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HomeMy WebLinkAbout10/25/1982 Meeting , -- . _7" .", - M I NUT E S - Eugene City Council Council Chamber, City Hall October 25, 1982 7:30 p.m. COUNCILORS PRESENT: John Ball, D.W. Hamel, Mark Lindberg, Gretchen Miller, Brian Obie, Emily Schue, Betty Smith. COUNCILOR ABSENT: Cynthia Wooten. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. Mayor Keller welcomed students from the University of Oregon School of Journalism. Mayor Keller reminded councilors that the deadline for applying for positions on City boards and commissions was October 31 and noted that one of the vacancies was on the Planning Commission. He urged councilors to contact citizens interested in applying for positions. I. REPORT FROM SISTER CITY DELEGATION ON RECENT TRIP TO KAKAGEWA, JAPAN e Mayor Keller introduced those who had traveled with the Sister City Delegation and worked on the trade mission and asked them to make a few remarks about their experiences. Wendell Hamilton, head of the Eugene Chamber of Commerce, said that the ten members of the delegation had added business meetings and contacts to the traditional friendship and cultural exchanges. He shared photographs of a meeting of the delegation with representatives of the Japanese government in Tokyo. He said that productive meetings had been held with forestry service officials, the forester for the Kakegawa prefecture, and the Assistant Secretary of Agriculture. Bill Anderson, a local lumber broker, said that some members of the delegation had held a series of meetings with business and government officials to discuss such issues as treatment of soils to prevent penetration of water in recently harvested areas and the possibility of Japanese firms locating in Eugene. He said that Mayor Keller had emphasized this latter point in his discussions and presentations throughout the trip. Mr. Anderson said that the recommendation made to the delegation was to have the City prepare a professional brochure in Japanese, following Japanese style and form, and to work with State and Federal agencies and the Port of Portland to promote Eugene. He said all those contacted had emphasized the need to convince the Japanese of the sincerity of Eugene's efforts and to persevere with efforts over what could be a long time period. '. MINUTES--Eugene City Council October 25, 1982 Page 1 .: ~ -: . ,', . -- Wayne Musgrove said that having both the Mayor and the head of the Chamber on the delegation added to the group's "clout", since the Japanese are very aware of titles and positions. He said that the group's stay in Kakegawa had included a banquet, a visit to City Hall, and visits to three area industrial plants. , He said that a "summit" meeting had been held with the officials of Kakegawa's prefecture, which had provided opportunity for an exchange of ideas and for the Eugene delegation to discuss what is available for businesses and industries in Eugene. Mr. Musgrove praised the stamina and energy of the Mayor in his efforts to promote Eugene and to represent the City on the trip. Mayor Keller introduced other members of the delegation and said that Corinne Hunt and Jean Paul, who had been on the delegation, were not present. He said that the general response the delegation got from government and industry representatives was that there were interest in and encouragement for Eugene's efforts but that the City should recognize that, to be successful, such efforts would require sincerity, dedication, and hard work over a long period of time. Mayor Keller said that the Kakegawa/Eugene Sister City program was one of the most active of these programs. On behalf of the City Council, Council President Obie expressed his thanks to Mayor Keller, his wife, and the other members of the delegation for their time and hard work. II. PUBLIC HEARINGS A. Consideration of Abatement of Property located at 2444 University - Street (memo, background information distributed) City Manager Micheal Gleason introduced Bob Thomas, Department of Housing and Community Conservation (HCC). Mr. Thomas said that since an abatement is equivalent to the taking of property, he would need to recite for the record the hazardous conditions that exist on the property, for use by the City Attorney's Office in preparing a resolution to bring before the council. He noted that since the building is vacant, there is no question of displacement or relocation of occupant s. Mr. Thomas listed the following violations of Chapter 8 of the City Code: 1 ) Supporting wood members in the structure are too small or too rotted out to support the building load; 2) The kitchen sink does not h'ave the proper type of drain trap to prevent noxious gases from escaping into the building; 3) The covered porch is located too close to the property line--this is a danger since it both raises the chance of spread of fire to and from neighboring structures and makes access for emergency vehicles difficult; and 4) There is a lack of weather protection due a leaking roof, inadequate paint protection, and lack of gutters. Mr. Thomas said that in addition there is a violation of Chapter 6 of the Code because the building is an attractive nuisance which is open to children and transients and because debris accumulated on the property could harbor rats or other pests. Mr. Thomas said that owners of the property were notified on March 22, 1978, of the condition of the building and have failed to make the necessary repairs. He said that present in the Council Chamber was a person interested in purchasing the structure and correcting the violations, assuming that action is not taken by the council to remove the building. Mr. Thomas said that the broker for that - person was also present. Mr. Thomas said staff recommended that