern boundary of the property was contiguous to the city limits, and access to the property was provided by an existing street, Sarah Lane. She said the annexation did not involve any non-consenting property owners. Ms. Hahn said testimony at an April 14 Planning Commission hearing had been received regarding the capacity of the existing street to accommodate addi- tional traffic which would be generated by the applicant's proposed develop- ment of a subdivision. She said the Public Works Department had indicated that Sarah Lane was adequate to handle that traffic. Ms. Hahn said public testimony also had included discussion of an east-west arterial connecting Gilham and County Farm roads. She said although that issue had no direct effect on the subject annexation, the Planning Commission had made a separate motion recommending to the council that transportation plans for the area be formulated as soon as possible. She noted that the Planning Commission work program included a refinement plan for the North Willakenzie area, and that plan would address transportation. Staff hoped to begin work on that plan in the autumn of 1986, she added. Ms. Hahn said the Planning Commission had unanimously recommended approval of the request. MINUTES--Eugene City Council April 28, 1986 Page 1 . e Mr. Holmer asked whether the adjacent neighborhood organization had made any official comments. Ms. Hahn said no comments had been received from the offi- cial organization, but she added that residents of Sarah Lane had signed a petition stating opposition to the proposed annexation, which was included in the information packets. Responding to questions from Ms. Ehrman, Ms. Hahn said that only a portion of Tax Lot 1400 was included in the request, and that portion was intended to be sold to Mr. Schafer. Ms. Hahn said that was the only purchase Mr. Schafer expected to make at this time. Mayor Obie opened the public hearing. Mayor Obie asked for any declarations of ex parte contacts or conflicts of interest from the council. None were made. Bob Schafer, 86092 Lorane Highway, said the annexation required nothing out of the ordinary. He said he proposed to build a small subdivision, with low-den- sity lots. He said the property met all requirements for being inside the urban growth boundary and for providing public services. Mr. Schafer said residents of Sarah Lane had expressed some concern about construction equip- ment in the area, and he explained that he had discussed with Parks and Recre- ation staff the possibility of allowing equipment to use a City-owned lot to the west of the property for access. Mayor Obie closed the public hearing. Res. No. 3971--A resolution authorizing annexation of property located north of Sarah Lane, east of Gilham Road in the north Willakenzie area, to the City of Eugene and the Lane County Metropolitan Waste- water Service District. Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolu- ti on. Ms. Wooten asked about the existing six-year inventory of residential hous- ing. Susan Brody of the Planning Department said the City was required to maintain a six- to ten-year supply of residential land, and she said she thought the current amount was close to a ten-year supply. Ms. Bascom said she recalled that the Willakenzie area did not have much land available for housing. Ms. Bascom asked whether an extension of Sarah Lane would be blocked by a school in the area. Ms. Hahn said Sarah Lane was not proposed to extend through to another street, but as adjacent properties were annexed, Sarah Lane might be extended to Gilham Road through Tax Lot 1402. Mr. Holmer said he was troubled by the annexation proposal because of the lack of a road plan, which he thought should exist before the council took action. He said he was concerned about the annexation creating an "island" of Tax Lot 402, and he wanted more specific information about plans for internal trans- 4It portation. Mr. Holmer said he thought action should be deferred. MINUTES--Eugene City Council Apri 1 28, 1986 Page 2 e e e Ms. Wooten asked about staff expectations for subsequent annexation requests in the area. Jim Croteau of the Planning Department said annexation requests were filed by private applicants, so timing was up to them. He added that an attempt had been made to avoid creating an island out of Tax Lot 1402 by annexing only a portion of Tax Lot 1400. Mr. Croteau said the developer1s plans for the property included about 24 sub- divided lots, which would be in keeping with the character of the neighborhood to the south. He also said the applicant planned to extend Sarah Lane to the north and then to the west along the northern boundary of annexation. He said that road was intended to connect with Gilham Road when Tax Lot 1402 was annexed. Mr. Croteau said that subsequent to annexation, the proposed street design for the property would be reviewed by a two-step subdivision process requiring City approval. Mr. Miller asked whether Tax lot 1402 and the remainder of Tax Lot 1400 could be annexed and the road put in now. Mr. Croteau said the other two owners of Tax Lot 1400 did not favor annexation. Mr. Miller asked about plans for the road. Mr. Croteau said the City attempted to layout a tentative road plan for the whole area when the first parcel was annexed, but final plans for individual lots could not be approved until the surrounding properties are annexed. Responding to Mr. Hansen's question, Mr. Croteau said about 24 standard resi- dential lots could be included in the area proposed for annexation. He said Public Works' representatives had indicated that Sarah Lane could handle that additional traffic. He also said the proposal was not part of the sewer and annexation project in the River Road area. Mr. Holmer asked whether the Planning Department made a practice of consulting adjacent neighborhood organizations when an annexation was proposed. Mr. Croteau said all applications automatically were referred