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HomeMy WebLinkAbout10/22/1990 Meeting (2) -- --------- e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall October 22, 1990 7:30 p.m. COUNCILORS PRESENT: Emily Schue, Robert Bennett, Ruth Bascom, Shawn Boles, Debra Ehrman, Bobby Green, Freeman Holmer. COUNCILORS ABSENT: Roger Rutan. The adjourned meeting of October 17, 1990, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. In light of the large number of items on the council's agenda, Mayor Miller asked those testifying at the public hearings to limit their comments to three minutes in order to allow everyone the opportunity to speak. I. CONSENT CALENDAR e A. Approval of City Council Minutes of May 14, 1990, and July 23, 1990, Regular Meetings; July 25, 1990 Lunch/Work Session; August 6, 1990, Dinner/Work Session; August 8, 1990, Lunch/Work Session; September 10, 1990, Dinner/Work Session; and September 10, 1990, Regular Meeting B. Consideration of Mayor Miller's Nomination of Daphne Duncan to the Community Development Committee Ms. Schue moved, seconded by Mr. Bennett, to approve the items on the City Council consent calendar. Roll call vote; the motion carried unanimously, 7:0. II. PUBLIC HEARING: DEVELOPMENT SERVICES FINANCING STUDY City Manager Mike Gleason introduced the topic and clarified that recent increases in building permit fees and the fees associated with appeals are separate issues and should not be confused with the study under considera- tion. Tony Mounts, Financial Management Services Division, gave the staff report. The recommendations in the Development Services Financing Study are a re- sponse to council direction to create stability in the General Fund through e MINUTES--Eugene City Council Page 1 October 22, 1990 I e a combination of increased fees, service reductions, and one-time revenues. The Council Committee on Development Services looked at the total costs of development services provided by the General Fund and identified opportuni- ties for reducing general tax support for these services. Services included in the recommendations can be divided into three categories: direct servic- es, e.g., land use actions initiated by property owners, building permits, and plan-checking fees; general business services; and general public devel- opment services, e.g., general land use planning and information provided about development. The recommendations contained in the report have been available for the past several weeks. Responding to questions from councilors and the Mayor, Mr. Mounts said that State code is vague on whether fire inspections for all structures are re- quired annually. He added that the recommendation to eliminate tax support of development services refers only to General Fund support. Mayor Miller opened the public hearing. John Sheppard, 3815 Monroe Street, spoke on behalf of the Eugene Area Chamber of Commerce. The chamber believes a fee increase would discourage expansion of existing businesses and relocation of businesses to the community and would send a negative message to the business community. Mr. Sheppard argued that most regulations are imposed on property owners for the benefit of the general public, and the public should carry its share of the burden of the cost of development regulations. By not requiring lOa-percent cost recovery in the case of annexation, the plan, in Mr. Sheppard's opinion, recognizes e the negative impact of high fees. Dave Carlson, 1601 Willamette Street, identified himself as a realtor repre- senting the Eugene Association of Realtors. He considered development ser- vices a consumer issue and said that the community should bear the cost of regulating private property owners involved in development or building. Mr. Carlson requested that the council oppose the recommendations in the study or postpone its decision because he thought there had been inadequate public notice of the council's consideration of the issue. Kaye Robinette, 2180 Law Lane, spoke as former Deputy Administrator of the State Building Codes Agency and said that instead of increasing fees for bUilding permits and plan checks, the program could be turned over to the State for operation. Bob Schafer, 86092 Lorane Highway, argued that adopting the study's recommen- dations would increase the cost of a building permit for a 1,600-square foot home from $1,100 to as much as $9,156. He said that the cost of living in Eugene is 18 percent above the national average, while income in lane County is 15 percent below the national average. Mr. Schaefer maintained that the sole purpose of a bUilding department is the promotion of life, health, and safety, and it would be inappropriate at this time to impose fees which add to the cost of housing. e MINUTES--Eugene City Council October 22, 1990 Page 2 -- e Jim Breeden, 3885 Wilshire, commended the council for its concern regarding the budget, but maintained that the recommendations in the study offer a