that the council MINUTES--Eugene City Council October 25, 1982 Page 2 " _: . - direct the City Attorney's Office to prepare a resolution to abate, with the -- requisite findings, but direct staff to use its discretion in implementing the resolution. He said that the direction from the council should include specific performance dates for the sale of the building and the commencement of work to correct the violations. Mr. Thomas introduced Jerry Marugg, the Housing Inspector who had made the inspection on the property, and said Mr. Marugg could respond to questions from councilors on the inspection. Mayor Keller said that letters to the council on this matter had been received from Janet Summerville and Ken David. Public hearing was opened. Vern Ho, 2455 University Street, said that he lived near the house at 2444 University and that he supported the abatement proceedings. He thanked City staff members for their help in addressing the concern of the neighbors regarding the hazard presented by this building. Toivo Lein, 2448 University Street, said he agreed with the remarks made by Mr. Ho. Ron Coil, 1311 Lorane Highway, said he was the person mentioned by Mr. Thomas as wishing to buy the house at 2444 University Street. He said that he is a builder and had experience with fixing up buildings in conditions similar to that of this house. He said wanted to refurbish the structure as a rental. e There being no further public testimony, public hearing was closed. Responding to questions from Councilor Obie, Mr. Coil said that he had signed a contract for purchase of the property, contingent on the action taken by the council. He said he believed that the sale would be consummated by November 20, 1982, with work on the structure being started within 60 days following that date. Responding to a question from Councilor Ball, Mr. Coil said the down payment he would make for the building would be $5,000. He believed that he could do the necessary work on the building for approximately $10,000. Mayor Keller pointed out the sense of urgency in dealing with the problem, which had been troubling neighbors since 1978. Mr. Coil said he understood this and would work as swiftly as possible to make the building secure. Responding to comments from Councilor Obie, Tim Sercombe, City Attorney's Office, said that if the council voted to proceed with abatement, a resolution would be prepared for consideration at a future council meeting. At that time, the council could order that the nuisance be abated or that the building be made safe. In response to a question from Councilor Lindberg, Mr. Thomas stated that, in his opinion, unless Mr. Coil was counting on performing all of the labor himself and using stockpiled materials, $10,000 was not enough to correct the code e violations. MINUTES--Eugene City Council October 25, 1982 Page 3 " ~. . Mr. Obie moved, seconded by Ms. Schue, to approve the abatement of e the dangerous property located at 2444 University Street, and to direct staff to prepare specific findings and an appropriate resolution for adoption by the Eugene City Council. Mr. Obie said that while his motion did not include the specific performance dates mentioned above, those dates were understood to be applicable and could be used in the resolution if staff felt that was the best way to proceed. Councilor Schue said she felt that repair of the building was the best solution and urged staff to work to encourage this to happen. Roll call vote; motion carried unanimously. B. Cottage Unit and Shared Housing Code Amendment (CA 82-3) (memo, background information distributed) September 13, 1982 Recommended approval by Planning Commission Vote--6:0 Mr. Gleason introduced Gary Chenkin, Planning. Mr. Chenkin said that the code amendment before the council had two separate components. He said that the cottage unit proposal would allow splitting of a parcel of land in the R-2, R-3, R-4, RG, and RP zoning districts that had alley access, to allow construction of a separate cottage unit on the rear parcel. He said that the shared housing proposal would allow a homeowner to rent or lease a portion of his/her home as a separate, accessory dwelling unit. Mr. Chenkin said that shared housing could help ease the financial burden of home ownership, thereby helping people remain e in their homes. Mr. Chenkin said that in both cases there would be no increase in density over that allowed in the zoning districts in which the parcels were located, since the cottage units were only being recommended for multi-family zoning districts, and since the shared housing would retain the existing City Code requirement that the building could not be occupied by more than five people unrelated by blood or marriage. Councilor Miller asked how this Code requirement would be enforced. Mr. Sercombe responded that such restrictions had been upheld by the courts in the past and said that he would, at a future meeting, provide the council with information on this requirement. Public hearing was opened. Marsha Swartz, 116 Knoop Lane, said that she had spent a great deal of time trying to find an affordable solution to the problem of having her 80-year-old mother live in a separate unit in or near her home. She said that both proposals before the council contained good solutions to her problem and those of people in similar situations. She urged the council to adopt the ordinance. Scott Bartlett, 1123 Sarber Drive, said that he had testifed before the Planning Commission on this matter. He felt that both proposals were good examples of Eugene's progressive spirit in land use issues and would assist property owners, such as himself, who need flexibility in order to continue to own their homes. He said that such measures were particularly needed in view of the present e state