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HomeMy WebLinkAbout07/22/1987 Meeting M I NUT E S e Eugene City Council Council Chamber--City Hall July 22, 1987 Noon COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Emily Schue, Cynthia Wooten, Ruth Bascom, Jeff Miller, Rob Bennett. COUNCILORS ABSENT: Roger Rutan. The adjourned meeting of June 13, 1987, of the City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. 1. ITEMS FROM COUNCIL, MAYOR, AND CITY MANAGER A. City Contract with Mention Hanns Hellesvig Mayor Obie said the Mayor and councilors received a letter from the firm of Mention Hanns Hellesvig concerning a contractual dispute with the City. The letter asked the Mayor and councilors to become involved in the dispute. Mayor Obie said he asked the ,staff to draft a letter to Mention Hanns Hellesvig stating that the City charter prohibits the Mayor and City Council . from being involved in City contract negotiations. Such involvement could create financial liability for the councilors. Mayor Obie said he affirmed to the City Manager that the manager's task is to get the Mahlon Sweet Airport expansion constructed on time and within the budget. Mayor Obie asked if the councilors wanted to add to his comments. None of the councilors did. Mayor Obie said Robert Mention was in the audience but the airport expansion was not on the council's agenda today. Mayor Obie said the council has Public Forums periodically when citizens can address the council. B. The Grateful Dead/Dylan Concert Ms. Ehrman said the Grateful Dead/Dylan concert went well on July 19, 1987, and people who came to Eugene for the concert helped the city's economy by spending money here. She thanked University of Oregon officials for their excellent preparation for the crowd. Mayor Obie said the concert provided a good opportunity for Eugeneans and others to enjoy the community. He said the event was managed very well. He said he appreciated University of Oregon officials accepting responSibility for security. e MINUTES--Eugene City Council July 22, 1987 Page 1 C. Friends of the Owens Rose Garden Newsletter e Ms. Bascom said councilors received copies of the Friends of the Owens Rose Garden Newsletter which is sponsored by the Eugene Parks Foundationt Inc. D. 7th Avenue Ms. Bascom said several business owners and managers responded to the City's request to plant flowers in front of their properties on West 7th Avenue. Later in the meetingt Ms. Ehrman asked about the brick pedestrian crossings on 7th Avenue and said she would like a list of them. E. July 13t 1987t Hearing on Urban Renewal Plan Update Ms. Bascom said the council's hearing on the Urban Renewal Plan Update on July 13 t 1987t presented an opportunity to educate some people about such things as downtown security and retail management. She said she would like the staff to help her respond to some of the people who testified. She asked for comments from other councilors. Mr. Holmer said the testimony raised many issues. He said it wo u 1 d be premature and an unconstructive use of staff time to respond before the council has considered the issues. Replying to comments from Ms. Schue and Ms. Ehrmant Assistant City Manager . Dave Whitlow said the City Manager's office acknowledged receipt of all written correspondence and in the acknowledgment described the process the e council will be following. Mayor Obie said councilors may respond on their own behalf to any testimony. F. Downtown Revitalization Ms. Schue said Ed Whitelaw told her he has information about the revitalization of downtown malls that could be of interest to the councilors. She wondered if the other councilors would like the information. Mayor Obie suggested Mr. Whitelaw submit the information in writing. Mayor Obie discouraged the council from receiving information from only one person in a public meeting. Ms. Wooten said she would like to talk to Mr. Whitelaw. She suggested the interested councilors contact him. G. Ordinance Banning Demonstrations at City Council Meetings Mr. Mi 11 er suggested the council consider the constitutionality and enforcement of the ordinance that bans signs and demonstrations at council meetings. He said no one should be in jeopardy because of the ordinance. e MINUTES--Eugene City Council July 22 t 1987 Page 2 Mayor Obie directed that the issue be put on the agenda for a council work session. e H. Anti-Discrimination Ordinance Mr. Mill er suggested the counci 1 review the City.s anti-discrimination ordinance. Responding to his question, City Attorney Tim Sercombe said the law recently passed by the Lane County Board of Commissioners does not apply within the city limits. He said Eugene has an existing ordinance that applies to discrimination in public accommodations, employment, and housing. It outlaws discrimination on the basis of race and other factors. It was adopted in 1975. He said the Human Rights Commissions monitor discrimination and the City prosecutes