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HomeMy WebLinkAbout04/27/1992 Meeting e e e M I NUT E S Eugene City Council McNutt Room--Eugene City Hall April 27, 1992 5:30 p.m. COUNCILORS PRESENT: Bobby Green, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. COUNCILORS ABSENT: Shawn Boles. The adjourned meeting of April 23, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. A. Work Session: Storm Water Management Program Les Lyle, Public Works, described the department's efforts to develop a Comprehensive Storm-Water Management Plan. He noted that the Natural Resources Study was in the adoption phase. He said the Natural Resources Study had several elements directly related to storm-water. Mr. Lyle said that the West Eugene Wetlands Plan, also in the adoption phase, also is related to storm-water quality and management although the key focus is preservation of existing wetlands resources. He said the City was working with the Bureau of Land Management (BLM) in a cooperative agreement for the ongoing management of the wetlands in west Eugene. Mr. Lyle said he has met with the BLM and the Oregon Department of Transportation (ODOT) confirming common needs for acquisition of properties for wetlands and road-related projects. He said the City is also working with the Federal Emergency Management Agency (FEMA) regarding flood control and floodplain management, as well as other State and Federal agencies. Mr. Lyle noted that Mr. MacDonald is actively involved in activities having to do with reestablishing natural features in the upper Amazon Channel. He said the City plans to look at the entire channel and examine parts that could be converted back to a natural setting. He noted the Upper Amazon group is now producing a newsletter on restoration projects of this nature. Mr. Lyle said that the community is facing Environmental Protection Agency (EPA) mandates with regard to storm-water quality applicable to communities with populations of 100,000 or more. He said this was the largest of tasks currently facing the department on storm-water issues. As part of the Wetlands Plan, Mr. Lyle said the City will consider a wetlands bank. He noted ODOT, Lane County, and affected property owners are also interested in the concept. EPA storm-water quality regulations require that MINUTES--Eugene City Council 5:30 p.m. April 27, 1992 Page 1 - e e industries that meet a certain type of industry designation are expected to secure a separate discharge permit from the Department of Environmental Quality (DEQ), as well as a wetland permit if a development proposal creates wetland impacts. The discharge permit allows for the discharge of storm-water in the City's system. The State of Oregon has also recent groundwater protection legislation that influences the City's plan for managing storm-water. Mr. Lyle summarized his presentation saying that the plan addresses Federal regulation, local policy and local issues; and calls for a combined program that deals with water quality, flood protection, public education, operation and maintenance, and natural resource protection under an umbrella program that will be financed in part by the community. Reviewing the time line, Mr. Lyle said the department is just completing the first part of the process of meeting Part I of the new federal storm-water regulations, assimilating information about the City's current system. Part 2 of the process entails gathering samples of the storm-water during storm events to help analyze quality in detail. Mr. Lyle said the permit application for Part 2 is required to be submitted to the DEQ by May 1993. Responding to a comment from Mr. MacDonald, Mr. Lyle said the City is considering an increase in the storm-water user fee, which is now included as a composite rate for both sanitary and storm systems. The plan is to have a separate storm-water user fee reflected on Eugene Water & Electric Board's monthly billing. Mr. Lyle said the City currently uses water meter size as the basis for fees, but the plan will consider changing to impervious surface area as the basis. Mr. Lyle said that the Citizen Involvement Committee has approved the plan's public participation program. The program's first public information forum is scheduled for May 27. Other elements of the program include a newsletter; community outreach to specific groups, upon invitation by the group; as well as an ongoing education program. He said that the formal adoption process will require amendments to the MetroPlan and adoption by both the Planning Commission and the City Council. Mr. Lyle said costs for implementation of the plan include $300,000 for Part 1 and $600,000 for Part 2 of the EPA storm-water quality program. The City is actively pursuing Federal funding for the overall project. Responding to a question from Mayor Miller, Mr. Lyle said it was hard to predict what the City's cost would be. City Manager Mike Gleason agreed, saying standards were unknown at this time. Responding to a question from Ms. Bascom, Public Works Director Chris Andersen said regulatory agencies as well as the threat of lawsuits are motivating a timely response to the new regulations. Mr. MacDonald pointed out that passive methods such as the ecosystem approach are preferable because they can keep costs to a minimum. MINUTES--Eugene City Council 5:30 p.m. April 27, 1992 Page 2 ~ Mr. Nicholson left the meeting. Saying the largest impervious areas are road surfaces, Mayor Miller wondered if it were possible to use the gas tax to fund part of the