HomeMy WebLinkAbout07/27/1987 Meeting
M I NUT E S
Eugene City Council
e Council Chamber--City Hall
July 27, 1987
7:30 p.m.
COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Emily Schue, Roger Rutan,
Ruth Bascom, Jeff Miller, Rob Bennett.
COUNCILORS ABSENT: Cynthia Wooten.
The adjourned meeting of June 22, 1987, of the City Council of Eugene, Oregon,
was called to order by City Council President Debra Ehrman in the absence of
Mayor Brian B. Obie.
I. PUBLIC FORUM
A. Problems with Police Officers
James Kahn, General Delivery, Eugene, said he has problems with Eugene police
offi cers. He said an officer tried to "run me down" on May 3, 1985, and an
officer threatened his life on July 29, 1985. He said he has talked to staff
members of the City Manager1s Office and the Police, Fire and Emergency
Services Department. He said he fil ed a claim within the proper time
e indicated by State law.
Mr. Kahn said he is hesitant to visit medical facilities in the area. His legs
are "goofed Up" because of the accident in May 1985. He has gained about 75 or
80 pounds and he has chest pains and breathing difficulties. He said he is
leery about going to the District Attorney's Office. He said he is trying to
get the matter resolved peacefully.
B. Nuclear Free Zone Ordinance
Barbara Keller, 2570 Onyx, said she represented a group titled "Keep Eugene
Nuclear Free." She said there are problems with the Eugene Nuclear Free Zone
and the Nuclear Free Zone Task Force. She said the actions of a majority of
task force members indicate they want to "gut" the ordinance and she would
like it to remain as it was passed.
Ms. Keller said she was presenting over 1,000 signed copies of a letter to the
counci 1. She read the following letter:
liThe Eugene Nuclear Free Zone was passed by an overwhelming majority.
The provisions of this ordinance should not be tampered with.
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There has been a redraft of the ordinance which irons out any legal
questions, but does not change the substance of the ordinance. In
my view this is the only acceptable change that can be made.
e Changes in the scope of the ordinance are totally uncalled for. I
strongly object to proposed changes that would allow the design of
nuclear weapons, any applied nuclear weapon research, the production
of certain nuclear weapon delivery systems or components, food
irradiation, the manufacture of nuclear weapon components that have
minor non-weapon uses, and City Council appointment, instead of public
election, of the Nuclear Free Zone Board and the dilution of the
board's powers.
As public officials, you have a duty to respect the choices already
made by this city's voters.1I
Ms. Keller said the letters were collected by citizens who were not involved
with the passage of the Nuclear Free Zone Ordinance.
II. PUBLIC HEARING: METROPOLITAN PLAN SEMIANNUAL AMENDMENT
PROCEDURES
City Manager Micheal Gleason introduced the item. Teresa Bi show of the
Planning Department gave the staff report. She said the Lane County Board of
Commissioners adopted and requested the other jurisdictions to adopt a new
factor to the thi rd criteri on for eva 1 uat i ng proposed amendments to the
Metropolitan Area General Plan. The factor indicates that a change in public
_ po 1 icy woul d be suffi ci ent for approvi ng a Metro Pl an amendment. The
~ criterion is (the proposed change is underlined):
3. The Metropolitan Plan amendment is found to address one or more
of the following factors:
a. An error in the publication. . .
b. Circumstances have changed. . .
c. Incorporation into the Metropolitan Plan, . . .
d. A change in public policy.
Ms. Bishow said the Planning Commission recommended approval of the proposed
change.
Answering a question from Mr. Holmer, Ms. Bishow said Eugene, Springfield, and
Lane County would not have to adopt the same change in public policy if the
factor is added to the criterion. She said that the jurisdictions probably
would draw the same conclusions when evaluating an amendment. However, it is
possible that the approval of an amendment by one jurisdiction would be based
on a different factor than the approval of another jurisdiction.
Replying to questions from Ms. Ehrman about what a change in public policy _
means, Ms. Bishow said public officials could make a change in public policy
when approving a Metro Plan amendment. A change in public policy might also
~ MINUTES--Eugene City Council July 27, 1987 Page 2
re s u It f rom a refinement plan. She sa i d the factor would allow public
officials broad discretion in changing public policy and amending the Metro
Plan.
e Ms. Schue said she had mi sunderstood the proposed change. Answering a
question about what the Lane County Commissioners meant, Ms. Bishow said the
County Commissioners have used the proposed factor for several years.
