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HomeMy WebLinkAbout04/23/1980 Meeting e e - M I NUT E S EUGENE CITY COUNCIL April 23, 1980 Adjourned meeting from April 16, 1980, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 11:30 a.m., in the Council Chamber, with the following councilors present: Betty Smith, Scott lieuallen, Jack Delay, D. W. Hamel, Eric Haws, Gretchen Miller, and Emily Schue. Councilor Brian Obie was absent. I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Residency Requirements in Code--Mr. Delay referred to the memo from the City Attorney's office. He thought it stated in the code that an official had to live in the ward he/she represented. The memo- randum seemed to say this was essentially correct, but it could be clarified. Mr. Long said a simple, short amendment to the code is possible. The only area of ambiguity is where people have two area residences. It should be made clear that the City intends people to maintain their principal residence in the city. Mayor asked Mr. Delay if it was his intent, on the residency issue, that people live in the area for an extended period of time. Mr. Delay replied no; there had been questions, however, raised about whether or not the code means that one must actually live in the ward that he/she represents. Mr. Long explained that that was what was intended, but there were technical deficiencies in the past. The code does say that a person must live in the ward he/she represents, but there are some ambiguities that could be cleared up by a minor amendment. Mr. Delay moved, seconded by Mr. Lieuallen, that an amendment to clarify residency requirements in the code be brought back to City Council for consideration. Motion carried unanimously. B. Questions Concerning U of 0 Fire--Mr. Delay requested the Fire Depart- ment examine some issues as a result of the U of 0 fraternity fire. He thought there was a correlation between the inebriated driver who was thereby incurring criminal liability and someone who starts a fire irresponsibly which results in a death. His question was a general one concerning liability when people irresponsibly set fires. He requested the Fire Department address these issues with the City Council. 4/23/80--1 ! C. Ap ointment of Lori Loehr to the Communit School Coordinatin Committee Ms. Smith moved, seconded by Mr. Lieuallen, to reappoint Lori Loehr to the Community School Coordinating Committee for a term ending January 1, 1983. Motion carried unanimously. D. Appointment of Glen Starlin to the Metropolitan Cable TV/Translator Commission Ms. Smith moved, seconded by Mr. Lieuallen, to reappoint Glen Starlin to the Metropolitan Cable TV/Translator Commission for a term ending January 1, 1983. Motion carried unanimously. E. Appointment of Kim Davidson to the Commission on the Rights of Youth Ms. Smith moved, seconded by Mr. lieuallen, to appoint Kim Davidson to the Commission on the Rights of Youth to complete the unexpired term of John Stewart. Motion carried unanimously. F. Agenda Adjustment: Item IX.A and B. Appeals to land Use Board of AP~eals--ThiS item was moved from late in the agenda to first con- si eration because of a May 2 and May 9, 1980, deadline. G. Agenda Adjustment: Items VII and VIII Were Reversed H. Announcements 1. The City Council will meet at 11:30 a.m., April 30, 1980, and ,~ adjourn at 12:30 p.m., for a Joint Planning Commission meeting on the Metro Plan Update in the McNutt Room. 2. Eugene Real Estate Research, April 30, 19BO--Council agreed that Mr. Haws would represent the council at the meeting and report back. 1. proyress in Putting Agreement with Seed Industry Into Effect--Mr. Lonq exp alned certain rule changes and plan acceptance between Eugene and the seed industry, needed to be accepted at the Federal level prior to the upcoming burning season. With the cooperation of the seed industry, the information and technical justification for the rule changes had been provided to the State Air Quality Commission. Mr. Long said they have secured the necessary rul e ch anges from the commi ss ion and understand that the Federal government will approve it as well. II. APPEALS TO lAND USE BOARD OF APPEALS A. Industrial Triangle {memo distributed)--Mr. Chenkin referred to the memorandum ln explalning the locatlon and history of the 1,800 acres. The area is largely Class 1 and 2 soils and is in farm use; 75 percent enjoys farm deferral status. It has been zoned M-l and M-2 since e 4/23/80--2 e 1966. The zone is contrary to the plan designation of the Willamette- long Tom Plan. In June 1979, the County Planning Commission looked at special light industrial zoning at the board's request. The City was concerned and communicated with the County. August 15, 1979, the City Council approved a report to the Lane County Board of Commissioners expressing their concern. On April 2, 1980, the board approved changing the designation in the area to special industrial designa- tion. That designation becomes effective upon the adoption of zoning to implement the intent of that approval. Mr. Chenkin reviewed the concerns and objections. He said staff does not think that there is a need for such industrial zoning in that subarea. If there is a need for this kind of industrial development