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HomeMy WebLinkAbout06/09/1986 Meeting (2) M I NUT E S e Eugene City Council City Council Chamber June 9, 1986 7:30 p.m. COUNCILORS PRESENT: Richard Hansen, Debra Ehrman, Cynthia Wooten, Ruth Bascom, Freeman Holmer, Roger Rutan, Jeff Miller. COUNCILOR ABSENT: Emily Schue. The regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. PUBLIC FORUM e Mayor Obie said the Public Forum is an opportunity for people to express opinions and provide information to the council about issues which are not scheduled for council consideration. He said it is an opportunity for the council to learn of the city's. needs from its citizens. He said the council will not respond immediately to the concerns. A. Letter from Mayor of Parow Mark Smith, 975 Oak, and Randall H1edik, 3600 County Farm Road, Springfield, said they took part in a group study exchange between Rotary District 511 in Eugene and Rotary District 935 in Namibia, Africa. They said they were in southwest Africa for six weeks and talked with many people. They presented a letter to Mayor Obie from M. A. Basson, Acting Mayor of Parow, Namibia. Mayor Obie read the letter in which Mr. Basson said he hopes for peace and pros- perity for everyone and an understanding between the people of his country and the United States. Mayor Obie said he will respond to Acting Mayor Basson in the same spirit. B. Attempt to Relocate Navahos in Arizona Joan L. MacDonald, 25791 Siuslaw River Road, Lorane, represented the Big Mountain support group in Eugene. She said Bjg Mountain is part of a Navaho/Hopi reservation in Arizona created in 1882. She said the many natural resources in the reservation are wanted by energy companies and Public Law 93-531 passed in 1974 mandates the removal of many Navahos from the Big Mountain area this year. She opposed the removal. She distributed to the councilors copies of a "Big Mountain Resolution" and a pamphlet titled "Navahos Resist Forced Relocation" and asked the councilors to support the resolution. Ms. Wooten said she will present the issue to the council later. e MINUTES--Eugene City Council June 9, 1986 Page 1 e e e II. PUBLIC HEARINGS A. Land Use Application Fee Schedule Update (memos, background information distributed) City Manager Micheal Gleason introduced consideration of the Land Use Application Fee Schedule Update. Planning Director Susan Brody gave the staff report. She said the council held a public hearing on the proposed changes to the land use fee schedule on May 12 and kept the hearing open until today. She said the only written testimony received was from the Lane County Home Builders Association. It was distributed to the councilors. Ms. Brody said the land use fee schedule was last updated in 1980. The proposed changes result from a comprehensive cost of services study and increases the percentage of total costs recovered by the City from 12 percent to 21 percent. The proposed fees eliminate the difference in fees for residential and non-residential zoning districts. In addition, fees are proposed for appeals, post-approval modifications, street name changes, and water and sewer extensions. Also, sliding scales are simplified and fees are waived for annexation requests. Ms. Brody said the council previously discussed waiving only the fees for annexations in the River Road/Santa Clara sewer project and reducing the fee for conditional use permits for day-care facilities in residential zoning districts. Mayor Obie noted that the public hearing remained open. There being no requests to testify, he closed the public hearing. Answering questions from Ms. Wooten and Ms. Ehrman, City Attorney John Arnold said a Certificate of Indigency is used in litigation and could be used as the method for waiving the appeal fee for people with low incomes. The council would set the criteria for the certificate. Hillary Kittleson of the Planning Department said only three appeals were received last year. Replying to questions from Mr. Hansen and Mr. Holmer, Ms. Brody said the Planning Department recommended waiving the appeal fee for neighborhood associations because they have a special role in City government and are used by the City to get neighborhood responses to applications. Mr. Arnold said anyone who testifies in the original hearing has "standing" and can appeal a Hearings Official's decision. Ms. Bascom said she favored reducing the conditional use permit fee for