offenses in Municipal Court. Mayor Obie said the Human Rights Commissions are staffed by the Intergovernmental Relations Division. He said Jody Miller, manager of the division, told him budget constraints have made staffing difficult. He asked Ms. Mill er to di scuss joi nt staffing with Springfield and Lane County officials to monitor human rights in the metropolitan area. Mr. Miller said the ordinance should be publicized. He agreed with Mayor Obie's suggestion about staffing. Mr. Miller said it is very important to adequately fund such a program. I. Art Objects and Conference in Spain, Preparations for Olympics Mr. Holmer discussed his recent trip to Spain. He displayed two photographs e of ceramic frogs. He discussed a seminar about public works he attended in Barcelona. He said representatives of the Generalitat de Catalunya declined to participate in the seminar because of changes in the relationship between the city and county. Mr. Holmer said Barcelona will be the site of the 1992 Olympics if preparations are successful. He discussed the difficulty of building an Olympic Village on the chosen site. He said the Eugene/Springfield community better start planning if it wants to host the 1998 Olympics. He presented a Spanish medal to Mayor Obie in honor of the Mayor's Walk on July 4, 1987. J. Conflicts of Interest About Urban Renewal Plan Update Mayor Obie said he and Mr. Bennett declined to participate in the public hearing on July 13, 1987, on the Urban Renewal Plan Update because of possible conflicts of interest. Mayor Obie said the only conflict of interest he might have concerns openi ng Will amette Street between 8th and 10th avenues to vehicles. He said he would 1 i ke to participate in the deliberations concerning the rest of the plan update. Mr. Bennett said he also would like to participate in the deliberations about the rest of the plan update. He said the council must decide if the issues in the plan can be separated. e MINUTES--Eugene City Council July 22, 1987 Page 3 Ms. Schue said a separation seems logical. No councilors disagreed with her. e Mayor Obie directed the staff to consider separating the issue of opening Willamette Street to vehicles from the rest of the Urban Renewal Plan Update and to consider possible conflicts of interest. Mr. Holmer asked the staff to consider the legal questions involved. II. PRESENTATION OF "OFFICIAL GUIDE TO OPENING A BUSINESS IN EUGENE/ SPRINGFIELD/LANE COUNTY" Assistant City Manager Dave Whitlow introduced Abe Farkas, Development Director, who gave the staff report. Mr. Farkas said the BATeam worked with public and private sector busi ness assi stance providers to prepare the "Official Guide to Opening a Business in Eugene/Springfield/Lane County." He introduced Bill Sloat, BATeam manager. Mr. Sloat said many businesses have started in Eugene, Springfield, and Lane County. Job creation and economic diversification have been council objectives for several years. The BATeam has talked to many people about beginning businesses and many people ask the same questions other people ask. He said those questions were the impetus for compiling "Official Guide to Opening a Business in Eugene/Springfield/Lane County." He distributed copies of the book to councilors and said it will be available in many places in the county. . Mayor Obie thanked the BATeam for initiating the guide. e III. APPOINTMENTS: COUNCILOR NOMINATION TO THE BUDGET COMMITTEE Ms. Ehrman moved, seconded by Mr. Holmer, to appoint Joan Rich, 2050 Madison Street, to the Eugene Budget Committee for a term ending December 31, 1988. Ro 11 ca 11 vote; the motion carried unanimously, 7:0. IV. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENT TO THE 1987 EUGENE CELEBRATION STEERING COMMITTEE Mayor Obi e not ifi ed the council of the appoi ntment of Jerry Poston, 955 Lewi s, No.9, to the 1987 Eugene Celebration Steering Committee. e MINUTES--Eugene City Council July 22, 1987 Page 4 V. CITY COUNCI L MINUTES OF DINNER/WORK SESSION AND MEETING OF JUNE 8, 1987; MEETINGS OF JUNE 10, 1987, AND JUNE 17, 1987 e Ms. Ehrman moved, seconded by Mr. Holmer, to approve the City Council minutes of June 8, 1987, June 10, 1987, and June 17, 1987. Roll call vote; the motion carried unanimously, 7:0. VI. PUBLIC FORUM CONCERNING SOLAR ACCESS REGULATIONS Assistant City Manager Dave Whitlow introduced the item. Jim Croteau of the Planning Department gave the staff report. He said several organizations have indicated concern about the restrictiveness of the solar access ordinance adopted by the council in August 1986. He said the ordi nance revi sed the solar access criteria used to review new subdivisions, partitions, and planned unit developments and provided a solar access guarantee. Those parts of the ordinance are in effect and have not caused problems. The ordinance also contains solar access setback regulations for new homes and additions to homes and the objections to the ordinance concern the