HomeMy WebLinkAbout07/23/1990 Meeting
e M I NUT E S
Eugene City Council
Council Chamber--Eugene City Hall
July 23, 1990
7:30 p.m.
COUNCILORS PRESENT: Ruth Bascom, Rob Bennett, Shawn Boles, Debra Ehrman,
Emily Schue, Roger Rutan.
COUNCILORS ABSENT: Freeman Holmer and Bobby Green.
The adjourned meeting of July 18, 1990, of the Eugene City Council was called
to order by His Honor Mayor Jeff Miller.
Responding to public input, Ms. Ehrman moved, seconded by Ms.
Bascom, to call for a public hearing on agenda item VIII, a
resolution closing a portion of 12th Avenue between
Willamette Street and Olive Street to motor vehicle traffic.
In addition to the call for a public hearing, Ms. Bascom requested that
additional staff work be provided on this item as well.
e The motion carried unanimously, 6:0.
I. CONSENT CALENDAR
A. Approval of City Council Minutes of May 29, 1990; Dinner/Work
Session Minutes of May 14 and June 11, 1990; and the Lunch/Work
Session Minutes of May 16, 1990
B. Approval of Findings and Recommendations of Hearings Official
Res. No. 4198--A resolution forming a local improvement
district for sanitary sewers on 4th Avenue
from 285 feet east of of Lincoln Street to
Li nco 1 n Street.
C. Appointment: Consideration of Mayor's Nomination to the Eugene
Cultural Affairs Commission
Ms. Schue moved, seconded by Mr. Bennett, to approve the items
on the City Council Consent Calendar. Roll call vote; the
motion carried unanimously, 6:0.
e MINUTES--Eugene City Council July 23, 1990 Page 1
e II. PUBLIC HEARING: BUILDING CODE ADOPTIONS
City Manager Mike Gleason introduced the topic. Doug Eveleth, Planning and
Development Department, stated that several major revisions have been made to
the One- and Two-Family Dwelling SpeCialty Code and the Oregon Electrical
Specialty Code which require council approval.
Mr. Eveleth highlighted the major revisions that have been made to the the
Oregon Electrical Specialty Code, which is basically the National Electrical
Code with the addition of several State compliance amendments. The City has
gained input from local electrical contractors about the impact of these
revisions and has received positive approval. Mr. Eveleth noted that several
State-mandated administrative changes have been made to this code, mostly
involving the permit application process.
Mr. Eveleth pointed out an error in the memo contained in the council's
agenda packet, stating incorrectly that the City is required to adopt the
State's 60 percent fee increase. He said that staff is currently working on
changes to building permit fees and will return with recommendations on this
after work on development fees has been completed.
Mr. Eveleth reviewed the one- and two-dwelling family code and said that
adoption of this code will help gain national uniformity in homebuilding
standards and consolidate all codes regarding homebuilding standards into one
document. Mr. Eveleth highlighted several areas of controversy within this
e code and said that the Technical Building Interpretation Committee has been
making headway on these issues.
Mayor Miller opened the public hearing.
Allen D. Whittington, 585 Oakway Road, offered his concerns and questions
about this code. He said that the language contained within this code is too
restrictive and inhibits individual property owners the freedom to make minor
repairs. Mr. Whittington agreed to meet with City staff to address his
concerns.
Mayor Miller closed the public hearing.
CB 4236--An ordinance concerning the One-and Two-Family
Dwelling Specialty Code and Oregon Electrical
Specialty Code; amending Sections 8.050 and 8.075 of
the Eugene Code, 1971; and declaring an emergency.
Ms. Schue moved, seconded by Mr. Bennett, 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 4236 was read the second time by bill number only.
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e Ms. Schue moved, seconded by Mr. Bennett, 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. 19706).
III. PUBLIC HEARING: ORDINANCE AND FEE INCREASE FOR CITY REVIEW OF LIQUOR
LICENSE APPLICATIONS
City Manager Mike Gleason introduced the topic. Greta Utecht, Planning and
Development Department, reported that upon review of the City's liquor
licensing ordinance and fee schedules, the Council Committee on Development
Services Financing has recommended an increase in liquor license fees to the
ceiling allowed by State law. It has also recommended that the liquor
license review process be formalized and documented by Administrative Rule.
