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HomeMy WebLinkAbout05/26/1992 Meeting (2) . e e M I NUT E S Eugene City Council Council Chamber--City Hall May 26, 1992 7:30 p.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette. COUNCILOR ABSE~T: Roger Rutan. The adjourned meeting of May 20, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. PRESENTATION BY KAKEGAWA SISTER CITY COMMITTEE Henry Rust, Kakegawa Committee Chair, said the City has had a sister city relationship with Kakegawa, Japan, for the past IS years. He noted that approximately 2,SOO Japanese were visiting Portland this week as part of America-Japan Week. He introduced the Mayor of Kakegawa, Junichi Shinmura. Mayor Shinmura, with the assistance of his English interpreter, thanked the council on behalf of the citizens of Kakegawa for the opportunity to speak to the council. He said that this was his seventh visit to Eugene and his first opportunity to have the honor to speak before the council and city manager. He expressed positive comments about Kakegawa's IS-year sister city relation- ship with Eugene, noting that over 800 Kakegawans have visited Eugene during this time. He said that Kakegawa delegates had the opportunity to perform the lion dance in Portland as part of this year's America-Japan Week, in addition to performances in Junction City and Valley River Center. He said he grew up during a time when Japan and the United States were at war with one another and expressed gratitude for the United State's efforts to help rebuild Japan following the war. He noted that a friend in Japan was build- ing a wood-structured dome with lumber from Bohemia. In conclusion, he said he hoped that the sister city relationship will continue to flourish and that more cultural exchanges will continue to take place. Mayor Shinmura presented a scroll to Mayor Miller describing the ceremonial lion being given to Eugene as a gift from Kakegawa. On behalf of the citizens of Eugene, Mayor Miller thanked Mayor Shinmura, Kakegawa delegates, and other Kakegawans who have visited Eugene. He said the IS-year sister city relationship has profited both cities culturally. MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 1 - e e Ms. Ehrman noted that when she visited Kakegawa as part of Eugene's delega- tion while serving as council president, a city festival was being held. She said she wanted Mayor Shinmura to know that Eugene has a similar festival, the Eugene Celebration, and hoped that the lion would vie for its place with the Eugene Celebration Slug. Mr. Boles said he understood that the lion has a history dating back 400 years and hoped that the citizens of Kakegawa will be able to visit Eugene in 400 years. Gifts from a cosmetic company in Kakegawa and robes with Japanese writing printed on them were presented to Mayor Miller, councilors, and Mr. Gleason. The Kakegawa City Council President presented a gift on behalf of the Kakegawa City Council to Eugene City Council President Boles. II. CONSENT CALENDAR Mayor Miller asked Mr. Boles to preside over the rest of the meeting and left the meeting. A. Approval of City Council Minutes of March 4, 1992, Lunch Work Session; April 8, 1992, Joint Elected Officials Hearing; April 13, 1992, Dinner Work Session; and April 20, 1992, Dinner Work Session B. Issuance Authority for In-City Limited Tax Bond Anticipation Note Sale Res. No. 4319--A resolution of the City of Eugene, Lane Coun- ty, Oregon, authorizing the issuance and sale of limited tax general obligation bond antici- pation notes in an amount not to exceed $6,000,000 to provide interim financing for local improvement projects within the city. C. Issuance Authority for Bond Anticipation Notes for the 1992 River Road Sewer Improvement Project (Basins G and H) Res. No. 4320--A resolution of the City of Eugene, Lane Coun- ty, Oregon, authorizing the issuance and sale of River Road Bond Anticipation Notes in an amount not to exceed $3,950,000 to provide interim financing of the River Road Sewer Im- provement Project (Basins G and H) D. Resolution Authorizing Issuance and Sale of Special Assessment Improvement Bonds, 1992, Series D and E (River Road Sewer Project), in a Principal Amount of Not More Than $6,100,000 Res. No. 4321--A resolution of the City of Eugene, Lane Coun- MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 2 e e e ty, Oregon, authorizing the issuance and sale of Special Assessment Bonds, 1992 Series D and E, in a principal amount of not more than $6,100,000. E. Resolutions Concerning Airport Leases Res. No. 4322--A resolution authorizing execution of a lease with the Civil Air Patrol. Res. No. 4232--A resolution authorizing execution of a lease with the Oregon Air Museum. Mr. MacDonald asked that the minutes of