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HomeMy WebLinkAbout07/28/1986 Meeting (2) M I NUT E S e Eugene City Council City Council Chamber July 28, 1986 7:30 p.m. COUNCILORS PRESENT: Richard Hansen, Debra Ehrman, Emily Schue, Cynthia Wooten, Ruth Bascom, Roger Rutan, Jeff Miller. COUNCILORS ABSENT: Freeman Holmer. The adjourned meeting of July 21, 1986, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Brian B. Obie. 1. PUBLIC HEARINGS A. Downtown Commission Parking Program Recommendations (memo, background information distributed) Assistant City Manager Dave Whitlow introduced the item. Scott Luell of the Development Department gave the staff report. He said the intent of the recommendations of the Downtown Commission is to put the Downtown Parking Program on a sound financial footing. He said the council will take action e on the program on August 13, 1986. Mr. Lue 1 1 said the Downtown Commission recommended continuing the free, subsidized program, shifting the parking program from a tax-based system to a user based system, and changing the City Code to make downtown parking policies consistent. He said the Eugene Downtown Association suggested the gross receipts tax be increased from $2.50 to $3.50 per thousand to retain the free, subsidized parking program. Mayor Obie opened the public hearing. Anne Bennett, 979 Ferry Lane, represented the Downtown Commi ss i on. She said the Downtown Commission delegated a review of the parking program to a subcommittee. She said the downtown merchants told the subcommittee that the free program is important and they were willing to increase the gross receipts tax to retain it. She said the subcommittee and the Downtown Commission think it is important to initiate a user fee system. She urged approval of the recommendations. There being no additional requests to testify, Mayor Obie closed the public hearing. e MINUTES--Eugene City Council July 28, 1986 Page 1 B. Westside Plan Update/Related Metro Plan Amendment (memo, background information distributed) e 1. Westside Plan Update 2. Related Metro Plan Amendment Assistant City Manager Dave Whitlow introduced the discussion. Teresa Bishow of the Planning Department gave the staff report. She said the Westside Plan was adopted in 1977 and the update continues the emphasis on the residential character of the neighborhood in the original plan. She said the update better defines appropriate locations for residential, commercial, and institutional uses. She said the plan update will replace the original plan and will be a refinement of the Metro Area General Plan. Ms. Bishow said the plan update recognizes important changes in the neighborhood since 1977. She said residents received rehabilitation loans and traffic diverters were installed. Less positive changes have been the closure of Lincoln School and the Jefferson Pool. Ms. Bishow said the Planning Commission recommended approval of the update with the revisions as listed in Exhibit A. The commission also recommended approval of a Metro Plan amendment which would delete an asterisk west of Jefferson Street on the Metro Plan Diagram. She said the asterisk indicates mixed use but the refinement plan indicates residential uses for the area. She recommended the council tentatively adopt the update and the Metro Plan amendment. When the Lane County Board of Commissioners and the Springfield City Council approve the update and the amendment, they will be presented e to the council for final action. Mayor Obie opened the public hearing on the Westside Plan Update and the Metro Plan amendment. Jonathon Stafford, 1060 Madison, emphasized that the Westside neighborhood is a nice place to live. He said it is a developed neighborhood. He said about 13 percent of the neighborhood is zoned for commercial use but only about seven percent of it is used commercially. He said the future of the Westside neighborhood is connected to the vitality of the downtown. He said Westside residents try to prohibit the expansion of non-residential uses from the downtown to the neighborhood and try to stop speculative disinvestment in structures because it results in the deterioration of buildings. He said speculative disinvestment occurs when a building's use does not reflect its zoning. He emphasized the importance of having people 1 i ve in residentially zoned buil di ngs to maintain the residential character of the neighborhood. Mr. Stafford said the update strengthens the good thi ngs about the neighborhood and copes with the traffi c and the crime that cause neighborhood problems. He said the update provides certainty about future development in the neighborhood. He said it is essential that Lincoln School remain in public ownership and it is unlikely that the west side of e MINUTES--Eugene City Council July 28, 1986 Page 2 Jefferson Street will be redeveloped. He said an implementation priority in the update requi res a study of soci a 1 servi ces i nst i tut ions and the e update provides for some growth with development of alley access housing and block planning. Mr. Stafford said the Planning Commission recommended the deletion from the update of some "absolute" wording concerning the expansion of non- residential zoning districts at 11th Avenue and Chambers Street and on Seventh Avenue. However, the plan applies only to the Westside Neighborhood and many other planning documents take precedence over it. He recommended approval of the Westside Plan Update and the proposed Metro Plan amendment. Rick Ulrich, 1654 West 8th Place, said the refinement plan discourages