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HomeMy WebLinkAbout04/22/1991 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall April 22, 1991 7:30 p.m. COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Ruth Bascom, Debra Ehrman, Bobby Green, Randy MacDonald, Paul Nicholson (after 7:50 p.m.). \ COUNCILORS ABSENT: Mayor Miller, Kaye Robinette. The adjourned meeting of April 17, 1991, of the Eugene City Council was called to order by Council President Roger Rutan. In light of the large number of items on the council's agenda, Mr. Rutan asked those testifying at the public hearings to limit their comments to three minutes to ensure everyone the opportunity to speak. I. CONSENT CALENDAR Approval of City Council Minutes of January 16, 1991, lunch work session; January 28, 1991, dinner work session; January 28, 1991, Meeting; February 13, 1991, lunch work session; February 20, 1991, lunch work session; and March 4, 1991, dinner work session. Mr. Boles moved, seconded by Ms. Ehrman, to approve the item on the City Council Consent Calendar. Roll call vote; the motion carried unanimously, 5:0. II. PUBLIC HEARING: NUISANCE CODE AMENDMENTS City Manager Mike Gleason introduced the topic. Marsha Miller, Planning and Development Department, gave the staff report. She said that on March 6, council directed staff to amend the nuisance ordinance to allow, in'certain circumstances, for the private abatement of nuisance violations. The amended ordinance would be used in those cases when it is not in the public's inter- est to pursue enforcement and only when there are no health or safety issues. Councilor Rutan opened the public hearing. There being no requests to speak, the public hearing was closed. MINUTES--Eugene City Council April 22, 1991 Page 1 "~ e CB 4301--An ordinance concerning nuisance abatement and adding Section 6.115 to the Eugene Code, 1971. Mr. Boles moved, seconded by Ms. Ehrman, 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, 5:0. Council Bill 4301 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, 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 19769). III. PUBLIC HEARING: ORDINANCE CONCERNING AN ALLEY VACATION LOCATED BETWEEN 12TH AVENUE AND 13TH AVENUE AND JEFFERSON STREET AND MADISON STREET (CITY OF EUGENE: AVE 91-1) e City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, gave the staff presentation. The City Development Department is requesting the vacation of an alley located on the lincoln School housing site. The site has received approval for a planned unit de- velopment that includes apartments in the former lincoln School building and a community center. Staff recommends approval of this request. Ms. Ehrman asked whether there were costs associated with this request. In response, Mr. Croteau said that because the applicant of this request is the City of Eugene, it did not seem appropriate for the City to assess costs that would normally be associated with the request. Councilor Rutan opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4294--An ordinance vacating an alley; and declaring an emergency. Mr. Boles moved, seconded by Ms. Ehrman, 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 4294 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, 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 19763). e MINUTES--Eugene City ,Council April 22, 1991 Page 2 e IV. PUBLIC HEARING: MISCELLANEOUS AMENDMENTS TO THE EUGENE CODE, 1971 (CA 90-8, CA 90-99, AND CA 90-10) e City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, reported that most of the amendments being considered are necessary to comply with changes in the Oregon Revised Statutes mandated by the 1989 Legislature. He said that the mandates increase the time period for property owner notification and require that notice of a decision be provided to property owners after a decision has been made. These mandates will increase costs an estimated $5,000-$7,000 and increase by two weeks the time for application processing. Mr. Croteau said that this ordinance consists of a series of amendments to the Eugene Code relating to 1) quasi-judicial public hearing process; 2) procedures and notice requirements for administrative land-use applications; 3) land division regulations; and 4) changes that correct errors in existing language and reflect existing interpretations. Mr. Croteau noted that page 52 of the ordinance was mistakenly left out of the council's agenda packet and provided the council with copies. He said that both the Planning Commission and the Citizen Involvement Committee rec- ommend approval of this ordinance. Gary Chenkin and Jerry Jacobson, Planning and Development Department, were also present to answer questions. Councilor Rutan opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4302--An ordinance concerning quasi-judicial hearing procedures and land division; amending and renumber- ing Section 