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HomeMy WebLinkAbout04/27/1987 Meeting (2) M I NUT E S e Eugene City Council City Council Chamber April 27, 1987 7:30 p.m. COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Emily Schue, Cynthia Wooten, Ruth Bascom, Roger Rutan. COUNCILORS ABSENT: Jeff Miller, Rob Bennett. The adjourned meeting of April 22, 1987, of the City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. STRIKE OF SCHOOL DISTRICT 4J TEACHERS Mayor Obie said he had talked to City Councilors about the strike of School District 4J teachers and he would like to share his thoughts as well as the thoughts of the councilors. He said the weather seemed beautiful this morning but it is the 20th day since the Eugene teachers' strike began. e Mayor Obie said, "Neither I nor the City Council have taken sides in this issue--nor do we intend to. But today1s events reached a new threshold and caused a new level of community-wide concern. This morning's events at Churchill High School are an example of the turmoil we are in. One person was injured and there remains a potential as we move throughout the week for more violence and serious injury to others. liThe issue has grown from one of contract negot i at ions to a community-wi de concern about public safety. To attest to that, you would only have to be at the other end of my phone today at the Mayor's Office. While we do not want to intervene in the details of negotiations, we must insist that a settlement be reached. "We call on both parties to come back to the bargaining table and, within the next two days, reach a mutual settlement. Thi s stri ke shaul d and can be settled and it can and should happen before school opens Wednesday morning. "Earlier this month, I called upon both the leaders of School District 4J and the Eugene Education Association to reach a contract agreement and avoid a strike. Five negotiating sessions have occurred since that time. While I understand that some progress has been made, a settlement has not not yet been reached--and more important--not one proposal has gone to the school board or the teachers for their vote. Wednesday, if something is not done, we will reach another painful threshold when schools reopen. Again, the potential ;s great for tempers to flare and serious injury to happen. e MINUTES--Eugene City Council April 27, 1987 Page 1 e "Tonight, 11m calling upon the entire community--teachers, school administrators, parents, and students, and everyone concerned--to keep their collective cool and to behave within the laws of the city and state. This dispute, we must remember, will not be settled at the picket lines. It will only be settled at the negotiating table. liOn behalf of the community, I now call for negotiations between the Eugene Education Association and the Eugene School Board to resume by tomorrow afternoon. This negotiation session must result in a fair settlement for the district, the teachers and the community. If a settlement is not achieved, this community should have a full public explanation by both parties as to why this contract is still not resolved. "Specifically, we are asking the two negotiating teams to meet, beginning at 5:30 p.m. Tuesday. In addition, we ask that the School Board and the members of the Eugene Education Associ at i on IS Executive Board to come to the conference center and be available to meet with their respective negotiating teams. This council and I will be there to represent the deep concerns of this community. e "I would like to clarify that in asking the Executive Committee of the union and the school board to be there we are not asking them to violate their principles of negotiation. It is my request that they be available in adjacent rooms so they can caucus with their respective parties. I have discussed this proposal with the council and with John Vale, the state mediator, and he has indicated he will be available. Most importantly, he believes the parties can resolve this dispute. "We need our schools. That I s why we pay our taxes. Enough posturi ng has occurred. We must set form aside and deal with substance. We need this settlement. This community needs this settlement now. "Good public education is our foundation of the future. We call upon the negotiating teams to bring harmony once again to our community. We ask each person--union and school board representative alike--to enter these negotiations with one goal: and that goal is to settle this disagreement before our kids