the encroachment of non-residential uses into residential areas. He di scussed the expansion of Echo Spring Dairy on Chambers Street (Dutch Girl Ice Cream). He said the construction of a steel fence within which trucks park was done without the required site review. He said the refinement plan is meaningless if the construction is allowed to remain. There being no additional requests to testify, Mayor Obie closed the public hearing. Answering questions from Ms. Wooten, Mr. Stafford said neighborhood association members have indicated they can "live with" the deletion of the absolute wording. Answering a question from Ms. Wooten, Ms. Bishow said the construction e Mr. Ulrich testified about is in the Far West neighborhood. She said she will investigate the matter and report to Ms. Wooten. Answering a question from Ms. Bascom, Ms. Wooten said the plan update is a compromise but she thinks it adequately provides for an increase in density. She said public participation in the preparation of the update, especially during the "planning jam," was excellent, and the methods used to obtain it should be used when other refinement plans are updated. Mr. Hansen moved, seconded by Ms. Ehrman, to tentatively adopt the Westside Neighborhood Plan with the revisions in Exhibit A and the related Metro Plan Amendment. Mayor Obie suggested that the City.s vision be broadened to consider a park between Washi ngton and Jefferson streets between 13th to 6th or 7th avenues. He said it would provide a permanent buffer between the downtown and the Westside residential area. Roll call vote; the motion carried unanimously, 7:0. C. Revisions to Chapters 6, 7, and 9 of the Eugene Code (memos, ordinances, background information distributed) e MINUTES--Eugene City Council July 28, 1986 Page 3 Assistant City Manager Dave W~itlow introduced proposed revisions to chapters 6, 7, and 9 of the City Code. City Engineer Bert Teitzel and e Marsha Miller gave the staff report using slides. Mr. Teitzel distributed copi es of page 25 of the proposed ordi nance to substitute for the' page 25 in the ordinance because a definition of "Franchisee" was added. Answering a question from Mr. Hansen, Mr. Teitzel said the following sentence should be added to the new page 25: Public way. Any street, road, alley, right-of-way, pedes- Mr. Teitzel said most of the proposed revisions concerning foliage and nuisance abatement, assessments, and right-of-way uses are in chapters 6 and 7 of the code. A few changes are in chapters 4, 8, and 9. Ms. Miller said the changes to Chapter 6 streamline and simpl ify the nuisance abatement process and expand the conditions subject to abatement. Discussing the present abatement process and the proposed process, she said the Hearings Official will hear protests to Notices of Abatement if the revisions are approved. The counci 1 hears protests now. She sa i d the revisions will permit the City Manager or a designee to have a nuisance abated. The council must do that now. She said the revisions will allow the staff to be more responsive to citizens and to participate in yearly contracts for the removal of garbage and junk. Ms. Miller said the cost of abating a nuisance will be assessed to the property owner. If an objection to the assessment is filed, it wi 11 be heard by the Hearings Official. She said a person who fails to remove a nuisance can be prosecuted in Municipal Court and the revisions retain that e provision. Ms. Miller said the revisions add open and vacant structures, obnoxious vegetation, unused dri veways, and property owners I responsibility to maintain sidewalks to the list of things that are nuisances. The revisions also contain a time period for removing garbage, junk, and used vehicles and special provisions for people with low incomes. Discussing the revisions to Chapter 7, Mr. Teitze 1 revi ewed current problems with the Bancroft Loan Program and the proposed revisions. He said the City has foreclosed on 642 lots. In the past, Bancroft loans could be made for twi ce the assessed value of residential property. If the revisions are approved, Bancroft loans will be made for no more than the assessed value of the property. He said the Planning Commission recommended Bancroft loans be made for one-and-a-half of the assessed value of a property. Mr. Teitzel said the revisions permit the City to bear more of the cost of special improvements than is usually allowed if the council approves. The revisions also permit assessment of street lights. He said all existing assessment policies are retained in the revisions. e MINUTES--Eugene City Council July 28, 1986 Page 4 " Answering questions from Ms. Bascom, City Attorney Keith Martin said vehicles parked in front of occupi ed dwe 11 i ngs must be tagged and e identified as potentially abandoned according to State law. After fi ve days the vehicles can be removed. If the vehicle is a traffic hazard, it can be removed immediately. Ms. Miller said a yellow, currently licensed bus owned by a property owner can be parked on the property if it is not in the front yard setback. She said there are no changes to alley regulations. Mr. Miller asked about City policies for dealing with nuisances on City- owned property. Mr. Martin replied that citizens may not make claims against the City if vegetation is not cut on City-owned property. Mr. Teitzel said the City had a problem this year with weed abatement because of a slow start and a change in contractors. Mr. Miller said people complain about the City not cutting vegetation on City-owned property. He