setback regulations. The regulations were to be effective in January 1987 but the council postponed them until October 1987 so that City staff and design professionals could be trained and so that previously designed buildings could be built during the construction season. Mr. Croteau said the public forum was scheduled so that the council could obtain information. He said the staff recommends that the council maintain the October 1 effective date for the setback regulations. He said e administrative rules are being developed to make the regulations easy to follow. Larry Reed, manager of the Building Safety Division, discussed the staff training, the impacts of the solar setback standards, and administrative rules. He said most of the staff was trained in January and February 1987. The training was complex and probably some people were mistakenly told that some plans would not comply with the regulations. He said presentations about the ordinance were made to members of the Home Builders Association in the spring. In addition, City representatives have met with designers every Wednesday since July 29 to discuss building plans that are being prepared. Mr. Reed said plans for 70 to 80 homes are checked by the City monthly. About two-thirds of them involve outside construction to which the solar access ordinance applies. The usual plan check takes two to three-and-a-half hours and the solar access review adds about 15 minutes to the plan check. No solar access problems are found in 80 to 90 percent of the plan checks. Only five to eight plans need to be changed each month because of the solar access ordinance. However, an additional two to three hours is spent explaining the problems and helping customers redesign the plans so they will be acceptable. Therefore, the ordinance increases the monthly work load one to two person days. e MINUTES--Eugene City Council July 22, 1987 Page 5 Mr. Reed said the staff is writing administrative rules for exceptions to the ordinance and for minimum development guarantees. He said the largest impact e of the ordinance involves public perception. Previously, the staff could tell a builder over the telephone what setback was required. Now, builders must complete a formula to learn the setback requirements for each lot. John Kaufmann, Solar Specialist with the Oregon Department of Energy, said cities that adopt solar ordinances generally have no problems implementing them but some people have trouble learning about the ordinances. He sa i d about 14 percent of the residential plans submitted in Portland must be changed because of solar restrictions. A change in the setback solves most of the problems. He said building conditions in Portland are probably the most difficult in the state and some Portland regulations are being changed to address a few problems. Mr. Kaufmann said changes are not necessarily negative and changes must be made if solar rights are to be protected. He recommended the Eugene ordinance be implemented. He said the ordinance can be amended if problems occur. John Breeden, 366 East 40th, said the solar ordinance is a major change to the building industry. He said the ordinance causes problems. He said the ordinance preserves solar access in the winter when there is very little sun in Eugene. He said the energy-efficient Eugene Water & Electric Board (EWEB) Super Good Cents Homes and Northwest Natural Gas Company Natural Choice Homes require very little space heating from April to October. Mr. Breeden said most customers do not ask for solar access but, if peop 1 e want solar exposures, they can find appropriate lots. He said buyers prefer e traditionally styled homes, people like two-story homes, and Eugene's compact growth policies result in many two-story homes. He said lot sizes will have to be increased if homes have to comply with the solar access regulations. Therefore, costs for land, sewers, and utilities will increase. In addition, homes will have to be designed specifically for Eugene. National designs will not be usable. Mr. Breeden said the City recently took a month and two days to check a house plan. The plan was approved as submitted. If the solar access ordinance is implemented, plan checks will take longer. He said it takes longer to get approvals for a house than to build it. He said the City will have to police the growth of trees if the ordinance is implemented. He recommended against it. Sally Weston, 2595 Highland Drive, represented The League of Women Voters of Lane County. She read her testimony and then submitted it in writing. She said the league supports the solar access ordinance and encourages its full implementation. Questioning the process being used, Ms. Weston said league representatives were not notified of this public forum even though they testified previously about the solar access ordinance. She said there may be problems with the regulations but they should be evaluated in 18 months. She said the criteria