to the neighbor- hood organization for review. He said this application had been referred to the Cal Young Neighbors, but no response had been received from that group. Ms. Ehrman asked about access to the property. Mr. Croteau said that Sarah Lane would be extended into the property. He added that the applicant also was seeking a construction easement for crossing Tax Lot 1403, which was owned by the City, to try and minimize construction traffic on Sarah Lane. Mr. Hansen said he appreciated the concerns of residents on Sarah Lane, but he added that he thought the development was logical and within the framework of the community. He said he would support the motion. Ms. Wooten said she would oppose the motion because the City of Eugene had close to a ten-year inventory of residential land available, because need had not been demonstrated, because a street design was not available, and because resolution did not exist among residents and the neighborhood association about the type of expansion wanted. Mr. Rutan asked whether the ruling should not be made strictly on the applica- bility of annexation criteria. City Attorney Tim Sercombe said the council decision should be based on the criteria for annexation set out in the code, MINUTES--Eugene City Council April 28, 1986 Page 3 e so if the criteria were not met, staff would have to be directed to make nega- tive findings. Mr. Rutan said that quality decisions were important, and cri- teria sometimes were limiting as to considerations that could come into play. Mr. Sercombe read the criteria in Section 9.150 of the code which requires that the property be inside the urban growth boundary, that annexation be consistent with adopted plans and policies, that public services and facili- ties can be provided as prescribed in the Metro Plan, and that annexation will result in a logical service delivery boundary. Mr. Holmer said he would oppose the motion because he thought an adequate road plan was needed before proceeding. Ms. Bascom said she would support the motion because her concerns about the road plan had been allayed by the Planning Commission's separate motion and unanimous support. Roll call vote; the motion carried 6:2, with Councilors Hansen, Schue, Bascom, Ehrman, Miller, and Rutan voting aye; Councilors Wooten and Holmer voting nay. Mayor Obie noted that he owned a long-term lease for KUGN towers on the adja- cent property, but said he did not think this council action constituted a conflict of interest. e Final Order No. A/Z 86-2--A final order rezoning property located north of Sarah Lane, east of Gilham Road in the north Willakenzie area, from County AGT/U Agriculture, Grazing, Timber-Raising District with an Interim Urbanizing Combining Dis- trict Overlay to City RA Suburban Residential District. Mr. Hansen moved, seconded by Ms. Ehrman, to approve Final Order No. A/Z 86-2 concerning property located north of Sarah Lane, east of Gilham Road in the north Willakenzie area. Ms. Ehrman said a previous annexation had included a requirement for access to the property. Mr. Croteau said he thought that case had concerned property which had no direct access to a public right-of-way, whereas this lot has access to an improved public right-of-way. Roll call vote; the motion carried 7:1, with Councilors Hansen, Schue, Holmer, Bascom, Erhman, Miller, and Rutan voting aye; Councilor Wooten voting nay. B. Riverfront Park Supplemental Findings (memo, background information distributed) . City Manager Micheal Gleason introduced the item. Pat Decker of the Planning Department presented the staff report. She said the subject of tonight's hearing was the Riverfront Study and the plan amendment designating a portion of University-owned property north of Franklin Boulevard for University research. MINUTES--Eugene City Council April 28, 1986 Page 4 e e Ms. Decker reviewed council actions last fall and said the amendment had been the subject of an appeal to the Land Use Board. She said the Land Use Board of Appeals recently had issued a ruling supporting the City's position in seven out of eight areas. On the eighth issue, the board had remanded the study and amendment to the City and had asked for adoption of supplemental findings. She said the board also had requested clarification of the Metro- politan Plan Diagram's designation for park and open space and of the lack of the site's inclusion in the Goal 5 inventory for natural resources or open space. Ms. Decker said the findings distributed provided a history of the development of the Goal 5 inventory. She said one paper used for development had estab- lished that no additional park lands were needed, and the Parks Master Plan subsequently had examined that issue further, including the Riverfront site as open space owned by the University. Ms. Decker said the Parks Master Plan had indicated a need for an additional 644 acres of land that should be acquired for open space, but that the Riverfront property had not been acquired then because of the availability of substantial open space resources near the existing site. Ms. Decker said that findings also described the Metro Plan Diagram designa- tion of the area for open space within the Wi11amette Greenway. City Attorney Tim Sercombe said the issue before the council was whether the property should be classified as needed open space under the comprehensive plan. If the council decided it should be, he said additional findings would have to be adopted; if it decided that property was not needed for open space, the findings could be adopted as they were. Mayor Obie opened the public hearing. Alvin Urquhart, 1820 Olive, confirmed that councilors had received his memo containing a point-by-point analysis. He said he supported the research facility and he also supported open space in the community. He said he thought an open-space designation for the area was desirable, and he said the City hearings officer had issued that finding in the past. He