suggested the City start cutting vegetation on City-owned property before June 15 even though the vegetation will have to be cut twi ce. He said the City should set a good example. Replying to a question from Mayor Obie, Mr. Teitzel said developers now may recei ve Bancroft loans for double the assessed value of residential property. The revisions will permit Bancroft loans only for the assessed value of properties. Answering a question from Ms. Ehrman, Ms. Miller said about 90 percent of the problems caused by unsafe building are solved without going through the abatement process. e Mayor Obie opened the public hearing. Wanda Simmons, 1183 Skipper, said she lives in the River Road area. She said the Amazon Floodway needs attention. Mayor Obie suggested Ms. Simmons call the City Manager1s office. There being no additional requests to testify, Mayor Obie closed the public hearing. CB 2894--An ordinance concerning assessment, right-of-way, foliage, and nuisance abatement provisions; amending, adding, and repealing sections of the Eugene Code, 1971; declaring an emergency and providing an effective date. CB 2895--An ordinance concerning assessment of real property; and amending Section 9.040 of the Eugene Code, 1971. Mr. Hansen moved, seconded by Ms. Ehrman, that the bills be read the second time by council bill numbers only, with e MINUTES--Eugene City Council July 28, 1986 Page 5 unanimous consent of the council, and that enactment be considered at this time. e Mr. Hansen noted the substitute for page 25 in Council Bill 2894 and the retention of the last sentence on the old page 25. Roll call vote; the motion carried unanimously, 7:0. Council Bills 2894 and 2895 were read the second time by council bi 11 numbers on ly. Mr. Hansen moved, seconded by Ms. Ehrman, that the bills be approved and given final passage. Ro 11 ca 11 vote; all councilors present voting aye, the bills were declared passed (and became Ordinances 19393 (CB 2894) and 19394 (CB 2895). II. RESOLUTION CONCERNING DUTCH ELM DISEASE (memo, resolution distributed) Assistant City Manager Dave Whitlow introduced the discussion. Parks and Recreation Department Director Ernie Drapela gave the staff report. He said there is an outbreak of Dutch Elm disease in the community. He sa i d the disease kills elm trees and weakens other trees. The disease cannot be cured and infected trees must be destroyed by experts to protect other trees. Mr. Drapela said the Oregon Department of Agriculture has jurisdiction over e the Dutch Elm disease outbreak and Eugene officials agreed to monitor and control the outbreak within the city as much as possible. If the outbreak spreads, Lane County or State officials will have to take jurisdiction. Mr. Drapela said trees on private property may become infected; therefore, he recommended approval of the proposed ordinance. He said the City will remove the debris of infected trees on private property but the City will not be able to remove stumps after they are treated. He said the City will plant new trees when possible, if the property owner provides them. Answering a question from Ms. Ehrman, Mr. Drapela said he hopes the City can control the disease by removing ten to twenty trees a year. In that case, a supplemental budget will not be needed although a staff member has been removed from another project to monitor the disease. Replying to questions from Ms. Wooten, Mr. Drapela said Parks Department officials will monitor university research on the disease. He said City officials have had excellent cooperation from the publ ic. Laboratory results are shown to tree owners. He said stumps of infected trees are removed from public property. Responding to questions from Ms. Bascom, Mr. Drapela said adequate information about the cost of removing infected trees is not available yet. e MINUTES--Eugene City Council July 28, 1986 Page 6 He said infected trees wi 11 qe removed from pri vate property wi thout charge. e Answering questions from Mr. Hansen, City Attorney Keith Martin said the City Code gives City officials authority to inspect nuisance on private property and the proposed ordinance will declare the Dutch Elm disease a nuisance. Mr. Drapela said the proposed ordinance does not require City staff to plant a tree on private property when an infected elm is removed. The City will do so only when time permits. Mr. Hansen said infected trees will die and are a hazard and the City will remove them without charge. He did not think City staff should plant replacement trees. Res. No. 3993--A resolution declaring Dutch Elm disease to be a public nuisance and authorizing the abatement. Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolution. Ms. Wooten said the City staff should plant trees provided by property owners when time allows. Roll call vote; the motion carried unanimously, 7:0. III. RESOLUTION CONCERNING STATE OF OREGON LOTTERY FUNDING (memo, -- resolution distributed) Assistant City Manager Dave Whitlow introduced consideration of a resolution concerning funds from the State of Oregon Lottery. Carol James of the Finance Department gave the staff report. She said the council authorized an application for a loan and a grant from State lottery funds in December 1985. The loan and grant are for infrastructure improvements at Mahlon Sweet Airport. Ms. James said the proposed resolution authorizes receipt of a grant of $388,200 and a loan of $585,000. The loan is for five-percent interest and will be repaid over a IS-year period. Answering a question from Ms. Ehrman, Ms. James said the Financial Assistance