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HomeMy WebLinkAbout05/27/1986 Meeting (2) M I NUT E S e Eugene City Council City Council Chamber May 27, 1986 7:30 p.m. COUNCILORS PRESENT: Richard Hansen, Emily Schue, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Miller (7:50-8:45 p.m.). COUNCILORS ABSENT: Cynthia Wooten, Debra Ehrman. The adjourned meeting of May 21,1986, of the City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. e I. PUBLIC HEARING: ABATEMENT OF UNSAFE STRUCTURE AT 2800 CITY VIEW (memo, background material, resolution distributed) City Manager Micheal Gleason introduced consideration of the abatement of an unsafe structure at 2800 City View. Marsha Miller gave the staff report. She submitted several photographs of 2800 City View to the council. She said a complaint was received in March 1986 and, after an inspection, the City deter- mined that the larger house at 2800 City View was not safe because of a fire in November 1985. She said the structure is unsound, open, and abandoned. She said that access is available to a swimming pool in the house and that there is glass and debris on the property. She said the owner was notified of the unsafe conditions. Ms. Miller said the proposed resolution to abate the unsafe conditions at 2800 City View indicates that the owner should apply for a building permit or a demolition permit within 15 days (June 11, 1986) and then complete the recon- struction or demolition within 30 days. She recommended the council pass the proposed resolution. e Mayor Obie opened the public hearing. Harold D. Gillis, 975 Oak, represented the owner of the property. He said the lot is two acres and has two houses on it. The larger house has about 9,500 square feet, including a swimming pool and a garage, and the smaller structure is a guest house of about 1,000 square feet. He said the November fire dam- aged the larger house. The house was insured. He said insurance company employees removed some things, stored other things, and put plastic over the roof, but they have refused to use the debris removal clause in the policy to do anything else. He said the Fire Marshal initially indicated that the fire was incendiary, but Mr. Gillis was told that insurance company employees determined that the fire was caused by wiring to a furnace under the house. He said he was also told that the insurance company was negligent about supplying information to the Fire Marshal and that the two people investi- gating the matter retired from the Fire Marshal's office. He said insurance MINUTES--Eugene City Council May 27, 1986 Page 1 e e e company employees said they are still investigating the fire and they have not sent him a copy of the report indicating the fire was not of incendiary ori- gin. He said they have not decided whether to deny the loss or pay it. He said the problem is that the Fire Marshal's office cannot complete its investigation. Mr. Gillis said that four estimates to repair the house have been received and they indicate the cost will be $270,000 to $500,000. He said it will also cost thousands of dollars to demolish the house and the owner cannot afford to repair or demolish it. He said the owner requests the council to defer action for 40 days because he was told the insurance company may make a decision within 30 days. The decision will provide funds to remove the debris and then the structure can be repaired or demolished. He said the owner cannot get additional coverage or liability for the burned house. Answering a question from Mr. Rutan, Mr. Gillis said it is more likely that the house will be rebuilt than that it will be demolished. He said the owner wants to rebuild it. Mr. Gillis submitted his testimony in writing. Russell Poppe, 2522 Van Ness, represented Pacific First Federal Savings Bank, which holds the first trust deed on the property. He said the upstairs is in bad shape, but the front room is in good shape. He said it is hard to tell from the street that the house is damaged. He said the glass sliding doors to the swimming pool room are broken, but the room is not extensively damaged. He said the house is back from the street and the burned part cannot be seen from the street. He said there is very little foot traffic by the house and transients would not be attracted. Mr. Poppe suggested that a fence be constructed around the back of the house so that the insurance company and the property owner have time to resolve the problem. He said the reconstruction of the house will be a major project and will take time. He said the bank wishes to protect its interest and will pay for the fence if necessary. He asked the council to lengthen the period during which a building or demolition period can be obtained to 40 days and allow construction of the fence for 60 days. There being no more requests to testify, Mayor Obie closed the public hearing. Ms. Miller