in the metropolitan area, it should be met inside the urban growth boundary. The City has recently designated several light industrial sites. All industrial sites have been over allocated. Staff feels the context of this should be resolved in the update of the Metropolitan Plan process. That concern has been expressed to the board. The 1,800 acres is outside any urban growth boundary. That could be a violation of Goal 14 of the LCDC Rules. It prescribes criteria for drawing urban growth boundaries and designations that should have urban use within the boundaries. Staff feels there is a violation of LCDC Goal 11. Key urban services are not available to the 1,800 acres (also, contrary to the 1990 Plan). It is against the Metropolitan Plan Update. It is a violation of Goals 2 and 3, agricultural goals. If council approves, staff will carry these concerns to the Land Use Board of Appeals. Mr. Chenkin referred to the letter from Harold Rutherford asking the City to proceed slowly as well as the Mayor's reply expressing some of the City's concerns, economic development strategies, and their offer to work with the Lane County Board of Commissioners on the update process. Ms. Smith moved, seconded by Mr. lieuallen, to appeal lane County's decision regarding the Industrial Triangle to the Land Use Board of Appeals. Motion carried unanimously. B. Drake land Partition Approval (memo distributed)--Mr. Chenkin reviewed the memorandum. This parcel is the last partition of four. It is five acres. The concerns are that the partition is for a small-scale sheep operation that could be carried on by a rental agreement or a lease rather than irrevocable partition. It will encourage non-rural development. It is an AV zone. It can be used for non-agricultural if airport-related. There is no minimum level of urban services (Goals 11 and 14). There is no conceptual plan for these partitions. In light of the Metropolian Plan Update and the planning near the Airport, the long-term effects on the Airport would be deleterious. He recommended an appeal. Ms. Smith moved, seconded by Mr. Liueallen, to appeal Lane County's decision regarding the Drake land partition approval to the land Use Board of Appeals. Motion carried unanimously. e e 4/23/80--3 III. ARBOR DAY ACTIVITIES A. Announcement of Arbor Day Planting--April 25, 1980--Mr. Drapela announced Eugene had received a Tree City USA award by the National Arbor Day Foundation, a Nebraska-based organization dedicated to the encouragement of tree care and tree planting across the nation. Eugene met the four criteria for this award by having a legally- constituted tree body (Parks and Recreation), having ordinances providing for tree care, having a tree program that is supported by a minimum of $1 per capita, and having the City celebrate Arbor Day by commemorative tree planting each year. A red oak will be planted in Skinner Butte Park on April 25, 1980. Another tree will be planted near Celeste Campbell Community Center donated by the Eugene Cycling Club. Eugene was recommended by the State Forestry Department. Mr. Drapela introduced Mike Miller and Darrell Spi es sch aert. B. Presentation of Tree City USA Plaque by Mr. Mike Miller, State Forestry Department--Mr. Miller presented the Mayor with a Tree City USA plaque. Mayor commended the City for its efforts and the efforts of the Parks Department. IV. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Approve Council Minutes of April 9, 1980 Ms. Smith moved, seconded by Mr. lieuallen, to approve council minutes of April 9, 1980. Motion carried unanimously. V. PUBLIC HEARING A. Street Vacation for Lane County (SV 79-7) (map distributed)--Manager explalned thlS property was a stub-end of Olive Street right-of-way extended into the old jail property. To clear the title, it is necessary to have the hearing. Mr. French, Planning Department, explained the need by Lane County to have a clear title to the land on which the correction facility is located. He explained that this was part of the jail exchange. Manager indicated that the County is paying $74,000 for the property which is based on the current market value. This transaction will conclude the transfer of the jail to the County. Public hearing was held with no testimony presented. CB 2108--Authorizing street vacation located on the north side of West 5th Avenue between Willamette Street and Charnelton Street 4/23/80--4 e .e e tit e e Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. The motion carried unanimously and the bill was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. lieuallen, that the bill be approved and given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 18612. Res. No. 3345--A resolution authorizing the City Manager to execute a deed to Lane County upon council approval to vacate a portion of West 5th Avenue Ms. Smith moved, seconded by Mr. lieuallen, to adopt the resolution. Roll call vote. Motion carried unanimously. VI. CONDOMINIUM CONVERSION REGULATION--RECOMMENDATIONS OF TASK FORCE Mr. Croteau, Planning, summarized some of the testimony presented at the last City Council meeting. He said staff feels life tenancy is a signifi- cant shift in the rights of tenants/landlords. It would only pertain to this type of housing. The