short-term solution that will lead to fewer rental vacancies and higher rent- al rates. He proposed reducing staff and shortening the time required to process a residential building permit as a better means of addressing budget shortfalls. Tim McCloskey, PO Box 986, spoke as president of the Lane County Home Build- ers Association. He shared the concerns expressed by Mr. Sheppard and asked the council to reject fee increases that could make affordable housing less attainable. Larry Schoelerman, 2350 Olive, applauded the City's efforts to reduce its reliance on property taxes but objected to the study's recommendations for philosophical reasons. Commenting that if the costs of services provided to user groups are to be fully recovered from those groups, they should have input into the way those services are provided. He said that building in- spection services are to assure the safety of the community at large and are not for the benefit of building professionals. Therefore, the community should pay for those services. Ann Schoelerman, 2350 Olive, identified herself as a development processing consultant and realtor. She considered building costs in the community to be high already and said that adoption of the study's recommendations would jeopardize the construction industry in this area. e Paul Nicholson, 1855 East 28th Avenue, agreed with all previous speakers and said that the study's recommendations would add to an already burdensome regulatory environment that encourages lawlessness. He thought the public process on this issue had been inadequate and requested notification of small businesses and other potentially interested parties. Steven Ericson, 201 River Loop No.1, said he represented many contractors in the electrical field and is an instructor at Lane Community College. His LCC class accompanied him to the meeting, and he told the council his students would be the people who would suffer a negative impact if the study's recom- mendations were enacted. Mr. Ericson criticized the Building Division for nit-picking in its inspection practices. There being no further requests to speak, the public hearing was closed. Mayor Miller added a letter from the Lane County Home Builders Association to the public record. Responding to council questions, Mr. Gleason explained that the State charges the same fees as the City, so there would be no reduction in the cost of service if the State assumed control. Several permitting systems are con- nected to building permits (e.g., curb cut permits, sanitary connection per- mits, land use permits, and everything relating to public access and egress issues). Assigning a third agency such as the State of Oregon responsibility e MINUTES--Eugene City Council October 22, 1990 Page 3 e for fire, building, and electrical inspections would require that the other permit processes be coordinated through that third party. Mr. Boles pointed out that the committee adjusted some of its preliminary suggestions in order to address imbalance and it has attempted to ease the burden on those who will bear the costs by phasing in the change over five years. Mr. Holmer observed that only one of the 26 separate fee items considered by the committee has been the subject of public concern. While he agreed that there is public benefit to plan inspections, he maintained that the party responsible for the costs incurred at a particular time by a particular project should bear the burden of those costs. He assured the public that progress is being made in reducing the amount of staff time spent in the building permit process. Ms. Schue commented on problems associated with local government financing in Oregon and noted that while new construction is welcome in this community, it produces more demand for services without providing sufficient additional income to pay for those services. Mayor Miller, speaking on behalf of himself and Councilor Rutan, opposed moving to 100-percent private support during a period of a receding economy. He supported a combination of tax and fee support for development services and advocated for initiating a dialogue with the development community and striving for a more acceptable and balanced solution. e Mr. Gleason clarified that the council was not considering implementation of fees at this time but was deciding whether to move in that direction. Admin- istrative regulations being implemented at this time that will bring Eugene in line with the State fee schedule have nothing to do with the recommenda- tions under consideration. Ms. Bascom wondered how Eugene's building fees would compare to those else- where in the state if the recommendations were implemented. Mr. Mounts re- sponded that most cities within Oregon operate within the State guidelines. Portland is currently exceeding the state ceiling and recovering 100 percent of its costs. Mr. Boles assured Ms. Bascom that the committee considered its proposals in line with other comparable