child-care facilities in residential areas. Answering questions from Ms. Wooten, Mr. Arnold said anyone or any group that receives notice of the Hearings Official's hearing has "standing" to appeal the decision. He said neighborhood groups automatically receive notice of a Hearings Official's hearing and, therefore, can appeal the decision. MINUTES--Eugene City Council June 9, 1986 Page 2 e e e Ms. Wooten said the proposal is not clear about protection for people with low incomes who need conditional use permits in residential areas. She said the City should guarantee access to the appeal process for them. Ms. Brody said Ms. Wooten's concern is valid, but the Planning staff thought it was outweighed by the necessity to recover the cost of appeals. Ms. Wooten suggested the recommended change be approved with the addition of a provision for waiving the appeal fee for conditional use permits in residen- tial areas for people who receive a Certificate of Indigency. Answering questions from Mr. Hansen and Mr. Holmer, Ms. Brody said usually a decision to file an appeal must be made by the executive board of a neighbor- hood association. Time usually does not permit approval by the full membership. No public notice is required for executive board meetings. Res. No. 3981--A resolution concerning land use application fees; repealing Resolution No. 3452; and providing an effective date. Mr. Hansen moved, seconded by Mr. Holmer, to adopt the resolution subject to the following changes to Section 2: 1. The annexation fee will be waived for the area served by the River Road/Santa Clara sanitary sewer system only (for other areas, the annexation/zone change fee will be $520 for requests involving less than five acres and $770 for requests involving five or more acres), and 2. The fee for conditional use permits for owner-occupied day-care and group-care facilities in residential zoning districts will be 50 percent of the regular fee. Ms. Wooten said most group homes are not owner-occupied. She suggested "operator-occupiedll be substituted for lIowner-occupiedll and Mayor Obie accepted the change as an editorial one. The motion is: Mr. Hansen moved, seconded by Mr. Holmer, to adopt the resolution subject to the following changes to Section 2: 1. The annexation fee will be waived for the area served by the River Road/Santa Clara sanitary sewer system only (for other areas, the annexation/zone change fee will be $520 for requests involving less than five acres and $770 for requests involving five or more acres), and 2. The fee for conditional use permits for operator-occupied day-care and group-care facilities in residential zoning districts will be 50 percent of the regular fee. MINUTES--Eugene City Council June 9, 1986 Page 3 e Mr. Holmer said he will support the motion. He commended the Planning staff for the cost analyses and the attempt to base fees on the analyses. He said the cost analyses probably did not include enough of the overhead costs, however. He said the council indicated in 1974 that the City should recover 30 percent of the cost for residential applications and 60 percent of the cost for commercial applications. He said additional analyses should be made so that the council can increase fees with appropriate exemptions and waivers to recover more of the cost of the services. Ms. Wooten asked for the opinion of other councilors about how to deal with the problem of providing access to the appeal process for people with low incomes. Mayor Obie said the appeal fee should be waived for everyone if it is waived for neighborhood groups and people with low incomes. He wondered how the owners of small businesses would prove a need for the fee to be waived. Mr. Rutan agreed with Mayor Obie. Mr. Rutan discussed the appeal costs to the City and said fees should not be waived for special groups. Ms. Bascom said the City's income from appeals is small because there have been very few appeals. She favored waiving the fee for everyone. Mr. Miller said access to the appeal system should be available to everyone, but the City will not lose much if the appeal fee is waived for everyone. Ms. Ehrman agreed. Replying to a question from Mr. Holmer, Mr. Chenkin said there is no fee for appeals now. e Mr. Hansen moved, seconded by Mr. Holmer, to amend the motion to delete the fee for appeals from Section 2 of the proposed resolution. Roll call vote; the amendment carried unanimously, 7:0. Answering a question from