regulations now agreed upon by the task force would ease the inconvenience and trauma of moving: 180-day notice; financial moving assistance for handicapped and elderly; housing facili- tator; an offer of "comparable" housing; and an appeal process to the City. life tenancy does duplicate some of these provisions. Staff does not support a life tenancy provisions. life tenancy provisions in other cities are new and there is no observable workable provision. It would be affected by the State eviction statutes. It could be challenged in costly litigation. It would require rent control and ongoing administration. Mr. Delay asked if the City could make "comparable" housing work or could that provision be abused. Mr. long replied with a qualified yes. From the Willamette Tower experience, he felt they had learned a lot about "comparable" housing and they could develop an ordinance/administrative rules that could accomplish the goals of the council. There may not be comparable housing on the market, however. Mr. Delay asked if life tenancy regulations would necessarily involve administration by the City. Mr. Long replied that if a person challenged the ordinance, the City would be involved. They could structure the ordinance so that it would be a matter of private enforcement between the tenant and landlord. As far as rent controls are concerned, they could get very complex very quickly. The Portland price index could go up very fast and other ways of determining a fair rent could be very complicated. Mr. Delay asked staff if life tenancy was not an alternative approach to the regulations the task force has already developed. Mr. Corteau agreed 4/23/80--5 that both approaches try to get at the same problem of displacement. ~ IL ife tenancy does dupl icate many of the provi sions already developed to _ 'mitigate di spl acement. IMr. Delay asked whether there would be the same liability in the courts and legislature if life tenancy were offered to a very small class of 'people, as compared to a broader group. Mr. Long replied that even if something is legally sound, the City could still be sued. The stricter the measures, the greater the probability of litigation. Ms. Schue wondered about granting life tenancy to a narrowly defined group for a one-time situation. Mr. Croteau said staff would have the same concerns. Everything done by the task force includes measures to mitiqate the trauma and life tenancy is not needed. Mr. Long replied the question is the same whether applied to a broad or narrow group. Either the City has the authority to impose rules or it does not. The probabilities of a fight could be lessened by limiting life tenancy to present displaced tenants. Ms. Schue asked if rent control would be needed with a more limited life tenancy provision. Mr. Croteau said it would have to be a part of life tenancy so the tenants are not priced out of their unit. Every life tenancy provision that they saw had rent control provisions. Mr. Lieuallen challenged the argument that rent control was needed. He was not willinq to say rent control and life tenancy were inseparable. Mr. Croteau reviewed the ordinances in California that provided life tenancy. After two or three years, the cities in California had gone back and rewritten ~ their ordinances. They instituted life tenancy. However, these ordinances . are so recent there are no observations on their workability. Mr. Long replied that rents are presently set by the marketplace. There is evidence in State Legislature studies that landlords do retaliate. In this case, there is direct economic gain to the landlord if he/she were to use such practices. A good life tenancy will need rent control. Mr. Lieuallen said it is not clear cut that a converter would want to remove any persons with life tenancy. Mr. lieuallen asked why life tenancy would require high administrative costs. Mr. Croteau felt this would be the only way to do a good job in looking after those people. Mr. Lieuallen felt the people living under life tenancy would be cognizant of their rights and would not need to have it monitored. Mr. Lieuallen said he favored life tenancy and did not want administrative costs used as a roadblock. Mr. lieuallen asked Robin Johnson, HCC, about the situation at Willamette 'Tower. He noted that there were five people who had difficulty in finding housing. Ms. Johnson replied that the housing facilitator had responsi- bility for 12 people. There were six originally who could not find comparable housing. By April 1 there were two, and they have the right to stay until July while the housing facilitator works with them. One was a case with a wheelchair. It seemed to be a workable process. e 4/23/80--6 e Mr. Delay felt the condominium conversion was a ripoff by people outside. the city and even the state. Therefore, rent control would be needed with life tenancy. He asked why life tenancy was put in the California ordi- nances after two or three years. Mr. Croteau surmised that the cities were trying to do many things in order to control and protect the people. Mr. Delay questioned whether a limited life tenancy might not be a simple alternative to the package of provisions. Ms. Miller replied that it could be less protection; later, the problem