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HomeMy WebLinkAbout09/28/1987 Meeting (2) M I NUT E S e Eugene City Council Council Chamber--City Hall September 28, 1987 7:30 p.m. COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Emily Schue, Ruth Bascom, Roger Rutan, Rob Bennett, Jeff Miller. COUNCILORS ABSENT: Cynthia Wooten The adjourned meeting of September 23, 1987, of the City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. PUBLIC: HEARING: REFINEMENT PLAN AMENDMENT PROCEDURES (CA 87-5) City Manager Micheal Gleason introduced the item. Teresa Bishow of the Planning Department gave the staff report. She said the Planning Commission recommended approval of the procedures and gui de 1 i nes for ci t i zen- and government-initiated refinement plan amendments. She said the procedures provide citizens with direct access to the Planning Commission. The procedures also indicate that the council will consider a citizen-initiated e refinement plan amendment denied by the Planning Commission only if the denial ; 5 appea 1 ed. Mr. Holmer asked about the following section of the ordinance: 9.141 Refinement Plan - Application Process for Privately Initiated Amendments. An application for a minor refinement plan amendment shall only be considered when: (a) The commission has classified it as a minor refinement plan amendment no more than 90 days prior. . . Ms. Bi show responded that the word II i t" referred to the offi ci a 1 amendment request an applicant must file. Mayor Obie said the response to Mr. Holmer's question would be recorded in the minutes. Mayor Obie opened the public hearing. There being no requests to testify, Mayor Obie closed the public hearing. e MINUTES--Eugene City Council September 28, 1987 Page 1 CB 2983--An ordinance concerning refinement plan amendment procedures; adding Sections 9.138, 9.139, 9.140, e 9.141,9.142,9.143,9.144,9.145,9.146,9.147, and 9.148 to Eugene Code, 1971. 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. The motion carried unanimously, 7:0. Council Bill 2983 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. 19499). II. SOLAR ACCESS REGULATIONS City Manager Micheal Gleason introduced the item. Jim Croteau of the Planning Department gave the staff report. He said the council held a public forum on July 22, 1987, concerning enactment of the solar access regulations. Some opposition to the regulations was voiced. After the forum, Mr. Miller met with representatives of several organizations to develop a compromise. Mr. Croteau said the evaluation of the compromise by the City's solar energy consultant, Les Tumidaj, and Eugene Water & Electric (EWEB) representatives was in the background information distributed to the councilors. He said the e proposed regulations will be effective October 1, 1987, if the council does not act tonight. However, the council could direct the staff to schedule a public hearing on the compromises suggested by Mr. Miller. Mayor Obie said the regulations and the compromises suggested by Mr. Miller were discussed at the council's dinner work session this evening. Responding to Mayor Obie's request, Mr. Croteau reviewed the compromises and commented on them. They are: 1. Change the date of solar access protection from December 21 to January 21. Mr. Croteau said December 21 is the shortest day of the year and the greatest solar access protection is provided if it is used. If January 21 is used, part of the southern wall of adjacent buildings will be shaded. 2. Change the guaranteed building height from 24 to 26 feet. 3. Change the solar fence from eight feet to ten or twelve feet. Mr. Croteau said the proposed regulations use an eight-foot solar fence for lots on which the siting of houses can be arbitrary and a 16-foot solar fence for lots less than 75 feet wide. He said an eight-foot solar fence protects the south wall and the roof. A 16-foot solar fence provides solar protection e MINUTES--Eugene City Council September 28, 1987 Page 2 to the roof on ly. Changing the eight-foot regulation to ten or 12 feet would result in more of the south wall being shaded. e 4. Make slope adjustments at five or six percent increments. Mr. Croteau said the ordinance would not have to be amended to make this change because the slope adjustment increments can be changed administratively. Answering a question from Ms. Schue, Laurie Power, EWEB Governmental Affairs Coordinator, said the Northwest Power Pl anni ng Council adopted regional conservation goals and it