for evaluating the ordinance should be: 1) is solar access being protected? and 2) is building activity being unduly disrupted? e MINUTES--Eugene City Council July 22, 1987 Page 6 Dick Briggs, 1401 Will amette, said he representated the Eugene Chamber of Commerce. He said Chamber of Commerce representatives expressed concern about e the complexity and intrusiveness of the ordinance before it was adopted. He said the regulations override people's desires for house design and placement and no cost-benefit or public need for the regulations was demonstrated. He said the regulations have caused problems and delays and the City loses support when it causes problems. Mr. Briggs said the City could adopt a process that would facilitate private negotiations about solar access. He recommended the setback regulations be revoked or changed. Gale Banry, 500 East 4th, is the Acting Conservation Manager for EWEB. He said EWEB supports energy conservation and the timely implementation of the solar access ordinance. He said Northwest Power Planning Council Model Conservation Standards for new homes and commercial buil di ngs must be incorporated into building codes or utility companies will have to pay a ten percent surcharge on electricity purchased from the Bonnevi 11 e Power Administration (PBA). The Oregon Legislature did not incorporate the standards into the State code. Consequently, EWEB customers may have to pay the surcharge. Mr. Banry said utility companies may adopt equivalent energy savings in lieu of building code enforcement of model conservation standards. The EWEB Super Good Cents Program for new homes promotes energy efficiency and the program includes solar designs. EWEB also offers a water and heat pump program. He . said solar designs are the lowest cost way of meeting energy standards. e Mr. Banry said solar access must be available and protected if individuals and the community are to benefit from new energy efficient homes and solar energy technology. He said the solar access ordinance will result in savings for people who invest in solar energy technology and may save money for all EWEB customers by helping to meet local and regional energy conservation goals. Answering questions from Mr. Bennett, Mr. Banry said a program to provide the same energy savings will be needed if the model conservation standards are not included in the State Building Code. He reviewed the Super Good Cents program and said the BPA standards can be met without solar technology if a large percentage of new homes are Super Good Cents homes. Mr. Bennett wondered why EWEB supports the solar access ordinance when the Super Good Cents Program is sufficient to avoid the BPA surcharge. Mr. Banry said the use of solar technology in new homes is offered by EWES and some customers want to add solar technology to existing homes. Bob Schafer, 86092 Lorane Highway, said he opposes the solar access ordinance because it increases costs and may result in people not wanting to buy new houses. He said two of three plans he submitted recently to the City did not comply with the code and it would be very difficult to make one of the plans comply. e MINUTES--Eugene City Council July 22, 1987 Page 7 John Reynolds, University of Oregon Architecture Department, said he supports the solar access ordinance. He said it adds very little time to the plan check e process. He said up to 80 percent of winter solar heating and 50 percent of domestic water heating may be gained with solar technology in Eugene. He said implementation of the solar access ordinance will benefit the public. He said solar technology can be added to homes if solar access has not been blocked and solar greenhouses are very popular in many cloudy areas. Mr. Reynolds said minor changes are usually expected after a plan check review. He said Portland's solar access ordinance is more restrictive than Eugene's. He said Eugene had a Garden Apartment Zoning District for many years that incorporated many of the restrictions in the solar access ordinance. Consequently, the restrictions are not entirely new. Allen Degeneault, 2943 Wolf Meadow Lane, deferred to Gordon Anslow, 2943 Wolf Meadow Lane. Mr. Anslow said solar access has to be balanced with other things people want when a house is designed. He said only one of 13 customers he talked to expressed an interest in solar access. He said the solar access restrictions will result in some people not being able to qualify to buy a house. The restrictions will also result in large lots and high houses with steep roofs. He said most people consider solar access about equal to a nice view and a big yard. Mr. Anslow said the solar access ordinance makes solar access an overriding concern in the siting and height of houses. He said his own house would not have complied with the restrictions. It will shade his neighbors to the north . but the neighbors have a large lot and his house will not shade their house. He said the ordinance