Ms. Ehrman opened the public hearing.
There being no requests to testify, Ms. Ehrman closed the public hearing.
CB 2976--An ordinance concerning Metro Plan amendments;
amending Section 9.136 of the Eugene Code, 1971;
and declaring an emergency.
Mr. Holmer moved, seconded by Ms. Schue, 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. The motion carried unanimously, 7:0.
Mr. Holmer moved, seconded by Ms. Schue, that the bill be
approved and given final passage.
Mr. Holmer said the change decreases the importance of the Metro Plan. He
said the other factors are reasonable but the proposed addition is too vague.
Noting that Dorothy Anderson voted against the change on the Planning
Commission, he said he will do the same.
e Roll call vote; the motion carried 5:2 with Councilors
Ehrman, Bascom, Rutan, Miller, and Bennett voting aye and
Councilors Holmer and Schue voting nay. The bill was
declared passed (and became Ordinance No. 19491).
III. PUBLIC HEARING: METROPOLITAN PLAN GOVERNMENT-INITIATED AMENDMENTS
(CA 87-7)
City Manager Mi chea 1 Gl ea son i nt roduced the item. Teresa Bi show of the
Planning Department gave the staff report. She said the council directed the
staff to develop guidelines for government-initiated amendments to the Metro
Plan. The council was especially interested in guidelines for citizens who
want Eugene to initiate amendments. She said the Planning Commission
recommended the proposed guidelines. They are the same as those for citizen-
initiated amendments.
Answering a question from Ms. Ehrman, Ms. Bishow said Eugene might initiate an
amendment to the Metro Plan if a study such as the South Willamette Subarea
Study contained a policy for land uses that was different from the land use
designations in the Metro Plan.
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Ms. Ehrman opened the public hearing.
There being no requests to testify, Ms. Ehrman closed the public hearing.
e CB 2977--An ordinance concerning amendments to the
Metropolitan Area General Plan; amending
Section 9.122 of the Eugene Code, 1971; and
declaring an emergency.
Mr. Holmer moved, seconded by Ms. Schue, 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. The motion carried unanimously, 7:0.
Mr. Holmer moved, seconded by Ms. Schue, 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. 19492).
IV. PUBLIC HEARING: ORDINANCE CONCERNING ADOPTION OF THE UNIFORM FIRE
CODE
City Manager Micheal Gleason asked the council to listen to the staff report
and public testimony and suggested the council take action on the ordinance on
August 3 after it has been reviewed for consistency with the Uniform Building
Code. Roger Cleland of the Police, Fire and Emergency Services Department
gave the staff report. Referring to page 33 of the ordinance, he discussed
e changes in regulations about storing tires at businesses and residences. He
said it will take fire fighters several days to put out fires in large stacks
of tires. He said many things were deleted in the ordinance because they are
in the Uniform Fire Code.
Answering questions from Mr. Bennett, Mr. Cleland said tires that are waste
material have been covered in the code. Tire storage for commercial purposes
and at residences was not in the code. He said Eugene fire regulations are not
more restrictive than those of the other 12 exempt cities in Oregon. Eugene's
code may be less restrictive. He said Eugene adopted the Uniform Fire Code
ten years before the State adopted it.
Ms. Ehrman opened the public hearing.
There being no requests to testify, Ms. Ehrman closed the public hearing.
V. EXCEPTION TO ORDINANCE GOVERNING OUTDOOR BURNING
City Manager Micheal Gleason introduced the item. Jim Croteau of the Planning
Department gave the staff report. He said the Willow Creek Special Area Study
created a special natural area south of 18th Avenue on which several rare and
endangered plants grow. He said the Nature Conservancy contracts to manage
the natural area. The Conservancy requested an exemption from the open-
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burning ban so that the area can be burned later this summer to obtain a
prairie-like environment.
e Ms. Ehrman suggested the burning be publicized so that the community
understands the burning. Answering her questions, Cathy MacDonald of the
Nature Conservancy said burning the area in the last several years has
resulted in an increase in two of the rare plants. There has been no change in
the third plant.
Replying to questions from Mr. Holmer, Ms. MacDonald said other ways of
maintaining the prairie-like environment would be to cut the trees or use
herbicides. She said the Indians burned the Willamette Valley almost annually
and so the plants are used to burning. They are dormant now. She said Nature
Conservancy officials think burning will be necessary for the next four or
five years. Then, perhaps burning will be necessary only every ten years.
