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HomeMy WebLinkAbout04/13/1992 Meeting (2) e e - M I NUT E S Eugene City Council Council Chamber--City Hall April 13, 1992 7:30 p.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. The regular meeting of April 13, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. Mayor Miller asked those testifying during the public hearings to limit their comments to three minutes to ensure that everyone has the opportunity to speak. I. PUBLIC FORUM William Mason, 1803 West 34th Avenue, said that not having City offices cen- trally located was an inefficient and costly way of doing business. He felt it was time that the City addressed its space problems. He noted that pri- vate property occupied by the City is tax-exempt. Paul Rabis, 3105 lincoln Street, introduced himself as a representative of the Friends of the Wayne Morse Historical Park. He said the group feels that the dog-off-leash use of the park is inappropriate and that the park should be managed in a more environmentally sensitive and historical context. He asked that the council reevaluate the dog-off-leash designation for the park based on the controversy that has surrounded this decision. He quoted Parks Services Superintendent Doug Post as saying that the dog-off-leash designa- tion has not been successful at the park. Kit Staples, 3105 lincoln Street, read a statement from Ann Penny, Chair of the Wayne Morse Historical Park Association, expressing concern about the dog- off-leash use of the park and requesting that the council repeal the dog- off-leash designation for the park or not allow fences or other structures to be constructed if the use is continued. Ms. Staples said a show was recently televised on Oregon Public Broadcasting highlighting efforts being taken to remedy dwindling natural parks in Portland. She said lane County has recent- ly established a nature sanctuary in Alton Baker Park and that Springfield maintains the historic and natural features of Dorris Ranch. Jonathan Beall, 3000 Madison Street, said he wanted to bring the council's attention to a watershed management issue that has developed within the upper Amazon Creek basin that flows through the east pasture of the Wayne Morse Park. He said he has 14 years of experience as a fish and wildlife biologist MINUTES--Eugene City Council 7:30 April 13, 1992 Page 1 e specializing in wetlands and forest management. He said the environmental damage to the east pasture and stream is a result of what he said Bob Schutz, PARCS Director, refers to as "really intense usage." He said that the coun- cil should have received photos of the area. He said the City should be concerned about the increased erosion accelerating soil deposits in the Ama- zon channel. Charles Lynch, 420 West 13th Avenue, requested that the yellow stripe prohib- iting on-street parking along a ISO-foot frontage on 13th Avenue be removed to allow additional parking spaces that were eliminated when the avenue was widened. e John Replinger, 41 West 35th Avenue, introduced himself as a member of the Wayne Morse Ranch Off-Leash Association. He said over the past six months, dog owners using the park have been accused of a number of allegations, but that they have been responsible and have been willing to work with the City to alleviate legitimate concerns. He felt that opponents of the dog-off- leash use were taking a "not in my backyard" stand. James Kirk, 1960 East 17th Avenue, expressed concern about a two-hour parking zone that has been created east of the University of Oregon (U of 0), noting that there are times he cannot park in front of his house. He said that parking problems in his neighborhood actually began two years ago, when park- ing meters were installed in the neighborhood. He said he understood that he could purchase a parking permit at an annual rate of $15 and that the City will waive this cost for tenants who reside in the neighborhood and attend the U of O. He said he also understood that the City recently directed the Parking Control Officers to not enforce the two-hour program. He noted that he aired his concerns at the last neighborhood association meeting. He asked that the council address these concerns. David Miller, 1690 South Brooklyn Drive, said he is subjected to being cited for selling his joke books because he cannot obtain a street vending license. He expressed concern about the City not issuing him a license to sell his hand-crafted product but will issue licenses to vendors who sell balloons. He felt it was unfair that he is subject to being cited while a decision regarding this issue is awaiting from the Oregon Court of Appeals. II. CONSENT CALENDAR A. Approval of City Council Minutes of January 22, 1992, Lunch Work Session; January 29, 1992, Joint Elected Officials Hearing; Febru- ary 10, 1992, Meeting; and March 2, 1992, Dinner Work Session B. Resolution to adopt Lane Regional Air Pollution Authority Modified Agreement Res. No. 4310--A resolution authorizing execution of Lane Regional Air Pollution Authority Modified Agreement. e MINUTES--Eugene City Council 7:30 April 13, 1992 Page 2 e Mr. Boles moved, seconded by Mr. Green, to approve the items on the City Council consent calendar. Roll call vote; the motion passed unanimously, 8:0. III. PUBLIC HEARING: ORDINANCES CONCERNING WHITEAKER REFINEMENT PLAN AMENDMENT AND CREATION OF A MIXED-USE DISTRICT/CONCURRENT REZONING-- JENOVA LAND COMPANY/SPRING HOLDINGS, INC. eRA 92-01 AND Z 92-6) City Manager Mike Gleason introduced the topic. Jerry Jacobson, Planning and Development Department, presented the staff report. He summarized the crite- ria applicable to each of the following involved in this request: 1) an amendment to the Whiteaker Refinement Plan to allow mixed-use development on the subject property in an area currently designated for light industrial development; 2) creation of a Whiteaker Industrial/Commercial Mixed-Use Zon- ing District; and 3) concurrent rezoning of the subject property from 1-2 Light-Medium Industrial District to MU-I/C SR Whiteaker Industrial/Commercial Mixed-Use District/Site Review Subdistrict. The subject property is approxi- mately 10.53 acres of property located north of the Southern Pacific Railroad tracks from Washington Street west to a point approximately 160 feet west of Pearl Street. The Planning