said the record contained evidence to support that designation, and he submitted copies of a petition circulated among members of several departments at the University of Oregon, including Geography, Anthropology, Architecture, Landscape Architec- ture, the Erb Memorial Union, Physical Education, and the Business Office. Mr. Urquhart urged the council to look beyond staff recommendations, which he said he thought were incorrect in this case. He said one reference was made to the Metro Plan Update, Natural Assets and Constraints, but that document made no mention of needed or desirable open space or of inventory. He said the document also failed to include scenic vistas or any regional plan for park1ands in the open space survey, although the report called a regional park plan "necessary to determine which portions of the regional park should serve as wildlife areas and open space." Mr. Urquhart said another reference was made to an inventory of existing pub- lic facilities and further plans, which included a sub-category for Parks and ~ Recreation Facilities. He said the document was not an open space survey, but MINUTES--Eugene City Council April 28, 1986 Page 5 e was a survey of parks infrastructure and recreation facilities. He read por- tions of the document (page Cl), stating that it "is not a parks and recrea- tion plan for the Eugene/Springfield metropolitan area, . . . is not a detailed technical report of park and recreation facilities in the metropoli- tan area." He al so read from page C5: "Presently there are no local stan- dards for determining further demand for park and recreation facilities in the metropolitan area. . .. Private recreational developments meet some of the demand for recreational areas, particularly in the intensely developed urban areas. . .. (Item 11) A comprehensive park, recreation, and open space plan for all jurisdictions and population centers in Lane County is essential to accurately determine the overall parks and recreation needs; none is avail- able." Mr. Urquhart said the section on Special Recreation Facilities stated that, based on National Recreation and Parks Administration standards, the metropol- itan area lacked an adequate number of swimming pools, tennis courts, golf courses, and other recreational facilities such as ball fields, which he noted were being developed in the north campus area. He said a section dealing with the University of Oregon stated that new facilities were planned over time and were intended to meet the needs of various University departments. Mr. Urquhart said the Parks and Recreation Master Plan, which had been added as a supplemental finding and had not been sent to LUBA, stated that its main purpose was to develop guides and recommendations that the Eugene Parks and Recreation District could use to provide parks and recreational services and facilities for the next 20 years, but it was not an inventory. He said a matrix listed an inventory, which included University sports facilities, but it nowhere identified that those were the only considerations. Mr. Urquhart said he felt the staff conclusion was not justified. Nena Lovinger, 1445 East 21st Avenue, spoke in support of preservation of the green, open space from the EWEB eastern boundary to the western edge of Springfield, on the south bank of the Willamette River. She said the space was needed and desirable for recreation, as a wildlife habitat, and as a place of easy retreat from nearby urban areas. Ms. Lovinger said the fields, black- berry bushes, orchards, and forestland combined to form a gracious link between Eugene and Springfield and an experiential alternative to the Franklin Boulevard connection. She also said that heron, osprey, and pheasant made their homes in the corridor and should continue to be welcomed. She said ample space for light industry, high-tech, and small-business development existed elsewhere in the metropolitan area, adding that she thought it foolish to appropriate prime green spaces, riverbanks, floodplains, and areas of top- quality agricultural soil for the type of development being pursued. She said the bit of wilderness within city limits should be honored and protected, adding that Eugene was known and appreciated for that type of amenity. She urged councilors to "support preservation of this emerald space, and not to dream of building upon it." Nan Cohen, 2526 Alder, said she was against the project on all grounds. She also said the proposed site along the Willamette Greenway was unique and was best left as open space. Ms. Cohen said the spot provided beauty, serenity, and relaxation, and she recommended that each councilor spend at least one ~ undisturbed hour experiencing the surroundings. She said the research park e MINUTES--Eugene City Council April 28, 1986 Page 6 e would pollute, despoil, and irrevocably kill the beauty, and she added that the number of sites of this quality was decreasing. Ms. Cohen suggested that if the research park will be done anyway, another site should be found for it. She said she preferred a site as far out West 11th as possible, so that industrialization could be separated from residential areas. She also cautioned against allowing short-term vision to obscure long-term foresight, and she submitted written testimony. Richard Gold, 907 River Road, said he had been one of about 250 people to participate in the First Annual Historical Riverfront Community Park Picnic last Saturday at the soccer fields near the Autzen footbridge. He passed around a poster for the event, which had been held to kick off Earth Week, and he described the wide variety of activities that the area allowed. He urged councilors to think about the unique qualities of the open space before they voted toni ght. David Thaler, 2408 Nixon Street, said that at the last meeting of the Inter- governmental Riverfront Park Commission, Pat Decker had responded that no change in the council's position could occur as a