seems unlikely that the State will adopt the Model Conservation Standards. Therefore, EWEB must meet an equivalency of the Model Conservation Standards to avoid a ten percent surcharge. She said the Super Good Cents Program will save about half of the equivalency, the proposed solar access regulations would save about 10 percent of the equivalency, and EWEB will have to fine other ways to save the rest of the equivalency. EWEB has three years to meet the equivalency. Ms. Power said a change in the solar fence and a change to January 21 will considerably lessen the equivalency EWEB hopes the solar access regulations wi 11 save. Mr. Mill er sa i d the current code requi res a five-foot setback from the property line and the concern about the south wall involves sun penetration into windows. He wondered how many houses with south walls five feet from the property line have windows or patio doors on the south side. Mr. Croteau responded that he will try to obtain the information but it may not be e available. Steve Still, EWEB Residential Solar Energy Analyst, said a 1982 Eugene/Springfield Solar Report indicated that about 44 percent of the homes (25,000) have windows and living spaces on the south wall. Answering a question from Mayor Obie, Mr. Still said data about the percentage of windows on the south walls of homes is not available. Mr. Holmer said the EWEB evaluation of the compromises seemed to indicate that adopting one of the changes would eliminate over eight percent of the energy savings the existing solar access regulations would save. Consequently, the solar access protections would save only about one percent of the energy EWEB hoped the solar access regulations would save to avoid the 10 percent surcharge. Mayor Obie reviewed the council's options. Mr. Miller said he appreciated the work on the compromises of the EWEB and City s ta f f s . However, he would like a provision added to the ordinance to assure that houses built in existing subdivisions can be constructed so that they are like other houses in the subdivision. Replying to a question from Ms. Bascom, Mr. Croteau said a mandatory council review of the ordinance in a year could be included. e MINUTES--Eugene City Council September 28, 1987 Page 3 Ms. Ehrman moved, seconded by Mr. Holmer, to prepare revisions to the solar access regulations and schedule a public hearing e for City Council consideration. Ms. Bascom said the solar access protections provide an opportunity for the council to address a new property right which is the right to sunlight on a lot. She said it is a women's issue because women have been at home and have learned the value of sunlight in a house and a yard. Mr. Miller said solar access should be protected for future generations. He said he has tried to find a compromise between the objections to the existing regulations and the regulations so that a consensus can be obtained. He said several City ordinances, such as those that restrict lot sizes, impact the proposed regulations. He said building industry representatives will be enthusiastic about implementing the regulations if a consensus can be reached. Answering a question from Mr. Rutan, Ms. Ehrman said the motion implies that the existing regulations will not be implemented if the motion passes. Mr. Rutan asked that the motion include a specific statement that the existing regulations will not be implemented and Ms. Ehrman and Mayor Obie agreed to hi s request. Mr. Bennett said he supports the motion. He said the Planning Commission did not receive much comment from representatives of the building industry when it considered the existing regulations. He would like to have comments from the industry. He said it is also important that EWES representatives state their position clearly. e Ms. Ehrman said she will not support the motion. She said the City has been working on the regulations for two years and their implementation should not be delayed. Answering a question from Ms. Bascom, Ms. Ehrman said the "revisions" in the motion were the four changes discussed by Mr. Croteau. Mayor Obie agreed with Ms. Ehrman and said the following fifth revision should be included: 5. Homes built in existing neighborhoods may be compatible with existing homes in the neighborhood. Mr. Croteau reviewed the revisions. He said the slope adjustments (No. 4) would be changed every five degrees. Ms. Schue said enough time has been spent on the solar access protections. The Homebuilders Association had