said a fence would not eliminate the unsafe conditions. However, if the council approves a fence, she said the staff will have to decide what type of fence will be safest and how it will be maintained. She said that anyone can get into the pool room now and the pool is full of water. She said it is a hazard for children in the neighborhood. Replying to questions from Mr. Hansen, Ms. Bascom, and Mayor Obie, Ms. Miller said the glass doors in the front of the house are broken, so a fence would have to surround the whole house. If the owner does not repair or demolish the house within a specific period, she said the City probably will ask for bids to demolish it, or to demolish only the part that cannot be used, or to repair it. City Attorney Tim Sercombe said another resolution would be required if the council approves a fence as a correction for the unsafe con- ditions that exist. He said a lien on the property would be requested from the council if the City demolished or repaired the house. MINUTES--Eugene City Council May 27, 1986 Page 2 . e e Replying to Mr. Holmer, Ms. Miller said the cost of a 400-foot fence had not been estimated. Don Gilman of the Public Works Department guessed the cost of a Cyclone fence would be about $10 a foot. Mr. Rutan said the house is in his ward and he has seen the house. He said a hazardous condition exists because children could get into the house. He said the neighborhood children know about the house. He said the house was an outstanding one and some parts could be refurbished. He said a fence would mitigate most of the problems. Mr. Hansen said a fence could be rented. Building Official Larry Reed said a fence would not stop children or others from getting into the house. He said the hazardous conditions would remain. He said it is a good example of the purpose of the ordinance, which permits the City to step in when an owner and an insurance company do not agree. He said the City must preserve the neighborhood and public safety. Answering questions from Ms. Schue, Mr. Sercombe said the City may have some liability if the council takes no action after it has been notified of the hazardous condition. He said the City and the council are immune from liabil- ity for the choice of action they take. He said the testimony requested a 40-day period for obtaining reconstruction or demolition permits instead of the 15-day period in the proposed ordinance. Mr. Gleason added that litiga- tion could take a long time. Mr. Rutan suggested the staff present a revised resolution to the council. Mr. Hansen suggested the time for obtaining permits be lengthened and, if they are not obtained, he said the abatement action could be started. He said construction of a fence could result in the existing situation continuing for a long time. He suggested the City ask the property owner to nail the building shut. Mr. Hansen moved, and Ms. Schue seconded, to adopt the proposed resolution subject to a change indicating that permits for demolition or reconstruction of the structure at 2800 City View must be obtained within 40 days. Mayor Obie said he opposed the motion because the swimming pool has water in it and is life-threatening. He said the 15-day time period should be retained unless the life-threatening condition is removed. If the life-threatening condition is removed, he would approve a 40-day period for obtaining the necessary permits. By consensus, the other councilors agreed with him. Mr. Hansen and Ms. Schue withdrew the motion. Mayor Obie continued consideration of the proposed abatement to the council meeting on Wednesday, May 28, 1986. MINUTES--Eugene City Council May 27, 1986 Page 3 . e e II. RATIFICATION OF FY86-87 METROPOLITAN WASTEWATER MANAGEMENT COMMISSION BUDGET (memo, background information distributed) City Manager Micheal Gleason introduced the discussion of the FY86-87 Metro- politan Wastewater Management Commission. Don Gilman of the Public Works Department gave the staff report. He said the intergovernmental agreement that established the Metropolitan Wastewater Management Commission requires that Eugene, Springfield, and Lane County ratify the commission budget. He said the commission held several public hearings on the budget before approv- ing it and Springfield and Lane County have ratified it. Answering a question from Mr. Holmer, Mr. Gilman said the amounts in the commission budget which apply to Eugene correspond to amounts in the Eugene budget. He said Eugene budgets for the operation of the wastewater treatment plant and Springfield budgets for the operation of the plant and administrative functions. Mr. Hansen moved, seconded by Ms. Schue, to approve the Metro- politan Wastewater Management Commission Fiscal Year 1986-87 budget. Roll call vote; the motion carried unanimously, 6:0. III. EUGENE/SPRINGFIELD METROPOLITAN PARTNERSHIP QUARTERLY REPORT (report