March 4, 1992, lunch work session, be removed from the consent calendar. Mr. Nicholson asked that the resolution concerning the Oregon Air Museum be removed from the consent calendar. Councilors agreed to act on the resolu- tion following approval of the consent calendar. Mr. Green moved, seconded by Ms. Ehrman, to approve the re- maining items on the City Council consent calendar. Roll call vote; the motion passed unanimously, 7:0. Mr. Nicholson moved, seconded by Ms. Ehrman, to amend Resolu- tion No. 4323 to strike the renewal clause. Mr. Nicholson said he spoke to Mike Boggs, Public Works, Airport Division, about the resolution and expressed concern about potential lease opportuni- ties in the future being compromised. Responding to a question from Mr. Green, Bill Gary, City Attorney's Office, said he understood that the amendment was to delete the following clause from the resolution: "... with an option to renew for an additional ten years. .." He explained that the amendment would still allow renewal discussions to be held in ten years but without any legal obligation on be- half of the lessor or lessee. He said the term "option" generally means that the lessee has a right to renew a lease beyond the lease term. Ms. Bascom expressed appreciation for the efforts involved in developing the museum, saying that it was an interesting attraction for Eugene. Mr. MacDonald echoed Ms. Bascom and said he hoped the amendment would be inter- preted by the Oregon Air Museum as a challenge. Roll call vote; the motion to amend Resolution 4232 passed 6:1, with Councilor Green voting nay. Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion as amended. Roll call vote; the motion passed unanimous- ly, 7:0. MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 3 e III. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED IN THE SOUTH HILLS (AZ 92-3, KUNZ, ET AL.) 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 two following annexation/rezoning public hearings. This request was initiated by the property owner as a first step in developing the site for low-density residential use. Preliminary development plans are consistent with the Met- ropolitan Area General Plan. The South Hills Study requires that development in the area include a planned unit development (PUD) review process. Mr. Boles opened the public hearing. James Koons, 85400 South Willamette Street, said that none of the neighbors with whom he has spoken have expressed opposition to his plans for developing the property. There being no other requests to speak, the public hearing was closed. Res. No. 4324--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Service District for property located south and east of Blanton Road and west of Sundial Road. e Final Order AZ 92-03--A final order rezoning the property from County RA/UL to City R-1. Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion and final order. Ms. Bascom expressed appreciation for the developer's approach to be environ- mentally sensitive. Responding to a question from Ms. Ehrman about the vicinity map, Ms. Czerniak said the property is bordered on the west and south by the City-owned Ridgeline Trail property. She said that after reviewing plat maps and legal descriptions for this area dating back to 1897, it was unclear whether tax lots 600 and 700 would be islanded as a result of this request. Before an island annexation process could be used, the City would be required to prove that this area meets the statutory definition of an island through a field survey. If the City-owned Ridgeline Trail property were annexed, tax lots 600 and 700 would definitely be islanded. Currently, tax lot 600 is devel- oped with one house, and tax lot 700 is a pasture. The City has not aggres- sively pursued island annexations even in cases where there is no question that an area is an island. She noted that the PUD review process may identi- fy possible connections from the Kunz property to the Ridgeline Trail. Mr. MacDonald echoed the requests outlined in the letter from Walter Youngquist included in the agenda packet. He expressed appreciation for the e MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 4 e developer's environmentally sensitive approach and requested that the devel- oper consult with the City's fire prevention officer during the development review process. He encouraged treating the property's wetlands as an ameni- ty. Roll call vote; the motion passed unanimously, 7:0. IV. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED IN THE RIVER ROAD AREA (AZ 92-2, O'NEIL) e City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, said the code criteria regarding annexations and zone changes summarized earlier applied to this request. This property owner- initiated request includes two adjacent tax lots totalling just over one acre in size located in the River Road area. The property owners have requested annexation and rezoning as a first step in subdividing the lots into a total of four parcels and constructing three additional homes on the site. The proposed infill, low-density residential development is consistent with the Metropolitan Area General Plan. Mr. Boles opened the public hearing. Jaime Wearin, 40262 McKenzie, introduced himself as a representative from the surveying firm that is helping to develop the property and offered to answer questions. Marie Gray, 353 Knoop Lane, said she did not think it was necessary to in- clude public rights-of-way as part of this request. She asked about street lighting along portions of right-of-way that have been annexed and about the number of annexed parcels in the River Road area that were currently for sale. There being no other requests to speak, the public hearing was closed. Ms. Czerniak said this annexation request did not include road right-of-way. She said the City assumes responsibility for maintaining street lights within rights-of-way that are annexed and noted that the City has an agreement with Lane County to maintain River Road between the city limits and Beltline Road. She said if the council wished to include rights-of-way in this request, staff would recommend including the portion of right-of-way between Anderson Lane and River Road. She said property owners often wish to annex their property to make it more marketable and ready for development. Res. No. 4325--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Service District for property located on the north side of Horn Lane, west of Melvina Way. Final Order AZ 92-02--A final order rezoning the property from County RA/UL to City R-I. e MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 5 e Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion and final order. In response to a question from Mr. Green, Ms. Czerniak said that, upon annex- ation, property in the River Road/Santa Clara area is assigned to a City ward by the Lane County Elections Division. Property that is not annexed to the city is represented by the Lane County Board of Commissioners. Representa- tion for River Road/Santa Clara residents on City boards and commissions is provided on the Citizen Involvement Committee (CIC), Parks and Recreation Commission, Planning Commission, and Public Safety Advisory Committee (PSAC). Mr. Nicholson suggested postponing action on non-contiguous annexations until the council develops additional policies. Mr. Boles said this request was consistent with the adopted council policy that annexation must occur before development. Mr. Nicholson said it was not clear to him that the council was required to facilitate requests for development of properties outside city limits. He said he did not think this request was consistent with the adopt- ed council policy that encourages compact urban growth. Mr. Boles suggested reviewing adopted council policies regarding annexation at a future meeting. Roll call vote; the motion passed unanimously, 6:1, with Coun- cilor Nicholson voting nay. e V. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED IN THE RIVER ROAD AREA (AZ 92-4, EUGENE SCHOOL DISTRICT 4J) Mr. Green declared a conflict of interest and abstained from discussion/ action on this item. City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, said the code criteria regarding annexations and zone changes summarized earlier applied to this request also. This request sub- mitted by the Eugene School District 4J includes a 35-1/2-acre tax lot devel- oped with North Eugene High School, Swede Johnson Stadium, and Silver Lea Elementary School. The school district submitted this request primarily in order to receive City police protection for this site. North Eugene High School is not part of the current Safe Schools Program that provides police presence on high school campuses in the city. If this annexation request is approved, North Eugene High School would be included in any similar program in the future. Responding to a question from Mr. MacDonald, Ms. Czerniak said the property is tax exempt and does not pay taxes to Lane County or special districts and would not pay taxes to the City if annexed. Mr. Boles opened the public hearing. Tom Heintz, River Road Community Organization Chair, said all three of his children attended North Eugene High School when it had a closed campus poli- e MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 6 e e e cy. He felt that problems resulted from the school's principal and staff allowing an open campus policy. Marie Gray, 353 Knoop Lane, pointed out that if the request was approved, the school district