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HomeMy WebLinkAbout07/23/1984 Meeting .~ .... \ " M I NUT E S - Eugene City Council City Council Chamber July 23, 1984 7:30 p.m. COUNCILORS PRESENT: John Ball, Debra Ehrman, Richard Hansen, Freeman Holmer, Emily Schue, Betty Smith. COUNCILORS ABSENT: Brian Obie, Cynthia Wooten The adjourned meeting of the Eugene City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. POSTER WELCOMING INTERNATIONAL VISITORS TO EUGENE Mayor Keller displayed a poster displaying the word IIWelcomell in eight languages to welcome the numerous foreign visitors to Eugene. He stated that Ray McIver had arranged for the production and distribtuion of the poster which was available to any Eugene or Springfield business. He stated that the poster was designed by Rubick & Funk Graphic Communications and printed by Quick Serv ice Li tho. He said the posters were available through the Eugene and Springfield Chambers of Commerce, the Eugene Downtown Association, the Eugene - Development Assistance Center, and the main offices of both cities. Mayor Keller noted that Councilor Wooten was ill and would not be attending tonight's meeting. Councilor Obie had also indicated to him that he would arrive when he could. II. PUBLIC HEARINGS A. Commercial District (CA 84-3) and Parking (CA 84-4) Revisions (memo, background information distributed) City Manager Micheal Gleason introduced the agenda item. Gary Chenkin of the Planning Department presented the staff report, stating that the July 23, 1984, Planning Department memorandum to the City Council outlined the proposed major changes to the Zoning Ordinance. He also reviewed the material distributed to the council. He stated that the Eugene Chamber of Commerce had been helpful in formulating the Commercial District module. Mr. Chenkin then reviewed the major changes as outlined in the memorandum. The public hearing was opened. Ron Fraedrick, 2275 Rose Lane, President of Taco Time, International, voiced his appreciation to the Planning Commission and the Planning Department staff for their cooperation in attempting to resolve the issue involving the expansion of their professional offices on West 11th Avenue. He urged the council to e adopt the proposed changes to the Zoning Ordinance. MINUTES--Eugene City Council July 23, 1984 Page 1 Jim Saul, 2780 Elinor Street, stated that he was representing the Planning and e Land Use Committee of the Eugene Chamber of Commerce. He stated that the committee, in response to Mr. Chenkin's presentation of a draft of the proposed revisions to the Commercial District, had appointed a subcommittee to review the draft. He stated that the committee had unanimously endorsed the proposed revisions. He stated that three concerns of the committee which were addressed by the proposed revisions were the change from the Residential/Professional District to a General Office District and the building height limitation in the RP District, changes to the list of conditional and outright uses in the various commercial districts, and the issue of allowing professional offices in the C-4 District. He stated that the revisions made by the Planning Department staff were supported by the Planning and Land Use Committee. There being no further testimony, the public hearing was closed. CB 2761--An ordinance concerning commercial zoning districts and off-street parking regulations; amending Sections 2.407,7.180,9.060,9.254,9.268,9.270,9.392,9.406, 9.420, 9.434, 9.504, 9.510, 9.534, 9.540, 9.542, 9.544, 9.546,9.556,9.558, 9.582, 9.584, 9.586, 9.587, 9.590, 9.592, and 9.593 of the Eugene Code, 1971; repealing Sections 9.394, 9.396, 9.398, 9.408, 9.410, 9.422, 9.424, 9.436, and 9.438 of that code; adding new Sections 9.437,9.439, and 9.440 to that code; and declaring an emergency. Ms. Smith 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. In response to a question by Councilor Hansen concerning general offices in the C-2 District, Mr. Chenkin stated that numerous office uses were allowed outright in that district. He added that the Taco Time International offices would be allowed in the C-4 District as a headquarters administrative office. Responding to a question regarding solar restriction in Section 9.534, Mr. Chenkin stated that the building height language was a standard commonly used by jurisdictions in Oregon and in the Zoning Ordinance in relation to other uses. In response to a question regarding the use of joint parking, he stated that no building permit would be issued for a proposed use if the Building Official determined that the new use would create a greater demand for parking than the former use. He said the burden of proof would be on the developer who changed the property use. In regard to off-street parking for employees, Mr. Chenkin stated that the City currently allows some businesses to lease land for off-street employee parking. He explained that the City Attorney would study any lease contract so that the City could be assured that such parking was guaranteed for a reasonable length of time. In regard to bicycle parking, he stated that the language requiring locking for bicycles meant a stationary structure to which the bicycles could be locked. He said the language was presently being used for industrial districts. In response to a question regarding coverings for bicycles, Mr. Chenkin stated that the Bicycle Committee had debated the issue and that the requirement was only for those - MINUTES--Eugene City Council July 