distributed) City Manager Micheal Gleason introduced Vickie Dietmeyer, Executive Director of the Eugene/Springfield Metropolitan Partnership. She said the councilors received copies of the partnership's Quarterly Report. She said a committee structure has been developed that includes all 44 of the partnership's dir- ectors. She reviewed the committees and some of their responsibilities. Ms. Dietmeyer said the recruitment activity of the Partnership has increased and the Partnership is receiving substantial leads from the State Department of Economic Development. She said the Partnership is working on 32 cases. She said the competitive status of the Eugene/Springfield area is being eval- uated because some other Oregon communities are offering incentives such as enterprise zones. She said three Japanese silicon producers are considering this area for the location of new plants, and the location of a medical laboratory in Eugene will be announced this summer. The Eugene Development Department is negotiating with the firm now. Ms. Dietmeyer reported that the Partnership staff has attended several trade shows. She said some California companies remember that Oregon did not want industry several years ago, but many midwestern and eastern companies did not have previous contacts in Oregon and appreciate the low cost of doing business here. Hewlett-Packard representatives indicated they are willing to work with the Partnership to educate the pUblic about industrial recruitment. The Part- nership is also working with local realtors to develop a comprehensive site and building catalogue. Ms. Dietmeyer said the first draft of the report from The Fantus Company will be received on May 30, 1986. It will include an asset and liability analysis and a list of industries to target in the Partnership.s recruitment efforts. MINUTES--Eugene City Council May 27, 1986 Page 4 . e e She said the report will be presented to the community on June 11, 1986. She discussed Partnership activities that will result from the report. She also discussed opportunities for the Partnership in international investment and said contracts have been signed with a public relations firm and a design firm. Development Expo will be held September 25. IV. CLARIFICATION CONCERNING INTENT IN ADOPTING PARKING POLICY 6 IN TRANSPLAN (memo, background information distributed) City Manager Michea1 Gleason introduced consideration of the clarification of the intent in adopting Parking Policy 6 in the TransP1an. Ms. Bascom read the following statement: Parking Policy 6 in TransP1an was adopted with the understanding that it not be used in isolation by the City Councilor agencies of the City to prohibit the construction of future parking structures by Sacred Heart Hospital or other businesses or institutions. As with all policies, this policy is to be used in conjunction with other goals and policies of the City in making determinations concerning the appropriateness of development proposals. The council recognizes and appreciates the presence of Sacred Heart Hospital and supports its continued existence within central Eugene. Ms. Bascom said she called Sister Monica Heeran, administrator of Sacred Heart Hospital, to tell her the council would consider the statement of intent at this meeting. Ms. Bascom said Sister Monica was pleased with the statement. Answering a question from Mayor Obie, Planning Director Susan Brody said she and Ms. Bascom met with Sacred Heart officials to discuss their concern about the parking policy. She said Sacred Heart officials indicated they are com- fortable with the proposed statement. Mayor Obie said he does not approve of TransP1an Parking Policy 6 but the process for changing it is complex. He said employee parking problems are not solved by discouraging long-term employee parking. He said the statement of legislative intent placates one issue and is the minimum the City should do. Mr. Hansen moved, seconded by Ms. Schue, to adopt the memorandum dated May 21,1986, to the Mayor and City Council from the Planning Department titled "Clarification Concerning Intent in Adopting Parking Policy 6 in TransP1an.1I Roll call vote; the motion carried unanimously, 6:0. Mayor Obie recessed the meeting of the Eugene City Council and convened a meeting of the Eugene Urban Renewal Agency. MINUTES--Eugene City Council May 27, 1986 Page 5 . e e V. RIVERFRONT RESEARCH PARK UPDATE AND COMMISSION RECOMMENDATION ON RIVERFRONT PREDEVELOPMENT AGREEMENT (memo, background information distributed) City Manager Micheal Gleason introduced consideration of the Riverfront Research Park. Deputy Development Director Cathy Briner gave the staff report. She said the Riverfront Research Park Commission was created to make recommendations to the University of Oregon President and to the Eugene Renewal Agency about the development of the Riverfront Research Park. She said Gus