Commission held a public hearing on this request March 17 and recommended approval of all three actions. An additional letter from the Whiteaker Community Council (WCC) in support of this request was received subsequent to the Planning Commission public hearing. He said that Planning Commissioner John VanLandingham was present to answer questions. e Mr. Nicholson declared a conflict of interest and abstained from discussion on the item. Responding to a question from Ms. Ehrman, Mr. Jacobson said that long-term solutions to transportation issues in the neighborhood will be incorporated in an update of the Whiteaker Refinement Plan and that immediate traffic problems would be addressed in a similar manner as other traffic concerns. He said the only known development in the neighborhood will be at the former Eugene Planing Mill site where a retail store will be located. Mayor Miller opened the public hearing. Jim Saul, representing the property owners, said Don Wooley and Tom Connor were present to answer questions. He said the proposed amendment to the Whiteaker Refinement Plan and rezoning presents an opportunity to continue the revitalization of the downtown core. He expressed appreciation to staff and the WCC representatives who contributed their efforts and noted that the WCC voted unanimously in support of this request. Laurie McClain, WCC President, said the WCC supports the proposed rezoning. She said the WCC is closely monitoring the development in the west Skinner Butte neighborhood. She said there are some concerns regarding traffic flow in the neighborhood, but that it is hoped the increase in traffic will result in increased business for the retail stores. She said the WCC wants to en- e MINUTES--Eugene City Council 7:30 April 13, 1992 Page 3 e courage development and address concerns through an update of the Whiteaker Refinement Plan. There being no other requests to speak, the public hearing was closed. CB 4366--An ordinance amending the Whiteaker Refinement Plan. Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously, 7:0:1, with Councilor Nicholson abstaining. e Council Bill 4366 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage; all councilors present voting aye, with Councilor Nicholson abstaining, the bill was de- clared passed and became Ordinance No. 19833. CB 4367--An ordinance creating a Whiteaker Industri- al/Commercial Mixed-Use District. Final Order Z 92-6--A final order rezoning the properties from 1-2 Light-Medium Industrial District to MU-I/C SR Whiteaker Industrial/Commercial Mixed-Use District Site Review Subdis- trict. Mr. Boles moved, seconded by Mr. Green, that the bill and final order, with unanimous consent of the council, be read the second time by council bill number only, and that enact- ment be considered at this time. Roll call vote; the motion passed unanimously, 7:0:1, with Councilor Nicholson abstain- ing. Council Bill 4367 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill and final order be approved and given final passage. Roll call vote; all councilors present voting aye, with Councilor Nicholson abstaining, the bill and final order were declared passed and became Ordinance No. 19834. IV. PUBLIC HEARING: OLIVE STREET CONCEPTUAL DESIGN AND CODE CHANGES Acting Assistant City Manager Linda Norris introduced the topic. Allen Lowe, Planning and Development Department, presented the staff report. The public hearing is being held to generate public comments on two aspects of the pro- posal to reopen Olive Street between 8th and 10th avenues. One subject of e MINUTES--Eugene City Council 7:30 April 13, 1992 Page 4 e e e the public hearing is the proposed conceptual design for reopening the street to vehicular traffic; a second subject of the hearing is an ordinance con- cerning the Eugene Pedestrian Mall, which would amend the Eugene Code in ways necessary to return the section of Olive Street between 8th and 10th avenues to vehicular use. This ordinance would go into effect only if the voters approve a measure to reopen the street at the May 19 primary election. The Downtown Commission held a public hearing on the proposed conceptual design on March 31. Following the public hearing, the commission voted to forward the recommended design concept with no revisions to the council. Mayor Miller opened the public hearing. Sue Prichard, Chair of the Downtown Commission, said the commission appreci- ated the assignment it was given by the council and found the time line chal- lenging. She said the commission used information, reports, and designs that had already been completed to be as cost- and time-efficient as possible. She said the commission developed an inexpensive and attractive plan that accomplishes what the commission feels is the most critical factor to a se- ries of projects that should be occurring. She said the results of the com- mission's public hearing were overwhelmingly in support of the design and that from comments heard so far, this proposal has a very favorable public response. She said the commission encourages the council's speedy action so that revitalization of downtown can occur. Hal Reed, 85139 Appletree Drive, Lane Economic Committee Chair, testified in support of reopening Olive Street, saying that the remaining stores are hin- dered by the lack of accessibility. Tim Scherer, 84984 Appletree Drive, introduced himself as an owner of proper- ty on Olive Street currently occupied by Bradford's Hi-Fidelity. He said one of the reoccurring themes in comments he has heard regarding the reopening of Olive Street has been a desire for a guarantee that opening the street will be successful in bringing retail back to the downtown mall. He said the only known guarantee is that if nothing is done, the mall will continue to de- cline. He felt the cost of opening the street was very reasonable. Carol Scherer, 84984 Appletree Drive, testified in support of the proposed design and amendments. She said she believed that reopening Olive Street will stimulate a positive cycle resulting in more jobs, improved safety, reduced taxes, and more accessibility for bicyclists and motorists in the area. Betty Niven, 65 West 30th Avenue, testified in support of reopening Olive Street. She said as a member of the Friends of Downtown, which opposed the opening of Willamette Street, that she would like to clarify that the Willamette Street proposal included reopening Olive Street and would have cost $3.5 million, and that reopening Olive Street only would cost a fraction of the Willamette Street proposal. She felt this proposal was cost effi- cient. She suggested putting the relocation of the existing fountain on a separate ballot if it will not be included on the ballot for reopening Olive Street. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 5 e e e William Mason, 1803 West 34th Avenue, said he attended the Downtown Commis- sion meetings on the Olive Street proposal and noted that among three propos- als, the proposal with the lowest cost was not considered. He said that none of the property owners have offered to share the cost of reopening Olive Street, noting that property owners are assessed some of the cost of street improvements abutting their property. He claimed that taxpayers are paying six times more for the urban renewal district's bond indebtedness than the Eugene School District's bond indebtedness. William Eaton, 2311 Willamette Street, testified in opposition to spending urban renewal funds to reopen Olive Street, feeling that the funds should be used to help payoff the urban renewal district's bond indebtedness and cer- tificates of deposits. Donna Taggart, 1371 Washington Street, felt it was unrealistic for the coun- cil to seriously consider public testimony since it is scheduled to act on the proposal at its April 15 work session. She expressed concern about the lack of bike lanes and not allowing buses to travel on the street. She sug- gested constructing the street as a one-lane, one-way street, with either STOP signs or an around-about to save the fountain. She felt that the pro- posed number of parking spaces detracted from space available for pedestri- ans, flowers, benches, and tables, and that parked cars would be a visual distraction to storefront aesthetics. She expressed concern about wheelchair accessibility. Arthur Shapiro, 2742 Bowmont Drive, felt the council should vote against the proposal if it has the slightest doubt about it. He said the council as a body has spent over $52 million for downtown projects. He said he did not think that reopening Olive Street would cure the problems of the downtown mall. He suggested making Charnel ton a two-way street and providing on- street parking. He asked about the participation of abutting property owners in the cost to reopen Olive Street. George Boehnke, 2040 Willamette Street, testified in support of reopening Olive Street and reestablishing the free parking program. Robert Rousley, 476 East Broadway, asked the council to let the public vote on the Olive Street proposal. Russ Brink, 2278 Corinthian Court, said he was confident that the voters will approve the design on May 19. He said the design retains pedestrian ameni- ties and is a fiscally responsible solution. He said the Downtown Commission made efforts to develop a design that was pleasing to the public, good for downtown, and cost-efficient. Charles Duncan, 2154 McMillan Street, said he was a member of the Friends of Downtown and that he has always supported reopening Olive Street. He urged approval of the proposal, feeling that it was a step toward revitalizing the downtown mall. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 6 e e e Charles Biggs, 2405 Willakenzie Road, introduced himself as a former archi- tectural student at the U of 0 and offered a design he drafted for considera- tion. He described his design as a convertible two-way street with IO-foot, 6-inch wide lanes. He said a smaller lane width would increase pedestrian safety and that the street would retain the existing fountain as well as multiple-uses for special events. Jim Torrey, 2545 Chuckanut Street, representing the Chamber of Commerce and the Community Coalition for Downtown, described the formation of the Communi- ty Coalition for Downtown, which is composed of both proponents and opponents of the Willamette Street proposal and supports the Olive Street proposal. Jonathan Stafford, 434 East 11th Avenue, Downtown Commission member, said he believed that given the time constraints the commission was working under, the design was better than expected, although he said it was not the design he preferred. He urged for the consideration of including smaller water features should funds become available. Tom Slocum, 1950 Graham Drive, testified in support of the proposal. He suggested removing the turn lanes from the design to allow more parking spac- es to be installed. There being no other requests to speak, the public hearing was closed. Councilors requested that further information on the following be provided at the April 15 work session: 1) the relationship between pedestrians, automo- biles, persons with visual impairment, and wheelchair accessibility at the intersection of Olive Street and Broadway; 2) the placement of curb cuts; and 3) further information on the turn lanes and traffic requirements. (The council took a break.) v. PUBLIC HEARING: DRAFT URBAN FOREST MANAGEMENT PLAN City Manager Mike Gleason introduced the topic. Bob Hammitt, Public Works, presented the staff report. Tonight's public hearing on the draft Urban Forest Management Plan (UFMP) follows nearly two years of work by the Tree Commission and an intense citizen involvement process. Public hearings on the UFMP have been held by the Tree Commission and the Planning Commission. Among the plan's 19 policies, public comment has focused mostly on policies 12 and 17, which include mandatory and voluntary alternatives for preserva- tion of heritage and other trees on private property. The Tree Commission and Planning Commission developed separate versions of both policies. The Tree Commission's version of Policy 12 would require tree protection; the Planning Commission's would encourage tree protection. The Tree Commission's version of Policy 17, which governs heritage trees, requires a mandatory approach to preserving heritage trees; the Planning Commission's version takes a voluntary approach. The Council Committee on Infrastructure (CCI) further developed separate policies of 12 and 17, which are outlined in the March 11, 1992, memorandum included in the council packets. After the MINUTES--Eugene City Council 7:30 April 13, 1992 Page 7 . e e council adopts