Ms. Utecht noted that staff has met with local and State Oregon Liquor
Control Commission (OLCC) officials who have approved the City's review
procedures.
Mayor Miller opened the public hearing.
There being no requests to speak, Mayor Miller closed the public hearing.
CB 4237--An ordinance concerning liquor license applications;
amending Section 2.1100 of the Eugene Code, 1971; and
e declaring an emergency.
Ms. Schue moved, seconded by Mr. Bennett, 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 4237 was read the second time by bill number only.
Ms. Schue moved, seconded by Mr. Bennett, 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. 19707).
IV. PUBLIC HEARING: ORDINANCE CONCERNING REQUIREMENT FOR OFF-STREET
PARKING SPACES FOR MULTIPLE DWELLINGS AROUND THE DOWNTOWN AREA
(CA 90-3)
City Manager Mike Gleason introduced the topic. Jerry Jacobson, Planning and
Development Department, reported that this amendment would reduce the parking
space requirement for multiple-family dwellings around the downtown core from
1.5 to 1 parking space per unit. He noted that the areas affected by this
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e amendment are identical to the multi-unit property tax area, excluding the
area south of 13th Avenue and west of High Street.
Ms. Ehrman requested additional information on the Planning Commission's
interest in expanding the area to include more of the West University
Neighborhood. In response, Mr. Jacobson said that portions of the West
University Neighborhood were not included in this amendment process because
of timing constraints; adoption of this amendment would not preclude such an
opportunity in the future.
Mr. Jacobson recognized the sensitive nature of parking issues to residents
in this area.
Responding to a question from Ms. Bascom, Mr. Jacobson said that the Lincoln
School is included within the proposed boundaries.
Mayor Miller opened the public hearing.
Paul Nicholson, 1855 East 28th Avenue, spoke on this issue. He voiced
concern that by reducing the amount of parking required, the burden of
providing parking would be transferred from the developer to the taxpayer.
Artemio Paz, 86950 Cedar Flat Road, spoke as a project designer and testified
in favor of the proposed ordinance. He emphasized that, consistent with the
council's goal of increasing housing opportunities in the downtown core, this
ordinance provides an incentive to housing development downtown.
e Mayor Miller closed the public hearing.
In response to testimony from Mr. Nicholson, Mr. Jacobsen pointed out that
because the area in consideration is located proximal to alternative modes of
transportation, the need for parking spaces in the downtown core is reduced.
Ms. Ehrman pointed out to Mr. Nicholson that the parking-exempt area is
generally much smaller than the area presently being designated. Because the
council only looks at structures within the parking-exempt zone, it is not
anticipated that this amendment would alter where structures are built.
CB 4328--An ordinance concerning parking space requirements
for multiple dwellings in specific downtown area;
amending Sections 9.582 and 9.586 of the Eugene
Code, 1971; and declaring an emergency.
Ms. Schue moved, seconded by Mr. Bennett, 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 4328 was read the second time by bill number only.
e MINUTES--Eugene City Council July 23, 1990 Page 4
e Ms. Schue moved, seconded by Mr. Bennett, that the bill be
approved and given final passage; all councilors present
voting aye, the bill was declared passed (and became
Ordinance No. 19708).
V. PUBLIC HEARING: RETAIL TASK FORCE FINAL REPORT
City Manager Mike Gleason introduced the topic. Jan Bohman, Planning and
Development Department, summarized the contents of the report. She noted
that the Retail Task Force was created as a broad-based group to represent a
variety of viewpoints downtown.
Ms. Bohman highlighted the four major components of this plan, including:
1) the Downtown Tenant Mix Plan, 2) the Property Owners' Program, 3) the
Downtown Redesign Principles, and 4) the Recommendations for Public Policy to
Support Downtown Development.
Ms. Bohman reported that the Tenant Mix Plan, by establishing leasing
guidelines, attempts to strengthen the mix of goods and services downtown.