of the economy. He urged the council to pass the ordinance. MINUTES--Eugene City Council October 25, 1982 Page 4 " '"" .' . - Laura Johnson, 1810 Fairmount Boulevard, spoke in opposition to the ordinance. . She said that she opposed the shared housing or accessory unit concept, since it had the effect of allowing duplexes where they were not previously permitted. She felt that this was an "outrageous and ill-timed" effort to create duplexes in single-family neighborhoods in Eugene, particularly in those neighborhoods with larger homes. She noted that she had followed these proposals during their discussion by the Joint Housing Committee and had expressed her concerns to that group. She said that the provision of three off-street parking spaces would not necessarily be adequate to keep cars of building residents from being parked in the street. Ms. Johnson said she did not understand why the Joint Housing Committee was discussing creation of more housing when the population of the area was declining and when there was currently excess housing in all neighborhoods and at all price ranges. She said that she and other landlords in Eugene were fighting the problem of vacant units and unpaid rents. She felt that the proposed ordinance would take more tenants out of existing rentals and could add to the City's current "housing crisis". She urged the council to put the ordi nance on a "back burner" unt i 1 the area's popul at ion has caught up with the vacancy rate. Phil Rose, 89976 Shore Lane, said that he served on a Lane County citizen committee concerned with housing issues. He said that group had given money to a designer to design separate dwelling units that could be placed on a person1s property to house that person's relatives. He felt that the proposals before the council lost sight of the intention to serve relatives of the property owner. He questioned whether it was a good idea to build more units at a time when existing units were being turned back to the bank. He said he could see both pro's and con's to the proposals. e There being no further testimony, public hearing was closed. Mr. Chenkin responded to some of the concerns that had been raised in testimony. He said that the shared housing proposal would only apply to owner-occupied buildings and that there were maximum size limits for the accessory unit. He felt that these restrictions eliminated the parallel of shared housing with creation of a duplex. Mr. Chenkin addressed the question of limits on the total number of residents in a building under the shared housing proposal and referred to the provision in the proposed ordinance, which states that unless all the people in a unit are related, then the total number of residents is a maximum of five. Mr. Chenkin said he believed that Mr. Rose was referring to the "Granny Flat" proposal, which was still being considered by the Joint Housing Committee, and which would provide for a movable unit to be constructed temporarily on a person's property to house a relative. Mr. Chenkin noted that the Federal Government had made a grant to a Eugene designer to design a prototype "Granny Flat" unit. Councilor Hamel urged the council to pay attention to the concerns raised by Laura Johnson. He felt that the largest demand for the types of housing being proposed would be in the area near the University of Oregon and that existing traffic and parking problems in that area could be magnified by these uses. e MINUTES--Eugene City Council October 25, 1982 Page 5 = . Councilor Schue said that the Joint Housing Committee had worked over a two-year . period on development of these proposals. She said that the shared housing proposal could help older people afford to remain in their homes if they wished to take advantage of the ordinance. Referring to the concerns raised by Ms. Johnso~, she said that duplexes are legal on every corner lot in the City and that they do not seem to have hurt property values. She felt that the proposals provided flexible housing options for citizens and should be adopted. Councilor Obie supported the ordinance and felt that the current economic climate provided a need for such measures to address hardships being felt by City residents. Councilor Miller agreed with Mr. Obie and said that the proposals would meet the needs of many extended families who were faced with the economic need to share dwellings. She said the ordinance would provide sources of income and sources for lower cost housing. She said that this was an example of the City trying to eliminate unnecessary regulations and let the market respond. Councilor Lindberg said that these proposals addressed the long-range housing needs of the City and would help owner/occupants of property meet current economic problems. Councilor Smith commended staff members for the efforts that had been made to address the concerns of neighborhood groups, particularly the South University Neighborhood Association, regarding the proposals. Councilor Ball addressed the problems of rental housing owners and noted that e the City and the council were making progress in efforts to deal with these problems through the six-point economic diversification program. He said that the council also had an obligation to plan for the City's long-range housing needs. He commended Ms. Schue, Bob Linz, and the other members of the Joint Housing Committee for their work on the proposals. CB 2548--An ordinance concerning cottage units and shared housing; amending sections 9.015, 9.060, 9.254, 9.310, 9.324, 9.338, 9.352, 9.366, 9.380, 9.394, 9.540, 9.542, 9.548, 9.562, and 9.586 of the Eugene Code, 1971; and declaring an emergency. Councilor Hamel said that he opposed the ordinance but would vote in favor of it on the first reading. Mr. Obie 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. Roll