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HomeMy WebLinkAbout12/12/1988 Meeting (2) e M I NUT E S Eugene City Council Council Chamber--City Hall December 12, 1988 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Robert Bennett, Freeman Holmer, Jeff Miller, Roger Rutan, Emily Schue. COUNCILORS ABSENT: Debra Ehrman, Cynthia Wooten. The regular meeting of the Eugene City Council was called to order by His Honor Mayor Brian B. Obie. Mayor Obie announced that agenda item VIII. concerning the disposal of surplus property had been removed from the agenda. 1. PUBLIC FORUM Mayor Obie announced that consideration of Laurelwood Golf Course was not a e scheduled agenda item and he encouraged those in the audience who wished to receive notice when it is scheduled to leave their names with Assistant City Manager Dave Whitlow. Mayor Obie welcomed those attending the meeting and said the council has a mandatory adjournment time of 10:30 p.m., unless extended by majority vote of the council. Mayor Obie said the public forum is an opportunity for people to express opinions and provide information to the council about issues that are not scheduled for council consideration. He said the council will not respond immediately to the concerns expressed in the public forum. Rick Rodrigues, 1662 Walnut Street, referred to the recent hunger strike of a local AIDS victim. He said a letter had been received from the Office of Policy Development indicating that President-elect Bush's administration would work to develop solutions to the AIDS problem that would be sensitive to persons with AIDS. Mr. Rodrigues asked for the council's continuing support of those local organizations working in the fight against AIDS. Mayor Obie encouraged Mr. Rodrigues to attend meetings of the Budget Committee and the Joint Social Services Committee as they consider funding issues. - MINUTES--Eugene City Council December 12, 1988 Page 1 e II. PUBLIC HEARING: CODE AMENDMENTS CONCERNING ANIMAL CONTROL REGULATIONS City Manager Mike Gleason introduced the item. Assistant City Manager Dave Whitlow gave the staff report. Animal control regulations of the City were changed significantly last year, partly in an effort to begin controlling dangerous dogs. The amendments presently under consideration would make the program operate more effectively by alloWing for immediate care of litters, providing discretion on the euthanasia of healthy animals, increasing the fee for an unaltered dog, creating a handling fee for unwanted animals, clarifying responsibility for euthanasia of severely injured animals, and authoriZing a multi-year license. Mr. Whitlow said he anticipated that multi-year licensing could help reduce administrative costs without decreasing the animal control license revenue. Mayor Obie opened the public hearing. There being no requests to speak, Mayor Obie closed the public hearing. CB 4110--An ordinance concerning animal control regulations; amending Sections 4.330, 4.335, 4.340, 4.350, 4.385, 4.395, 4.420, and 4.990 of the Eugene Code, 1971; and declaring an emergency. CB 4111--An ordinance concerning dog license fees and terms; amending Section 4.395 of the Eugene Code, 1971; and providing an effective date. e Ms. Bascom moved, seconded by Ms. Schue, that the bills, with unanimous consent of the council, be read the second time by council bill numbers only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. Council Bills 4110 and 4111 were read the second time by council bill number only. Ms. Bascom moved, seconded by Ms. Schue, 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 Ordinance No. 19587 and Ordinance No. 19588). III. PUBLIC HEARING: CODE AMENDMENT CONCERNING THE SIGN CODE City Manager Mike Gleason introduced the item. He said the amendment would allow the City to take advantage of a change in State law that would provide for an entrance sign to the community. When the interim sign code was adopted, a provision which exempted public signs from the requirements of the code was inadvertently omitted. The proposed amendment would add a section to the interim sign code exempting public signs from all of the requirements of the code except those pertaining to construction and safety and would e MINUTES--Eugene City Council December 12, 1988 Page 2 e delete a section from the interim code exempting public signs from the requirement to obtain a permit. Responding to Mr. Holmer's inquiry about a delay in the council's review of the sign code, Allen Lowe, Planning, Development, and B~ilding Department staff, said the item would come to the council in mid-spring 1989. Mayor Obie opened the public hearing. There being no requests to speak, Mayor Obie closed the public hearing. CB 4112--An ordinance concerning miscellaneous signs; amending Section 8.670 of the Eugene Code, 1971; and declaring an emergency. Ms. Bascom moved, seconded by Ms. Schue, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote, the motion carried unanimously, 6:0. Council Bill 4112 was read the second time by council bill number only. Ms. Bascom moved, seconded by Ms. Schue, that the bill be approved and given final passage. Ro 11 ca 11 vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19589). e, IV. PUBLIC