municipalities. He favored involving the private sector in a review of costs after two years. Referring to comments on the public involvement process, Ms. Ehrman said that the committee met publicly for nearly a year, and many opportunities for public input were available. Ms. Schue concurred with Ms. Ehrman's remarks. Mr. Bennett described moving to cost recovery on a user-fee basis as council policy over the past several years. As a developer himself, Mr. Bennett said he was willing to pay user fees, but he wanted assurance that those fees would be comparable to those in other metropolitan areas of comparable size in Oregon and the Pacific Northwest. e MINUTES--Eugene City Council October 22, 1990 Page 4 e Mr. Mounts responded that before any specific fee increases were proposed, a market survey would be conducted. Referring to Mr. Ericson's testimony, Ms. Bascom said that specific com- plaints about the plan-checking and building code enforcement processes should be addressed to the Building Construction Advisory Committee. Ms. Schue moved, seconded by Mr. Bennett, to direct staff to begin to implement the recommendations of the Committee on Development Services as presented in the September 26, 1990, Development Services Financing Study. Mr. Boles reiterated that the motion under consideration would not increase costs but would adopt a principle that will move the City toward cost recov- ery. Mr. Holmer reminded the council that its adopted process for the setting of fees requires the City Manager to notify the council. When that occurs, the council could request information about fees in other markets. Mr. Mounts added that the administrative fee-setting ordinance requires that such infor- mation be provided and the council could direct an adjustment of the proposed fee if it were shown to be discrepant with the market. Mayor Miller continued to press for additional community involvement before the council proceeds. e Mr. Green expressed reluctant support for the study's recommendations and emphasized the importance of review within the first two years. Roll call vote; the motion carried unanimously, 7:0. The council took a short break. III. PUBLIC HEARING: PROPOSED EMERGENCY SNOW ORDINANCE City Manager Mike Gleason introduced the topic. Bob Hammitt, Public Works Department, gave the staff report. The proposed ordinance would ban parking on priority streets, enabling City staff to keep street systems open during ice and snow storms so that emergency vehicles, buses, and traffic could move safely around town. Responding to concerns expressed by Ms. Ehrman, Mr. Hammitt indicated that owners of vehicles parked illegally during storms would be notified by tele- phone if possible, and a car would not be towed unless it was determined to present a real hazard. Responding to a question about a specific area on Fairmount Boulevard between 17th and 19th avenues, Mr. Hammitt said that the ban would not apply to this area because it was not identified as a priority street. Mayor Miller opened the public hearing. e MINUTES--Eugene City Council October 22, 1990 Page 5 ............ e William Combs, 4001 Potter Street, No. 40, considered the proposed ordinance ill-advised, impractical, and unenforceable and he urged the council to focus on obtaining adequate snow removal equipment instead. There being no additional requests to speak, the public hearing was closed. Mr. Hammitt acknowledged that the availability of equipment is a legitimate concern. The City usually does not provide towing for cars stranded in snow storms because of liability concerns. CB 4253--An ordinance concerning snow emergency regulations; amending Section 5.010 of the Eugene Code, 1971; and adding new Sections 5.677, 5.678, 5.679, 5.680, 5.681, 5.682, 5.683, 5.684, 5.685, 5.686, and 5.687 to the Eugene Code, 1971. 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, 7:0. Council Bill 4253 was read the second time by number only. e Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance 19723). Ms. Ehrman encouraged staff to provide adequate public education and notifi- cation before the City needs to make use of the new ordinance. IV. PUBLIC HEARING: STREET VACATION OF SPRING BOULEVARD, SOUTH OF 40TH AVENUE (LESLIE POLANSKY ET Al.) (SV 90-2) City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, gave the staff report. The applicant and adjacent property owners request the vacation of a portion of Spring Boulevard in order to develop a four-lot subdivision. The proposed vacation of the exist- ing Spring Boulevard right-of-way south of 40th Avenue and realignment in a slightly different configuration will provide access to the new subdivision as well as to the adjacent residential properties. The vacation petition contained the required number of property owner con- sents, public notice has been provided, the proposed new right-of-way has sufficient area for the location of all public facilities and utilities, the new alignment