would crop up and there would not be provisions. She said condominium conversion does not add value to the community. They are not new housing units. The problem of displacement of the elderly and handicapped where they are required to move in 30 days continues to be a problem. Finding comparable housinq units for people solves the problem. If there were no comparable units, the tenants, in a sense, would have life tenancy until the units were found. It is appro- priate that the developer pay. In summary, she said, the private qreed of people who add nothing to the community and add unfortunate effects can be mitigated but not prevented. Ms. Smith agreed with Ms. Miller in that she felt the reoulations were good. The requirement of comparable housing was effective. She could not support life tenancy because of administrative, leqal, and erosive home rule costs to the City. e Ms. Smith moved, seconded by Mr. Lieuallen, to approve all the items on which the task force was in aoreement: 1) rental market protect ion ceil ing on units allowed to convert in a year; 2) man- datory housing code inspection and compliance prior to sale; 3) engineering certificate; 4) developer warranty on common elements in the condominium; 5) full disclosure upon resale to other persons that buy units; 6) information brochures provided by City on condominium ownership; 7) l80-day notice with no eviction without cause; 8) rental limitation tied to Portland CPI; 9) low-income, elderly, and handicapped to be offered assistance of housi ng fac il itator and to be offered "comparab le" hous inq--at least two comparable units. Mr. Delay said he would support the motion. Staff had worked very hard to develop a comprehensive package. He was glad to see council strongly sup- porting comparable housing. He would not base his judqments on a possible home rule battle. Ms. Smith and Mr. Delay agreed that the motion is to accept the recommendations in concept and stressed that the task force would continue to study and further define the specifics. Mr.. Lieuallen was concerned about comparable housing and if it would be determined before the approval of the sale. Mayor felt that potential convertors would do a market survey before buying a buildinq. Mr. Sercombe outlined a two-stage approval system for condominium conversions where proof of comparable housinq would have to be developed. Motion carried 6:1, with Mr. Haws voting no. e 4/23/80--7 "- Ms. Smith moved, seconded by Mr. lieuallen, that council approve providing financial moving assistance to low-income, elderly, and ~ handicapped tenants. Ms. Schue pointed out that the conversion will displace everyone. Under · urban renewal, all moving expenses were paid. She urged, therefore, that moving expenses be paid for all those displaced. Mr. Croteau clarified the age of "elderly" was 62. Motion to provide financial moving assistance carried 4:3, with Mr. Haws, Mr. Delay, and Ms. Schue voting no. Ms. Smith moved, seconded by Mr. Lieuallen, that life tenancy be included in the ordinance. Mr. Lieuallen asked staff to investigate a less elaborate form of rent control. Ms. Schue felt she could support some forms of life tenancy and not others. Ms. Smith said that she had in mind when making the motion unrestricted life tenancy. Ms. Schue moved, seconded by Mr. Lieuallen, to amend the motion to limit the life tenancy provision to those elderly and handi- capped currently affected. Mayor pointed out that if a developer could not provide comparable housing, the tenant would have life tenancy. e Mr. lieuallen said he would support the motion in order for the task force to study the parallel package of life tenancy. Mr. Delay said the task force came to the council for direction, not two separate paths. He asked if the Mayor would veto a life tenancy provision. The Mayor replied he would reserve that option. He feels what the council has approved to date is good and he is not sure about the next step. Motion for amending the motion to limit those eligible for life tenancy was defeated 4:3, with Mr. Delay, Ms. Schue, and Mr. Lieuallen voting yes. Mr. Lieuallen urged the passage of life tenancy on the grounds that times have changed. Interest rates and inflation have wiped out life savings of seniors, making it difficult to buy condominiums at today's interest rates. The emergence of condominium conversion as a get-rich scheme is a form of ownership that is new to Eugene. He feels that life tenancy is needed as an appropriate protection for people. Mr. Delay asked for more resources for the task force to consider in deal- ing with the outside intrusion of condominium conversion. He would vote for life tenancy. . 