result of this hearing. Mr. Thaler also said he had spoken previously on the issue of classified research, and he felt that, like intellectual "open space," the University's and city's physical open spaces should be retained unless a compelling reason existed to limit them. Mr. Thaler said the riverfront location had been chosen because it was felt to provide an interface with University research. Instead, he said the proposed form and location of the park actually was alienating the University research community, with opposition existing both to classified research and to the development of valued open space. Mr. Thaler said that concerns also had been expressed about the process for developing the project without considering alternatives or consequences. He said the Intergovernmental Commission had decided to undertake a feasibility study, and he said he thought it would be honest for the council to endorse that. He also asked that alternative locations and consequences be included in a feasibility study. Mr. Thaler said the University student governments of last year, of this year, and elected for next year were strongly opposed to the project. He also said that adopting the present plan would be counter- productive to forming partnerships among University researchers, students, and the local economY. Sandra Vaughn, 884 Lariat Drive, coordinator for the University club sports program, said she had seen growth in recreational sports and the increasing need for sports facilities on campus. She said that men's and women's soccer, rugby, and lacrosse teams relied heavily on use of the south bank sports fields both for practice and for intercollegiate competition. She said that elimination of the field would be detrimental to the field sports program and to physical education classes and recreational programs. Ms. Vaughn said she had served on a north campus user group committee formed in 1977. She said the University in 1982 had adopted policies related to development of the north campus area, including a section pertaining to reserved areas stating that "development of the south bank field shall conform to the site plan for the area adopted by the campus planning committee." She ~ said the site plan had been designed to accommodate four sports fields in the e MINUTES--Eugene City Council April 28, 1986 Page 7 . north campus area. She said the need for fields had only increased since those plans were adopted, adding that she hoped the commitment to providing adequate recreational facilities for students had not been abandoned. She said the loss of open space would effectively eliminate the potential for additional fields on campus and would impair the current opportunities and future growth of recreational sports activities. e Barbara Kelley, 540 Kingswood Avenue, said she was concerned about gradual poisoning of the groundwater. She said that every use of a toxic or radio- active substance was accompanied by a toxic waste problem, adding that she believed the project would use toxic substances. She also said every landfill was and would be a toxic waste dump until the generation of toxic wastes was stopped. She said many communities in Oregon and throughout the nation now had contaminated groundwater, and most people were informed of contamination only after consuming the water for years, if ever. Ms. Kelley said the Envi- ronmental Protection Agency had found contaminated breast milk in a majority of 1,500 samples, including some from Oregon. She said DDT had been found in all 1,500 samples. She also said blood samples from 3,000 persons had indi- cated that 99 percent were chemically contaminated. Ms. Kelley said she understood that an ordinance to protect groundwater had been requested, but no substantial progress had been made. She also said no real solution existed to protect the water and environment from toxic waste. Ms. Kelley said she did not think polluted rivers, darkened skies, and replacement of greenways and open space with asphalt and automobiles would improve the economic climate of Eugene. She noted that those conditions could be found in slowly dying communities across America and said she thought the "victims of the industrial age" were willing to travel and to pay for blue herons, osprey, clean rivers with fish, and open space. Ms. Kelley noted that cancer killed more children between the ages of three and 14 than any other disease, and affected three of four families in the United States. She said both the EPA and the World Health Organization had attributed 80 to 90 percent of the cancer epidemic to the environment. She also showed an article about one couple's lawsuit attempting to recover damages for a son's leukemia death reportedly caused by toxins in the water. She asked councilors to "come to their senses" while the project still could be stopped. . Mayor Obie closed the pUblic hearing. Pat Decker of the Planning Department responded to comments. She said the primary paper addressing open space issues in the Metro Plan was not the Natu- ral Assets and Constraints paper, but the Parks and Recreation working paper. She said that National Recreation and Parks Administration standards were used in developing that paper. Ms. Decker said a comprehensive plan did exist for parks and recreation and open space planning in Eugene, and that was the adopted Eugene Parks and Recreation Master Plan, which served as a refinement to the Metropolitan Plan. She added that the Parks and Recreation Department felt citizens of Eugene had asked for a parks, recreation, and open space standard exceeding the national standard, and an additional 644 acres were earmarked for acquisition. She noted that although the riverfront property had been considered in the master plan, it had not been indicated as an area MINUTES--Eugene City Council April 28, 1986 Page 8 e e e in which additional parks and recreation space was needed. She added that that portion of the city was felt to