the plan, ordinance language will be prepared as necessary to implement the plan's policies. He said Fred lockhart, Tree Commission mem- ber, and Ken Tollenaar, Planning Commission member, were present to answer questions. Jenny Sirnio, 95 Bradford Court, Planning Commission member and former Tree Commission member and Heritage Tree Subcommittee Chair, said she has been involved in the development of the UFMP since the beginning. She said she supported option one of the CCI's recommendation on Policy 12. She supported a voluntary approach as recommended by the CCI for Policy 12.1, which she said appears to best address public concerns regarding costs. She said she supported requiring mandatory retention of heritage trees under Policy 17. She felt that policies on the removal of non-heritage trees in cases where a building permit is not being applied for should be incorporated into the UFMP. Mary Bentsen, 950 West 16th Avenue, testified in support of the Tree Commis- sion's recommendations on polices 12 and 17. She urged for the mandatory retention of heritage trees but felt it would be difficult to regulate heri- tage trees without having conducted an inventory of them first. Opal Batchelor, 34238 Matthews Road, testified in support of a voluntary approach to preserving trees. Jacqueline Chama, 1612 lincoln Street, Tree Commission member, asked the council to separate the cost of the plan from the principle and intent of the community to protect trees from irresponsible development and to preserve the city's existing trees. She said the policies outlined in the plan can be implemented in many ways. She felt a mandatory protection policy must be in place before a major growth boom arrives in Eugene. Richard Wright, 3380 Kincaid Street, quoted the following from a professor of environmental science at Dartmouth: "Environmental problems are caused by billions of small, unthinking actions. They will be cured by small, sensible actions." He felt the UFMP was a collection of small, sensible actions. He said the United States has a history of land use policies protecting trees, some of which he said were far stricter than those proposed in the UFMP. He read a provision from an ordinance adopted in Philadelphia, Pennsylvania, in the 1700s, requiring property owners to plant at least one tree on their property to render their property "more healthy." He asked the council to take steps now to defer potential costs of further degradation of the envi- ronment. Tim Vollmer, Executive Officer of the lane County Homebuilders Association, 1679 Willamette Street, said the Homebuilders Association urges the adoption of the Planning Commission's recommendations. He expressed concern about the resources needed to administer a tree program in light of the City's project- ed budget shortfall and about an additional increase in systems development charges. He described how the direct and hidden costs would have a negative impact on housing costs and on low-income households. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 8 e e e Robert Murray, 2650 Bowmont Drive, testified in opposition to a mandatory approach of preserving trees on private property. He said the existing tree ordinance requires that a permit be obtained to cut more than five trees in a calendar year. He supported encouraging the retention of heritage trees. Dennis Casady, PO Box 5028, said that 80 percent of respondents polled in a survey were opposed to a mandatory approach to preserving trees in Eugene. He said the City lacks the revenue to administer the plan. He urged the adoption of the voluntary approach for polices 12 and 17, as recommended by the Planning Commission. Micheal Roberts, 1919 Myers Road, Building Construction Advisory Committee (BCAC) member and BCAC Task Team member, noted the difference between the costs to administer the plan estimated by the City and the Homebuilders Asso- ciation. He discussed the results of a study recently conducted on the Gen- eral Fund costs of operating the Building Division. In conclusion, he asked the council to support the Planning Commission's recommendations. Bob Moulton, 294 Sterling Drive, Eugene Chamber Task Force member, testified in support of a voluntary approach to preserving trees and for the Planning Commission's recommendations on policies 12 and 17. He suggested taking a positive approach by encouraging the planting of trees. Dan Hall, 1702 Karyl Street, testified in support of a voluntary approach to preserving trees. He said he is a builder and owns lots in the south hills and noted that he would expect some compensation if he was unable to develop his lots because of mandatory tree protection policies. He emphasized that builders are voluntarily planting trees. Sara leiman, 26240 Cherry Creek Road, said her family owns undeveloped prop- erty in the south hills and expressed support for the Planning Commission's recommendations. She suggested balancing the need to be flexible in develop- ing property with the need to protect the City's natural resources. Dave Hauser, 2904 Wolf Meadows Lane, representing the Chamber of Commerce, said the Chamber of Commerce feels that the preservation of trees is suffi- ciently provided under existing ordinances and has expressed concern regard- ing the cost of administering a mandatory approach in previous public hear- ings. He testified in support of a voluntary approach, saying that it would provide increased emphasis on the preservation of trees through education while incorporating fleXibility the developers need to take advantage of economic opportunities and serve consumers. Bob Schafer, 86092 lorane Highway, testified in support of a voluntary ap- proach to preserving trees. He expressed concern about potential added costs for developing housing. Allen DeGeneault, 2943 Wolf Meadows Lane, said he was opposed to a mandatory approach to preserving trees on private property. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 9 e e e Nancy Lochner, 1965 Charnel ton Street, testified in support of a voluntary approach for reasons which she said have already been stated. Tom Slocum, 1950 Graham Drive, testified in support of a voluntary approach in preserving trees and expressed concern about the cost of administering a mandatory tree protection program. Tom Wester, 3495 Honeywood Street, testified in support of a voluntary ap- proach to preserving trees. Jim Breeden, 366 East 40th Avenue, said suggestions made by him and the Homebuilders Association have been ignored and that such suggestions were made to reduce housing costs. He expressed concern about added difficulty and costs that discourage growth and development. He quoted Councilor Boles from a recent interview with The Register-Guard about possibly compensating property owners and asked how compensation could be of more importance than increasing City revenues and the city's tax base. Bruce Bergby, 3357 Videra Drive, Tree Commission member, asked about concerns regarding the costs, solar access requirements, and fire prevention relative to tree preservation. Robert Conrad, 3960 Dillard Road, suggested implementing a voluntary tree preservation program with existing resources. He said as an advocate for low- and moderate-income homeowners, he is opposed to any added costs to develop- ing affordable housing, unless they are for health or safety issues. He suggested using the resources to develop a revolving construction-loan fund to be used for developing affordable housing. John Carliss, 2998 Washington Street, introduced himself as a retiree of the Forest Service who specialized in land use planning. He felt policies were needed regarding fire prevention, solar access and tree height requirements, and the protection of trees within riparian zones. He also felt that the proposed ordinances should be prioritized and that heritage trees should be identified as a public resource. Randy Prince, PO Box 927, said he felt Eugene's urban forest has diminished in the last decade under existing regulations. He asked the council to keep in mind concerns regarding the maintenance of heritage trees on property that is not owner-occupied. He described tree preservation programs using volun- teer organizations that have been used in other cities. Gretchen Pierce, 31434 Fox Hollow Road, President of the Eugene Area Chamber of Commerce, said she supports the effort to preserve heritage trees, noting that she is a property owner of at least one, and possibly two, heritage trees. She said the definition of heritage tree in the UFMP was unclear. She suggested conducting an inventory of all heritage trees within city lim- its, followed by public hearings on the inventory and providing an appeal process for property owners. She said that the question of whether to have mandatory or voluntary compliance may then be moot. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 10 e e e Candace Syman-Degler, 1090 Brookside Drive, said she came home one day to find that the forest behind her house had disappeared. She said she assumed that as many trees as possible would have been preserved in the development of the property behind her house. She urged the council to adopt a mandatory approach to preserving trees. Mary Johnson, 1010 Brookside Drive, testified in support of a mandatory ap- proach to preserving trees. She said she lives in an area that is presently undergoing rapid residential development. Bob Tate, 3130 Willakenzie Road, testified in support of a voluntary approach to preserving trees. Bob Fauvre, 2979 Maranta Street, testified in support of a voluntary approach for preserving trees. Jeannie Loe, 2857 Greentree Way, said she was appalled after reading about the costs in administering a mandatory tree preservation program, which she said would not serve the needs of the community. She said she did not think trees in Eugene were endangered and urged the council to adopt a voluntary approach to preserving trees. Fred Lockhart, 39705 Little Fall Creek Road, Tree Commission member, said the UFMP is a comprehensive set of policies, of which the intent is to protect Eugene's urban forest. He said the UFMP seeks to establish the ground work for drafting new, workable, and effective tree ordinances. He said he felt confident that the citizen-involvement process would allow concerns to be expressed during the development of these ordinances. He said he shares concerns of the building community about adding bureaucratic red tape. He said it is important to take into account that the UFMP policies can be im- plemented over time and that costs of implementing new ordinances will re- place the cost of enforcing the current inefficient tree ordinance. Paul Gilbertson, 1312 Lincoln Street, testified in support of a voluntary approach to preserving trees. Chester Pietka, 1330 Lincoln Street, testified in support of a voluntary approach to preserving trees. He said he shared concerns already expressed about costs. He suggested providing an incentive for planting trees, such as reducing the cost of building permits. He also suggested encouraging the planting of trees that emit relatively less pollen. John VanLandingham, 335 North Grand Street, testified in opposition to a mandatory approach to preserving trees. He said the UFMP exempts single-fam- ily development, which he said comprises most residential development. He felt this singled out multi-family development and affordable housing. He said any added costs in housing development will increase the cost of afford- able housing development. He said the City has not succeeded in recovering the full cost of administering structural codes. He expressed concern about making it more difficult in meeting density goals. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 11 e e e Bud Allender, 33579 McKenzie View Drive, said a study conducted two years ago by Oregon State University (OSU) students indicates that the rate of increase of warm weather has quadrupled in the last few years and that fir trees were in danger of extinction in western Oregon. He said that possible future regulations on irrigation in Eugene will have an impact on fire danger. Oscar Michael, 3965 Spring Boulevard, said he built a IS-unit condominium project on a 1.8-acre site on Spyglass Road behind the old Cal Young farm. He said he was told that the site contained two maple trees which were plant- ed by the Cal Young family. He said the condominium project was designed so that those trees could be retained voluntarily. He said he is opposed to a mandatory approach to preserving trees on private property. There being no other requests to speak, the public hearing was closed. Councilors requested