Ms. Ehrman, Mr. Chenkin said Resolution 3981 sets fees for specific land use requests. The proposed ordinance addresses how the fees shall be changed in the future. Mr. Hansen said he opposes the increased fees because they will be higher than the fees in most other communities. He said increased fees may discourage people from investing in the city. Roll call vote; the motion carried 6:1 with Councilors Ehrman, Wooten, Holmer, Bascom, Rutan, and Miller voting aye and Councilor Hansen voting nay. CB 2884--An ordinance concerning land use fees; amending Sections 7.595, 7.610, 8.579, 8.820, 9.030, 9.035, 9.040, 9.154, 9.512, 9.516, 9.672, 9.690, 9.700, and 9.850 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. e MINUTES--Eugene City Council June 9, 1986 Page 4 e e e Mr. Hansen moved, seconded by Mr. Holmer, to amend the ordinance to restore the phrase IIresolution of the council II and delete the phrase lIan administrative rule of the city manager adopted in the manner prescribed in section 3.012 of this code.1I Mr. Holmer said fees for City services are of great concern to the public and the council should accept the responsibility for setting them. He will support the amendment. Responding to Ms. Bascom, Mr. Gleason said the council has many things to consider and it is difficult for councilors to find time to consider fee schedules as often as necessary. He said the council adopted a policy about fees, rates, and schedules. He recommended that the policy be implemented administratively. In that case, a pUblic hearing will be held, the findings will be available to the council, and a change in fees will be changed. Ms. Wooten said the council does not consider each of the other fees and rates charged by the City. She sees no reason why the council should review the land use fees. She will oppose the amendment. Mr. Miller said the council is adopting a policy of recovering a fair and equitable share of the costs of City services because the City has lost revenues. He said the council should consult with the City Manager about changes in fees. He did not fear permitting the City Manager to set fees. Mr. Gleason responded that the council has indicated that fees should be based on cost analyses. The council has not directed that a specific percentage of costs be recovered. Ms. Ehrman said the councilors do not have expertise in setting fees. She said they should consider what the community expects of volunteer councilors. Mr. Holmer read the Purpose and Section 14 of Section 9.850 of the proposed ordinance. He said they indicate that the City Manager may waive any fees for a particular class of applicants when it is in the public interest. He said he is not prepared to approve such a broad delegation of authority. Responding to a comment from Mr. Rutan, Mr. Gleason said the City Code contains several methods for setting fees. He said the proposed changes will increase consistency. Mr. Rutan said it is important that the council be involved in lithe pocketbook of the community. II He said fees are important enough for the council to consider because the council's charge from its constituency includes them. Mayor Obie said he has much faith in Mr. Gleason's judgment, but there will be other managers in the future. He said the council should decide whether a charge is a user fee or a tax. Answering a question from Ms. Wooten, Mayor Obie said the council should consider any changes to City charges over which the council has authority. Answering questions from Ms. Bascom, Mr. Gleason said the proposed ordinance concerns land use fees only. MINUTES--Eugene City Council June 9, 1986 Page 5 e e e Mr. Miller said the council will not relinquish control of fees if it sets the parameters within which the City Manager sets fees. Mr. Miller suggested all fees be reviewed annually by the council. He said it is important to separate policy making and administration. Mr. Hansen said guidelines for fees are appropriate but the council should review changes in fees. Mr. Holmer said the council should not delegate legislative authority completely to an administrative officer. Mr. Arnold said the only purpose of the proposed ordinance is to grant the City Manager the authority to change land use fees. If the council does not wish to grant the authority, the ordinance should not be adopted. Mayor Obie ruled that the motion to amend the motion is not valid. Mr. Gleason read the ordinance again and Mr. Hansen