have substantial open space resources in Alton Baker Park and recreation resources in Autzen Stadium. Ms. Decker said her answer at the Intergovernmental Commission meeting had been an attempt to clarify process, and she had not thought it likely that the council would reconsider the entire project. Ms. Decker said the Planning Commission also had noted some of the same concerns discussed by Ms. Vaughn about recreational facilities. She said the commission had noted recreational considerations in the Riverfront Park Tax Increment District and had stated that financial analysis for that district should include the potential for relocation of existing soccer fields. She said staff had advised the commission that the issue was not one of open space, but was an internal recreational issue of the University. She said staff felt that the Land Conservation and Development Commission and LUBA were not raising the issue of recreational needs, but of open space, open space inventories, and Metro Plan designations, so those were the issues addressed in supplemental findings. Steve Gordon of the Lane Council of Governments said a series of working papers, including those cited by Mr. Urquhart, had been included in the Metro Plan update. He said the State had found the intents of Goals 5, 8, and 15 to have been met during the acknowledgment process. He also said the Parks working paper was not intended as a master plan. Mr. Gordon said a policy in the comprehensive plan called for a coordinated approach in developing a park master plan for the metropolitan area. He said that coordinated approach had been undertaken in Eugene's Park and Recreation Master Plan and in similar plans done by Willamalane and by Lane County. Mr. Gordon told councilors the findings indicated that the Eugene Master Plan included the Riverfront site in the park and open space inventory and that the space was not designated for future public acquisition. Mr. Gordon said the wildlife cited in testimony rarely used the site under consideration, except for the river and the riparian strip. He added that he believed the Riverfront Park Plan called for protection of that strip. Mr. Holmer asked whether the 1982 University plan referred to by Sandra Vaughn represented the current University position. Ms. Decker said the North Campus Plan had been considered by the Campus Planning Committee, and City of Eugene staff had participated in those discussions. She said the North Campus Plan had considered only University needs and had not considered metropolitan or city-wide needs for University-owned property. Ms. Decker also said the Riverfront Park Study had included representatives of the University Planning Office and of the City of Eugene, and she said University representatives had concurred with recommendations of the Riverfront Park Study and had joined with the City in its response to LUBA's most recent appeal. She said Univer- sity representatives now were amending the North Campus Plan to make it con- sistent with the Riverfront Park Study, a process she said probably would involve the University community, the City, the Riverfront Park Commission, the developer, and the council. MINUTES--Eugene City Council April 28, 1986 Page 9 e e e Ms. Ehrman said she understood that adoption of the findings would not give direction to the University or preclude it from keeping the fields as they were or relocating them. Ms. Decker said that was correct. Responding to questions from Ms. Wooten, Ms. Decker said the playing fields had been developed with student funds, so, in relocating the fields, the University would have to reimburse those funds. She said the Riverfront Park Tax Increment District had included relocation of the fields as a cost item, but it had not been a specific agreement. Ms. Decker said she did not believe a possible site for relocation had been determined then or now, and she added that any possible relocation or incorporation into development still was unclear. CB 2881--An ordinance readopting Ordinance No. 19348; adding Supplemental Findings in support thereof and declaring an emergency. Mr. Hansen moved, seconded by Ms. Ehrman, 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. Ms. Bascom said she appreciated the testimony offered, adding that those sen- timents probably were responsible for the open space and livable aspects of Eugene. She noted the amount of effort Mr. Urquhart had put into the issue, but she said she had concluded that adequate park space already existed and that additional open space was not needed. She said the riverbank trail sys- tem would not be jeopardized by the development. Ms. Bascom said she thought the restraints and constraints would allow a chance to add to the urban river in a tasteful way, while protecting the Greenway and incorporating some inter- esting open space. Ms. Wooten responded to Ms. Kelley's comments, saying progress had been made toward adoption of an ordinance regarding toxic and hazardous waste. She said that as far as she was concerned, "not one shovel full of dirt" would be turned until the community was protected from both future and existing haz- ards. Ms. Wooten also said meetings and interviews were planned to gather ideas and suggestions from members of the community. Ms. Ehrman said the council had visited the site, and she said she felt com- fortable in supporting the findings. She said she thought the project could be done with the interests of Eugene and of the metro community at heart, adding that the council would be closely watching development to ensure set- backs and public access to the river. She said she hoped the athletic fields would not have to be moved, but if they did, she said she would support replacing them in another area of the campus. Roll call vote; the motion carried unanimously, 8:0. Council Bill 2881 was read the second time by council bill number only. MINUTES--Eugene City Council April 28, 1986 Page 10 e Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all counci- lors voting aye, the bill was declared passed (and became Ordi- nance No. 19383). Abatement of Unsafe Structures and Building Service Equipment at the Topper Trailer Court Located at 717 Highway 99 North (memo, resolution, background information distributed) City Manager Micheal Gleason introduced the item. Marsha Miller of the Build- ing Safety Section presented the staff report. She said the Topper Trailer Court consisted of one single-family dwelling, seven apartment units, and 25 mobile home spaces. She said that City staff had conducted a field inspection at the trailer court last fall, on the basis of complaints of unsafe condi- tions. The inspection had been conducted by a building inspector, a plumbing inspector, an electrical inspector, and the deputy fire marshal. C. e Ms. Miller said the inspection had resulted in findings of unsafe conditions in the water system, the sewer system, the gas piping system, carports, stairs, and landings. Ms. Miller said portions of the water system had been constructed with inadequate materials, were at inadequate depths, or were leaking. She also said portions of the sewer system were uncapped, exposed, and broken, and sewer lines were located too close to potable water. She said the owner had been notified of the unsafe conditions and had been asked to correct them by January 12, 1986. She also said that deadline had been extended, and when the owner still failed to correct the unsafe condi- tions, the property had been posted as unsafe on March 6, 1986. Ms. Miller said the owner then had appealed staff's determination, and a public hearing had been set for April 14. At the appellant's request, the hearing was post- poned to April 28 because of illness. Ms. Miller said that since those actions, the owner of the property had sub- mitted plans and permit applications to upgrade the sewer and water systems. She said that Building Division staff had reviewed the plans and had requested additional information. She also noted that the owner had made substantial progress in cleaning up some of the nuisance items on the property and had corrected many of the fire marshal's concerns. Ms. Miller said one issue raised in the appeal (Attachment C) was that, because the trailer court had been constructed while in the county, the exist- ing systems should be grandfathered in. She noted, however, that many of the problems at the trailer court had been found to be caused by work done since the property was annexed to the city in 1964. She also said exceptions were possible to the Uniform Administrative Code, provided that no hazard existed to life and safety, but inspectors had found a hazard to life and safety to exist at the trailer court. She also said permits were required of all citi- zens, and plans were needed to determine which portions of the system were adequate and which needed replacement. Ms. Miller said the resolution being considered tonight would direct the owner to correct the unsafe conditions within 30 days and would give staff the e authority to correct the unsafe conditions if the owner failed to do so. She MINUTES--Eugene City Council April 28, 1986 Page 11 e e e also noted that the resolution allowed a 30-day extension, if the owner was proceeding in a timely manner and circumstances arose that were beyond his control. She said Building Safety Section staff recommended that the council determine, by resolution, that the property known as the Topper Trailer Court was unsafe and order that the unsafe conditions be abated. Ms. Wooten asked why the resolution should be adopted if substantial progress was being made. Ms. Miller said that staff wanted to ensure completion of all corrective work. She said permit applications still were needed for carports and some other problems. Ms. Miller said she believed 30 days was long enough to allow the work to be done because site preparation had been started, and she added that the 30-day extension also was allowed. Mr. Hansen noted that the process had been lengthy, and he asked whether it could be speeded up in the future. Mr. Gleason said process redesign was needed and could be done. Ms. Bascom said she thought 30 days seemed like a short time for repair work, and she asked whether that limit could be extended if progress was being made. Mr. Gleason said that would require a separate council action. He noted that the issue had first come up in November, an original abatement date of January 12 had been set, and he said he thought the process should come to a final end now. Mayor Obie opened the public hearing. Mike Hall, 717 Highway 99 North, said the property was old, but he believed it had been shown to be safe and sanitary. He said illness and lack of income had contributed to some problems, but he did not think violations were bad enough to cut off power to tenants or to condemn the property. He said work had been done in an attempt to comply with codes. He said requirements of both the City electrical inspector and the fire marshal had been met, and other City building systems had been slow and cumbersome. He also said any non-compliance had existed when the property was purchased. Mr. Hall said plans had been submitted in January, but more costly, engineered plans were wanted. He said additional plans and permit applications had then been sub- mitted on April 7. Mr. Hall said water pressure tested at 75 pounds, and water bacteria count was better than the EWEB average, indicating no contami- nated water or sewage on the ground. Mr. Hall said about $5,000 had been lost since November because spaces and mobile homes could not be rented, although they had been approved by the City before and were in good workable order. He said no broken sewer lines or sewage could be found at an on-site meeting in March. He also said several tenants were in attendance tonight, and he said they hoped the council would not require additional improvements