The goal of the second component, the Property Owners' Program, is to improve
property values and the tenant mix downtown through a combination of
voluntary property owner agreements and other incentive programs. She noted
that the Downtown Redesign Principles provide direction and parameters for a
redesign process which will include significant public involvement and will
attempt to create a physical environment that would be most supportive of a
e strong downtown core. Ms. Bohman indicated that the Recommendations for
Public Policy to Support Downtown Development deals with a variety of other
issues which have been raised over the course of task force discussion, such
as compact urban growth and downtown revitalization.
Ms. Bohman stated that a public information session was held on this report.
The Planning Commission reviewed this report and recommended approval of
elements 3 and 4; the Downtown Commission also took action and recommended
approval of all four elements. Staff is requesting that the council take
separate action on each of the elements.
Ms. Bohman highlighted several areas of the report which have been
controversial within the community. Specifically, she referred to the report
recommendation which, in an effort to improve vehicular access to the
downtown core, calls for the opening or convertibility of several streets in
the downtown area.
Mayor Miller opened the public hearing.
Sue Prichard, 2671 Emerald Street, speaking as a member of the Retail Task
Force and a commercial real estate broker, testified in favor of the report.
Given the present difficulty in leasing retail and office space downtown, she
encouraged the council to implement the recommendations of this report.
e MINUTES--Eugene City Council July 23, 1990 Page 5
e Russ Brink, 132 East Broadway #505, spoke on behalf of Downtown Eugene,
Incorporated in favor of this report. He said that the report provides the
City with an excellent foundation for a much-needed retail management
program. He listed several cities which have been successful in promoting a
strong retail management program, all of which began with a similar
broad-based planning effort.
Mike Favret, 3098 Hendricks Hill Drive, testified as a commercial real estate
broker. He said that while he supports several of the recommendations, the
report represents a City effort to control areas of the real estate market
where it should not. He felt that the recommendations should be restricted
to the downtown core.
Edward Aster, 859 Willamette Street, spoke against the report. He voiced
concern that property owners in the downtown mall were not consulted by the
task rorce about the recommendations. He spoke against having the citizens
vote on a proposed design for downtown and suggested that any reference to
this be deleted from the report.
W. J. Mason, 1803 West 34th Avenue, speaking as a long-time community
resident, testified against the report. He voiced concern that task force
representation was inadequate because of the lack of representation from the
Eugene tax-paying homeowner and said that the report was hastily conceived.
He questioned the meaning of an impervious surface tax and requested that the
council defer action until the public has had a greater opportunity to offer
input into this plan.
e Ruth Miller, 2460 Malabar Drive, testified on behalf of the Friends of
Downtown in support of the recommendations of the Retail Task Force excluding
the Redesign Principle Element calling for the opening of Willamette Street.
She said that Eugene citizens should be allowed to vote on this issue, but
encouraged the council to move ahead with the other elements of the report.
Paul Nicholson, 1855 East 28th Avenue, spoke in favor of the impervious
surface tax portion of the report, highlighting that the additional costs of
providing services to peripheral developments should be borne by the
developer. He asked for a list of actions which the report recommends that
the City of Eugene itself should take and asked whether consideration was
given, when creating this report, for taking the focus away from retail
issues.
Al Johnson, 3570 University Street, spoke as a member of the Retail Task
Force in favor of the report. He acknowledged the difficult nature of the
decision which must be made with respect to opening Willamette Street and
emphasized that, in effect, this report introduces flexibility into the
decision-making process for downtown.
Mayor Miller closed the public hearing.
Responding to public testimony, Ms. Ehrman asked whether a design for the
mall was presented to the public when the mall was first created. She
e MINUTES--Eugene City Council July 23, 1990 Page 6
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e reasoned that if a design was presented to Eugene residents when the mall was
first constructed, it would be appropriate to have a design for mall
revital ization. In response, Ruth Miller testified that no design was
presented when the mall was first created. Mr. Gleason said that staff would
report back on this issue.
