HomeMy WebLinkAbout05/28/1980 Meeting
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M I NUT E S
'EUGENE CITY COUNCIL
May 28, 1980
Adjourned meeting of May 27, 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.,
May 28, 1980, in the City Council Chambers, with the following councilors
present: Betty Smith, Scott Lieuallen, Brian Obie, Jack Delay, D. W. Hamel,
Emily Schue, and Eric Haws. Councilor Gretchen Miller was absent.
I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA
ADJUSTMENTS
A. Medical Services, Incorporated--Councilor Haws asked what is going
to be done about the problem with Medical Services, Inc. People
are telling him that good service is not available and it is imposing
a danger to the health and welfare of the city. Questions are being
asked that will not be addressed in the Touche~Ross study. Mr. Henry
stated that they will be establishing a more formalized monitoring of
response time; will be requesting Mr. Leonard to provide additional
materials; and will be talking with receiving personnel at the hos-
pitals. He assured Mr. Haws they would do the best they could to
gather data beginning with the upcoming review of the Touche-Ross
study. A public hearing will be held. The City would be unable
to take it over unless there was a total breakdown of service.
Staff has also discussed having a meeting with Springfield. Mr.
Haws indicated that he is not necessarily asking for a change in
medical service, only that a process be developed to review MSI.
Bill McGuire, Finance Director, stated the code stipulates that the
license will not be renewed if service is not satisfactory. They are
working on a definition of satisfactory service at this time. Mike
Anderson, a former employee of MSI, is meeting with Shirley Swenson at
this very moment to give his input; staff is checking on area services
in its monitoring process.
Mr. Delay stated the problem must not be oversimplified. The license
renewal process is not adequate to determine what the response time
should be. A decision will need to be made about alternatives and
perhaps that information should be added to the Touche~Ross study
results.
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The city councils of Eugene and Springfield will be involved. A 4It
full hearing regarding the level of service has not happened. He
feels Eugene should ask to get together with Springfield for a joint
hearing of concerns of involved individuals to be able to look at the
long-term problem. Mr. Obie indicated his agreement with Mr. Delay in
regard to the joint meeting with Springfield. He feels this meeting
should develop standards and procedures, but that the labor dispute
at MSI should be omitted from this hearing. He has a strong bias
against creating another public agency. An in-depth study needs to be
undertaken. Ms. Smith indicated that Dr. Dickenson's offer of assis-
tance from the Lane County Medical Society would be helpful. Mr.
Lieuallen stated a public hearing for the general issues should be
held and that the size and scope of the task force should perhaps be
expanded. There is a need to move cautiously and carefully. Ms. Schue
indicated agreement and stated that perhaps the task force should
include the Medical Society and Springfield, as well as others.
Mr. Haws indicated he noted a reluctance to increase the size of the
task force. Mr. Delay stated that these issues enlarge the scope of
the task force; he felt it better to have more members of the elected
bodies from the jurisdictions involved. Technical people should be
involved for information on the rate structure. There needs to be a
public hearing on the level and quality of service. Mr. Henry sug-
gested communicating with Springfield and Lane County about scheduling
a joint meeting.
Mr. McGuire stated that he would like to have something together 4It
by next week. The license is up for renewal on July 1. Mayor Keller
stated there needs to be information accumulated to determine whether
or not the service is good or bad. Mr. Delay indicated he does
not feel the Finance Department can answer questions on how to
judge service delivery in the community. The licensing requirement
is an operator issue. There are significant issues that have been
discussed and he would like an opportunity to hear this soon since
there is a crisis in the community.
Mr. Obie asked if a subcommittee could be formed to come back with a
plan of action in a week or two. Ms. Smith indicated support for
this.
Mayor Keller indicated he and Mr. Henry would get together with
Springfield and Lane County, then with the councilors.
Mr. Obie stated he would prefer that the councilors meet first and
then meet with Springfield and Lane County. Mr. Lieuallen stated
his agreement with Mr. Obie's proposal.
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B.
Mr. Haws indicated he would not be at the June 9 meeting.