that would require a rent increase. He said residents believed the park provided a healthy and safe environment, and he invited visits to the park. He said additional tests would be permitted, but he added that he thought they should be done at City cost, because they already had incurred more costs than they should have. MINUTES--Eugene City Council April 28, 1986 Page 12 e e e Mr. Hall asked that the City allow mobile homes and spaces to be rented now, so that work could be financed. He said a Housing and Urban Development loan was being sought for renovation of cottages. He also asked that the work deadline be specified as 30 days from the date permits were issued. Mr. Hall said that only two tenants had complained, and he showed a newspaper article noting that the same tenants had gone on to complain about other land- lords and companies. He said he had an engineer and tenants who would attest that they were never without working water or sewer systems. He distributed photographs of the site. Mayor Obie closed the public hearing. Ms. Miller said no new electrical hookups had been allowed once the property had been declared unsafe because staff felt if conditions were not upgraded, residents then would be forced to leave. She said substantial progress had been made, but staff wanted to make sure work was completed. Ms. Miller also said the deadline could be set 30 days from the day permits were issued. Mr. Holmer asked whether the spaces might be rented while work was occurring. Ms. Miller said staff felt that the water and sewer systems still were unsafe until corrections were made. Mr. Hansen asked whether the reason for delays in processing applications had been addressed. Ms. Miller said staff had reviewed plans and a letter in response was included as Attachment B. She said she understood that permits could be issued as soon as the engineer submitted the requested information. Responding to Ms. Bascom's question, staff said the 30-day extension still could be applied if the deadline was made 30 days after permits were issued. Ms. Wooten said she would prefer to incorporate into the motion the specifica- tion that the 30-day time period begin when permits were issued. City Attor- ney Tim Sercombe said Section 3 of the resolution could be changed to state "from the date of issuance of the permits." He said filing of permit appli- cations would be required within a certain time period. Mr. Hansen said he did not favor changing the deadline to 30 days after per- mits were issued because of the time already taken and because the permits might be delayed further. Mr. Miller said he thought the time period could be extended to 30 days after issuing permits, and he noted the need to deal with issues of safety and sani- tation. Ms. Ehrman said she would appreciate receiving photographs and more evidence for making future decisions of this type. She also suggested specifying a deadline of 30 days after issuance of permits, but no later. Res. No. 3972--A resolution abating unsafe structures and building service equipment at 717 Highway 99 North. MINUTES--Eugene City Council April 28, 1986 Page 13 . Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Ms. Wooten moved, seconded by Mr. Rutan, to amend Section 3 of the resolution to extend the time for completion to a period not to exceed 30 days from the date of issuance of permits. Mr. Hansen said he intended to vote against the amendment because he thought enough time had been allowed. Ms. Bascom said she thought the amendment was appropriate, and she suggested that a lack of communication might be a more significant problem than the citizen's reluctance to make corrections. She said she hoped the amendment would show the council 's good faith and its intent to deal with a serious matter. Responding to Mr. Miller's question, Mr. Sercombe said the property owner would be required to submit permit applications within 15 days of the resolu- tion date. Roll call vote; the amendment carried, 7:1, with Councilors Wooten, Schue, Holmer, Bascom, Ehrman, Miller, and Rutan voting aye; Councilor Hansen voting nay. Mr. Holmer said he thought information prepared by staff should include more specific information about unsafe and substandard conditions. e Roll call vote; the amended motion carried unanimously, 8:0. D. Ordinance Concerning Animal Licensing and Fees (memo, ordinance distributed) City Manager Micheal Gleason introduced the item. Assistant City Manager Dave Whitlow presented the staff report. He said the ordinance amendment was being requested from elected officials of the three jurisdictions involved. He said fees would be standardized, and Eugene fees would be returned to the level they were at a few years ago. He also said the amendment would make it pos- sible to sell licenses on a wider basis, which he said was helpful to the ani- mal control program. Mayor Obie opened the public hearing. No testimony was offered, and the pub- lic hearing was closed. CB 2882--An ordinance concerning dog license fees; amending Section 4.375 of the Eugene Code, 1971; and declaring an emergency. . Mr. Hansen moved, seconded by Ms. Ehrman, 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 2882 was read the second time by council bill number only. MINUTES--Eugene City Council April 28, 1986 Page 14 - Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; all counci- lors voting aye, the bill was declared passed (and became Ordi- nance No. 19384). II. POSTPONEMENT OF APPEALS TO EUGENE SIGN CODE BOARD OF APPEALS DECISION CONCERNING AUTOMOBILE DEALERSHIPS LOCATED ON GOODPASTURE ISLAND ROAD (memo distributed) Mr. Hansen moved, seconded by Ms. Ehrman, to postpone considera- tion of the appeals to June 23, 1986. Roll call vote; the motion carried unanimously, 8:0. III. RIVER ROAD/SANTA CLARA URBAN FACILITIES PLAN (memo, background infor- mation distributed) City Manager Micheal Gleason introduced the item. Res. No. 3973--A resolution adopting the River