cross the picket lines on Wednesday morning. "This memorandum is going to the respective parties. Both of them have indicated preliminary agreement to meet starting late tomorrow afternoon as has the mediator. The councilors and I will be on hand to represent this community's deep concern for a fair settlement and one that happens tomorrow-- not at a 1 ater date. II II. PUBLIC HEARING: FLOODPLAIN CODE REVISION--MOBILE HOMES (CA 87-6) City Manager Micheal Gleason introduced the item. Terry Jones of the Planning Department gave the staff report. She said the proposed amendments are mandated by the Federal Emergency Management Agency (FEMA) which manages a national flood insurance program. She said Eugene participates in the program because there is development within the City that is within the Willamette e MINUTES--Eugene City Council April 27, 1987 Page 2 River floodplain. The City must adopt the regulations required by FEMA to continue to participate in the insurance program. . Ms. Jones said the code revisions indicate that mobile homes that replace existing units in mobile home parks will have to be installed one foot above the floodplain and be on a permanent foundation. She said the Lane County Board of Commissioners and the Springfield City Council are adopting similar regulations. Discussing the urban services transition program. Ms. Jones said the City will be administering the proposed regulations in Glenwood where about 200 mobile homes will be affected by it. She said the Building Division will administer the regulations. Answering questions from Mr. Holmer. Ms. Jones said owners of mobile homes that are not in mobile home parks or subdivisions can participate in the FEMA insurance program. She said the City does not permit mobile homes on lots outside of mobile home parks and subdivisions. Replying to questions from Ms. Bascom and Mr. Rutan. Larry Reed. Manager of the Building Safety Division, said the permanent foundation required in the proposed regulations will be defined by Eugene as the support required by the mobile home manufacturer. He said homes may be at different heights within a mobile home park. He said similar regulations apply to conventionally built homes. He said mobile homes that are in mobile home parks now will not have to be changed and the streets, sewers, or pads will not have to be changed. The proposed regulations will not affect people who buy existing mobile homes. e Replying to questions from Ms. Ehrman, Mr. Reed said modular units conform to the State Building Code but mobile home units conform only to Federal construction standards. The proposed regulations will apply to the replacement of existing mobile homes. Mayor Obie opened the public hearing. He said councilors read an April 3, 1987, letter from Jacob Clifton. There being no requests to testify, Mayor Obie closed the public hearing. CB 2960--An ordinance concerning floodway regulations; amending Sections 9.015, 9.604, 9.606. and 9.607 of the Eugene Code, 1971; and declaring an emergency. Ms. Ehrman moved. seconded by Mr. Holmer. 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, 6:0. Council Bill 2960 was read the second time by council bill number only. e MINUTES--Eugene City Council April 27, 1987 Page 3 e Ms. Ehrman moved, seconded by Mr. Holmer, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19466). Mayor Obie changed the order of the agenda. He said the council will consider changes to the condominium conversion ordinance (Item VI) now to accommodate people in the audience. III. PROPOSED REVISIONS TO THE CONDOMINIUM CONVERSION ORDINANCE (CA 85-4) City Manager Micheal Gleason introduced the item. Robin Johnson, a consultant to the Planning Department, gave the staff report. She said proposed changes to the condominium conversion ordinance were reviewed by the council on April 8, 1987. At that time, councilors approved tentative changes to the tenant protections in the ordinance. She said the council indicated that people 70 years of age and older who have incomes of 80 percent or less of the median income will be classified as elderly and able to receive benefits given to special category tenants. However, the staff and some councilors questioned whether the council intended to add an income restriction to the classification of elderly. Therefore, the draft ordinance before the council does not include an income restriction for elderly tenants. Ms. Johnson said the draft ordinance indicates three groups of people may be classified as special category tenants. They are: e 1. People who are 70 years of age or older. 