call vote; motion carried unanimously. Council Bill 2548 was read the second time by council bill number only. e MINUTES--Eugene City Council October 25, 1982 Page 6 I .,;. . . Mr. Obie moved, seconded by Ms. Schue, that the bill be approved e and given final passage. Roll call vote; motion carried 6:1, with Councilors Ball, Lindberg, Miller, Obie, Schue, and Smith voting in favor, and Councilor Hamel voting in opposition. The bi 11 was declared passed and numbered 19035. C. Annexation/Rezoning Requests 1. Property located on the east side of Prairie Road and south of Beltline from County M-3 Heavy Industrial District to City M-2 Light Industrial District and City Industrial Sign District (Lloyd Maxwell) (AZ 82-1) (map, background information distributed) Recommended approval by Planning Commission September 21, 1982 Vote--5: 0 Mr. Gleason introduced Jim Croteau, Planning. Mr. Croteau said that property involved in the request included 8.3 acres located on the east side of Prairie Road, south of Beltline Road. He said that the Metropolitan Area General Plan designated the property for Light- to Medium-Industrial use. He said the parcel was surrounded by vacant and developed industrial properties. Mr. Croteau said that this was the first non-contiguous annexation proposal to be brought before the council as a result of the policy on such annexations adopted by the council in July 1982. He read the three criteria contained in that policy. He said that the present request complied with all three criteria, since 1) the property was located within the urban growth boundary and its annexation was consistent with the Metropolitan Area General Plan and other adopted City policies; 2) a minimum level of key urban services was available to the property, and the e property did fit in with the long-term service plans for the area; and 3) the annexation was completely voluntary and represented the wishes of the majority of owners (in this case one owner) of both the land value and land area involved in the request. Mr. Croteau emphasized that the non-contiguous annexation policy adopted by the council applied only to industrial land and would not affect the requirement that residential and commercial annexations must be contiguous. Mr. Croteau noted that the Planning Commission had considered this matter on September 21, 1982, and had recommended approval. Mr. Croteau said that the annexation request had been referred to the public agencies and utilities involved but that efforts to coordinate fire protection for the site were still being pursued by City Fire Chief Ev Hall, who was working with the Lane Rural Fire Protection District (LRFPD) to develop a means whereby the City could contract back to LRFPD for service. Mr. Croteau suggested that the council take public testimony on the request but leave the matter open for one month" until these arrangements can be resolved. He said after such resolution staff would return to the council with a recommendation on the annexation and zone change request. Public hearing was opened. e MINUTES--Eugene City Council October 25, 1982 Page 7 ,;:: - . Lloyd Maxwell, 315 Coburg Road, said he believed that staff had summarized the e situation correctly. He said he would be available to respond to questions from councilors. J. Kenneth Jones, 998 Ferry Lane, said he was an attorney representing the Lane Rural Fire Protection District. He referred to written material that had been distributed to councilors on this matter. He said that LRFPD had not received any referrals on this annexation from the City of Eugene and that since they had not known of the proposal they had not participated at the time of consideration of the matter by the Planning Commission. He hoped that the City Council would provide an opportunity for coordination of fire protection efforts for this site. He said that LRFPD was very concerned about the effect of non-contiguous annexations and of later fill-in annexations on fire protection. Mr. Jones said that the LRFPD Fire Chief and the chairperson of the board of directors were present but that, based on the City staff recommendation, they would not testify but would be available to respond to questions. Betty Donaldson, 398 Hawthorne, said she was a member of a River Road group opposing annexation of that area to the City of Eugene. She distributed a written statement of the findings of the State Attorney General's office responding to the question of leapfrog annexations. She said the Attorney General said such annexations were illegal. She asked what type of storm sewers the City would provide for the proposed site, which was located on prime agricultural land, in proximity to wells and fishing lakes. She was concerned that Eugene Police serving the property in question would have to use Beltline Road. She asked what would happen to this property if Santa Clara became incorporated. e She felt there was sufficient land of this type already available in Eugene. Ms. Donaldson said that this annexation would make an "island" of property owned by the railroad in the area and wondered if the City would attempt to annex the railroad property. She referred to comments made by Councilor Wooten as recorded in the July 21, 1982, City Council minutes in which Ms. Wooten expressed concern with annexing areas on the outer fringe of the urban growth boundary. Wanda Simmons, 1183 Skipper, said that annexing this non-contiguous property could lead to annexation of intervening properties, such as the railroad property. She opposed this. She cited statements in the Oregon Revised Statues regarding extension of boundaries. Phil Rose, 89976 Shore Lane, said that Junction City had considered such leapfrog annexations and had decided against such action. He said that