She said Conservancy officials went to many houses in the area last year to
explain the burning.
Answering questions from Mr. Bennett, Ms. Bascom, and Mr. Holmer,
Ms. MacDonald said plans indicate the natural area will be donated to the City
or the Nature Conservancy when surrounding properties are developed. The
natural area is about 100 acres. The Nature Conservancy would like to burn
about 37 acres. Pear, apple, and Oregon Ash trees need to be controlled. She
said there are lots of existing trees that need to be "set back." She said the
dominant grass is Tufted Hairgrass. The Bradshaw's Lomatium occurs in six
places in the world, one of the other rare plants occurs in three other
places, and the Aster Curtis plant has been located in about 12 places.
e CB 2975--An ordinance granting an exception to the
application of Eugene Code, 1971, Section 6.200;
and declaring an emergency.
Mr. Holmer moved, seconded by Ms. Schue, 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. The motion carried unanimously,
7:0.
Mr. Holmer moved, seconded by Ms. Schue, that the bill be
approved and given final passage. Roll call vote; all
councilors present voting aye, the bill was passed (and
became Ordinance No. 19493).
VI. CENTRAL AREA TRANSPORTATION STUDY
City Manager Micheal Gleason introduced the item. Dave Reinhard of the Public
Works Department gave the staff report. He said the council held a public
hearing on the Central Area Transportation Study (CATS) on June 8, 1987, and
the CATS traffic and parking recommendations (modifi ed by the Planning
Commission) are reflected in the Eugene Parking and Traffic Circulation Plan.
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Mr. Reinhard said several Planning Commissioners were concerned about parking
removal along 11th and 13th in the downtown. The commission recommendations
resulted in the parking removal on 11th Avenue between Wi 11 amette and
e Charnel ton being retained as a short-range project and direction to the staff
to delay implementation for two years while working with businesses to find
alternative parking. He said the plan now indicates that parking will be
removed on 13th Avenue only between Charnelton and Willamette streets with the
exception of a small area near Pearl Street.
Mr. Reinhard said Regional Area Pollution Authority (LRAPA) officials and City
officials will respond to LRAPA concerns by reviewing the Parking and Traffic
Circulation Plan annually to ensure that air quality concerns are addressed.
Kirk McKinley of the Planning Department said the South Willamette Subarea
Study resulted from the CATS and is a refinement to the Metro Plan.
Referring to page 2 of the Central Eugene Parking and Traffic Circulation
Plan, Ms. Bascom said the Willamette Street 8th to 10th Avenues issue was not
separated from the Willamette Street 13th to 20th Avenues issue in the Traffic
Circulation Component. She asked that the issues be divided.
Ms. Schue said the Willamette Street 8th to 10th issue is entirely separate
from the Willamette Street 13th to 20th issue and there are good reasons for
not changing the street from 13th to 20th that have nothing to do with the 8th
to 10th issue. She said the benefits of changing the 13th to 20th section do
not seem to equal the expense.
Mr. Bennett said he agrees with Ms. Schue about the issues being separate.
e Mr. Holmer suggested deleting Subsection a.
After some discussion, the councilors directed the staff to prepare new
wording for the Traffic Circulation Component.
Ms. Ehrman wondered if there is a need for the South Willamette Subarea Study.
Mr. McKinley responded that the council directed the staff to respond to
concerns of property owners on Willamette Street from 13th to 24th avenues.
Consequently, the South Willamette Subarea Study was prepared and during
preparation discrepancies between the existing zoning and the Metro Plan
designations were identified. Therefore, the study recommends two rezonings
and an amendment to the Metro Plan.
Replying to questions from Mr. Bennett, Mr. McKinley said the Planning
Commission recommendation indicates that the southeast corner of the block
between 18th and 19th avenues should be rezoned to R-2/10. Most existing uses
could remain. It is now zoned R-3.
Mr. Bennett said he worries about reducing the value of property by downzoning
even though the property owners have concurred. He said changing the zoning
from R-3 to R-2/10 changes the land value.
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Ms. Schue pointed out that the study recommends the properties on the west
side of Willamette between 19th and 22nd avenues be rezoned from R-3 to
R-2/10.
e Answering questions from Mr. Miller, Mr. McKinley said the zone changes were
recommended to make zoning conform to the Metro Plan Diagram which indicates
the west side of Willamette should be low-density residential development. He
said R-2/10 is low-density. Another reason for the change is concern about
access on Willamette for additional dwelling units. He said the owner of
three parcels on the west side of Willamette south of 19th Avenue would like
to retain the existing R-3 zoning.