2.391 of the Eugene Code, 1971 to 2.390; adding new Sections 2.391, 9.033, and 9.172 to that code; amending Sections 2.392, 2.393, 2.395, 2.396, 2.397, 2.398, 2.399, 2.400, 2.403, 2.407, 2.409, 2.410, 2.411, 2.1066, 4.083, 7.610~ 9.015, 9.017, 9.030, 9.035, 9.040, 9.045, 9.050, 9.055, 9.060, 9.065, 9.070, 9.075, 9.080, 9.085, 9.090, 9.122, 9.143, 9.144, 9.145, 9.146, 9.147,> 9.148, 9.150, 9.154,9.156,9.158,9.160,9.162,9.164,9.250, 9.296, 9.384, 9.386, 9.402, 9.439, 9.440, 9.443, 9.512, 9.516, 9.535, 9.536, 9.544, 9.572, 9.576, 9.584, 8.586, 9.588, 9.592, 9.604, 9.606, 9.608, 9.644, 9.668, 9.672, 9.676, 9.678, 9.680, 9.681, 9.682, 9.690, 9.696, 9.706, 9.714, 9.716, 9.722, 9.738, 9.740, 9.742, 9.1016, 9.1020, 9.1039, 9.1041, 9.1043, 9.1150, 9.1174, 9.1176, 9.1178, 9.1180, 9.1182, 9.1184, 9.1186, and 9.1188 of that code; and repealing Sections 9.095, 9.100, and 9.520 of that code. e MINUTES--Eugene City Council April 22, 1991 Page 3 . e e Mr. Boles moved, seconded by Ms. Ehrman, 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. Mr. MacDonald thanked staff for information included in the staff notes ac- knowledging the importance of pre-decisional notices to the citizen involve- ment process. Council Bill 4302 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, 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 19770). V. ORDINANCE AMENDING THE BETHEL-DANESO REFINEMENT PLAN (MEDIA CRAFT ASSOCIATES, RA 90-2) City Manager Mike Gleason introduced the topic. Jim Croteau, Planning and Development Department, reminded the council that on April 8 the council overturned the Planning Commission's decision for denial of a refinement amendment. He noted that this was a quasi-judicial hearing and said that Councilors Bascom, Ehrman, Nicholson, and Robinette participated in that decision. Bill Gary, City Attorney's Office, noted that this is a quasi-judicial pro- ceeding and indicated that those councilors who disqualified themselves ear- lier should not participate in this discussion. Councilors Boles, Green, and MacDonald left the meeting. Ms. Bascom noted that she had an opportunity to visit the proposed site. Based on its present deteriorated condition, she said that she favors the attachment of site review criteria to this ordinance. She asked whether there is additional action needed on the part of the council to ensure that the attachment of site review criteria is a condition of the request. In response, Mr. Croteau said that the issue of site review criteria would be considered by the council at a later date when it considers the issue of applying a Mixed-Use zoning district to the property. Ms. Ehrman asked whether surrounding neighbors were notified of the refine- ment plan amendment. Mr. Croteau said that notice was sent to the neighbor- hood organization for this area. While the neighborhood organization has not commented on this request, considerable comment has been received from sur- rounding neighbors concerning the request. CB 4293--An ordinance amending the Bethel-Oanebo Refinement Plan (Media Craft Associates, RA 90-2). MINUTES--Eugene City Council April 22, 1991 Page 4 e Ms. Ehrman moved, seconded by Ms. Bascom, that the bill be approved and given final passage. Roll call vote; in a 2:1 vote, with councilors Bascom and Rutan voting in favor, and Councilor Ehrman voting opposed, the bill was declared passed (and became Ordinance 19762). VI. PUBLIC HEARING: CHURCHILL AREA NEIGHBORS CHARTER e City Manager Mike Gleason introduced the topic. Christine Donahue, Planning and Development Department, gave the staff report. She said that the resolu- tion being considered is a newly created charter for Churchill Area Neigh- bors, including the withdrawal of recognition of the former Churchill Neigh- borhood Association. The boundaries of this organization, include the former boundaries of the neighborhood association with the addition of some adjacent areas. Ms. Donahue noted that a committee of volunteers was responsible for preparing the charter and initiating the request for recognition. (Councilor Nicholson arrived at 7:50 p.m.) Councilor Rutan opened the public hearing. Alan Wilm, 2818 Warren Street, spoke as a Co-Chair of the Churchill Area Neighbors in favor of the charter. He thanked Ms. Donahue for her assistance in this effort for neighborhood recognition and hoped that the neighborhood organization would provide improved communication between the City and neigh- borhood residents. There being no additional requests to speak, the public hearing was closed. Mr. Rutan thanked Mr. Wilm and co-chair Jim Walsh for their efforts in organ- iZing this neighborhood association which should be very important to enhance City/citizen interaction. Mr. Boles echoed Mr. Rutan's comments noting that the organization should measurably strengthen the community. Res. No. 4237--A resolution withdrawing recognition of the Churchill Neighborhood Association; repealing Resolution No. 3067; and approving and accept- ing the Churchill Area Neighbors charter. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the measure carried unanimously, 7:0. VII. PUBLIC HEARING: WEST EUGENE COMMUNITY ORGANIZATION CHARTER City Manager Mike Gleason introduced the topic. Christine Donahue, Planning and Development Department, gave the staff report. She noted that the West - MINUTES--Eugene City ,Council April 22, 1991 Page 5 e Eugene Community Organization lies immediately adjacent to the Churchill Area Neighbors and said that this area has not previously been represented by a recognized neighborhood organization within the city. Ms. Donahue noted that the organization is composed primarily of business, commercial, and industri- al locations. A group of property owners in this area initiated neighborhood recognition. Responding to a question from Mr. Boles, Ms. Donahue said that the organizers of this organization did outreach to residential property owners in the area to invite their participation in the organization. She stated that approxi- mately ten percent of the addresses are residential. Responding to a question from Mr. MacDonald, Ms. Donahue indicated that sev- eral existing plans address the area included in the boundaries of the organ- ization, including the West Eugene Wetlands Study, the Commercial lands Study, and a portion of the Bethel-Danebo Refinement Plan. Councilor Rutan opened the public hearing. Clayton Walker, 3485 West 1st Avenue, testified in favor of the request. He noted that the organization was formed out of a need for improved communica- tion between the City and the neighbors, as well as between the neighbors themselves. e There being no additional requests to speak, the public hearing was closed. Mr. Green noted that the boundaries of this organization border his ward and said that he is looking forward to working with the group to become more familiar with problems and concerns property owners may have that are unique to this area. He noted that the formation of another neighborhood group, despite its composition, is consistent with the council's long-term citizen involvement goals. Mr. Nicholson noted that this neighborhood group is different from conven- tional neighborhood groups because it does not primarily involve residential property owners. He asked whether the Neighborhood leaders had discussed this issue. In response, Ms. Donahue said that this issue has been discussed at the Neighborhood leaders meeting. While the members recognize that the composition of this organization is slightly different from the traditional neighborhood associations, it supports the request. Ms. Donahue noted that when the West Eugene Community Organization was form- ing, the Churchill Area Neighbors had already begun work on its charter. Representatives of both groups met during that period to resolve any poten- tial difficulties regarding the common boundary shared by the groups. Mr. MacDonald welcomed the West Eugene Community Organization as a neighbor- hood association and indicated his interest in learning about issues and concerns unique to that area. e MINUTES--Eugene City Council April 22, 1991 Page 6 e e e Mr. Boles encouraged the neighborhood association to meet with City Council- ors, noting the importance of direct council/citizen interaction. Mr. Rutan offered his support for the request, but highlighted several issues of concern. He said that the formation of the organization runs contrary to the council's goal of consolidating neighborhood organizations. He also noted that because this is primarily a commercial/industrial area, the coun- cil should expect similar feedback from the neighborhood. Mr. Rutan said that councilors should be invited to participate in the formation of neigh- borhood organizations when it occurs in their ward. Responding to a question from Mr. Nicholson, Ms. Donahue said that with the recognition of the West Eugene Community Organization, the entire city of Eugene with the exception of the downtown core area, will have recognized neighborhood groups ranging in size from 500 to 7,000 addresses. Some merg- ers have been done in recent years; these efforts are initiated by the neigh- borhood organizations. Mr. Nicholson expressed concern that commercial interests already have access to the City by a variety of other means and suggested that forming a neigh- borhood organization may not be the most appropriate forum for this area. Mr. Boles said that interaction between councilors and neighborhood organiza- tions should be voluntary and initiated by the organization. He recognized that this organization is non-traditional in its composition, but pointed out that most neighborhood organizations invite business and commercial interests to become members of the neighborhood. Ms. Bascom offered her full support for this request. Mr. MacDonald stated that this area has some particular needs and challenges, particularly related to issues of transportation. He encouraged the organ- ization to provide input to the City on transportation land-use decisions. Res. No. 4238--A resolution approving and accepting the West Eugene Community Organization charter. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the measure carried unanimously, 7:0. VIII. PUBLIC HEARING: MANUFACTURED DWELLINGS CODE AMENDMENTS (CA 90-7) City Manager Mike Gleason introduced the topic. Jan Childs, Planning and Development Department, gave the staff presentation. She stated that the amendments to the code are needed to address recent State legislation affect- ing the definitions and regulation of manufactured housing, preViously re- ferred to as "mobile home." The proposed amendments are provided to do the following: I} revise definitions and the use of terms in Chapters 2 and 9 of the Eugene Code for consistency with the new definitions; 2} allow siting of manufactured homes as a permitted use on individual lots in the RA and R-l MINUTES--Eugene City Council April 22, 1991 Page 7 e e e zones; 3) allow siting of subdivisions through the standard subdivision pro- cess in the RA and R-l zones; and 4) allow manufactured dwelling parks in the RA and R-l zones as a permitted use under clear and objective standards with site plan approval. Ms. Childs said that the Planning Commission discussed and held a public hearing on the manufactured dwelling code amendments on March 5, 1991. The Planning Commission reviewed the standards for manufactured homes on individ- ual lots which local governments may require under the new State legislation and after discussion, recommended that only those standards related to ther- mal envelope and foundation be required of manufactured homes on individual lots and in manufactured home subdivisions. Ms. Childs said that John Vanlandingham was available to answer questions. Mr. Gleason commented on the negative perception of manufactured housing that exists within the community and the barriers that are created to prohibit manufactured housing in residential neighborhoods. He noted that one way to ,begin removing the stigma attached to manufactured housing is to provide some assurances that manufactured homes will be built to the same standards as other stick-built homes and, that housing that is uncharacteristic will not be allowed in established residential neighborhoods. For this reason, he recommended that the council apply the full set of standards allowed by State legislation. Councilor Rutan opened the public hearing. John Vanlandingham, 1172 West 5th Avenue, testified on behalf of the Planning Commission in favor of the recommendations. He said that the public's atti- tudes toward manufactured housing are a reflection of housing constructed several decades ago and noted that there is little difference any more be- tween manufactured and stick-built homes. He emphasized the need to keep manufactured housing affordable, particularly for low-income citizens, and voiced concern that imposing the full set of HUD standards would increase housing cost. Don Miner, 2255 State Street, testified on behalf of Oregon Manufactured Housing Association in support of the ordinance. He stated that the HUD Code, as opposed to the Oregon CABO Code, is accepted in every state nation- wide. He said that it would be difficult for housing manufacturers to market housing that was manufactured to meet State housing standards. The associa- tion recommends that the council consider adopting the full set of standards for manufactured homes on individual lots allowed by State legislation in order to improve the likelihood that manufactured housing is fully accepted in the community. Mr. Miner distributed a list of those standards. There being no additional requests to speak, the public hearing was closed. Responding to a question from Ms. Ehrman, Ms. Childs said that if Eugene were to adopt only a portion of the standards allowed by legislation, it would be the only city in the state to do so. MINUTES--Eugene City Council April 22, 1991 Page 8 - e e Mr. Boles commented that housing for institutional care must meet a mlnlmum space requirement of 80 square feet per person and noted that it is important for the City to adopt the HUD standards for housing size as a means of demon- strating that low-income residents are valued within the community. Mr. MacDonald agreed on the need to encourage general public acceptance for manufactured housing and offered his support for the full set of standards. Responding to a question from Ms. Bascom, Ms. Childs said that the HUD Code was enacted in 1976. The definition of manufactured home is any unit built between 1976 and the present time and built to the HUD code. If the full set of standards were enacted, homes with a flat