the City of Eugene needed to talk with the residents of the River Road area, listen to their concerns, and explain the costs of annexation. He felt that if the City had done this, there might not be such strong feeling in the area in favor of the status quo. He said it appeared to River Road residents that the City wanted to annex that whole area. There were no other members of the public who wished to speak. Staff notes and minutes were entered into the record. No ex parte contacts or conflicts of interest were declared by councilors. Public hearing was closed. e MINUTES--Eugene City Council October 25, 1982 Page 8 :.. . . Mr. Croteau responded to concerns raised during public testimony. He apologized e for the lack of adequate coordination with LRFPD and recommended that the public hearing be continued to a future council meeting with the hope that staff could meet with LRFPD representatives and return to the council with a plan that would be acceptable to all concerned. Mr. Croteau said that the subject property could be served by a 30-inch sanitary sewer pressure line that borders the property. He said any extraordinary sewer costs would be borne by the developer. Mr. Croteau said that the existing drainage swale would probably need to be improved if the property is developed. Responding to questions raised in testimony regarding possible future annexation of the railroad property, Mr. Croteau said that the non-contiguous annexation policy adopted by the council required that such annexations be voluntary. Mr. Croteau said that the council had adopted the policy as a part of its economic development program and that program's identification of the need to provide development-ready industrial land with a full range of urban services. Mr. Croteau noted that the acknowledged Metropolitan Area General Plan had designated the cities'of Eugene and Springfield as the logical providers of services within the urban growth boundary. Tim Sercombe, City Attorney's Office, addressed the written opinion that had been submitted by Ms. Donaldson. He noted that this was an opinion written by State legislative counsel and not by the State Attorney General, as Ms. Donaldson had stated. Mr. Sercombe said he believed that the author was incorrect in his opinion. Mr. Sercombe referred to Chapter 199 of Oregon Revised Statues and e noted that the City of Eugene and the area of the annexation request were located within the jurisdiction of a Boundary Commission and were therefore not governed by the same regulations as jurisdictions not subject to Boundary Commission procedures. Responding to a question from Mr. Obie, Mr. Croteau suggested that the council consider this item further at its November 15, 1982, meeting. Councilor Miller clarified the background of the City's adoption of the non- contiguous annexation policy. She said that the policy applied only to voluntary annexations and only to industrial land and that the matter had been researched by the Industrial Lands Task Force. Mr. Obie moved, seconded by Ms. Schue, to table item II-C-l for further consideration at the November 15, 1982, council meeting. Motion carried unanimously. 2. Property located south of West 11th Avenue and west of Willow Creek Road from County AGT, AGT-5, and RA Districts to City M-2 Light Industrial District and I-I Special Light Industrial District and City Industrial Sign District (Pitchford/Stringfield) (AZ 82-2) (map, background information distributed) Recommended approval by Planning Commission September 21, 1982 Vote 5:0 e MINUTES--Eugene City Council October 25, 1982 Page 9 , , - Mr. Gleason introduced Bill French, Planning. Mr. French said that the request involved 292.5 acres located on the south side of West 11th Avenue and west of Willow Creek Road. He said that 232.7 acres were involved in the Pitchford property and 60 acres in the Stringfield property. Mr. French said that the Stringfield property was currently zoned County RA and AGT-5 and was requesting application of the City M-2 Light Industrial District. He said that the Pitchford property was zoned County RA and AGT and was requesting application of the City 1-1 Special Light Industrial District. Mr. French said that these properties had been reviewed during council consideration of the Willow Creek Refinement Plan. He said that both properties were within the urban growth boundary. Mr. French noted that the Planning Commission had voted 5:0 to recommend approval of the request. No ex parte contacts or conflicts of interest were declared by councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Jim Saul, 44 Club Road, represented Mr. and Mrs. Pitchford. He referred to written statements in support of his clients' application, which were a part of the record. He said his clients desired the council to proceed with the annexa- tion and rezoning. Mr. Saul urged the council to affirm the recommendation of the Planning Commission and to forward the matter to the Boundary Commission with a recommendation for approval. Michael Farthing, 975 Oak Street, said he was an attorney representing the e Stringfield interests. He referred to written materials submitted in favor of his clients' application, which were a part of the record. He urged the council to affirm the zone change and recommend the annexation to the Boundary Commission. He said his clients wanted their land to be annexed to the City so that the land could be marketed. There being no further testimony, public hearing was closed. Res. 3733--A resolution forwarding a recommendation to the Boundary Commission for annexation of property located south of West 11th Avenue and west of Willow Creek Road to the City of Eugene and the Lane County Metropolitan Waste- water Service District. Mr. Obie moved, seconded by Ms. Schue, that findings