Keller was elected Chairperson and Sally Weston was elected Vice- Chairperson of the commission. Reviewing the activities of the commission, Ms. Briner said it has reviewed the Riverfront Study, the Riverfront Urban Renewal Plan, the EWEB Master Plan, the campus planning process, the new University science complex, and the Uni- versity's research strengths. She said commission members have overseen a search-and-selection process for a project developer. After requests for qualifications were advertised nationally, the commission interviewed Maureen McAvey of the Carley Capital Group. Ms. Briner said the Carley Group has developed various projects with universities such as Northwestern University and the University of Maryland. She said the commission has reviewed a pre- development agreement drafted by the University of Oregon, the State Board of Higher Education, and City staffs. Ms. Briner introduced Gus Keller, Chairperson of the Riverfront Research Park Commission, who introduced Dan Giustina, Sally Weston, Don Corson, and Mabel Armstrong, members of the commission who were present. Mr. Keller said the Riverfront Research Park Commission recommends to the Uni- versity of Oregon President and to the Eugene Renewal Agency that they direct their staffs to negotiate a predevelopment agreement with the Carley Capital Group for a comprehensive development plan that will include a master site plan, a financial plan, and a marketing plan, and direct their staffs to ini- tiate an independent feasibility study of the research park and make the results of the feasibility study available before the master site plan is developed. He said the commission also recommends that public meetings be held on the independent feasibility study and the master site plan. He said that the UniverSity of Oregon and the City would have no obligation to proceed with the developer or the development unless they are satisfied with the site plan, the financial plan, and the marketing plan. Mr. Keller introduced John Moseley, Vice President for Research of the Uni- versity of Oregon, who represented University of Oregon President Paul Olum. Mr. Moseley said that President Olum reviewed the recommendations of the commission. Mr. Moseley read a letter to the commission from President Olum in which Mr. Olum thanked the commission for its work and said he approved the recommendations of the commission. He said he was pleased with the proposal that the University and the City negotiate a predevelopment agreement with the Carley Capital Group. Reviewing the timeline for the development, Ms. Briner said the master site planning process probably will be completed by December 1986, the master site MINUTES--Eugene City Council May 27, 1986 Page 6 . plan approval process probably will be completed by March 1987, and that con- struction in the research park could begin in the summer of 1987. She said the independent feasibility study will be prepared, the special zoning dis- trict will be considered, and possible suitable tenants will be identified this summer. e Answering questions from Mr. Holmer, Ms. Briner said advisors have indicated that the University and the City should secure their own feasibility study to use in evaluating the development proposal. She said the developer's proposal will meet the developer's needs, and the City and the University should use their feasibility study to ensure that the proposal meets the City's needs. She said the study will indicate what will be successful in the research park, what the competition is, and what firms should be targeted. Replying to Mr. Hansen, Ms. Briner said acceptance of the predevelopment agreement will not commit the Renewal Agency financially. She said the feasi- bility study will cost about $30,000 and will be financed jointly by the University of Oregon and the Renewal Agency. She said proceeds from the tax increment district will be used for infrastructure in the research park area after the master site plan has been approved. Mayor Obie said the Riverfront Research Park Commission and the staff indi- cated at a meeting that the feasibility study will help them address such concerns as where the initial development should be and what orientation to the University the initial development should have. He said commission members want to be sure that their discussions with the developer will accomplish the community's needs. Mr. Keller said the City and University must have their own data to evaluate the developer's proposal. Mr. Holmer said he was satisfied with the explanation that the independent feasibility study and the developer's plan will give two perspectives of the same project. Mayor Obie thanked the Research Commission for its excellent work. Mr. Hansen moved, and Ms. Schue seconded, to approve the recom- mendation of the Riverfront Research Park Commission. Roll call vote; the motion