In response to Mr. Nicholson's questions, Mr. Boles said that the City's role
with respect to this report is substantial. Specifically, he noted that the
Retail Task Force has asked the City to restructure its funding mechanisms to
support the Tenant Mix Plan and Property Owners' Program; to manage a design
process and facilitate a vote on the design; assuming a favorable vote, to
manage modifications to the physical environment downtown; and to help the
council structure questions for the Planning Commission, soliciting advice
for policy changes in land-use decisions.
In light of council's attempts to reduce the overlap of committees working on
downtown issues, Ms. Ehrman said that she was surprised by the proposal to
add both a Design Advisory Committee and a Tenant Review Committee to work on
downtown issues.
VI. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY GENERALLY
LOCATED IN THE SANTA CLARA AREA, EAST OF CROCKER ROAD, BETWEEN
GREENFIELD AVENUE AND LOY AVENUE (A-4 INVESTMENT COMPANY) (AZ 90-2)
City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and
e Development Department, summarized the code criteria necessary for
annexation. She said that the property proposed for annexation is located in
the Santa Clara area inside the urban growth boundary north of Irving Road
and west of River Road.
Ms. Czerniak explained that the property owner has initiated a request for
annexation, rezoning of property from County RA/Ul to City R-l, and
redesignation from County Residential Sign District to City Residential Sign
District. The owner plans to proceed with development of the property for
low-density residential uses. Annexation and provision of urban service is
required prior to new development in the River Road/Santa Clara area.
Ms. Czerniak reported that the Planning Commission held a public hearing on
this issue; testimony was presented both in support of and opposition to this
request. She noted that the issues raised are detailed in the council's
agenda packet. On July 2 the Planning Commission took action on this request
and voted to approve both the annexation and the rezoning request. It
recognized, however, that there is a need for neighborhood and community
parks in the River Road area as indicated in the Parks and Recreation Master
Pl an.
Responding to question from Ms. Ehrman, Ms. Czerniak said that the Planning
Commission's primary concern with respect to this issue revolved around the
apparent need for parks in this area.
e MINUTES--Eugene City Council July 23, 1990 Page 7
e Ms. Schue indicated that while a park would be desirable in this area, the
City does not have the money to acquire the property at the present time.
Should the City refuse the request for annexation, the property owner would
not be able to develop this property. She asked whether the City could incur
liability for refusing this request. Bill Gary, City Attorney's Office,
responded that it is possible, but unlikely, that the property owner would be
able to hold the City liable for denial of annexation. He noted that to date
no precedent has been set for this case. He advised that if the council
wishes to deny this request for annexation, the denial be directly related to
the criteria presented in the ordinance.
Ms. Ehrman inquired about additional costs incurred by the City as a result
of island annexations. Ms. Czerniak said that the City does not incur any
extra cost. Property owners in this area will be assessed for the sewer
extension once a connection schedule has been adopted for the Santa Clara
area.
Mayor Miller opened the public hearing.
Bart Bardwell, 1142 Willagillespie Road #7, testified on behalf of the
property owner in favor of this request for annexation. He said that the
piece of property in question meets the criteria necessary for annexation and
is consistent with surrounding properties in this area. He noted that
approval of the request for annexation does not preclude the opportunity for
either the PARCS Department or Santa Clara residents to acquire this parcel
of land for a park site.
e Jerry Finigan, 1250 Irvington Drive, speaking on behalf of the Santa Clara
Community Organization, testified against the request for annexation. He
urged the council to consider the desperate need for parkland in Santa Clara,
and said that the piece of property is one of the remaining parcels of land
available for a park in this area.
Mayor Miller closed the public hearing.
Responding to Ms. Bascom's request for clarification, Ms. Czerniak said that
the Parks and Recreation Master Plan addresses some parks issues for the
River Road/Santa Clara area; a comprehensive study was not completed within
this plan to identify all possible park sites nor the best park sites.
Mr. Gleason said that general plans are not traditionally considered the
basis for determining site-specific locations for the procurement of a park.