2. People who have incomes that are 80 percent or less of the median income. 3. People who are disabled. Ms. Johnson said the draft ordinance indicates that special cateogry tenants may be reimbursed for the actual cost of moving or the actual cost of moving may be paid by the developer on behalf of the tenant when the move occurs. Answering a question from Mayor Obie, Ms. Johnson reviewed a letter to the council from Charles Strong. She said the draft ordinance addresses Mr. Strong's concern about the income restriction for elderly people. Mayor Obie said Mr. Strong asked to address the council this evening but the council is not holding a public hearing on this issue. Mayor Obie said Mr. Strong's letter was read by the councilors and addressed by the staff. Ms. Wooten said she understood that the draft ordinance indicates that all people 70 years of age and older will be classified as special category tenants. Ms. Johnson said Ms. Wooten's observation is correct. e MINUTES--Eugene City Council April 27, 1987 Page 4 e Ms. Ehrman said the draft ordinance correctly reflects the council's intent to provide the benefits available to special category tenants to all people 70 years of age or older regardless of income. CB 2963--An ordinance concerning condominium conversion; amending Sections 2.1060, 2.1062, 2.1064, 2.1066, 2.1070, 2.1074,2.1076, 2.1078, 2.1080, 2.1082, 2.1084, and 2.1990 of the Eugene Code, 1971; and 2.1990 of the Eugene Code, 1971; repealing Sections 2.1068 and 2.1072 of that code; and declaring an emergency. Ms. Ehrman moved, seconded by Mr. Holmer, 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, 6:0. Council Bill 2963 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Mr. Holmer, that the bill be approved and given final passage. Mr. Holmer said he will oppose the motion. He said he favors retaining the protections in the existing ordinance because the proposed changes do not deal adequately with the problem of people being displaced for various reasons. e Ms. Ehrman said she is not comfortable with the requirement that people be 70 years of age or older to be classified as elderly but she did not receive much negative comment from the public on that requirement. Consequently, she will vote for the motion. Roll call vote; the motion carried 5:1 with Councilors Ehrman, Schue, Wooten, Bascom, and Miller voting aye and Councilor Holmer voting nay. The bill was declared passed (and became Ordinance No. 19469 without an emergency clause). Mayor Obie thanked the people who expressed their views about the ordinance. He said their participation was productive. IV. PUBLIC HEARING: CODE AMENDMENT--COMMUNITY THEATERS (CA 87-2) City Manager Micheal Gleason introduced the item. Teresa Bishow gave the staff report. She said the purpose of the proposed amendment is to recognize the Very Little Theater at 24th Avenue and Hilyard Street as an existing use and to permit improvements to the facility. She said the property is zoned R-1 Low-Density Residential District and the theater is a non-conforming use now. Ms. Bishow said the proposed code amendment specifies that a conditional use permit may be issued for the continued operation and expansion of existing e MINUTES--Eugene City Council April 27, 1987 Page 5 e community theaters if they are operated by a non-profit entity, if they exist on April 27, 1987, and are located on residentially zoned property, and if their primary use is to stage live theatrical performances. Answering questions from Mr. Rutan Ms. Bishow said the staff investigated other theaters in the city and believes the proposed amendment would not apply to any other theater. For example, the amendment would not apply to the Woodmen of the World (WOW) Hall because it is zoned commercially. Mayor Obie opened the public hearing. Jim Saul, 111 West 7th Avenue, said he represented the Very Little Theater Board of Directors. He urged the council to approve the amendment. There being no additional requests to testify, Mayor Obie closed the public hearing. Ms. Ehrman said the Very Little Theater is an asset to the community and conforms we 11 to the nei ghborhood. She said the improvements will not necessitate additional parking. Mr. Holmer said he favors the Very Little Theater but he does not like legislation that refers to organizations existing on a specific date. Ms. Bascom said she favors the activities of the Very Little Theater. e CB 2961--An ordinance concerning zoning regulations; amending Sections 9.384 and 9.386 of the Eugene Code, 1971; and declaring an emergency. Ms. Ehrman moved, seconded by Mr. Holmer, 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, 6:0. Council Bill 2961 was read the second time by council bill number only. Ms. Ehrman moved, seconded by Mr. Holmer, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19467). V. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED ON THE WEST SIDE OF RIVER ROAD, NORTH OF SANTA CLARA AVENUE AND SOUTH OF IRVING ROAD (AUFEROTH) (AZ 87-3) City Manager Micheal Gleason introduced the item. Cathy Czerniak of the Planning Staff gave the staff report. She said Tax Lot 1700 has 1.1 acres. It is contiguous to the city limits and urban services can be provided to it. There are seven duplexes and a single-family dwelling used for an office on e MINUTES--Eugene City Council Apri 1 27, 1987 Page 6 e it. At the present time, the owners do not plan to redevelop the property. She said the staff recommended and the Planning Commission approved a zone change to the R-2110A Limited Multiple-Family Residential District with a density limitation of ten units per acre for Tax Lot 1700. She said existing uses will be permitted to continue if the R-2/10A zone is approved. Ms. Czerniak said Stanley Auferoth testified at the Planning Commission hearing that he applied for the annexation and rezoning of Tax Lot 1700 because of incentives in the City's annexation and tax deferral program. Answering questions from Mr. Holmer and Mr. Rutan, Ms. Czerniak said only the Eugene Water & El ectri c Board supp 1 i es water to the Santa Cl ara Water District. She said this is a council-initiated annexation because the triple- majority procedures cannot be used now. The applicant does not pay a fee for council-initiated annexations. City Attorney Tim Sercombe said the council initiates the annexation before the Lane County Boundary Commission. Replying to a question from Ms. Ehrman about the annexation program, Ms. Czerniak said the City waives an annexation fee and pays the Boundary Commission fee. No ex parte contacts or conflicts of interest were declared. Mayor Obie opened the public hearing. e There being no requests to testify, Mayor Obie closed the public hearing. Res. No. 4038--A resolution furthering annexation to the City of Eugene and the Lane County Metropolitan Service District for property located on the west side of River Road, north of Santa Clara Avenue and south of Irving Road. Final Order No. AZ 87-3--A final order rezoning property located on the west side of River Road, north of Santa Clara Avenue and south of Irving Road from County County RG to City R2-10-A and applying the Residential Sign District. Ms. Ehrman moved, seconded by Mr. Holmer, to adopt the resolution and Final Order No. AZ 87-3 concerning property located on the west side of River Road, north of Santa Clara Avenue and south of Irving Road. Roll call vote; the motion carried unaniously, 6:0. e MINUTES--Eugene City Council April 27, 1987 Page 7 e e e VI. PUBLIC HEARING: SPRINGFIELD METROPOLITAN PLAN DIAGRAM AMENDMENTS City Manager Michea1 Gleason introduced the item. Cindy Pappas of the Planning Department gave the staff report. She said the City of Springfield initiated three groups of amendments to the Metropolitan Area General Plan Diagram. The mid-Springfield amendments and the Q Street amendments implement refinement plans for downtown Springfield and the Q Street area. The third group would change the designation of 32 acres on the Plan Diagram from Low- Density Residential to Parks and Open Space to permit construction of the John Lively swimming pool in the Thurston area. Answering questions from Mr. Rutan, Rob Lilley of the Springfield Planning Department reviewed technical amendments concerning downtown Springfield that reflect existing land uses. He said there is no change in the total amount of industrially designated land although about 32 acres of property designated Light-Medium Industrial will be changed to Heavy Industrial. He said approval of the amendments will result in an increase in commercially designated land in the Q Street area. Replying to questions from Mr. Holmer, Mr. Lilley reviewed technical Metro Plan information regarding the projected need for commercial and industrial land, commercial and industrial land allocations, and the difference between them. He also said the proposed amendments would result in an increase