Eugene Plan--Mr. Obie stated that a week ago the council applauded
the passage of the Eugene Plan and now he would like to interview
each member of the Budget Committee and get their recommendations
for improving the process. Ms. Schue noted agreement and stated
that remarkable progress had been made and that now this can be
built on. Ms. Smith asked if this would happen prior to the June
election. Mr. Obie stated that they would study the process and
recommend action for next year's process.
C.
June 24 Election--Mr. Obie stated that by next Wednesday, he would
like the staff to prepare a list of the Tier 2 budget items, bro-
ken down departmentally and geographically. He would like to review
this during the council meeting. Mr. Henry indicated that additional
information would be included in the councilors' packets on Friday.
Mr. Obie indicated he would like this information to explain how it
would affect people in the community.
D.
Anti-recessionary Monies--Mr. Obie stated that in the Peat, Marwick
and Mitchell study in the last paragraph on the second page there
is a concern that a possible non-compliance in Eugene has occurred
with anti-recessionary monies. $155,000 is involved and he wants
to know if the City is liable.
Bill McGuire, Finance Director, stated that the City Council appro-
priated these funds within the last six months and he does not feel
there is a liability problem. Mr. Obie asked him why non-compliance
was indicated. Mr. McGuire responded that any funds given under that
act should be appropriated within six months after their receipt.
Eugene did not appropriate them within that time. Apparently the law
is vague on this and that is why it says there may be instances of
non-compliance. Mr. Obie requested that additional information be
brought back within a week on this item. Mr. Delay requested that
the Audit Subcommittee also take a look at this.
E.
Euthanasia Ordinance--Councilor Delay stated in the May 1978 primary
election, a euthanasia ordinance was adopted. That ordinance was
assumed to be one that was applicable county-wide, but apparently it
has not been adopted by the City. Thus, an ordinance should be
prepared for adoption by the City. He would like this scheduled
on the June 9 agenda. Mr. Lieuallen indicated this is a procedural
matter.
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F. Citizen Involvement Committee--Ms. Schue stated, in regard to the
opening on the Citizen Involvement Committee, that committee members ~
were appointed to staggered terms when this committee began. She ..,
would like the council to consider reappointing Darcy Marentette
for this position since she has only served one year. She stated there
will also be a review next month on the possibility of enlarging this
committee from seven to nine members. Mr. Haws indicated he did not
think that there was an automatic reappointment process. Ms. Schue
stated she understood that but since Ms. Marentette has only served
one year, she felt she should be reappointed. Mr. Haws indicated
there would be two new councilors and thinks it is important that the
new people be involved in this process of interviewing.
Ms. Smith stated that she and Mr. Lieuallen asked that same question
about reappointments and were told to follow the same process for
both reappointments and new appointments. Mr. Delay stated that
perhaps only Darcy Marentette could be interviewed rather than build
up the hopes of other people. Mr. Haws asked when the councilors-
elect would start being invited to attend processes such as this.
Mr. Henry stated that they have been sent a great deal of informa-
tion already and they could be involved in this process if the council
desires. Mr. Hamel indicated that the council should follow the set
procedure. Consensus was to only interview Darcy Marentette.
G. Announcements--There will be public hearings on the Metropolitan
Plan Update for the Elected Officials Coordinating Committee on
May 29 at 7:30 p.m. and on May 31 from 9 to 11:30 a.m. and 1:30 ~
to 4:30 p.m. ~
Ms. Miller stated she would be gone on June 5 and would need a
substitute for the subcommittee meeting. Mr. Lieuallen volunteered
to attend this meeting.
H. Additions to Agenda--Mr. Henry indicated that State money has been
offered for two bicycle-related projects. The first is the Knicker-
bocker Bridge connector to Franklin Boulevard, for which the State
would provide $80,000 and the City would need to provide $20,000
matching funds. The second project would provide parking bays to
enable bikepath construction on 24th Street. The State would provide
$20,000, and the City would provide $5,000. These are resolutions to
execute the contracts with the State of Oregon Department of Transpor-
tation.
Res. No. 3380--Authorizing execution of Contract No. 6933 with the State
of Oregon Department of Transportation concerning the
24th Avenue Bikeway.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the res-
olution. Roll call vote; motion carried unanimously.