opportunities to comment. She said she approves of the change in slope increments that can be implemented administratively. Other changes can be reviewed in a year. She will oppose the motion. Ms. Bascom said she will oppose the motion because a change in the solar fence would weaken the regulations. She said the other changes seem to have some - MINUTES--Eugene City Council September 28, 1987 Page 4 merit. She suggested the addi t ion of a mandatory counci 1 revi ew of the ordinance in a year to see if the regulations protect solar access or are a e hardship for the building industry. Mr. Holmer said he supports solar protections but would like a public hearing on the proposed changes. Responding to a question from Ms. Bascom, Mr. Gleason said a public hearing could be scheduled for October 12 or October 26. Several councilors said they will not be present on those dates and Mr. Gleason said the public hearing will be scheduled when all councilors can be present. The motion is: Ms. Ehrman moved, seconded by Mr. Holmer, to prepare revisions to the solar access regulations, to schedule a public hearing for City Council consideration of them, and to defer implementation of the existing solar access regulations. The revisions are: 1. Change the date of solar access protection from December 21 to January 21. 2. Change the guaranteed building height from 24 to 26 feet. 3. Change the solar fence from eight feet to ten or twelve feet. e 4. Make slope adjustments at five percent increments. 5. Assure that houses built in existing neighborhoods may be compatible with other houses in the neighborhood. The motion carried 4:3 with Councilors Holmer, Miller, Rutan, and Bennett voting aye and Councilors Schue, Ehrman, and Bascom voting nay. III. FUNDING OF 4TH STREET PLAZA Ci ty Manager Mi chea 1 Gleason i nt roduced the item. Ga ry Long, Executive Manager of the Administrative Services Department, gave the staff report. He said the Downtown Plan includes improved access between the downtown and the Willamette River and a plaza on the river. EWEB incorporated the access and plaza into its Master Site Plan. The plaza will be located in the public right-of-way. He sa i d the expen se of the plaza wi 11 be minimized if construction of the plaza is coordi nated wi th construction of the EWES Headquarters Building in FY 88/89. He said the staff recommended tentative approval of the project scope as well as approval of a public review process and a schedule for the plaza. The proposed project needs to be referred to the Budget Committee and Downtown Commission for review. A Wi 11 amet te River Greenway permit review will also be required. e MINUTES--Eugene City Council September 28, 1987 Page 5 Mr. Holmer said approval of the draft motion would indicate the council tentatively approved the project scope, adopted the project schedule, and e refered the project to the Downtown Commission and Budget Committee. He said construction of the plaza is in the Capital Improvement Plan (CIP) for a future year and passage of the motion would make a major change in the CIP. He suggested that the council ask the Budget Committee to consider the change before the counci 1 acts on it. He suggested the Budget Commi ttee also consider the relationship of the change to other projects in the CIP. Mr. Long responded that Mr. Holmer's suggestion would be appropriate. Mr. Miller said there are many constraints on the capital budget and the General Fund. He said problems may develop if the counci 1 keeps addi ng projects without deleting others. Answering a question from Ms. Bascom, Laurie Power, EWEB Governmental Affairs Coordinator, said Richard Carothers, Associates is a Portland landscape architecture firm which is a subcontractor of the WE/Group, a local firm which is providing architectual services for the EWEB Headquarters Building. Ms. Bascom said there are very competent local firms and she would like them to be used on public projects. Ms. Schue said the the Downtown Commission has approved the plaza. She said she would like comments from the Budget Committee but the plaza will cost more if it is not coordinated with the EWEB Headquarters Building. She said the council approved the plaza and requested its inclusion in the EWEB Master Plan. e Mr. Rutan said approval of the draft motion would indicate that the council wants to proceed with the project. If the council wants an opinion from the Budget Committee, another motion should be offered. Ms. Ehrman said she