further information on the following issues to be pre- sented at the April 15 work session: 1) amount of time to conduct an inven- tory of heritage trees and, including in this analysis, possibly using volun- teers to participate in the inventory; 2) a summary of findings regarding the regulation of urban forests in other communities; 3) providing possible in- centives for preserving trees (i.e., reduction in systems development charg- es); 4) relationship with the Solar Access Ordinance; and 5) the concept of a tree bank. VI. PUBLIC HEARING: VARIOUS CODE AMENDMENTS City Manager Mike Gleason introduced the topic. Gary Chenkin, Planning and Development Department, presented the staff report and said that Planning Commissioner Jenny Sirnio was present to answer questions. Councilors agreed to withdraw sections 6, 7, 14, and 16, concerning sections 9.384, 9.386, 9.496, and 9.538 of the Eugene Code, 1971, from the proposed ordinance for discussion at a future work session. Mayor Miller opened the public hearing. William E. Bradshaw, 2288 Fairmount Boulevard, expressed support on behalf of eight families present in the audience for the proposed home occupation stan- dards and requested that the council adopt the amendments to Section 9.496 of the Eugene Code as proposed by staff. He described problems in his neighbor- hood that resulted from a non-complying business. Buford I. Roach, 2075 Villard Street, said he supported Mr. Bradshaw's com- ments and hoped that new home occupation standards will minimize noncompli- ance that has occurred in his neighborhood. Keith McGillivary, 2275 Fairmount Boulevard, expressed support for the pro- posed amendment to Section 9.496(n). There being no other requests to speak, the public hearing was closed. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 12 e e e CB 4369--An ordinance concerning land use regulations; amend- ing Sections 7.010, 7.610, 9.015, 9.154, 9.268, 9.384, 9.386, 9.439, 9.440, 9.450, 9.452, 9.470, 9.474, 9.496, 9.498, 9.538, 9.550, 9.584, 9.592, 9.598, 9.612, 9.614, 9.616, 9.618, 9.620, 9.672, 9.674, and 9.1008 of the Eugene Code, 1971; repealing Sections 9.622, 9.624, 9.626, and 9.628 of the Eugene Code, 1971; and declaring an effective date. Glenn Klein, City Attorney's Office, advised the council to move to amend the ordinance by deleting sections 6, 7, 14, and 16 from the ordinance. Mr. Boles moved, seconded by Mr. Green, that the bill, amend- ing Sections 7.010, 7.610, 9.015, 9.154, 9.268, 9.439, 9.440, 9.450, 9.452, 9.470, 9.474, 9.498, 9.550, 9.584, 9.592, 9.598, 9.612, 9.614, 9.616, 9.618, 9.620, 9.672, 9.674, and 9.1008 of the Eugene Code, 1971; and repealing Sections 9.622, 9.624, 9.626, and 9.628 of the Eugene Code, 1971; withdrawing from consideration from the ordinance Sections 6, 7, 14, and 16; and declaring an effective date, 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 passed unanimously, 8:0. Council Bill 4369 was read the second time be number only. Mr. Boles moved, seconded by Mr. Green, that the bill, as amended, be approved and given final passage. Roll call vote; all councilors present voting aye (8:0), the bill was declared passed and became Ordinance No. 19835. VII. PUBLIC HEARING: ORDINANCE CONCERNING A STREET VACATION (CITY OF EUGENE: PLEASANT HIGHWAY--SV 92-1) Mr. Robinette declared a conflict of interest and abstained from this item. City Manager Mike Gleason introduced the topic. Jerry Jacobson, Planning and Development Department, presented the staff report. Pleasant Highway is an unimproved right-of-way created by a subdivision plat of Southern Heights in 1913 and by a survey of Darrah Ranch in 1942. The right-of-way is located in an area of severe slopes such that a street cannot be constructed to City standards. Access for future development in the area is being addressed through the planned unit development (PUD) and subdivision process. Staff received a letter from one of the abutting property owners, Barry Davis, objecting to this request. Mr. Jacobson said Joe Ferguson, Public Works Engineering Division, was present to answer questions. Responding to questions from Mr. Nicholson, Mr. Jacobson said the City's Public Works Engineering Division initiated the street vacation request and MINUTES--Eugene City Council 7:30 April 13, 1992 Page 13 e - e that the need to vacate the street first surfaced in 1978. He added that the findings of the lane County Boundary Commission regarding the annexation of Mr. Davis's property state that future access of Mr. Davis's via Pleasant Highway was not planned nor recommended. He said that if the right-of-way is not vacated, then property owners would be required to dedicate significant portions of property in order to accomodate the major fills and cuts that would be needed to construct a street. Mayor Miller pointed out that the council had reached its mandatory adjourn- ment time of 10:30 p.m. Mr. Boles moved, seconded by Ms. Bascom, to continue the coun- cil meeting for one-half hour. Roll call; the motion carried unanimously, 7:0:1, with Councilor Robinette abstaining. Responding to a question from Mr. Boles about the timing of this request, Mr. Jacobson said that development pressure in the area is intense. As develop- ment proposals are reviewed, access to these proposals as well as access to abutting properties are planned. Access to Mr. Davis' property will come from a future phase of the Spring Knoll Planned Unit Development (PUD) and possibly through properties to the south. The future improvement of East 43rd Avenue from North Shasta loop to Spring Boulevard is integral to provid- ing access not only to Mr. Davis' property but also to other properties in the area. East 43rd Avenue is currently unimproved. Mr. MacDonald asked about the issues raised by Mr. Davis in his letter rela- tive to the Oregon Revised Statutes (ORS) concerning street vacations. In response, Mr. Jacobson said staff has not received any substantial evidence that the street vacation would affect the market value of Mr. Davis's proper- ty. He added that there are no outstanding taxes on a public right-of-way and explained that the issue regarding ORS 271.130 was moot because the plat was not the subject of this vacation. In response to follow-up questions from Mr. Boles, Mr. Jacobson reiterated that the street vacation will not affect the market value of Mr. Davis' prop- erty. He said the street vacation would allow more flexibility in developing the properties through which the Pleasant Highway right-of-way passes. Responding to a question from Mr. Nicholson, Glenn Klein, City Attorney's Office, said a reasonable interpretation of ORS 271.130 regarding n. . .sub- stantially affect the market value. . .n would mean a decrease in market value. Mayor Miller opened the public hearing. Tom Slocum, representing Arthur Bailey who owns property abutting the Pleas- ant Highway right-of-way, said Mr. Bailey would have initiated a street vaca- tion request had the City not done so. He said there was no way that the right-of-way would serve Mr. Davis' property by the construction of a road. He added that access to Mr. Davis' property was provided upon annexation via the property to the south. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 14 e e e Barry Davis, 1775 East 43rd Avenue, noted that he has received different responses from the Planning and Public Works Engineering divisions about who initiated this request. He said he purchased his property with the benefit of a platted road and felt that the City could construct a road with proper engineering. He said the right-of-way also has value in that it can provide utilities to his property. He said he found errors in a memorandum from Joe Ferguson and expressed concern about his memo being the basis for initiating this request. He said he would support vacation of the Pleasant Highway right-of-way if adequate access is provided to his property at the time of PUD or subdivision review. Fred Lajewski, 448 Shadow Wood Drive, said that access and utilities were currently provided to Mr. Davis's property. There being no other requests to speak, the public hearing was closed. Responding to a question from Ms. Ehrman, Mr. Klein said that as far as he is aware of, no court has indicated that a property owner has a special right simply because there is a platted right-of-way through his/her property. Responding to questions from Mr. Boles, Mr. Ferguson said that after discus- sions with Mr. Slocum, he sent a memo to the Planning Division requesting this street vacation, and that he understood that the abutting property own- ers west of the Pleasant Highway right-of-way would participate in the re- quest. Mr. Slocum clarified that he understood that the portion of the Pleasant Highway right-of-way that passes through Mr. Bailey's property had already been vacated. He said after inquiring with the Lane County Survey- or's Office to verify this, he contacted Planning Division staff, who then indicated that the City would initiate this request. Mr. Davis reiterated concerns about a lack of cooperation among the abutting property owners in this request. Mr. Gleason said the issue before the council was whether a public access need existed and whether a public right-of-way was going to be established and improved. He said if the council found that a public access need did not exist, it should then choose to vacate the right-of-way. Mr. Nicholson commented that confusion over who initiated this request was disingenuous. He asked about Mr. Davis' claim regarding the errors in Mr. Ferguson's memo. In response, Mr. Ferguson clarified that the right-of-way dedicated in 1913 is 40 feet wide and the one dedicated in 1942 is 30 feet wide and that they overlap each other. Responding to a question from Ms. Bascom, Mr. Jacobson said that if 50-percent of affected property owners object to a City-initiated vacation request, the request will not proceed; it takes two-thirds of affected prop- erty owners to object for a privately initiated request not to proceed. There is no application fee for City-initiated vacation requests. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 15 e - e Responding to a question from Mr. Boles, Mr. Lajewski said that the street vacation application fee is approximately $200. CB 4370--An ordinance vacating Pleasant Highway, located east of North Shasta Loop, north of East 43rd Avenue. Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously, 7:0:1, with Councilor Robinette abstaining. Council Bill 4370 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Ms. Bascom commented on the tension among the affected property owners, but felt that granting this request would be advantageous to future residential development. Councilors expressed concern about the process in which this request was initiated. Mr. Nicholson felt that concern about staff's work merited fur- ther analysis. Mr. Boles brought the council's attention to the principle that those who benefit from development are expected to share the financial cost. He said he would have supported this request had it not violated this principle. Mr. Gleason said there was no intent to misinform the council nor unreasonably benefit the affected property owners. Roll call vote; with a vote of 4:3:1, with councilors Rutan, Bascom, Ehrman, and Green voting aye; councilors Boles, MacDonald, and Nicholson voting nay; and Councilor Robinette abstaining, the bill was declared passed and became Ordinance No. 19836. Mr. Boles moved, seconded by Ms. Bascom, to continue one-half hour. Roll call vote; the motion passed 6:2, with councilors Green and Robinette voting nay. Ms. Ehrman left the meeting. VIII. PUBLIC HEARING: ORDINANCE CONCERNING A STREET VACATION (CITY OF EUGENE: GREEN ACRES ROAD--SV 92-2) City Manager Mike Gleason introduced the topic and said Jean Hahn, Planning and Development Department, was present to answer questions. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. r MINUTES--Eugene City Council 7:30 April 13, 1992 Page 16 e CB 4371--An ordinance vacating a portion of the right-of-way on the south side of Green Acres Road, west of Balboa Street. Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously, 7:0. Council Bill 4371 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Roll call vote, all council- ors present voting aye, the bill was declared passed and be- came Ordinance No. 19837. IX. PUBLIC HEARING: EXPANSION OF MULTIPLE-UNIT RENTAL PROPERTY TAX EXEMPTION BOUNDARY - City Manager Mike Gleason introduced the topic. Richie Weinman, Planning and Development Department, presented the staff report. A request from an owner of property located on the northeast corner of 14th Avenue and Patterson Street has resulted in a recommendation to expand the boundary of the Multi- ple-Unit Rental Housing Property Exemption district. An expansion to include that parcel as well as all medium- and high-density residentially zoned areas of the west university neighborhood was unanimously recommended by the Plan- ning Commission and supported by the Historic Review Board without a formal vote. Jenny Sirnio, Planning Commission member, said the Planning Commission sup- ported the inclusion of the medium- and high-density residentially zoned areas. ' Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4372--An ordinance expanding the boundaries for the Multi- Unit Property Tax Exemption Program; amending Section 2.945 of the Eugene Code, 1971; and declaring an emergency. Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously, 7:0. Council Bill 4372 was read the second time by number only. e MINUTES--Eugene City Council 7:30 Apri 1 13, 1992 Page 17 e - e Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Mr. Nicholson pointed out that exempting properties from property taxes is an indirect method to raise property taxes of other property owners without a public vote. Ms. Bascom noted that the exemption is for a period of ten years. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19838. Res. No. 4311--A resolution concerning the Multi-Unit Rental Property Tax Exemption Program and amending Attachment 1 to Exhibit A of Resolution No. 4109 by the City Council on February 13, 1989. Mr. Boles moved, seconded by Mr. Green, to adopt the resolu- tion. Roll call vote; the motion passed unanimously, 7:0. X. PUBLIC HEARING ON HISTORIC PRESERVATION ORDINANCE REVISIONS (CA 91-5) City Manager Mike Gleason introduced the topic and said Teresa Bishow, Plan- ning and Development Department, was present to answer questions. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4373--An ordinance concerning historic landmarks and his- toric property; amending Sections 2.406, 2.1990, 9.488, 9.489, 9.490, 9.491, 9.608, and 9.1190 of the Eugene Code, 1971; amending and renumbering Sections 2.402, 2.403, 2.407, 2.408, 2.409, 2.411, 2.412, 2.413, and 2.414 of that code. Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously, 7:0. Council Bill 4373 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Roll call vote; all council- ors present voting aye, the bill was declared passed and be- came Ordinance No. 19839. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 18 e XI. PUBLIC HEARING: ANNEXATION/REZONING REQUEST fOR PROPERTY lOCATED IN THE WIllAKENZIE AREA (DISMORE, AZ 91-17) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, summarized the code criteria for annexations and zone changes and asked that these criteria be entered into the record for the next item as well. Mayor Miller opended the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 4312--A resolution furthering annexation to the city of Eugene and the lane County Metropolitan Service District for property located between Honeywood Street and County farm/Locke Road, north of Bonnie View Drive, including portions of Oowning Street and Devon Avenue rights-of-way. final Order AZ 91-17--A final order rezoning the property from County AG/UL to City R-l/SR. The final order includes a provision for removing the Site Review Subdistrict upon City Council final approval of the Willakenzie Refinement Plan. e Mr. Boles moved, seconded by Mr. Green, to adopt the resolu- tion and final order. Roll call vote; the motion passed unan- imously, 7:0. XII. PUBLIC HEARING: ANNEXATION/REZONING REQUEST fOR PROPERTY lOCATED IN THE WILlAKENZIE AREA (FISHER, [T Al., Al 92-1) City Manager Mike Gleason introduced the topic and noted that code criteria pertaining to annexation and zone change has already been entered into the record. Mayor Miller opened the public hearing. There was one request to speak from Jim Saul, the applicant's representative. In recognition of the lateness of the hour, Mr. Saul passed. Res. No. 4313--A resolution furthering annexation to the city of Eugene and the lane County Metropolitan Service District for property located on the north side of Bonnie View Orive between County Farm/Locke Road and Sarah lane. Final Order AZ 92-01--A final order rezoning the property from County AG/Ul to City R-l/SR. The final order includes a provision for removing - MINUTES--Eugene City Council 7:30 April 13, 1992 Page 19 e the Sire Review Subdistrict upon City Council final approval of the Willakenzie Refinement Plan. Mr. Boles moved, seconded by Mr. Green, to adopt the resolu- tion and final order. Roll call vote; the motion passed unan- imously, 7:0. XIII. ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR RIGHT-OF~WAY ACQUISITIONS FOR RIVER ROAD SANITARY SEWERS IN BASINS G AND H City Manager Mike Gleason introduced the topic and said Les Lyle, Public Works Department, was present to answer questions. CB 4374--An ordinance authorizing the institution of proceed- ings in eminent domain for the acquisition by condem- nation of property interests in River Road Basins G and H for the purpose of constructing sewer improve- ments; and declaring an emergency. Mr. Boles moved, seconded by Mr. Green, 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 passed unanimously, 7:0. ~ Council Bill 4374 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Roll call vote; all council- ors present voting aye, the bill was declared passed and be- came Ordinance No. 19840. XIV. APPOINTMENTS: CONSIDERATION OF MAYOR MILLER'S NOMINATIONS TO THE COMMUNITY DEVELOPMENT COMMITTEE AND THE LANE REGIONAL AIR POLLUTION AUTHORITY Mr. Boles moved, seconded by Mr. Green, to appoint the Mayor's nominations to the Community Development Committee and the Lane Regional Air Pollution Authority. Roll call vote; the motion passed unanimously, 7:0. XV. APPOINTMENTS: NOTIFICATION OF MAYOR MILLER'S APPOINTMENT TO THE SISTER CITY COMMISSION Mayor Miller said that notification of his appointment to the Sister City Commission was included in the council packets. e MINUTES--Eugene City Council 7:30 April 13, 1992 Page 20 ~ The meeting adjourned at 11:10 p.m. Respe~tfUll submitted) ,_ ~~ d ~yf/ //~F' Micheal Gleason City Manager (Recorded by David Straub) mncc 041392-730 e - MINUTES--Eugene City Council 7:30 "- April 13, 1992 Page 21