Award Contract which has been worked out with State lottery officials specifies that the council must approve the proposed resolution. Res. No. 3994--A resolution approving and accepting State of Oregon infrastructure program financial assistance award and loan, and authorizing execution of documents. e MINUTES--Eugene City Council July 28, 1986 Page 7 Mr. Hansen moved"seconded by Ms. Ehrman, to adopt the resolution. Roll call vote; the motion carried e unanimously, 7:0. IV. FORMULATION OF MILL AND ELEVATOR TASK TEAM (memo distributed) Assistant City Manager Dave Whitlow introduced consideration of a Mill and Elevator Task Team. Planning Director Susan Brody gave the staff report. She said the Planning Commission overturned a decision of the Historic Review Board and allowed the Eugene Water and Electric Board (EWEB) to proceed with demolition of the Eugene Mill and Elevator Building which is a City historic landmark. Approval of the demolition specified that the building should not be demolished before October 21. She said the Planning Commission recommended that a Task Force be formed to consider ways of preserving the building by moving it from its present site. She suggested the Task Force be directed to finish its work by October 15, 1986. Ms. Wooten said the Downtown Commission was interested in the Mill and Elevator building. She suggested a member of the Downtown Commission be appointed to the Task Team. Ms. Brody said the suggestion was appropriate. Ms. Ehrman asked Ms. Brody to convey to EWEB officials her appreciation of their offer to delay demolition until October 21. Mr. Hansen said it is not necessary to form another group to consider preserving the Mill and Elevator building. He said he did not think the e staff time spent on the group would be warranted. Mr. Hansen moved, seconded by Ms. Ehrman, to authorize forming a task team that will include a member of the Downtown Commission as well as the members recommended in the July 23, 1986, memo titled IIMi 11 & El evator Task Teamll and which will finish its work by October 15,1986, to explore possibilities of moving the Mill and Elevator Building to another site in order to preserve and reuse it. Roll call vote; the motion carried 5:2 with Councilors Schue, Wooten, Bascom, Miller, and Ehrman voting aye and Councilors Hansen and Rutan voting nay. V. INITIATIVE PETITION ON NUCLEAR-FREE ZONE (memo, petition distributed) Assistant City Manager Dave Whitlow introduced the item. City Recorder Karen Goldman gave the staff report. She said the Lane County Elections Division verified that 5,756 signatures were collected on an initiative petition to place a measure on the November 4, 1986, genera 1 election ballot. If approved, the measure would designate Eugene a nuclear-free zone. Only 5,522 signatures were required. e MINUTES--Eugene City Council July 28, 1986 Page 8 Ms. Goldman said she was presenting the initiative petition to the council for the council's information because the City Code indicates such e petitions should be presented to the council at its next regular meeting that is 90 days prior to the election. She said Councilor Holmer requested that the council not take action on the petition until he could be present. Ms. Goldman said the council may pass an ordinance enacting the measure, place the measure and an alternative measure on the ballot, or do nothing. She said a resolution and an ordinance calling for the November 1986 election will be presented to the council for discussion and action on August 13, 1986. Answering questions from Mayor Obie, Ms. Goldman said the last date for placing a measure on the November 4 ballot is September 4 and the council does not have a meeting scheduled between August 13 and September 4. City Attorney John Arnold said the City Code indicates that the measure will be placed on the ballot if the council does not act on it. Summarizing, Ms. Wooten said the council is not required to take action on the petition. In that case, the measure will be placed on the ballot. Replying to a question from Ms. Ehrman about nuclear facilities outside the city limits, Mr. Arnold said the ballot measure would apply only within the city 1 i m its. Answering a question from Ms. Bascom, Mr. Whitlow said the City Attorney will review the ballot measure and inform the council on August 13th of its effect on the Riverfront Research Park if it is approved. e VI. WATER RESCUE Mr. Hansen said he and Ms. Wooten asked the staff to prepare a supplemental budget to provide for water rescues by Eugene personnel. Ms. Schue said she supports council consideration of the matter. Mr. Whitlow suggested the supplemental budget be presented to the Budget Committee in September because the council established a practice of referring water rescue issues to the Budget Committee. Mr. Hansen said the supplemental budget will not be large and he did not think the council should wait for the Budget Committee to meet before considering the matter. Mayor Obie said the supplemental budget should be presented to the council because two counci lors had requested it. Mr. Whitlow said it will be scheduled for consideration on August 13th. Ms. Ehrman suggested a memo be sent to the Budget Committee informing members that the council will consider the supplemental budget. e MINUTES--Eugene City Council July 28, 1986 Page 9 At 8:45 p.m., Mayor Obie adjour~ed the meeting to August 6, 1986. e Respectfully submitted, Micheal Gleason City Manager (Recorded by Betty Lou Rarick) mncc0728 e e MINUTES--Eugene City Council July 28, 1986 Page 10