Road/Santa Clara Urban Facilities Plan, Transportation, Public Facilities and Services, and Environmental Design El emen ts . e Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolu- ti on. Ms. Wooten noted that she had hoped to postpone action on the item. Roll call vote; the motion carried unanimously, 8:0. IV. TRANSPLAN (memo, background information distributed) City Manager Micheal Gleason introduced the item. Kirk McKinley of the Plan- ning Department presented the staff report. He said the council previously had made a tentative recommendation on Transplan, which staff then had taken to the Metropolitan Area Transportation Committee. Mr. McKinley said MATC had passed a recommendation on the document, and the Lane County Board of Commis- sioners and the Lane Transit District board also had adopted Transplan. He said the Springfield City Council was scheduled to adopt the plan on May 5. Mr. McKinley said that most of the council's previous recommendation had remained unchanged, and he reviewed the changes made by MATC and the Lane County Commissioners. Lane County had deleted Policy F3, and MATC had changed Policy Pk6 and AM8. He said that other changes also were included in Attach- ment B, noting that most of those reflected updated information. Mr. McKinley also said the introductory section and the street and highway introductory section had been rewritten to clarify the relationship among Transplan, Capi- tal Improvements Programs, and the Public Facilities Plan. . MINUTES--Eugene City Council April 28, 1986 Page 15 e Responding to Mayor Obie1s question, Mr. McKinley said he did not think the changes had been very significant. He noted that the deleted Policy F3 had addressed an equitable distribution of Lane County's road funds throughout the community, and he said staff was comfortable with leaving that out. Ms. Bascom said she thought that issue was covered by wording in the intro- duction stating that "allocation of county resources must address the needs of both urban and rural areas of the county. II e Responding to Mr. Hansen's question, Mr. McKinley said the proposed ordinance was to adopt the version of the plan adopted by Lane County and MATC (with the exception of Policy F3), which was the same version to be considered by Springfield next week. Ms. Bascom noted that Lane County and Springfield had made few alterations to the original draft plan, and she reported that MATC also had made only minor changes. Mr. Hansen said he believed the assumptions for the amount of alternative mode transportation were too high. He added that he thought larger problems would result from the lack of planning, and he said he hoped close annual monitoring would be done if the plan was adopted. CB 2883--An ordinance adding sections to the Eugene/Springfield Metropolitan Area General Plan by adopting the Metro- politan Area General Transportation Plan which super- sedes the T-2000 Plan and Bikeways Master Plan; adopt- ing exceptions to LCDC Goals 3, 4, and 5, and declaring an emergency. Mr. Hansen moved, seconded by Ms. Ehrman, 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 2883 was read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. Erhman, that the bill be approved and given final passage. Roll call vote; the motion carried, 7:1, with Councilors Wooten, Schue, Holmer, Bascom, Ehrman, Miller, and Rutan voting aye; Councilor Hansen voting nay; the bill was declared passed (and became Ordinance No. 19385) . V. ALTERNATIVE TRANSPORTATION WEEK (memo distributed) City Manager Micheal Gleason introduced the item. Sandra Gleason of the Pub- lic Works Department presented the staff report. She said the first Alterna- tive Transportation Week is scheduled for June 11-14, and the theme is "Eugene in Motion," to tie in with the Expo '86 theme, "World in Motion." e MINUTES--Eugene City Council April 28, 1986 Page 16 e e Mr. Gleason said that Councilor Ehrman had proposed the idea to encourage use of alternative modes of transportation. It was hoped the event would be held annually, and an awards ceremony, events, and displays were planned during the week. Ms. Ehrman invited challenges and contests among City Councilors and departments. She said commuter breaks were planned, along with information kiosks around the community. She also said about 15 businesses, including the University and Sacred Heart Hospital, were assisting with the event. Ms. Ehrman said similar events had been successful in other communities, and she invited participation. Ms. Ehrman noted that increasing use of alternative modes could help the actual usage rates meet the high alternative goals cited by Mr. Hansen. Ms. Schue said she thought the week was a great idea, and she invited other councilors to join in using alternative modes. Mayor Obie noted that a noon meeting was scheduled for Wednesday, and he suggested that councilors be pre- pared to report on how they got there. Ms. Bascom suggested that the council issue challenges to the Planning Commis- sion and the Downtown Commission, and she offered to work on that. Mr. Holmer said he thought Alternative Transportation Week was an interesting idea creatively addressed by staff, but he added that he did not think it was an appropriate function for the City. VI. ROUTINE ITEM FOR COUNCIL APPROVAL--CITY COUNCIL MINUTES OF DINNER/WORK SESSION OF MARCH 17, 1986, AND LUNCH/WORK SESSION AND MEETING OF APRIL 9, 1986 (minutes distributed) Mr. Hansen moved, seconded by Ms. Ehrman, to approve the City Council minutes of March 17,1986, and April 9,1986. Roll call vote; the motion carried unanimously, 8:0. VII. REPORT FROM COUNCILOR RUTAN ON AIRPORT FINANCING (This report had been given at the work session held earlier that evening.) Mayor Obie adjourned the meeting at 9:22 p.m. to April 30, 1986. Respectfully submitted, .~ ~" /'~~__~ ../,,;;1 "?~ I. /~~~ --~ Cl ty Manager (Recorded by Leslie Scales) ~ LS:vr/2024C MINUTES--Eugene City Council April 28, 1986 Page 17