Responding to a question from Ms. Ehrman, Ms. Czerniak said that this
property was designated within the River Road/Santa Clara Urban Facilities
Plan as low-density residential.
Mr. Boles asked whether the City has a policy for land acquisition when
conducting incremental annexations. Mr. Gleason said that in terms of land
acquisition, there is little difference between incremental and comprehensive
land acquisition. He noted that the City is in no way prohibited from
e MINUTES--Eugene City Council July 23, 1990 Page 8
e purchasing land outside the city limits. Because the City does not have the
capital resources necessary at the present time to acquire parkland, studies
about specific park sites have not been conducted.
Responding to comment from Ms. Bascom, Ms. Czerniak said that the River Road
Park District represents only River Road residents. Representation on the
Joint Parks Committee (JPC) is for both the River Road and Santa Clara areas.
Res. No. 4199--A resolution furthering annexation to the City
of Eugene and the Lane County Metropolitan
Service District for property located in the
Santa Clara area, in the vicinity of Crocker
Road and Greenfield Avenue. Withdrawal from
Santa Clara Fire District will occur
automatically upon annexation. Withdrawal
from Santa Clara District will be processed
separately if the annexation is approved.
Ms. Schue moved, seconded by Mr. Bennett, to adopt the
resolution.
Mr. Rutan pointed out that one of the City's motivations for providing River
Road and Santa Clara residents the opportunity to annex to Eugene was to
provide them with comprehensive land-use planning. Because area residents
have refused this opportunity, the City does not have the same obligation to
provide Santa Clara residents with park land as it would Eugene residents.
e He advised the council to grant the annexation and zone change request.
Ms. Ehrman said that because she does not believe that the Parks and
Recreation Master Plan conducted an in-depth analysis of potential park
properties in the Santa Clara area, she would vote in favor of the annexation
request.
Ms. Schue acknowledged the concern for the lack of available parkland in the
Santa Clara area, but said that the City cannot acquire and assess Eugene
taxpayers for land located outside the city limits. At the point when Santa
Clara residents wish to become part of the city and contribute to the
purchase of their own parkland, discussions about park provision should take
place.
Mr. Bennett stated that because the City does not currently have the capital
reserves necessary to purchase this parcel for parkland, it should not deny
the request for annexation.
Highlighting the need for parkland in the Santa Clara area, Ms. Bascom said
that it would be beneficial for JPC to address this problem.
The motion carried unanimously, 6:0.
Final Order AZ 90-2--A final order rezoning Tax Lot 100 from
County RA/UL to City R-l. Redesignation
e MINUTES--Eugene City Council July 23, 1990 Page 9
e from County Residential to City
Residential Sign District.
Ms. Schue moved, seconded by Mr. Bennett, to adopt the final
order. Roll call vote; the motion carried unanimously, 6:0.
(At 9:10 p.m., the council recessed for three minutes.)
VII. IMPLEMENTATION OF HOUSING GOALS
City Manager Mike Gleason introduced the topic. lew Bowers gave the staff
report. He noted that this project comes from the Social Goals Committee;
this action furthers the council's goals of promoting the availability and
development of low- to moderate-cost housing.
Mr. Bowers explained that housing projects which are expected to operate at
below-market levels are complex and require a great amount of staff time. In
order to move forward to implement the council's housing work plan, it will
be necessary to allocate $44,219 for the next three years in General Fund
contingency for a professional staff person, some clerical support,
materials, and maintenance of land bank sites. Mr. Bowers stated that
significant Community Development Block Grant (CDBG) resources have been
committed to this project.
e Ms. Schue moved, seconded by Mr. Bennett, to commit $44,219
from General Fund contingency to housing implementation for a
three-year period.
Ms. Bascom said that while she is totally committed to the Social Goals
Committee's housing goals, she voiced concern with using General Fund money
for a project which requires the joint efforts of several jurisdictions. She
suggested the possibility of utilizing existing staff resources and
redirecting the council's work plan toward the implementation of the housing
goals.
Mr. Gleason said that it would be possible to redirect the council's work
plan toward implementing the housing projects, but noted that dOing so would
take away staff resources from the council's other high-priority projects,
such as the library.