supporting the annexation as set forth in Planning Commission staff notes and minutes of September 21, 1982, be adopted by reference thereto; and that the resolution be adopted. Roll call vote; motion carried unanimously. CB 2550--An ordinance authorizing rezoning from County AGT and RA districts to City M-2 Light Industrial District and the Industrial Sign District. e MINUTES--Eugene City Council October 25, 1982 Page 10 . . , e Mr. Obie moved, seconded by Ms. Schue, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of September 21, 1982, be adopted by reference thereto; 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. Council Bill 2550 was read the second time by council bill number only. Mr. Obie 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 numbered 19036. CB 2551--An ordinance authorizing rezoning from County AGT-5 and RA districts to City I-I Special Light Industrial District and the Industrial Sign District. Mr. Obie moved, seconded by Ms. Schue, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of September 21, 1982, be adopted by reference thereto; 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. Council Bill 2551 was read the second time by council bill number only. e Mr. Obie 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 numbered 19037. III. SYSTEMS DEVELOPMENT CHARGE AMENDMENTS (memo, ordinance distributed) Mr. Gleason introduced Assistant Director of Public Works Don Gilman. Mr. Gilman noted that the Systems Development Charge had been in effect for four and one-half years. He said that operations of the charge had recently been reviewed by the City Attorney's Office, the Finance Division, and the Public Works Department. He said that as a result of this review revisions to the ordinance had been suggested and noted that the proposed revisions had been distributed to councilors. Mr. Gilman distributed a revised page 4 to replace the page that had previously been distributed. Mr. Gilman said that the major changes proposed in the ordinance were 1) to address previous problems with property buyers not being informed of the existence of the charge by making the Systems Development Charge a lien against property from the outset; 2) to change the interest rate, now set at eight percent, to a flexible rate that would vary with bond issues, similar to the Bancroft rate; and 3) to change the method of calculating the charge from the current practice of basing the charge on the building permit value to calculation on the basis of floor area and the impact of the development on service systems. Mr. Gilman said that there were additional minor changes. He said staff recommended - approval of the ordinance. MINUTES--Eugene City Council October 25, 1982 Page 11 . . e Councilor Obie said that he was comfortable with the Systems Development Charge and agreed that there was a need for changes in the collection method. Councilor Hamel said he was pleased to see the staff taking care of keeping City ordinances up to date. He agreed with the need for the suggested changes. CB 2552--An ordinance regarding the systems development charge; amending Sections 7.275, 7.277, 7.279, 7.281, 7.283, and 7.285 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie 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. Roll call vote; motion carried unanimously. Council Bill 2552 was read the second time by council bill number only. Mr. Obie 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 numbered 19038. IV. ORDINANCES FOR SECOND READING re: LEVYING ASSESSMENTS Mr. Gleason said that City Engineer Bert Teitzel was present to respond to questions from councilors. e Councilor Obie said that Council Bill 2532 had been referred back to the Hearings Panel for consideration, pending receipt of a legal opinion as to the benefits issue related to the item. He said that the council would be considering the item again on November 22. Councilor Schue noted that some of the property owners who had raised the concern of improvement benefits were present. She suggested they get copies of the City Attorney's opinion on this matter from Mr. Teitzel. A. Consideration of Assessment Hearing Panel Minutes of October 18, 1982, and Findings of Fact (findings, minutes distributed) Mr. Obie moved, seconded by Ms. Schue, to approve the Assessment Hearing Panel minutes of October 18, 1982, and adopt the findings of fact. Councilor Obie said that he would vote against the levying of assessments on council bills 2539 and 2543, which were double-frontage lots. He said that four months ago the council had considered a motion to study the issue of assessments to double-frontage lots. He said that he had supported such a study but that the motion had failed. e MINUTES--Eugene City Council October 25, 1982 Page 12 " . e Councilor Smith said that it was difficult to vote to accept the recommendations of the Hearings Panel on the unresolved issue of double-frontage lots. She said she hoped the council would discuss the matter soon. Roll call vote; motion carried unanimously. B. Levying of Assessments CB 2528--An ordinance levying assessments for paving Fairway Loop from Eastwood Lane to Southwood Lane (81-06). Council Bill 2528 was read the second time by council bill number only. Mr. Obie 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 numbered 19039. CB 2529--An ordinance levying assessments for paving and storm sewer on Market Street from 5th Avenue to 7th Avenue (Seneca Industri al Park) (81-10). Council Bill 2529 was read the second time by council bill number only. Mr. Obie 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 numbered 19040. e CB 2530--An ordinance levying assessments for paving Luella Street from Bailey Lane to 175 feet north of Van Avenue (81 -28). Council Bill 2530 was read the second time by