City Attorney Tim Sercombe recommended a change to subsection 2 b. of the
Traffic Circulation Component on page 2 of the Central Eugene Parking and
Traffic Circulation Plan and, after some suggestions from councilors, the
following change was agreed upon by consensus (material in parentheses should
be deleted; underlined material should be added.):
2 b. Converting Willamette to a two-way street between 13th and
20th is not currently recommended because of potential impacts
on adjacent neighborhoods, pedestrian and bicycle safety,
parking loss for businesses, and the undetermined effect
such a conversion would have on weekend IIgut cruising.1I
(It is recognized that Willamette Street north of 13th
is in transition.) The issue of converting Willamette between
13th and 20th avenues to two-way traffic may be reviewed two
years after adoption of this plan or sooner should significant
changes (such as a major development, modifications to the
e street system, etc.) occur ~ (on Willamette north of 13th.)
Res. No. 4048--A resolution adopting the Central Eugene
Parking and Traffic Circulation Plan as
amended.
Mr. Holmer moved, seconded by Ms. Schue, to adopt the
resolution.
Mr. Holmer said he will oppose the resolution because the plan reflects the
Planning Commission recommendation which deleted a commitment to finance
parking facilities by development (user fees) from CATS (Item 6, page 4).
The motion carried 6:1 with Councilors Ehrman, Schue, Bascom,
Rutan, Miller, and Bennett voting aye and Councilor Holmer
voting nay.
CB 2974--An ordinance adopting the South Willamette Subarea
Study.
Mr. Holmer moved, seconded by Ms. Ehrman, that the bill be
read the second time by council bill number only, with
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unanimous consent of the council, and that enactment be
considered at this time.
e Mr. Bennett said he cannot support the study because of the proposed rezoning
from R-3 to R-2/10 for some properties. He said the rezoning would reduce the
value of the properties and change plans of property owners.
Mr. Miller wondered about other options for controlling traffic that would
enter Willamette Street from the R-3 development. He sa i d he wi 11 oppose
adoption of the study.
Mr. Holmer said Recommendation #2 assumes traffic on Willamette Street will
become two-way and the recommendation to change zoning from R-3 to R-2/10
seems to be justified by things the council has not approved.
Ms. Ehrman said she is concerned about adopting a refinement plan for such a
sma 11 area. She a 1 so wondered about the need for the refinement plan.
Answering her question, Mr. McKinley said Springfield and Lane County will be
asked to adopt the study.
Ms. Bascom wondered about Planning Commission discussion of the proposed
change. She suggested the study be referred to the commission. She said the
commission was adamant about two-way traffic on Willamette Street and it would
be helpful for the council to know if there is a tie between the traffic and
the recommended rezonings.
Mr. Holmer and Ms. Schue withdrew the motion and second.
e Ms. Bascom moved, seconded by Mr. Bennett, that the City
Council refer the South Willamette Subarea Study to the
Planning Commission for review and comment about
recommended downzoning of properties.
Ms. Ehrman said the motion does not direct the Planning Commission
sufficiently. She said disagreement among councilors can be expressed now.
Mr. Gleason said comments from the commission may clarify issues for the
counci 1.
The motion carried 6:1 with Councilors Holmer, Schue, Bascom,
Rutan, Miller, and Bennett voting aye and Councilor Ehrman
voting nay.
VII. ANNUAL REVIEW AND ENDORSEMENT OF TRANSPLAN
City Manager Mi chea 1 Gleason introduced the item. Kirk McKinley of the
Planning Department gave the staff report. He said no amendments to TransPlan
were proposed. The Planning Commission recommended that the council endorse
the TransPlan Annual Review. ,-
e MINUTES--Eugene City Council July 27, 1987 Page 8
Mr. McKinley said a letter was received from Jim Spicer, co-chair of the
Glenwood Planning Team, after the Planning Commission reviewed the TransPlan.
In the letter Mr. Spicer requested a change in the timing of the McVay Highway
,_ project. Mr. McKinley said the request can be considered next year during the
annual review of TransPlan.
Mr. McKinley said the annual review recommends initiation of a work program
for an Alternative Mode Study to analyze the transit goal and the alternative
modes goal for the next update of TransPlan. He said a data collection system
is needed to monitor the use of alternative modes of travel in the community.