of Spring Boulevard is of sufficient size and design to accom- modate all public facility needs, and the new alignment would continue to e MINUTES--Eugene City Council October 22, 1990 Page 6 e meet the access needs of this area and would provide future access to the largely vacant area to the south and west as those areas are annexed and developed. Responding to councilors' questions, Mr. Croteau said that the newly aligned Spring Boulevard will be paved and will connect with the existing Spring Boulevard. No existing mature trees will be cut. Mayor Miller opened the public hearing. Charles Torrence, 2394 Charnel ton Street, was available to answer questions on behalf of the applicant. There being no requests to speak, the public hearing was closed. Ms. Bascom asked about sidewalks and Mr. Croteau responded that sidewalks will be constructed when individual properties are developed. Those side- walks are designed to be curbside. CB 4254--An ordinance vacating a portion of Spring Boulevard 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, e 7:0. Council Bill 4254 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance 19724). V. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY GENERALLY LOCATED IN THE RIVER ROAD AREA ON THE EAST SIDE OF NORTH PARK AVENUE BETWEEN HATTON AVENUE AND NANTUCKET (HOFFMAN AZ 90-4) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, gave the staff report. Annexation criteria, found in Section 9.158 of the Eugene Code, require that the property to be annexed be inside the urban growth boundary, that the annexation is consistent with adopted plans and policies, and that public services and facilities can be provided. Zone change criteria, found in Section 9.678 (2) of the Eugene Code, require that the uses and densities that will be allowed can be provid- ed with services, that the uses are consistent with the principles of compact and sequential growth, and that the change is consistent with the Metro Plan and with the adopted neighborhood refinement plan. The request before the council has been initiated by the property owners who wish to take advantage e MINUTES--Eugene City Council October 22, 1990 Page 7 e of urban services now available and to proceed with partitioning and further development of the parcel. Responding to a question from Mr. Green, Ms. Czerniak said that incremental annexation is occurring primarily in situations where property owners wish to proceed with new development. As a result of the Metro Plan amendments passed earlier this year by Eugene, Springfield, and lane County, developed properties with existing septic systems in the River Road/Santa Clara area may be connected to the sewer without annexation. Council review of the overall annexation program is scheduled for next year. Answering a question from Ms. Bascom, Ms. Czerniak explained that the request before the council will allow the property owners to convert a garage/shop building on one portion of the property into a single-family house. Current- ly, that building does not have plumbing facilities, so there is no septic system on site. The proposed development would represent a new service con- nection. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 4211--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Service District for property located in the River Road area in the vicinity of North Park e Avenue and Nantucket. Final Order AZ 90-4--A final order rezoning Tax lot 4200 from County RA/Ul to City R-l. Ms. Schue moved, seconded by Mr. Bennett, to adopt the resolu- tion and final order. Roll call vote; the motion carried unanimously, 7:0. Mr. Gleason asked that councilors submit their ballots for agenda item VII. VI. APPROVAL OF MINUTES, FINDINGS, AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND PASSAGE OF ORDINANCE City Manager Mike Gleason reported that Les Lyle was available to answer questions. Ms. Schue moved, seconded by Mr. Bennett, to approve the Hear- ings Official's minutes, findings, and recommendations of the October 1, 1990, public hearing. Roll call vote; the motion carried unanimously, 7:0. CB 4255--An ordinance levying assessments for existing sani- e MINUTES--Eugene City Council October 22, 1990 Page 8 e tary sewers in the River Road area; 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, 7:0. Council Bill 4255 was read the second time by number only. Ms. Schue moved, seconded by Mr. Bennett, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance 19725). VII. BALLOTING TO DETERMINE INTERVIEWEES FOR OPENINGS ON THE DOWNTOWN COM- MISSION, EUGENE-SPRINGFIELD METROPOLITAN PARTNERSHIP, AND PLANNING COMMISSION Councilors agreed to postpone consideration of the outcome of their balloting until the October 24 meeting. The meeting adjourned at 9:10 p.m. to October 24, 1990. e Respectfully submitted, :'~~tr., / Micheal Gleason, City Manager (Recorded by Mary Feldman) mncc 102290-730 e MINUTES--Eugene City Council October 22, 1990 Page 9