23, 1984 Page 2 situations where 10 or more bicycle spaces were necessary as 10 percent of the e entire parking space requirement. He added that the covering structure could be the roof overhang of the building. Councilor Hansen questioned the require- ment to provide a covering structure, stating that it would be a substantial investment by any property owner. Mr. Chenkin said the Bicycle Committee and the Planning Commission had thought the issue important enough to be forwarded to the City Council. He said the inconvenience of using a bicycle in the rain had been a significant factor in the recommendation. Councilor Hansen felt that the requirement for a structure to cover parked bicycles was not in the best interest of the City and should be left to the discretion of the business owner. In response to a question by Councilor Ehrman regarding the Historic Landmark designation, Mr. Chenkin stated that the proposed language was included to parallel the language already in the code that was inadvertantly omitted during the last revision of the procedures. He said that all zoning requests were heard by the Hearings Official with an appeal to the Planning Commission. In response to a related question, Mr. Chenkin stated that the zone change procedures involved in the language outlined the steps to be followed by the applicant. Mr. Hansen moved to amend Section 9.587 of the proposed revisions to the Eugene Code to delete subsections (c) and (d). The motion failed for lack of a second. Roll call vote; the motion carried 5:1 with Mr. Ball, Mr. Hansen, Mr. Holmer, Ms. Schue, and Ms. Smith voting aye; Ms. Ehrman - voting nay. Councilor Ehrman explained that she wanted more time to study the revisions; she added that it was not her intention to vote against the proposed language. In response to a question by Mr. Chenkin, Ms. Ehrman stated that she did not have any specific questions at that time. Mr. Gleason stated that holding the issue over would only delay, rather than change, the enactment of the revised ordinances. In response to a question, Ms. Ehrman stated that she understood that her nay vote would hold the item over to the next council meeting. B. Downtown Athletic Club UDAG Application (memo distributed) City Manager Micheal Gleason introduced the agenda item. Community Development Loan Coordinator Jesse Smith presented the staff report. He said the Ax Billy Department building was currently owned by the City of Eugene through the Eugene Renewal Agency and that the City had negotiated with developer Rob Bennett since summer 1982 for the design and scope of the Downtown Athletic Club. Mr. Smith said the City was in the final stages of obtaining the funding for the development. He explained that the $500,000 requested by the City through the application to the Federal Urban Development Action Grant (UDAG) would be loaned to Mr. Bennett for the club construction. He reviewed the highlights of the application which included a high leveraging ratio of six dollars of private investment for every UDAG dollar, and the creation of 48 FTE positions in the faCility within the first year. He explained that the grant would be made to the City of Eugene to allow the City to redevelop e MINUTES--Eugene City Council July 23, 1984 Page 3 the substandard building and to hire low-income residents for the construction e phase. He stated that the purpose of the public hearing was to obtain public comment on the application and to gain council approval prior to the submission of the application on July 31t 1984. He stated that Jim McCoYt President of the Downtown Commissiont and Mr. Bennett were present to answer any questions of the council. In response to a question by Councilor Ehrmant Mr. Bennett stated that between 100 and 200 memberships had been sold. While he did not have an exact countt he felt that progress was being made in this area. The public hearing was opened. There being no testimony presented, the public hearing was closed. Ms. Smith moved, seconded by Ms. Schue, to approve the application for the UDAG funding for the Downtown Athletic Club in the Ax Billy Building. Roll call vote; the motion carried unanimouslYt 6:0. Mr. Gleason commented that one advantage to the City was that it could use the grant funding for any use consistent with public funds after the loan was repaid by the developer. III. CONSIDERATION OF HEARINGS OFFICIAL REPORT AND FINDINGS/LEVYING ASSESSMENTS e A. Hearings Official Report/Findings of July 16, 1984 (memo, report/ findings distributed) Ms. Smith moved, seconded by Ms. Schue, to adopt the report and findings of the Hearings Official of July 16, 1984, concerning the Centennial Boulevard Bardell Street Sewer project. Roll call vote; the motion carried unanimously, 6:0. B. Levying Assessments CB 2762--An ordinance levying assessment for sanitary sewers to serve the area between Centennial Boulevard and 200 feet south of Bardell Street from 3000 feet west of Lindley Lane to Lindley Lane (84-17). Ms. Smith 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; the motion carried unanimously, 6:0. Council Bill 2762 was read the second time by council bill number only. - MINUTES--Eugene City Council July 23, 1984 Page 4 Ms. Smith moved, seconded by Ms. Schue, that the bill be e approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19266). III. ORDINANCE AMENDING PRE-ASSESSMENT FOR WILLOW CREEK SPECIAL LIGHT INDUSTRIAL AREA (memo distributed) City Manager Michea1 Gleason introduced the agenda