council bill number only. Mr. Obie 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 numbered 19041. CB 2531--An ordinance levying assessments for sanitary sewer in Cross Street from Cleveland Street to 1100 feet west and in Foch Street from 360 feet south to 800 feet south of Roosevelt Boulevard (80-62). Council Bill 2531 was read the second time by council bill number only. Mr. Obie 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 numbered 19042. CB 2533--An ordinance levying assessments for paving and sanitary sewer in Royalwood First Edition and within 160 feet of the south and west boundaries of Royalwood First Addition e (81-11). MINUTES--Eugene City Council October 25, 1982 Page 13 . Council Bill 2533 was read the second time by council bill number only. e Mr. Obie 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 numbered 19043. CB 2536--An ordinance levying assessments for paving, sanitary sewer, and sidewalk within and adjacent to Chippendale subdivision; and storm sewer 650 feet north of Harlow Road from Arcadia Drive to Calvin Street; and storm sewer 1,450 feet north of Harlow Road from Arcadia Drive to 300 feet east (81-16). Council Bill 2536 was read the second time by council bill number only. Mr. Obie 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 numbered 19044. CB 2537--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within Horizon West First Edition, and paving Park Forest Drive from Hawkins Lane to 65 feet east (81-26). Council Bill 2537 was read the second time by council bill number only. e Mr. Obie 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 numbered 19045. CB 2538--An ordinance levying assessments for paving pedestrian way, bike path, and storm sewer - paving on Gas Lamp Drive from Surrey Lane to approximately 350 feet east and south; and pedestrian way, bike path, sanitary sewer, and storm sewer 1150 feet north of Royal Avenue between Surrey Lane and Williams Street (81-27). Council Bill 2538 was read the second time by council bill number only. Mr. Obie 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 numbered 19046. CB 2539--An ordinance levying assessments for paving and sidewalk on Crescent Avenue from Gilham Road to Coburg Road (81-17). . Council Bill 2539 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote. Motion carried 6:1, with Councilors Ball, Hamel, Lindberg, Miller, Schue, and Smith e voting in favor, and Councilor Obie voting in opposition. The bill was declared passed and numbered 19047. MINUTES--Eugene City Council October 25, 1982 Page 14 . . . - CB 2540--An ordinance levying assessments for paving, sanitary sewer, and sidewalk on Bailey Hill Road from 5th Avenue to 11th Avenue (81-19). Council Bill 2540 was read the second time by council bill number only. Mr. Obie 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 numbered 19048. CB 2541--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within and adjacent to Jessen Park subdivision (81-25). Council Bill 2541 was read the second time by council bill number only. Mr. Obie 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 numbered 19049. CB2542--An ordinance for levying assessments for paving and sidewalk on Woodside Drive from approximately 280 feet west of Longfellow Way to approximately 400 west of Longfellow Way (82-03). Council Bill 2542 was read the second time by council bill number only. e Mr. Obie 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 numbered 19050. CB 2543--An ordinance levying assessments for paving, sanitary sewer, and sidewalk on Bailey Hill Road from Warren Street to Bertelsen Road and sanitary sewers in Four Oaks Grange Road from Bailey Hill Road to approximately 500 feet north (81-15). Council Bill 2543 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote. Motion carried 6:1, with Councilors Ball, Hamel, Lindberg, Miller, Schue, and Smith voting in favor, and Councilor Obie voting in opposition. The bill was declared passed and numbered 19051. C. Referral of Assessments CB 2532--An ordinance levying assessments for paving, sidewalks, and storm sewer on Goodpasture Island Road from Delta Highway to Tabor Street (81-09). e CB 2534--An ordinance levying assessments for paving and storm sewer on Dove Lane from North Ruskin Street to 460 feet east (81-29). MINUTES--Eugene City Council October 25, 1982 Page 15 -. . . CB 2535--An ordinance levying assessments for paving and storm sewer on Williams Street from Harriet Street to Royal Avenue (81-07). Mr. Obie referred to previous discussion of Council Bill 2532, which had been referred back to the Hearings Panel for further consideration. He said that the referrals of bills 2534 and. 2535 were accomplished by the council's previous approval of the October 18, 1982, Hearing Panel minutes. V. ORDINANCES FOR FIRST READING re: LEVYING ASSESSMENTS/REFERRAL TO ASSESSMENT HEARINGS PANEL CB 2553--An ordinance levying assessments for paving and sidewalk on Todd Street from West 18th Avenue to 500 feet south of Ellen Street; and on Ellen Street from 85 feet west of Buck Street to 100 feet east of Covertry Way (81-22) Mr. Obie moved, seconded by Ms. Schue, 'that the bill be read the first time and referred to the Assessment Hearings Pane' for hearing November 18, 1982, with pane' recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2554--An ordinance levying assessments for paving, sanitary sewer, and storm sewer on Country Club Road from 1-105 e to Willagillespie Road from Country Club Road to 300 feet south of Clinton Avenue; and storm sewer in area between Country Club Road and 1-105 (Phase 1) (81-23) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2555--An ordinance levying assessments for paving, sanitary 0 sewer, and storm sewer within and adjacent to Sterling Estates subdivision and sanitary