HEARING: ORDINANCE CONCERNING SOLAR SETBACK STANDARDS--INFILL WAIVER City Manager Mike Gleason introduced the topic. Jim Croteau, Planning, Development, and Building Department staff reported that on September 12, 1988, the council considered a revision to the solar access standards that would allow a setback waiver in certain infill situations. Subsequent to the public hearing, Councilor Miller proposed an amendment that would broaden the waiver to apply to a larger number of lots. In an October work session, the council looked at that proposal and heard an analysis that it would affect approximately 600 lots throughout the city. Mr. Croteau said the infill waiver would apply to any vacant lots that are situated between two developed lots that were developed on January 1, 1987. Letters of testimony have been received from EWEB and the Homebuilders Association. Both letters request postponement of consideration of the infill waiver until the council undertakes a more comprehensive review of the effects of the solar access regulations. Planning staff is currently contracting to survey homes that have been built under the solar access regulations and to look at the success of the metro project in the Portland area. That report will be presented to the Planning Commission and City Council in March or April 1989. Staff would support approval of the proposed e MINUTES--Eugene City Council December 12, 1988 Page 3 e ordinance as an interim measure until council completes its review of the entire ordinance. Responding to a question from Ms. Bascom, Mr. Croteau said there was no provision in the current solar setback requirements that granted a waiver to the extent of the ordinance before the council. For restrictive lots, a lesser standard for solar setback is required and minimum house height is guaranteed. Answering a question from Ms. Schue, Mr. Croteau said Building Division staff reports that there have been some problems with designers meeting the requirements of the solar setback. Educating designers and builders has helped overcome some of those problems and Mr. Croteau was unaware of any specific situations which would have benefited by this particular provision. Mr. Bennett asked about review of solar issues on a statewide basis and Mr. Croteau said the main interest is in the Portland metropolitan area. A comprehensive analysis in 22 communities has led to the adoption of ordinances that are similar to each other and somewhat different than the one in place in Eugene. Mr. Croteau identified one of the problems with Eugene's ordinance as the fact that solar protection can be provided for one's neighbor, but to do that, one's own home may have to be situated so it is shaded. The ordinances being considered in the Portland area have a "solar balance point." He said the north/south dimension required in Eugene's regulations is considered too narrow to adequately provide flexibility. At least 80 percent of the lots in a new subdivision must have a north/south e, dimension of at least 80 feet. Mr. Croteau expected to bring suggestions to the council that will be in line with what is occurring in the Portland area. Mayor Obie opened the public hearing. Susan Jakobosky, 2018 Orchard Street, spoke as president of the Willamette Valley Solar Energy Association. Ms. Jakobosky said her organization was aware of some difficulties with the solar access ordinance and hopes to reach consensus with the Homebuilders Association to recommend revisions to the council by spring. Some of the revisions Ms. Jakobosky anticipated recommending would address issues of neighborhood compatibility and would probably represent a more comprehensive solution than the current proposal. Ms. Jakobosky requested the council to delay its action in order to consider all proposed revisions simultaneously as part of the one year review process. Mayor Obie closed the public hearing. Mr. Miller expressed appreciation for the cooperation between the homebuilders and the solar community. He said the passage of the proposed amendment would not increase staff time and would emphasize the importance of addressing the issue. When the full solar ordinance is being reviewed, Mr. Miller said he would not hesitate to support a comprehensive program that e MINUTES--Eugene City Council December 12, 1988 Page 4 e would bring Eugene into compliance with the rest of the state, but at this time he favored adoption of the proposed ordinance. Ms. Schue pointed out that passage of a new ordinance does require staff time. She concurred with the recommendations of the Homebuilders Association, Solar Energy Association, and staff to review all the issues at one time. Ms. Schue moved, seconded by Ms. Bascom, to table the issue until the council reviews the entire solar ordinance. Roll call vote; the motion passed, 4:3, with Councilors Schue, Bascom, Rutan, and Mayor Obie voting aye; and Councilors Bennett, Miller, and Holmer voting against. V. PUBLIC HEARING: ORDINANCE POSTPONING WEATHERIZATION PROGRAM City Manager Mike Gleason introduced the topic. Mr. Croteau, Planning Department staff, reported that in 1981, the council adopted a weatherization ordinance which was to