Mr. Holmer said the staff promised last year that a report on alternative
modes of travel would be available this year. Mr. McKinley responded that the
TransPlan annual review contains data indicating Lane Transit District (LTD)
ridership increased 4.5 percent. He said additional data will be expensive.
Ms. Bascom said she has many questions about trips between 6th and 7th avenues
and 18th Avenue because people say they cannot get from the west side of the
downtown mall to 18th Street. She suggested the issue and proposed solutions
be included in the TransPlan Annual Review next year.
Res. No. 4049--A resolution endorsing the Eugene-Springfield
Metropolitan Area Transportation Plan
(TransPlan) as of July 27,1987.
Mr. Holmer moved, seconded by Ms. Schue, to adopt the
resolution.
e Mr. Miller said he is very concerned about LTD's use of part-time drivers
because they are not provided benefits such as health insurance. He suggested
LTD review its policies.
Mr. Bennett said everyone seems to agree that the mod a 1 split used in
TransPlan is unrealistic. Consequently, the goals in TransPlan are
unrealistic. He said the modal split in TransPlan was not used in the CATS. A
"worse case scenario" which probably was more realistic was used in CATS.
Referri ng to El ement 2: Plan Assumptions on page 3 of the TransPlan Annual
Review, he wondered what support for the annual review can be based on when it
contains a modal split that no one will defend.
Mr. Holmer said the council requested data about achieving the modal split
goal last year. The data has not been presented. Therefore, he wi 11 vote
against the motion because passage of it would endorse a plan that is not
being carried out.
Ms. Bascom said data is being gathered.
Mr. Gleason discussed the collection of empirical data. He said more
sophistical data about the modal split is needed and the staff is perfecting
it. Eugene, Springfield, and Lane County must agree on the data. He
recommended the council adopt the TransPlan Annual Review. He said there
proably will be better data and agreement among the three jurisdictions and
LTD about an appropriate modal split next year.
e MINUTES--Eugene City Council July 27) 1987 Page 9
Ms. Ehrman said the Metropolitan Policy Committee will discuss the issue and
refer it to the jurisdictions.
e Mr. Bennett said he will accept those statements.
Mr. Holmer said the council has no more information than it had a year ago and
adoption of the proposed resolution is not necessary.
The motion carried, 5:2, with Councilors Ehrman, Schue,
Rutan, Bascom, and Bennett voting aye and Councilors Holmer
and Bennett voting nay.
VIII. FINDINGS CONCERNING LOCAL IMPROVEMENT PROJECT (25TH PLACE
CUL-DE-SAC FROM HILYARD STREET TO 200 FEET WEST OF
HILYARD STREET
City Manager Micheal Gleason introduced the item.
Mr. Holmer moved, seconded by Ms. Schue, to approve the
findings of the Hearing Official and the local improvement
project--25th Place cul-de-sac from Hilyard Street to 200
feet west of Hilyard Street.
Answering a question from Ms. Bascom, City Engineer Les Lyle said gravel
driveways will be eliminated by the project.
Roll call vote; the motion carried unanimously, 7:0.
e IX. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR CAPITAL
IMPROVEMENT PROJECT FOR SOCIAL SERVICE AGENCY
City Manager Micheal Gleason introduced the item.
Mr. Holmer moved, seconded by Ms. Schue, to approve Community
Development Block Grant funding of $15,000 for a Food for Lane
County rehabilitation project. The motion carried
unanimously, 7:0.
X. DISCUSSION CONCERNING SOLAR ACCESS REGULATIONS
Ms. Ehrman said Mayor Obie asked that the discussion of the solar access
regulations be reschedul ed when he will be present. Consequently, the
regulations will be considered by the council in September.
Ms. Ehrman said it woul d be helpful to have proposals, rather than just
negative comments, from the Home Builders Association of Lane County when the
council considers the regulations.
e MINUTES--Eugene City Council July 27, 1987 Page 10
~
Mr. Miller said he would like comments from the staff about the proposals from
the Home Buil ders as we 11 as alternatives or options for the council's
consideration.
e Ms. Bascom said the City is gaining experience with the existing ordinance.
Answering her question, Public Works Director Christine Andersen said the
existing ordinance could be implemented in October. Whether changes approved
in September could be implemented in October would depend on the changes.
Ms. Ehrman adjourned the meeting at 9:00 p.m.
(Recorded by Betty Lou Rarick)
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