does not address that issue. e Mr. Anslow said the 25-foot residential height limit in Eugene is very restrictive. Discussing a subdivision with $100,000 houses, he said 25-foot homes shade other houses only on part of the south wall. Much of the roof and north wall are not shaded. Solar water heaters can be put on the north. He displayed the design of a house that would not comply with the solar fence regulations in the solar access ordinance and said implementation of the ordinance will be severe. Robert Block, 1865 Parliament, sa i d he represented the Willamette Valley Solar Energy Association. He said he supports the solar access ordinance because it protects a right. He said problems in the ordinance should be addressed administratively. Boyd Iverson, 1158 High Street, No. 102, said the Garden Apartment Zoning District was not workable and was eliminated from the code. He said energy- efficient homes are in demand but there is not much demand for homes with solar technology. He said heat pump water heaters are more efficient than solar water heaters and can be installed anywhere. Mr. Iverson said implementation of the solar access regulations would have dramatic effects on construction in the city. He said the Home Builders Association represents the wishes of home buyers. He suggested the City create its own solar division or add solar access guarantees to the lots the e MINUTES--Eugene City Council July 22, 1987 Page 8 City owns. He said the solar access ordinance takes away home buyers' rights and increases design and building costs. Referring to statements that the e ordinance can be changed after it is implemented, he said governments are very slow to make changes and the need for changes are costly to home buyers. ,Greg Winterowd is Planning Director of Springfield. He read his testimony and then submitted it in writing. He said the Springfield solar ordinance was adopted two years ago to protect solar access for backyards as well as houses. He said only one of 45 house plans submitted in Springfield has had to be modified to comply with the ordinance. He said the solar ordinance adds about ten minutes to a plan check. Mr. Winterowd said the only problem caused by the Springfield solar ordinance has been the need for builders to submit information about lot elevation. However, the elevation is not needed for flat lots. He said plans for additions to existing residences have had no trouble complying with the solar ordinance. Answering a question from Mayor Obie, Mr. Winterowd said he learned about the council's meeting in conversations with EWEB and Eugene Planning staffs. John Bennett, 1686 Pearl, is Executive Officer of the Home Builders of Lane County. He said the first Tour of Homes since 1980 will begin on Saturday, July 25, 1987. Mr. Bennett said the Eugene solar access ordi nance is very camp 1 ex and difficult and will put an unnecessary burden on the Building Safety staff as well as on builders. He said it is not simple to change roof lines and change e the siting of houses. He said the Home Builders would like a solar access ordinance that protects roofs and investments in solar equipment. He said the protection for south walls in the existing ordinance creates the problems. He said the Home Builders have not publicly objected to the Springfield solar ordinance because very few houses are being buil t in Springfield. He discussed a plan for a house on an existing foundation in Springfield. The plan did not comply with the solar ordinance and the builder spent 45 days trying to make the design comply. The house was not built. Mr. Bennett asked the council to direct the staff to present alternatives to the existing ordinance. He said administrative rules are difficult for builders to comply with because they may change. He said the Home Builders will help the staff develop a workable ordinance. Answering a question from Ms. Ehrman, Mayor Obie said the council was being asked to reconsider the ordinance. Ms. Wooten said she appreciated the testimony today but she is not convinced that the ordinance should be reconsidered. Mr. Miller said he would like to consider alternatives to mitigate problems with the solar access ordinance. He said administrative rules are difficult for people to follow. He suggested the council discuss the ordinance at a work session. e MINUTES--Eugene City Council July 22, 1987 Page 9 Mr. Holmer agreed with Mr. Miller. e Mayor Obie directed the staff to schedule a discussion of the solar access ordinance. VII. CENTRAL AREA TRANSPORTATION STUDY VIII. EXCEPTION TO ORDINANCE GOVERNING OUTDOOR BURNING IX. ANNUAL REVIEW AND ENDORSEMENT OF TRANSPLAN Mayor Obie directed that the remaining items on the agenda be rescheduled. Mayor Obie adjourned the meeting at 1:37 p.m. Respectfully submitted, , "-'~ 'ff:,~1fi ~~ . ,",~., "N'~"", t~-t Micheal Gleason City Manager (Recorded by Betty Lou Rarick) mncc0713 . e e MINUTES--Eugene City Council July 22, 1987 Page 10