and Ms. Ehrman repeated the motion. Mr. Hansen urged the other councilors to support the motion so that the bill can be read a second time and a definitive decision made. Roll call vote; the motion carried unanimously, 7:0. Council Bill 2884 was read the second time by council bill number only. Mr. Hansen moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Mr. Miller said the council will not be oblivious to fee changes if the ordinance is passed. He said the council will continue to set policies. Roll call vote; the motion carried 4:3 with Councilors Miller, Bascom, Ehrman, and Wooten voting aye and Councilors Hansen, Holmer, and Rutan voting nay; the bill was declared passed (and became Ordinance No. 19386). Mayor Obie asked the City Attorney to prepare the necessary documents for a mayor's veto of Council Bill 2884 and present them to him within the time necessary for him to veto the approval. B. Annexation/Rezoning Request for Property Located North of Thomason Lane, East of River Road from County RA Suburban Residential District to City RA Suburban Residential District (City of Eugene: Parks and Recreation Department) (A/Z 86-1) (memo, map, background information distributed) City Manager Micheal Gleason introduced consideration of the annexation/ rezoning request. Jerry Jacobson gave the staff report. He said the request involved two small parcels which the Eugene Parks Department purchased from the State Highway Division in 1981. The parcels would have been used for the MINUTES--Eugene City Council June 9, 1986 Page 6 e Roosevelt Freeway which will not be constructed now. He said the land north and east of the parcels is within the city. He said the Parks Department will add the parcels to the West Skinner Butte Park or sell them for development. No ex parte contacts or conflicts of interest were declared. Mayor Obie opened the public hearing. There being no requests to testify, he closed the public hearing. Res. No. 3982--A resolution authorizing annexation of property located north of Thomason Lane, east of River Road to the City of Eugene and the Lane County Metropolitan Wastewater Service District. Final Order No. A/Z 86-1--A final order rezoning property located north of Thomason Lane, east of River Road from County RA Suburban Residen- tial District to City RA Suburban Residential District. Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolution and to approve Final Order No. A/Z 86-1 concerning property located north of Thomason Lane and east of River Road. Roll call vote; the motion carried unanimously, 7:0. e III. MINUTES AND FINDINGS OF HEARINGS OFFICIAL CONCERNING PUBLIC IMPROVEMENT PROJECTS (memo distributed) City Manager Michea1 Gleason introduced consideration of the Hearings Official's minutes and findings. City Engineer Bert Teitze1 gave the staff report. He said the Hearings Official held a public hearing on the public improvements which were initiated by petitions from the property owners. A. Sanitary Sewers to Serve Sterling Drive from Silver Lane to Silver Lane, Dalton Drive from Silver Lane to Sterling Drive, Escalante Street from Silver Lane to Sterling Drive, cul-de-sac at Silver Lea Court, and cul-de-sac North of Silver Lane Between Escalante Street and Sterling Drive (Job #2150) (findings; minutes distributed) B. Sanitary Sewers to Serve Highway 99 North from West Enid Road to 2,000 Feet Northwest, Enid Road from West Enid Road to Airport Road, and Along Airport Road from Enid Road 550 Feet East and 1,600 Feet West (Job #2236) (findings; minutes distributed) C. Alley Paving Between Oak Street and Willamette from 14th Avenue to 15th Avenue (Job #2237) (findings; minutes distributed) e MINUTES--Eugene City Council June 9, 1986 Page 7 . e e Mr. Hansen moved, seconded by Ms. Ehrman, to approve the Hearings Official Findings and Minutes of June 2, 1986, and to authorize the award of the contracts concerning: 1) sanitary sewers to service the Silver Lea Subdivision area; 2) sanitary sewers to service Airport Road and vicinity; and 3) alley paving between Oak and Willamette Street from 14th Avenue to 15th Avenue. Roll call vote; the motion carried unanimously, 7:0. Mayor Obie adjourned the meeting at 8:40 p.m. to June 11,1986. Respectfully submitted, ___~~~/;> ..~\/ 0.f......"'7 , /" /.. ;9;;;-~~;?2'-:"~'i7; ~P?':::-...er._..,., h' .~~.__ Micheal Gleason Ci ty Manager (Recorded by Betty Lou Rarick) BLR:db/MINS39 MINUTES--Eugene City Council June 9, 1986 Page 8