project. Mr. Nicholson returned to the meeting. Mr. Lyle said that the curb and gutter system and catch basin are in part financed by the road fund. Ms. Andersen noted that the tax can be used to build the system, but it makes more sense to use built-in utility fees to maintain the system. Mr. Gleason added that it could well be that the road system is already bearing a higher proportion of the storm-water runoff cost that is appropriate under its distribution. B. Remainder of Various Code Amendments (CA 91-3) CB 4375--An ordinance concerning home occupations and other land use regulations; amending Sections 9.384, 9.386, 9,496, and 9.538 of the Eugene Code, 1971; and declaring an effective date. Gary Chenkin, Planning and Development, said the purpose of this item is to consider the amendments to the Eugene Code that the council deferred at its meeting of April 13, 1992. Mr. Chenkin said the amendment that received the most attention is the one on home occupation standards. He said there are two standards, one already in the Code and one added by staff, that the Planning Commission (PC) removed in its recommendation. The standards have to do with parking for home occupations. Several members of the PC subsequently said that had they fully understood these, they would not have struck them. e Mr. Chenkin said staff is also recommending inclusion of Mr. Nicholson's suggested wording for the definition of home occupation and clarification of the term "home occupation business vehicle." In summation, Mr. Chenkin said staff suggests the council amend the ordinance in the packet to reinstate the two conditions that the PC struck and to include the two additions suggested by Mr. Nicholson. Mr. MacDonald noticed that the code change would require the person operating the home occupation to register that occupation annually and pay a fee, as established by the city manager. Noting that the State does not require registration of businesses unless an assumed name is used, he questioned the City's need to impose such a requirement. Saying there would be wholesale disregard for the requirement and that it was a money-losing proposition, Mr. Nicholson agreed with Mr. MacDonald. Mr. Rutan supported the requirement, saying it deals with home occupations that change. e MINUTES--Eugene City Council 5:30 p.m. April 27, 1992 Page 3 e e e Responding to a question from Mr. Robinette, Mr. Chenkin said staff recommends the registration requirement as a means of getting a list of the home occupations in existence and regularly informing them of what the standards for such an activity are. He said the number of complaints might be reduced if people were better informed. He said the cost associated with this requirement would be nominal. Mr. Rutan called for a straw vote on deletion of standard (n) of the proposed home occupation ordinance amendment regarding registration; the reinstatement of the two parking standards; and the inclusion of the two definitions suggested by Mr. Nicholson. The majority of the council voted in favor of all three changes. Mr. Green moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council as amended to delete Section 9.496(n) regarding none occupation registration; reinstate both home occupation parking standards; and include a definition of "home occupation" and clarification of the term "home occupation vehicle"; amending Sections 9.015, 9.384, 9.386, 9.496, and 9.538 of the Eugene Code, 1971; and declaring an effective date, 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, 5:0. Mr. Green moved, seconded by Mr. Rutan, that the bill be approved and given final passage. Roll call vote. The motioned passed unanimously and became Ordinance 19842. Mr. Nicholson expressed concern with the phrase "or other incompatible activities not in keeping with adjacent residential uses" in Section 9.496(e) in connection with home occupation standards. John Weber, Permit and Information Center, noted that this is a common phrase found in the conditional use permit review criteria, and it has rarely, if ever, been challenged. Ms. Ehrman arrived at the meeting. C. Committee Reports 1. Housing Policy Board Ms. Bascom said there was interest within the Housing Policy Board to form a public/private body to deal with community housing issues, and there was support from the community. She felt the creation of another public body was redundant. Ms. Bascom said the Housing Policy Board meets every two weeks and the developing body meets on the alternate weeks. Under discussion are such topics as the development of Walnut Grove. MINUTES--Eugene City Council 5:30 p.m. April 27, 1992 Page 4 . 2. Eugene-Springfield Convention and Visitors Bureau Mr. Green said John O'Connor facilitated the Eugene-Springfield Convention and Visitors Bureau retreat last week and that that board is recommending an increase in the room tax as part of the Eugene Decisions process. Mr. Green is to meet with Linda Weston on April 28 and will hear more detail on the recommendation. Responding to a question from Ms. Ehrman, Mr. Green said there is no word on the bureau moving to the Fairgrounds. 3. Compensation and Benefits Handout Mr. Gleason distributed a summary sheet on compensation and benefits, saying it was the briefing statement for the council's April 29 meeting. The council postponed discussion of boards and commissions. The council meeting adjourned at 7:05 p.m. ::s:::~~ ~ City Manager (Recorded by Yolanda Paule) MNCC 042792 e MINUTES--Eugene City Council 5:30 p.m. Apri 1 27, 1992 Page 5