item. City Engineer Bert Teitze1 presented the staff report, stating that this was the final assessment for the Willow Creek Light Industrial Area project. He explained that the assessment would result in a reduction to the property owners, adding that the final asessment is made after the completion of the project. He said the process was initiated during Ballot Measure #3 in which the potential existed for not being able to have an assessment after passage of the ballot measure. He said that this process might be continued during the proposed Ballot Measure #2. CB 2763--An ordinance concerning assessments for paving, sanitary sewer, and storm sewer in Willow Creek Road and Willow Creek Circle from the intersection of 18th Avenue and Willow Creek Road to 2200 feet west; and sanitary sewer and storm sewer from western terminus on Willow Creek Circle to 800 feet south (83-08). - Ms. Smith 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; the motion carried unanimously, 6:0. Council Bill 2763 was read the second time by council bill number only. Ms. Smith 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. 19267). IV. ORDINANCES RELATING TO DISORDERLY CONDUCT AND ASSAULT AND BATTERY (memo, ordinances distributed) City Manager Michea1 Gleason introduced the agenda item. Captain Bill DeForrest of the Eugene Police Department presented the staff report. He explained that the amendment to the Disorderly Conduct ordinance was necessary based on a recent Oregon Court of Appeals ruling which had rendered subsections (d) and (g) of the present ordinance unworkable. He said the ruling required that the public inconvenience or alarm as covered by the subsections must have occurred to at least two individuals for an arrest to be made. He said staff was request- ing that subsections (d) and (g) be deleted from Section 4.725 and established e MINUTES--Eugene City Council July 23, 1984 Page 5 as separate offenses in the Eugene Code. In addition, staff was requesting that e the Assault and Batteryordinance be amended as proposed to better define what constitutes the crime of Battery as separate from Assault. In response to a question on Section 4.725 (e) by Councilor Ehrman, Captain DeForrest stated that the department felt that an arrest under the charge of spitting could be made under the new Battery section as well as under the State Code for Harassment. Ms. Ehrman questioned the necessity for subsection (e) if the offense was covered under other statutes. Captain DeForrest stated that some situations occurred which required the use of that subsection. While she realized that new rulings had been established, Councilor Smith said she was concerned with a weakening of the legal recourses available for pro- hibiting inappropriate behavior on the mall. She said the interpretation of many individuals was that panhandling was legal on the mall based on recent legislation passed by the City. She stressed that the council must be aware of the impact on such behavior. Captain DeForrest responded that the department was working with the City Attorney's Office in developing ordinances on noise and panhandling. He said the proposed ordiances will be presented to the council for consideration. CB 2764--An ordinance concerning conduct; amending Sections 4.725 and 4.990 of the Eugene Code, 1971; adding Sections 4.770 abd 4.906 to that code; and declaring an emergency. CB 2765--An ordinance concerning assault and battery; amending e Section 4.730 of the Eugene Code, 1971; adding a new Section 4.729 to that code; and declaring an emergency. Ms. Smith moved, seconded by Ms. Schue, that the bills be read the second time by council bill numbers only, with unanimous consent of the Council, and that enactment be considered at this ti me. Roll call vote; the motion carried unanimously, 6:0. Council Bills 2764 and 2765 were read the second time by council bill numbers only. Ms. Smith moved, seconded by Ms. Schue, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bills were declared passed (and became Ordinance No. 19268 [CB 2764] and 19269 [CB 2765]). V. CONSIDERATION OF CITY COUNCIL LEGISLATIVE SUBCOMMITTEE MINUTES OF JULY 17, 1984 (minutes distributed) Ms. Smith moved, seconded by Ms. Schue, to approve the Legislative Subcommittee minutes of July 17, 1984. Roll call vote; the motion carried unanimously, 6:0. - MINUTES--Eugene City Council July 23, 1984 Page 6 VI. INTRODUCTION OF NEW DIRECTOR OF PUBLIC WORKS .~ City Manager Micheal Gleason introduced Ms. Christine Andersen, the new Director of Public Works for the City of Eugene. He stated that Ms. Anderson will meet with the council at its August 8 luncheon session. VII. FAREWELL COMMENTS OF COUNCILOR SMITH Councilor Smith stated that she had written notes to each of the councilors expressing her appreciation to them for the seven and one-half years she had spent on the City Council. She stated that she will also write similar notes to members of the staff. She stated that she was looking forward to having more free time, but she also stated that she will miss her involvement with the council. Mayor Keller thanked Ms. Smith for her comments and for her efforts on the council. Councilor Schue said the council should formally invite Ms. Smith to the dedication of the Sewage Treatment Plant. The meeting was adjourned at 8:18 p.m. to August 8, 1984. Re~~pec.,.tfU~ ~. , , ~. Micheal D. Gleason Ci ty Manager (Recorded by Thorn Strunk) TS: ts/CM23bll - MINUTES--Eugene City Council July 23, 1984 Page 7 --