Mr. Bennett stressed the importance of efforts being made toward housing
goals. He said that the benefits gained by low- and moderate-cost housing
projects justifies this General Fund expenditure.
Mr. Boles said that, along with Ms. Bascom, he shares the Social Goals
Committee's commitment to housing. Knowing that the structure of the housing
program was to undergo a major reorganization within the City, he expressed
surprise that the need for additional resources was not anticipated. Mr.
Boles said that in light of the fact that the City will be asked to provide
e MINUTES--Eugene City Council July 23, 1990 Page 10
e partial staffing to the newly implemented Housing Policy Board, this request
is premature and pointed out that additional staffing costs should be shared
among the jurisdictions.
Responding to question from Mr. Boles, Mr. Gleason said that if the council
grants this request, approximately $350,000 would remain in General Fund
contingency.
Mr. Bennett emphasized the importance of dealing with this issue in a timely
manner.
Mr. Boles suggested the possibility of considering this as a one-year
renewable request. He said he would like to pursue some alternate means of
support for this request, such as money from other jurisdictions or a
loaned-executive program.
Several members voiced concern about the insufficient time the council has
had to consider this request. Mr. Gleason said that this issue has been
discussed internally for several months and expressed disappointment that
members of the council were not apprised of it before. He said that if the
council is concerned with this request, it could defer action until staff has
had an opportunity to rework the request.
Mr. Bennett reiterated the importance of dealing with this issue in a timely
manner. He expressed a willingness to consider Mr. Boles' suggestion for
approval of a one-year General Fund commitment.
e Recognizing that low-income housing development requires more staff work
because of complicated financing mechanisms, Ms. Schue expressed her support
for this issue.
Mr. Boles moved, seconded by Ms. Bascom, to amend the motion
limiting the $44,219 General Fund contingency commitment for
housing implementation to a one-year period.
Mr. Gleason cautioned the need for a longer-term commitment for
implementation of housing projects. He suggested that the council retain a
three-year commitment to housing implementation with a reexamination of the
housing program after the first year to find ways to transfer the financial
burden out of the General Fund.
The amendment failed, 2:4, with councilors Boles and Bascom
voting in favor; and councilors Ehrman, Rutan, Schue, and
Bennett voting against.
Mr. Bennett said he would support a formal review of financing for housing
implementation as suggested by Mr. Gleason.
The motion, with the addition of a year-end review of the
financing strategies for housing implementation, carried
unanimously, 6:0.
- MINUTES--Eugene City Council July 23, 1990 Page 11
. IX. APPOINTMENT: EUGENE PLANNING COMMISSION
Ms. Schue moved, seconded by Mr. Bennett, to appoint Greg
Evans to the Eugene Planning Commission to complete the
unexpired term of Lloyd Billingsley ending December 31, 1992.
Roll call vote; the motion carried unanimously, 6:0.
X. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENT TO THE EUGENE
CELEBRATION STEERING COMMITTEE, 8TH AND WILLAMETTE RFP SITE
COMMITTEE, AND PUBIC SAFETY ADVISORY COMMITTEE
Mayor Miller apprised the council of the list of committee appointments
contained within the council's agenda packet.
XI. ORDINANCE CONCERNING THE RISK MANAGEMENT FUND
City Manager Mike Gleason introduced the topic. He indicated that a change
in State Statues is the precedent for this amendment and noted that staff is
available to answer questions.
CB 4239--An ordinance concerning the Risk Management Fund;
amending Section 2.585 of the Eugene Code, 1971; and
e declaring an emergency.
Ms. Schue moved, seconded by Mr. Bennett, 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 4239 was read the second time by bill number only.
Ms. Schue moved, seconded by Mr. Bennett, that the bill be
approved and given final passage. Roll call vote; with all
councilors present voting aye, the bill was declared passed
(and became Ordinance No. 19709).
The meeting adjourned to July 25, 1990, at 9:45 p.m.
RespectfUl~
~~
Mich al Gleason
City Manager
(Recorded by Traci Northman)
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