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Res. No. 3381--Authorizing execution of Contract No. 7256 with the State
of Oregon Department of Transportation concerning the
Knickerbocker Bridge-Franklin Boulevard section of the
1-5 through Autzen Bridge bicycle path.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously.
Mr. Delay requested staff to check out the bike path on Coburg Road.
He stated that he was referring particularly to the area toward
the Washington Street Bridge from the Ferry Street Bridge where
landscaping is needed and trash and rocks are evident. Safety also is
a problem there. Mr. Henry responded that staff would check on this.
II. ROUTINE ITEMS FOR COUNCIL APPROVAL
A. Approve Council Minutes of May 7, 1980, May 14, 1980, and May 19, 1980
Ms. Smith moved, seconded by Mr. Lieuallen, to approve council
minutes of May 7, 1980, May 14, 1980, and May 19, 1980. Roll
call vote; motion carried unanimously.
B. Finance Resolutions (memo distributed)
Res. No. 3374--A resolution authorizing the transfer of non-contingency
appropriations from General Fund to Federal Revenue
Sharing fund
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously.
Res. No. 3375--A resolution authorizing the transfer of non-contingency
appropriations within a given fund between programs and/or
object groups
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously.
Res. No. 3376--A resolution authorizing a loan from Street and Sewer
Capital Project Fund to Parks Land Acquisition Fund
Mr. Obie asked what would happen if we could not sell the bonds in
a year or so. Bill McGuire, Finance Director, stated that the
Park Acquisition Fund would be kept out of the red by doing this.
If the bonds are not sold, there will have to be a longer-term loan
or other financing will have to be found.
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Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously. 4It
Res. No. 3377--A resolution authorizing the transfer of operating contin-
gency monies in General Fund to cover transfer to 10th and
Oak Commercial Space Fund.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously.
C. Assessment Ordinance (memo distributed)
CB 2091--Levying assessments for paving, sanitary sewer, and storm sewer
within Dawne Plat; and paving Cleveland Street from approximately
100 feet north of 24th Avenue to approximately 200 feet south of
25th Avenue; and paving 24th Avenue from Cleveland Street to 75
feet east, all within the City of Eugene, Oregon (79-03).
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be read
the second time by council bill number only, with unanimous con-
sent of the council, and that enactment be considered at this time.
Roll call vote; motion carried unanimously.
Council Bill 2091 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. All councilors present voting
aye, the bill was declared passed and numbered 18634.
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III. GENERAL OBLIGATION BONDS
A.
Issuance and Sale of General Obligation Improvement Bonds Series "G"
(Ordinance/Resolution distributed)
CB 2134--An ordinance authorizing the issuance and sale of $3,850,000 of
General Obligation Bancroft Improvement Bonds, Series "G", of
the City of Eugene, Oregon, and directing that they be advertised
for sale; and declaring an emergency.
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be
read the second time by council bill number only, with the
unanimous consent of the council, and that enactment be con-
sidered at this time. Roll call vote; motion carried unan-
imously.
Council Bill 2134 was read the second time by council bill number
only.
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Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be
approved and given final passage. Roll call vote; all coun-
cilors present voting aye, the bill was declared passed and
numbered 18635.
Res. No. 3378--A resolution prescribing form of notice of sale of
$3,850,000 of General Obligation Bancroft Improvement
Bonds, Series "G11, of the City of Eugene, Oregon.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously.
B. Issuance and Sale of General Obligation Park Land Acquisition Bonds,
Series 1980. (ordinance/resolution distributed)
CB 2135--An ordinance authorizing the issuance and sale of $4 million of
General Obligation Park Land Acquisition Bonds of the City of
Eugene, Oregon, being the bond issue authorized by the legal
voters of the city at a special election held June 26, 1979;
and declaring an emergency.
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be read
the second time by council bill number only, with the unanimous
consent of the council, and that enactment be considered at this
time. Roll call vote; motion carried unanimously.
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Council Bill 2135 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 coun-
cilors present voting aye, the bill was declared passed and
numbered 18636.