of 31.3 acres of heavy industrial land and a decrease of 34.84 of light-medium industrial land. Mayor Obie opened the public hearing. Harry Taylor, 2511 Lamb Road, Elmira, said he represented the Hayden Corporation. He urged approval of the amendments for the Q Street area. He said the Hayden Corporation plans to develop a community commercial shopping center on about ten acres in the area. He discussed the advantages of the property and said the development will be consistent with the Metro Plan policies. There being no additional requests to testify, Mayor Obie closed the public hearing. CB 2962--An ordinance adopting the Springfield Metropolitan Plan amendments. Ms. Ehrman moved, seconded by Mr. H~lmer, 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, 6:0. Council Bill 2962 was read the second time by council bill number only. MINUTES--Eugene City Council Apri 1 27, 1987 Page 8 e e e Ms. Ehrman moved, seconded by Mr. Holmer, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19468). VII. PUBLIC HEARING: EUGENE BIKEWAYS MASTER PLAN ANNUAL REVIEW FOR 1987 City Manager Micheal Gleason introduced the item. Diane Bishop of the Public Works Department gave the staff report. She said no changes in the Bikeways Master Plan are suggested this year. Answering a question from Ms. Ehrman, Ms. Bishop said the annual review of the Bikeways Master Plan enables the Bicycle Committee to solicit comments from neighborhood groups. She said the committee will review the Glenwood Refinement Plan next year and probably will recommend changes to the Bikeways Master Pl an. Ms. Bascom said the review process is important because it assures that necessary changes can be made. Mayor Obie opened the public hearing. There being no requests to testify, Mayor Obie closed the public hearing. Ms. Ehrman moved, seconded by Mr. Holmer, to approve the annual review of the Eugene Bikeways Master Plan for 1987. Roll call vote; the motion carried unanimously, 6:0. VIII. 5TH AVENUE/ALMADEN INTERIM MEASURES City Manager Micheal Gleason introduced the item. Nathan Duke of the Public Works Department gave the staff report. He said the council considered a test diverter at the intersection of 5th Avenue and Almaden Street in January 1987. At that time, councilors expressed concern about traffic in the 5th Avenue/Almaden Street area this summer during the widening of 6th Avenue. Therefore, the staff recommended the interim measures before the council. Mr. Duke said the staff held an information session for neighborhood people and most of them favor the interim measures. Ms. Ehrman moved, seconded by Mr. Holmer, to authorize the installation of temporary half-diverters on the east side of Almaden Street at 4th and 5th avenues and to authorize the installation of "NO THROUGH TRUCKS" signs at locations appropriate for prohibiting through trucks on 5th Avenue from Blair to Almaden. Roll call vote; the motion carried unanimously, 6:0. MINUTES--Eugene City Council April 27, 1987 Page 9 e e e IX. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENT TO TREE AND BEAUTIFICATION COMMISSION Mayor Obie said he made the following appointment to the Tree and Beautification Commission: Elaine Bernat................... .term: indefinite X. CITY COUNCIL MINUTES OF MEETINGS OF FEBRUARY 2, 1987, AND FEBRUARY 18, 1987; DINNER/WORK SESSION AND MEETING OF FEBRUARY 23, 1987; AND MEETINGS OF MARCH 9, 1987, AND APRIL 15, 1987 Ms. Ehrman moved, seconded by Mr. Holmer, to approve the City Council minutes of February 4, 1987, February 18, 1987, 1987, February 23, 1987. March 9, 1987, and April 15. 1987. Roll call vote; the motion carried unanimously. XI. LETTER REGARDING FERNRIDGE BIKEPATH Ms. Bascom asked the council to approve a letter from Mayor Obie and Council President Ehrman to Matt Rea, a Planner with the U.S. Army, Corps of Engineers. The letter concerned the Fernridge Bikepath. Mr. Holmer said he would like the letter to be more specific than the draft submitted to the councilors. Mr. Rutan said he suggested a change and an additional paragraph to the letter that identify specific issues and solutions. Answering a Question from Mr. Holmer, he said a letter to the Lane County Board of Commissioners ;s not needed. Ms. Ehrman suggested a copy of the letter be sent to the Lane County Board of Commissioners. The councilors approved the letter by consensus. Mayor Obie adjourned the meeting at 8:20 p.m. (Recorded by Betty Lou Rarick) mncc0427 MINUTES--Eugene City Council April 27, 1987 Page 10