go into effect in 1985. The program was to be coupled with voluntary energy conservation programs of EWEB and the Bonneville Power Administration (BPA) and would provide for mandatory weatherization of homes built prior to January 1974. Because the voluntary programs were providing effective energy conservation, in 1984 the council postponed the effective date of the Weatherization Ordinance until January 1, 1989. Those voluntary e programs are continuing to provide significant energy conservation. Staff again recommended that council postpone the effective date of the ordinance until January 1, 1991 and that the council request a report by July 1, 1990, on the impact of the proposed ordinance and the success of the voluntary programs. EWEB submitted written testimony concurring with staff's recommendation and requesting the postponement for a two year period. Mr. Holmer asked whether it was anticipated that the 1990 report would indicate the continued need for the ordinance. Mr. Croteau said BPA occasionally does updates on the need for energy conservation and power planning for the future. At this time, he said it is unknown whether this measure will be considered necessary. Mr. Croteau added that the mandatory weatherization ordinance affects homes built prior to 1974, and it is unknown how many of those homes already have been weatherized under a voluntary program. The recommended study would assess the impact of those programs and provide a better indication of whether the ordinance is needed and what its potential cost would be to homeowners. Mr. Gleason referred to a provision in the Northwest Power Planning Act that specifies that any area that does not meet the planning guidelines of the district could be subject to rate penalties. That provision was one of the reasons the ordinance was enacted and Mr. Gleason said that by keeping the e MINUTES--Eugene City Council December 12, 1988 Page 5 e ordinance, Eugene remains exempt from any such fines. If power prices rise, Mr. Gleason felt that having the ordinance in place will be advantageous. Responding to Mr. Holmer's inquiry, Mr. Gleason said he was unsure if changing the effective date of the ordinance from 1991 to 1995 would meet with the approval of the Northwest Power Planning Commission. Mayor Obie opened the public hearing. Ernest Webb, 2715 Emerald Street, asked for assistance to use his electric heat more efficiently and to further weatherize his home. He said there are other citizens like himself who would benefit from learning more about weatherization. Mayor Obie directed staff to contact Mr. Webb to outline the voluntary programs available. Mayor Obie closed the public hearing. CB 4114--An ordinance postponing the effective date of the Weatherization Code Provisions. Ms. Bascom moved, seconded by Ms. Schue, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously. Council Bill 4114 was read the second time by council bill number only. e, Ms. Bascom moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; councilors present voting 5:1 in favor, with Councilor Holmer voting against, the bill was declared passed (and became Ordinance No. 19591). VI. PUBLIC HEARING: CITY OF EUGENE SUPPLEMENTAL BUDGET NO. 2 City Manager Micheal Gleason explained that the proposed budget was heard before the Budget Committee at its last meeting and the Budget Committee was recommending the council1s consideration of the supplemental budget. Mayor Obie opened the public hearing. There being no requests to speak, Mayor Obie closed the public hearing. CB 4115--An ordinance adopting a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 1988, and ending June 30, 1989; and declaring an emergency. e MINUTES--Eugene City Council December 12, 1988 Page 6 e Ms. Bascom moved, seconded by Ms. Schue, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 6:0. Council Bill 4115 was read the second time by council bill number only. Ms. Bascom 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. 19592) Mayor Obie recessed the meeting of the Eugene City Council and convened the meeting of the Eugene Renewal Agency. VII. PUBLIC HEARING: EUGENE RENEWAL AGENCY SUPPLEMENTAL BUDGET NO. 1 City Manager Micheal Gleason said the matter was heard by the Budget Committee which recommended the Eugene Renewal Agency's adoption of the supplemental budget under consideration. Mayor Obie opened the public hearing. There being no requests to speak, Mayor Obie closed the public hearing. e, Res. No. 93S--A resolution adopting a Supplemental budget; making appropriations for the Eugene Renewal Agency for the Fiscal Year beginning July 1, 1988 and ending June 30, 1989. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote, the motion carried unanimously, 6:0. Mayor Obie adjourned the meeting of the Eugene Renewal Agency and reconvened the meeting of the Eugene City Council. VIII. AUTHORIZATION TO DISPOSE OF SURPLUS PROPERTY This item was deleted from the council's agenda. IX. RESOLUTION ACCEPTING STATE FUNDS FOR PUBLIC IMPROVEMENTS TO WEST FIFTH AVENUE City Manager Micheal Gleason introduced the item. Lee Beyer, Eugene Planning, Development, and Building Department staff, said the resolution followed up action by the council last spring in which an application was e MINUTES--Eugene City Council December 12, 1988 Page 7 e made to the State for public works grant/loan activity to extend a water line to the Swenson Brothers pizza facility. The grant was awarded, the line has been completed, a bill has been received from EWEB, and adoption of the resolution fulfills the final State requirement needed to obtain cash disbursement. Res. No. 4103--A resolution approving and authorizing execution of financial assistance contract with the State of Oregon to fund a water line installation. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion carried, 5:0:1, with Councilor Holmer abstaining because his agenda was incomplete. X. RESOLUTION CONCERNING ICMA RETIREMENT TRUST DECLARATION Tim Sercombe, City Attorney's Office, explained that the International City Managers Association (ICMA) is the pension fund manager for six former City employees. The Federal government requires ICMA to hold those assets through a trust. ICMA is asking the City to approve the ICMA Declaration of Trust which will have ownership of those pension funds. If the trust is not approved, the funds held by ICMA for former City employees may be declared taxable income. The resolution will authorize the City's participation with respect to information flow about that trust. e Responding to Mayor Obie's question, Mr. Sercombe said the trust will have a governing body that will report to the trustee, composed of representatives of employees from around the country who participate in the trust. That trustee has not yet been selected. Mr. Bennett thought it was possible to transfer funds from one retirement trust to another vehicle, and Mr. Sercombe said it was unclear whether taking funds from ownership by a trust, owning it oneself, and then transferring it to another beneficial owner was a taxable event, but he assumed the affected former employees want their funds to continue to be managed in such a way that they continue to be untaxed. Mr. Bennett said Mr. Sercombe1s comment did not answer the question he had asked about transferring funds and it appeared that the employees do not desire to have that occur. Mr. Gleason said it was typical for previous city managers to hold the trust in ICMA and transfer it around the country. Mr. Holmer pointed out that the matter before the council identified a Declaration of Trust attached as Exhibit A, but that attachment was not included in the agenda packet. In his opinion, acting to pass a resolution without having the document on which action is being taken before the council would be careless. e MINUTES--Eugene City Council December 12, 1988 Page 8 .... e Mayor Obie asked if the council's passage of the resolution would create any liability. Mr. Sercombe replied that the City is not taking on any responsibilities other than to act to receive information on behalf of the employees. It is not taking over a management role with respect to the assets, nor on anything in which it has a different fiduciary responsibility to the previous employees than it might already have. In his opinion, there was no liability being assumed by the City by the council's authorization of this trust. Anyone who has pension funds can ask that they be presently vested and remove their funds from the trust, so the action has the cooperation and understanding of the employees involved. Ms. Bascom clarified that the funds would not be taxable because the involved employees have not retired yet but have moved to another employment jurisdiction. No councilors other than Mr. Holmer indicated a desire to see the exhibits referred to in the resolution. Res. No. 4104--A resolution directing execution of the ICMA Retirement Trust declaration and dedicating program administration to the City Manager. Ms. Bascom moved, seconded by Ms. Schue, to adopt the resolution. Roll call vote; the motion passed 5:0:1, with Councilor Holmer abstaining. e, XI. APPOINTMENTS: MAYOR'S NOMINATIONS TO AIRPORT COMMISSION AND COMMUNITY DEVELOPMENT COMMITTEE Mayor Obie noted that the recommendations were made jointly by the Mayor and Mayor-elect. It was clarified that although Ms. Counard works with Mr. Bennett, that did not constitute a conflict of interest. Ms. Bascom moved, seconded by Ms. Schue, to reappoint Robert Bolton to the Airport Commission for a term ending December 31, 1992, and to reappoint Jami Counard and appoint Carol Rucker to the Community Development Committee for terms ending December 31, 1991. Roll call vote; the motion carried unanimously, 6:0. XII. CITY COUNCIL MINUTES: OCTOBER 26, 1988 Ms. Bascom moved, seconded by Ms. Schue, to approve the City Council meeting minutes of October 26, 1988. Ro 11 ca 11 vote; the motion carried 5:0:1, with Councilor Bascom abstaining because she was absent from the meeting. The meeting was adjourned at 8:15 p.m. to December 14, 1988. e MINUTES--Eugene City Council December 12, 1988 Page 9 - . Respectfully submitted, ";"~" /-::'~ ,-:--;~~..' ~::!? ", "- . . . . ,,-'.._,J_, . ....... .... . _'.': r ~_ _.~- t1'" po ,..... :.' , // .~ ~i.~h~~(Gl~~~ City Manager (Recorded by Mary Feldman) mncc 121288-730 e e MINUTES--Eugene City Council December 12, 1988 Page 10