4/23/80--8 'e e - . Ms. Schue had a narrower view of life tenancy. There is a qroup of elderly persons living in apartments presently. They do not own their apartments. They do not want to move. They could pay more rent. They. would like the choice of life tenancy. She said she would support life tenancy, but she could not support rent control. Ms. Miller noted part of the problem was a shortage of rental housinq. It was just human decency to provide comparable housing. This is opposed by those who feel they have a right to do with their own property as they wish. To reconcile these two forces, a good "comparable" housing provision may result in life tenancy. Main motion for life tenancy was defeated 4:3, with Mr. Oelay, Ms. Schue, and Mr. Lieuallen voting yes. Ms. Smith moved, seconded by Mr. Lieuallen, that the administrative costs of converting apartments to condominiums should be borne by the converter. Mr. Lieuallen moved, seconded by Mr. Delay, to amend the motion to include not only administrative costs but to develop a taxinQ 0001 that the City can use to deal with the real problem which is the lack of housing. Mr. Lieuallen said millions of dollars change hands in these conversions. The housing market is full and this money will help in solvinQ the housinQ problems. Mr. Lieuallen said the City gave $65,000 to Olive Plaza. He wondered whether it made a difference in its construction. Ms. Schue said the money given to Olive Plaza was the difference between makinq and breaking Olive Plaza. It was a major help. Mr. Delay said that this was not a tax, rather the community gave value to the condominiums and they should share in the wealth. Motion to amend main motion to provide for a taxing pool carried 5:2, with Mr. Hamel and Ms. Smith voting no. Main motion to cover all administrative costs plus additional tax to be determined later carried 5:2, with Ms. Smith and Mr. Hamel voting no. City Council took a break. Mr. Haws left the meetinQ. VII. DOWNTOWN TRANSPORTATION STUDY--PRESENTATION BY R. HENRY MOHLE (memo distributed) Manager introduced Mr. Hanks and Mr. Mahle. Mr. Hanks said for the past year, the City has worked with the Oowntown Development Board and the Lane Transit District to develop a plan for downtown. They have received technical 4/23/80--Q ~.:....... .- assistance from Mohle, Perry & Associates, who have worked with an advi- sory committee of interested organizations. He introduced Mr. Mohle. e Mr. Mohle thanked the committee and staff. He indicated the study included 87 blocks and dealt with traffic, pedestrians, and parking. He showed the suggested changes outlined in the report distributed. Mr. Hanks said the process for adoption would be that the Downtown Development Board, Lane Transit District, Planning Commission, and the Eugene Renewal Agency would make recommendations to the City Council within the next two months. In response to council's questions, Mr. Mohle indicated that the two main transfer sites would be covered and that contra-flow lanes are safe for pedestrians. Mr. Hanks indicated that the diagonal walking options are not concrete at this time. VIII. AMENDMENT TO RESOLUTION REGULATING DISTRIBUTION AND USE OF TRANSIENT ROOM TAX FUNDS Manager explained the Room Tax Committee at their meeting last night agreed to change the word "or" but not to change the other wording noted in the reso 1 ut ion. Manager recommended counci 1 change on ly "or" and reserve other changes for a later date. Mr. lieuallen said it was agreeable with him. He explained that there were carryover funds at the end of each fiscal year that go into the Civic Center. He asked for more flexibility for the Room Tax Committee in order to determine funding for other projects. He said the Room Tax Committee ... needs to know how much in accumulated funds is available and then deter- ,., mine their allocation. Manager said May 1 they will have another resolution concerning the ten-percent. Manager asked for adoption of resolution includinq only "or." Res. No. 3344--A resolution concerning room tax funds; and amending Section 6 of Resolution No. 3139, adopted May 9, 1979, as amended. Ms. Smith moved, seconded by Mr. lieuallen, to adopt the resolu- tion. Roll call vote. Motion carried unanimously. IX. REPORT FROM CITY MANAGER ON EXPERIENCES IN MINDEN, GERMANY Manager passed around a publication he received while in Germany on resi- dential streets and how they mix motor vehicles, bicycles, and pedestrians. It showed the beautiful graphics of the city of Minden. He suggested a calendar that would be nice for Eugene. It could be sold. He said in Germany the City has its own housing corporation bank which enables the City to build low-cost housing. He was interested in their fire service. They use specialized small, inexpensive equipment. The swimming pools' utility bills are higher than Eugene. They use heat pumps to heat the e 4/23/80--10 e e e pools. They have automated systems at the entrance of the pools. Fifty percent of their appropriations come from the federal ~overnment. The sewer plant is being built with 80-percent state funding. They have tremendous prosperity, full employment, every citizen aspires to a house and car. The result is that they are building subdivisions in the out- skirts of town. They have more rigid control on the land in the outskirts. The line between urban and rural is clearly defined. Due to history, economics, etc., they have controlled these things. Their operation is an elected committee operation. The public participates throu~h the party. The city council is a 53-member body with 12 or 14 subcommittees (no citizen participation). Upon motion duly made, seconded, and passed, the meeting was adjourned to April 28, 1980. Respectfully submitted, ~~~ Charles T. Henry City Manager (Recorded by Beth Conant) BC:er/CM27b1 4/23/80--11