sewer on Gilham Road from Kidder cul-de-sac to Walton Lane (81-24) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2556--An ordinance levying assessments for sanitary sewer to serve area from 160 feet east of Harrison Street to Glenwood Boulevard and between Southern Pacific railroad tracks and 160 feet south of Glenwood Drive (81-42) e MINUTES--Eugene City Council October 25, 1982 Page 16 , . . Mr. Obie moved, seconded by Ms. Schue, that the bill be read the . first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2557--An ordinance levying assessments for paving on 2nd Avenue from Monroe Street to Southern Pacific railroad tracks and paving Adams Street from 1st Avenue to 2nd Avenue (82-02) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2558--An ordinance levying assessments for paving and storm sewer on Sycamore Avenue from Adams Street to 65 feet east of Ash Street (82-04) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. - CB 2559--An ordinance levying assessments for paving and sidewalk on Norkenzie Road from Beltline,Road to 125 feet north of Balboa Street (82-06) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2560--An ordinance levying assessments for paving, sanitary sewer, and storm sewer on Maple Street from Roosevelt Boulevard to Cross Street (82-07) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2561--An ordinance levying assessments for for paving and storm sewer on McKendrick Street from Graham Drive to Karyl Avenue (82-08) - MINUTES--Eugene City Council October 25, 1982 Page 17 ~ < " . . e Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2562--An ordinance levying assessments for paving, sanitary sewer, and storm sewer on Willagillespie Road from Country Club Road to 300 feet south of Clinton Avenue (82-15) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2563--An ordinance levying assessments for storm sewer between Bailey Lane and Tandy Turn from Coburg Road to serve tax lots 17-03-20-41-3300 and 17-03-20-41-7900 (82-17) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll e call vote; motion carried unanimously. CB 2564--An ordinance levying assessments for paving and sidewalk on Bailey Hill Road from 5th Avenue to 7th Avenue (82-18) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2565--An ordinance levying assessments for storm sewer in Acorn Park Street from 14th Avenue to 17th Avenue and in 14th Avenue from Buck Street to Acorn Park Street, to serve Ivy Glen PUD; and street paving on 14th Avenue from Acorn Park Street to Buck Street (82-19) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2566--An ordinance levying assessments for sanitary sewer on - Crane Lane from Garfield Street to 400 feet east (82-20) MINUTES--Eugene City Council October 25, 1982 Page 18 " ' . ~ . e Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2567--An ordinance levying assessments for sanitary sewer between Cresta-de-Ruta and Capital Drive to serve tax lot 18-03-40-31-00300, 2995 Capital Drive (82-21) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2568--An ordinance levying assessments for paving, sanitary sewer, and storm sewer within Summeroaks Industrial Park (82-27) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. e CB 2569--An ordinance levying assessments for paving on Fir Acres Road from Bond Lane to Willagillespie Road (82-28) Mr. Obie moved, seconded by Ms. Schue, that the bil'l be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. CB 2570--An ordinance levying assessments for sanitary sewer between Fox Hollow Road and West Drive from Fox Hollow Road to Martin Street (82-30) Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote~ motion carried unanimously. CB 2571--An ordinance levying assessments for paving Danebo Avenue from West 11th Avenue to 300 feet north. - MINUTES--Eugene City Council October 25, 1982 Page 19 0 " . , . ~ - Mr. Obie moved, seconded by Ms. Schue, that the bill be read the first time and referred to the Assessment Hearings Panel for hearing November 18, 1982, with panel recommendations to be brought back for council consideration November 22, 1982. Roll call vote; motion carried unanimously. VI. RESOLUTION AUTHORIZING TRANSFER OF CONTINGENCY APPROPRIATIONS (memo, exhibit distributed) Mr. Gleason introduced Finance Director Warren Wong. Mr. Wong said that the resolution before the council would authorize transfer of $15,500 from the contingency fund to the Eugene Police Department. He said that this was an emergency measure to allow replacement of three Police Department repeaters located on Skinner's Butte, which had been experiencing equipment failure. Mr. Wong said that the repeaters would also aid the future 911 dispatch center. Mr. Gleason noted that this was a unique situation, since the matter was an emergency and had therefore not been able to be brought before the Budget Committee. He said the Budget Committee would receive information about the appropriations and an explanation of the emergency action. Res. No. 3734--A resolution authorizing the transfer of contin- gency appropriations within a given fund to official budget categories. Mr. Obie moved, seconded by Ms. Schue, to adopt the resolution. Role call vote; motion carried unanimously. e VII. APPOINTMENT TO HISTORIC REVIEW BOARD Mayor Keller said that he wished to nominate Juliana Kolstoe, 1388 East 38th Avenue, to serve on the Historic Review Board, term to expire January 1, 1983. Mr. Obie moved, seconded by Ms. Schue, to approve the Mayor's nomination of Juliana Kolstoe to the serve on the Historic Review Board. Roll call vote; motion carried unanimously. The meeting was adjourned to November 10, 1982. .,. Respectfully submitted, Micheal D. Gleason City Manager (Recorded by Darcy Marentette) MDG:DCM:dcm/CM27al e MINUTES--Eugene City Council October 25, 1982 Page 20