would pay more for water serVlce. She also pointed out that the Santa Clara Rural Fire District was closer to North Eugene High School than the nearest Eugene fire station. She noted the quick response from the Oregon State Police to a recent incident at Kelly Middle School. She noted that it was not definite whether the Safe Schools Program would be continued next school year. In conclusion, she asked each councilor to find out how much revenue the City received from citations issued by Eugene police officers in the Interstate 5 corridor. John Neeley, 1600 Horn Lane, summarized his concerns outlined in a letter he submitted to the council. There being no other requests to speak, the public hearing was closed. Ms. Czerniak noted a typographical error on the agenda; "Final Order AZ 92-2" under Item V was changed to "Final Order AZ 92-4." In response to testimony, Ms. Czerniak said that the Eugene Department of Public Safety (DPS) would be able to provide a quicker response time than the volunteer-staffed Santa Clara Rural Fire District. She said City police are frequently in the area responding to calls generated by the adjacent residen- tial development, the River Road/Silver Lane commercial area, and the high traffic volumes on River Road and Beltline Road. She said the school dis- trict's water bill may increase upon annexation. She added that the princi- pal of North Eugene High School was present to answer questions. Responding to a question from Ms. Ehrman, Ms. Czerniak said the Eugene School District 4J Board approved this annexation request and forwarded it to the City. Mr. MacDonald noted that the council's concern regarding open campuses has been forwarded to North Eugene High School and the school board. He added that future reductions in State police patrols were likely to occur due to the impact of Ballot Measure 5. Res. No. 4326--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Service District for property located on the north side of Horn Lane, west of Melvina Way. Final Order AZ 92-04--A final order rezoning the property from County RA/UL to City R-1. Ms. Ehrman moved, seconded by Ms. Bascom, to adopt the resolu- tion and final order. Roll call vote; the motion passed unani- mously, 6:0:1, with Councilor Green abstaining. MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 7 4It VI. PUBLIC HEARING: HOUSING PROPERTY TAX EXEMPTION PROGRAMS City Manager Mike Gleason introduced the topic and said Larry Lawrence, Plan- ning and Development Department, was present to answer questions. Mr. Boles opened the public hearing. There being no requests to speak, the public hearing was closed. Ms. Bascom said she circulated a draft of the ordinance to some potential developers and that concern was raised regarding the wording of Section 4(h) on page 3 of the bill. She offered the following wording to amend that sec- tion: "Evidence that the nonprofit corporation expends no more than ten percent of its annual income from residential rentals for purposes other than acquisition, maintenance, or repair of residential property for low-income persons; and..." Mr. Lawrence said there was a typographical omission from Section 4(h) and distributed copies of page 3 with the originally intended wording for that section, which was exactly the same as Ms. Bascom's proposed amendment. Bill Gary, City Attorney's Office, said it was clear that there was a typographi- cal omission on the bill and advised the council to consider the wording that was originally intended to be included in the bill without an amendment. Mr. Boles urged the Housing Policy Board to develop an interested parties list and widely advertise for membership on the list. Ms. Bascom said she e would forward this suggestion at the next board meeting. CB 4387--An ordinance concerning nonprofit low-income housing tax exemptions, low-income rental housing property tax exemptions, and multiple-unit rental housing property tax exemptions; amending Sections 2.912, 2.916, 2.920, 2.938, 2.939, 2.940, 2.945, and 2.947 of the Eugene Code, 1971; and declaring an emergency. Mr. Green 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 passed unanimously, 7:0. Council Bill 4387 was read the second time by number only. Mr. Green 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 No. 19854. Ms. Bascom said an issue regarding the administrative process of property tax e MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 8 e e e exemption requests has been raised by the board. Mr. Boles suggested that the board develop recommendations for the process and forward them to each jurisdiction's elected bodies for approval. Res. No. 4327--A resolution adopting amended standards and guidelines for processing applications for new low-income rental housing local property tax exemption and repealing Resolution 4168. Res. No. 4328--A resolution adopting amended standards and guidelines for processing applications for multiple-unit rental housing local property tax exemption; and repealing Resolutions 4109 and 4311. Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tions. Roll call vote; the motion passed unanimously, 7:0. VII. FY93 METROPOLITAN WASTEWATER MANAGEMENT COMMISSION BUDGET RATIFICATION City Manager Mike Gleason introduced the topic and said Harry Dennis, Public Works Wastewater Division, was present to answer questions. In response to a question from Mr. Boles, Mr. Gleason said the governing bodies making up the Metropolitan Wastewater Management Commission (MWMC) are required to ratify the proposed MWMC budget. He said the commission will likely be disbanded later this year and noted that the council submitted its one-year notice of resignation from the commission last year. Ms. Ehrman suggested forwarding this item to the Metropolitan Policy Commis- sion (MPC). Mr. Boles asked Mr. Gleason to place this on the agenda for the next MPC meeting. Mr. Green moved, seconded by Ms. Ehrman, to approve the FY93 Metropolitan Wastewater Management Commission Budget. Roll call vote; the motion passed unanimously, 7:0. VIII. APPROVAL OF MINUTES, FINDINGS, AND RECOMMENDATIONS OF HEARINGS OFFI- CIAL AND ADOPTION OF RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR SANITARY SEWERS IN THE RIVER ROAD AREA FOR BASINS G-EAST, G-WEST, AND H, AND EXISTING SEWERS IN RIVER ROAD FROM ARBOR TO BELTLINE City Manager Mike Gleason introduced the topic. Les Lyle, Public Works Engi- neering Division, presented the staff report. He said that if this local improvement district authorization is approved, the end of this year will mark the construction of approximately 30 miles of sewers over the last three years. On May 4, staff conducted an information session for affected proper- ty owners, and approximately 300 people attended. On May 6, a public hearing was conducted by the Hearings Official. Bids submitted this year were compa- MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 9 . e e rable to those received in 1991 and, in some cases, the unit prices were even lower. A comparison study of sewer costs in Albany and Portland was included in the agenda packet. Eugene's sewer costs are generally 50 percent less. Initial work has already begun for future sewer construction in the Santa Clara and Lynbrook areas. Responding to a question from Mr. Green, Mr. Lyle said the City will easily meet its target of 30 percent of service connection points available to households by the end of this calendar year. Res. No. 4329--A resolution forming a local improvement dis- trict for sanitary sewers in the River Road Area for Basins G-East, G-West, and H, and existing sewers in River Road from Arbor to Beltline. Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the motion passed unanimously, 7:0. Mr. Gleason said the fact that Eugene's sewer costs were half that of two other cities in the state, both of which are constructing sewers in the same market and at the same time, was commendable of the City's engineering staff. Mr. Green moved, seconded by Ms. Ehrman, to approve the Hear- ings Official's minutes, findings, and recommendations for sanitary sewers in the River Road Area for Basins G-East, G-West, and H, and existing sewers in River Road from Arbor to Beltline. Roll call vote; the motion passed unanimously, 7:0. IX. APPOINTMENTS: CONSIDERATION OF MAYOR MILLER'S NOMINATION TO THE HUMAN RIGHTS COMMISSION Mr. Green moved, seconded by Ms. Ehrman, to appoint the May- or's nomination to the Human Rights Commission. Roll call vote; the motion passed unanimously, 7:0. X. OTHER Councilors discussed the May 27 work session agenda item regarding the pro- posed sites for the new Lane Transit District (LTD) transit station. Ms. Ehrman said she may not be in attendance during discussion of the item and urged the council to not oppose LTD's proposal regarding the MacDonald Thea- ter site. Referring to page 3 of the minutes of March 4, 1992, Mr. MacDonald asked that the word "He" beginning the last sentence in the fifth paragraph be changed to "Staff." The minutes of March 4, 1992, were approved as amended by unani- mous consent, 7:0. MINUTES--Eugene City Council 7:30 p.m. May 26, 1992 Page 10 . e e In response to a question from Mr. Boles, Pam Berrian, City Manager's Office, said Councilor Roger Rutan called her earlier today and asked her to inform the mayor that he was unable to attend tonight's work session and public hearing. The meeting adjourned at 9:17 p.m. (Recorded by David Straub) mncc 052692-730 MINUTES--Eugene City Council 7:30 p.m. ~. ~ May 26, 1992 Page 11