roof which were built after 1976 would not be permitted. Responding to a question from Mr. Green, Ms. Child said that it is difficult to estimate the depreciation rate of manufactured homes under the revised standards, because the standards have not been in place long enough. Mr. Gleason added that the assessed valuation of a manufactured dwelling unit would be characteristic of the area in which it was located. Ms. Ehrman asked about the possibility of adopting the full set of standards and implementing an exception process that would give neighborhood residents the ability to permit a home which did not meet the full set of standards, if so approved. In response, Ms. Childs said that such an exception process would be possible. However, she encouraged the council to adopt a set of standards and allow sufficient time to test and evaluate those standards before implementing an exception process. CB 4303--An ordinance concerning manufactured dwellings; amending Sections 2.1060, 2.1086, 9.015, 9.268, 9.384, 9.386, 9.802, 9.804, 9.806, 9.808, 8.810, and 2.820 of the Eugene Code, 1971; adding a new Section 9.817 to that code; and repealing Sections 9.812, 9.814, 9.816, and 9.818 of that code. Mr. Boles moved, seconded by Ms. Ehrman, 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. Mr. Boles moved, seconded by Ms. Ehrman, to amend the motion to include the full set of HUD standards found in Section 9.286 (16) (a)(b)(c). Ms. Bascom noted the difficulties of encouraging innovation in manufactured housing design while gaining acceptance for manufactured housing. She noted the importance of maintaining the affordability of manufactured housing and offered her support for the Planning Commission's recommendation of adopting only two of the six HUD standards. Mr. Nicholson concurred. MINUTES--Eugene City Council April 22, 1991 Page 9 e e e Mr. Green voiced support for implementing the full set of standards on a trial basis. If the industry finds that the standards are a burden to manu- factured homes, he said that he would be willing to revisit this issue. Roll call vote; the amendment carried, 4:2, with councilors Boles, MacDonald, Ehrman, and Green voting in favor, and coun- cilors Nicholson and Bascom voting against. (Councilor Rutan did not vote on this issue). Roll call vote; the motion carried unanimously, 6:0. (Councilor Rutan did not vote on this issue). Council Bill 4303 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, 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 19771). Ms. Ehrman asked the Planning Commission to develop an exception process that would permit manufactured homes which did not meet all the standards to be placed in residential neighborhoods, subject to neighborhood discretion. By consensus, the council offered its approval of this suggestion. IX. MINUTES, FINDING, AND RECOMMENDATIONS OF HEARINGS OFFICIAL AND ORDI- NANCE lEVYING ASSESSMENTS FOR ALLEY PAVING AND SANITARY SEWERS BETWEEN 7TH AND 8TH AVENUES FROM WASHINGTON STREET TO JEFFERSON STREET City Manager Mike Gleason introduced the topic and ~aid that les lyle, Public Works Department, Engineering Division, would be available to answer ques- tions. Mr. MacDonald noted that the City Attorney's Office and the Hearing's Offi- cial had requested clarification of terminology used in the ordinance and asked about the status of this request. In response, Mr. lyle said that staff would return to the council at a later date with code language clarifi- cation. Mr. Boles moved, seconded by Ms. Ehrman, to approve the Hearings Official's minutes, findings, and recommendations of April 9, 1991. Roll call vote; the motion carried unanimous- ly, 6:0. CB 4304--An ordinance levying assessments for alley paving and sanitary sewers between 7th and 8th avenues from Washington Street to Jefferson Street; and declaring an emergency. MINUTES--Eugene City Council April 22, 1991 Page 10 e e e Mr. Boles moved, seconded by Ms. Ehrman, 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 4304 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Mr. MacDonald provided the council with a brief overview of this topic. He voiced concern with the property assessment at 754 Washington Street. He regretted the confusion that surrounded the assessment process and hoped this would not happen in the future. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance 19772). x. APPOINTMENT TO THE PLANNING COMMISSION Mr. Boles moved, seconded by Ms. Ehrman, to appoint Ellen WoJahn to the Planning Commission to complete the unexpired term of Jim Ellison ending December 31, 1992. Roll call vote; the motion carried unanimously, 7:0. (Councilor Rutan voted on this issue.) At 9:35 p.m., the meeting adjourned. Respectfully submitted, .?n-. / /1aJ ~ . jI~~~~ '.~l Micheal Gleason City Manager (Recorded by Traci Northman) mncc 042291-730 MINUTES--Eugene City Council April 22, 1991 Page 11