carried unanimously, 6:0. Mayor Obie adjourned the meeting of the Eugene Urban Renewal Agency and recon- vened the meeting of the Eugene City Council. VI. CREATION OF A BUILDING CONSTRUCTION ADVISORY COMMITTEE (memo, background information distributed) City Manager Micheal Gleason said the Building Construction Advisory Committee (BCAC) will be a group of customers who use the City's permit system and who can advise the City on problems and procedures that affect customers. He said that competing needs, interests, and times have to be balanced. He said the committee will be an advisory one to him. . MINUTES--Eugene City Council May 27, 1986 Page 7 . Mr. Hansen moved, seconded by Ms. Schue, to create a Building Construction Advisory Committee as outlined in the May 23, 1986, memorandum to the Mayor and City Council from City Manager Mike Gleason titled "Creation of a BUilding Construction Advisory Corranittee." Mr. Hansen said the council should receive a report on the activities of the BCAC in the spring of 1986. Roll call vote; the motion carried unanimously, 6:0. VII. COUNCIL BYLAW AMENDMENTS CONCERNING WRITTEN COMMUNICATION FROM CITY COUNCILORS AND STATE/FEDERAL LOBBYING (memo distributed) Mayor Obie said that Councilors Holmer and Schue prepared a statement concern- ing communications from City Councilors and State and Federal lobbying. Answering a question from Mr. Holmer, Mr. Gleason said the council does not have bylaws, but it adopts ground rules. e Mr. Holmer said he did not think adopting the statement was necessary. Ms. Schue said the statement should be available for reference. It indicates Mr. Holmer's and her understanding of appropriate procedures. Ms. Bascom said she appreciated the effort to clarify complex situations, but she had reservations about the statement because satisfactory wording to please everyone is difficult to find. She said the issues are often contro- versial. For example, the appropriate role of dissenters to the airport expansion is difficult to address. Mr. Miller said the statement contained general guidelines and could be use- ful. He favored adopting the statement as a ground rule. Mayor Obie agreed with Mr. Miller. Mr. Hansen moved, seconded by Ms. Schue, to accept the "Written Communications from City Councilors" contained in the memo dated May 23, 1986, to the Mayor and City Council from City Manager Michea1 Gleason as an addition to the council ground rules. Roll call vote; the motion carried 5:1, with Councilors Schue, Holmer, Hansen, Rutan, and Miller voting aye, and Councilor Bascom voting nay. VIII. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council Minutes of March 19, 1986; Dinner/Work Session and Meeting of April 14, 1986; Meeting of April 16, 1986; and Dinner/Work Session and Meeting of April 28, 1986 (minutes distributed) e MINUTES--Eugene City Council May 27, 1986 Page 8 . e . Mr. Hansen moved, seconded by Ms. Schue, to approve the City Council minutes of March 19, 1986; April 14, 1986; April 16, 1986; and April 28, 1986. Roll call vote; the motion carried unanimously, 6:0. B. Improvement Petitions 1. Sanitary Sewers on Knoop lane (assessable costs: sewers--33%; City costs: $223,440) (memo attached) Res. No. 3978--A resolution authorizing sanitary sewers to serve Knoop lane from Mayfair Street to River Road and River Road from Park Avenue to 200 feet south of Thomason Street (Job #2149) 2. Storm Sewer East of Glenwood Boulevard (assessable costs: storm sewer--100%; City cost: oversized pipe--$5,200) (memo distributed) Res. No. 3979--A resolution authorizing storm sewer 300 feet east of Glenwood Boulevard from 22nd Avenue to Interstate 5 Freeway (1-5) (Job #2239) 3. Paving, Storm and Sanitary Sewers on Pitchford Avenue (assessable costs: paving--70%; sewers--90.4%; City cost: $18,820) (memo distributed) Res. No. 3980--A resolution authorizing paving, storm and sanitary sewers to serve Pitchford Avenue from Willow Creek Road to 2,300 feet west of Willow Creek Road, and sanitary sewer to serve Willow Creek Road from Pitchford Avenue to 300 feet south (Job #2245) Mr. Hansen moved, seconded by Ms. Schue, to adopt Resolutions Nos. 3978, 3979, and 3980. Roll call vote; the motion carried unanimously, 6:0. IX. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE COUNCIL COMMITTEE ON ECONOMIC DIVERSIFICATION (memo distributed) Mayor Obie notified the council of his appointment of Councilors Holmer, Wooten, and Rutan to the Council Subcommittee on Economic Development. He said he also will serve on the subcommittee, and the first responsibility of the subcommittee will be to develop a work plan. Mayor Obie adjourned the meeting at 8:45 p.m. MINUTES--Eugene City Council May 27, 1986 Page 9 . e . ::~espectfullY submitted, .?74~ (.,~,;;;~/, Micheal Gleason Ci ty Manager (Recorded by Betty Lou Rarick) BLR:je/MINS4 MINUTES--Eugene City Council May 27, 1986 Page 10