supports the motion and the proposed action is similar to the action the council took on Lincoln School. She said the plaza could be a demonstration project for entrance beautification. Mr. Bennett said he will support the motion although he is concerned about the capital budget. He said the council made a commi tment to comp 1 ete the project. Responding to a question from Mayor Obie about the council's commitment to the project, Mr. Gleason said EWEB agreed to City requests to include a Fourth Avenue access and plaza in its Master Site Plan as well as to maintain the commercial activity at Fourth Avenue and High Street as long as possible. He said the architects responded to City requests for sunlight on the plaza by designing the Headquarters Building around the plaza. Now EWEB officials have indicated they will pay for part of the construction of the plaza if it is done now. The council voted on the plaza previously when the council approved the Downtown Plan and the CIP. Mr. Holmer said the plaza would be desirable and he does not want to delay it. However, he objects to the process being used and the lack of a realistic - MINUTES--Eugene City Council September 28, 1987 Page 6 appraisal of the City's fiscal problems. He will second the motion according to council policy but he will oppose the motion. e Ms. Ehrman moved, seconded by Mr. Holmer, to give tentative approval to the 4th Avenue River Plaza project scope, to refer the proposed project to the Downtown Commission and Budget Committee for their review, and to adopt the project schedule outlined in the staff memorandum. Roll call vote; the motion carried 6:1 with Councilors Ehrman, Schue, Bascom, Rutan, Miller, and Bennett voting aye and Councilor Holmer voting nay. IV. ORDINANCE ADOPTING AMENDMENTS TO THE TRAFFIC CODE AND SHOPLIFTING CODE PROVISIONS City Manager Mi chea 1 Gleason introduced the item. Eric Mellgren of the Police, Fire and Emergency Services Department gave the staff report. He said the State Legislature changed several traffic and theft laws that the City enforces. The proposed ordinance changes will adopt the State Motor Vehicle Code and will make the Petty Larceny and Shoplifting sections of the Eugene Code conform to State law. Mr. Gleason said an amended page 3 to the ordinance was distributed to the councilors. The change was (material in parentheses was deleted and underlined material was added): 4.930 Theft of Services. e (1) Theft of services in the (second) third degree. A person commits the crime of theft of services. . . CB 2984--An ordinance concerning offenses and traffic code provisions; amending Sections 4.805, 4.820, 4.825, 4.930, 4.990, 5.005, 5.010, 5.225, 5.555, and 5.590 of the Eugene Code, 1971; repealing Sections 5.280, 5.550, and 5.560 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. The motion carried unanimously, 7:0. Councilor Bill 2984 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. 19500). e MINUTES--Eugene City Council September 28, 1987 Page 7 V. ORDINANCES LEVYING ASSESSMENTS: CONTRACTS 86-16, 86-03, AND 86-04 e City Manager Micheal Gleason introduced the item. He said there were no remonstrances to the assessments. CB 2985--An ordinance levying assessments for paving and storm sewers on Country Club Road from Willagillespie Road north to Sand Avenue (Contract #86-16). CB 2986--An ordinance levying assessments for sanitary sewers to serve Highway 99 North from W. Enid Road to 2,000 feet northwest; Enid Road from W. Enid Road to Airport Road and along Airport Road from Enid Road west to the urban growth boundary (1,600 feet); and Airport Road from Enid Road east to Highway 99 North (Contract #86-03). CB 2987--An ordinance levying assessments for paving an alley from 14th Avenue to 15th Avenue, between Oak Street and Willamette Street (Contract #86-04). Ms. Ehrman moved, seconded by Mr. Holmer, to approve the findings of the Hearings Official and that the bills 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. ~ Council bills 2985, 2986, and 2987 were read the second time by council bill _ number only. Mr. Ehrman moved, seconded by Mr. Holmer, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bills were declared passed (and became Ordinances Nos. 19501 (CB 2985), 19502 (CB 2986), and 19503 (CB 2987). At 8:25 p.m., Mayor Obie adjourned the meeting to September 30, 1987. ~~ '(A~ ~ Micheal Gleason City Manager (Recorded by Betty Lou Rarick) mncc0928 4IJ MINUTES--Eugene City Council September 28, 1987 Page 8