Res. No. 3379--A resolution prescribing the form of notice of sale of $4
million of General Obligation Park Land Acquisition Bonds,
Series 1980, of the City of Eugene, Oregon.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolu-
tion. Roll call vote; motion carried unanimously.
IV. HOTEL/CONVENTION CENTER DEVELOPMENT--UPDATE (memo distributed)
Mr. Henry stated that because of a tight time line, things will have to
be rushed at this point to meet scheduled deadlines. He is pleased with
these developments and indicated that Charles Kupper, Director of HCC, and
his staff have worked very hard on this project. He introduced Jim
Fahs, Development Associates, and Charles Kupper, to provide background
information.
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Mr. Fahs stated they intend to begin construction on July 1. The Hilton ~
Hotel will be a 12-story structure with 284 rooms and a rooftop restaur- ..,
ant and bar. The main floor will have limited shop space with another
bar connected to the conference center. The City has undertaken construc-
tion of the conference center of about 35,000 square feet which will pro-
vide meeting room space for the hotel. This is a $15.5.million project and
Vik/Cannon Construction will be the firmsdealing with this project. They
hope to be open in 1982. Mr. Fahs showed a model of the proposed Hilton
Hotel/Conference Center.
Mr. Lieuallen asked if the model accurately indicated the way that facility
would look. Mr. Fahs responded it was very comparable as the construction
document is complete and bids will be received in mid-June. Mr. Lieuallen
asked about parking. Mr. Fahs responded it would be underground; that
it would be bermed and landscaped.
Ms. Smith asked if there would be space for meetings. Mr. Fahs responded
there would be five small meeting rooms on the 5th floor, but the majority
of the meeting space would be available in the convention center. She
asked if the convention center would need to use the food service provided
by the hotel. Mr. Fahs responded that they would not necessarily have to
do so. Ms. Smith stated there was a real need to coordinate use of the
hotel and the center.
Mr. Lieuallen asked what impact the hotel has on obscuring the view of the
butte from downtown. Mr. Fahs stated they have tried to preserve that
view. Mayor Keller noted that expansion plans have been considered in the ~.
design process and asked Mr. Fahs to point them out. He did so and
showed where, in the fifth year of operation, they could expand the hotel
to a total of 475 to 500 rooms. Mayor Keller noted the need in Eugene
for lunch meeting facilities. Mr. Fahs responded that the convention
center could be used with the kitchen facilities from the hotel which
would provide four main meeting areas. One of these could be divided
into three smaller areas plus the junior ballroom which would provide
four meeting areas, one of which could be divided in half, providing
a total of 11 rooms. Mayor Keller asked if he sees the hotel's convention
use as being in conflict with weekly meeting schedules. Mr. Fahs responded
everything would be on a first-come, first-serve basis.
Mr. Lieuallen asked for a brief overview of the main issues yet to be
resolved. Mr. Fahs responded that it is a jointly developed project and no
major unresolved issues are seen. He thinks a good job has been done to
benefit the City and the corporation. July 1, 1981, will be the ground-
breaking for the center.
Ms. Smith noted her appreciation for the efforts put forth toward making
a viable downtown hotel facility.
Mr. Henry introduced Dick Reynolds, new Director of the Performing Arts
Center, who began May 1, 1980, and will be in charge of the conference
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operation as well as the Performing Arts Center. The first Performing
Arts Commission meeting will be held at 7:30 p.m. tonight in the McNutt
Room. Mayor Keller welcomed him.
Charles Kupper, Director of HCC, stated it was only about one year ago
that ERA signed the contract with the developer. He thinks it is
remarkable that so much has happened so soon. They must move rapidly to
meet the developer's time line. The memo of May 23 outlines the essential
steps for completion of the project. The steps in the project are: 1)
execution by the Eugene Renewal Agency of the agreement with Development
Associates for development of the hotel and operational use of the con-
ference center and parking facility; 2) approval by council of the terms
of operation and use of the conference center and parking facility; 3)
design of the conference center and parking facility and design of the
Willamette Street public space; preparing and letting design and con-
struction bids for the parking facility; preparing and letting con-
"struction bids for the conference center; 4) marketing a tax allocation
bond issue for the conference center and parking facility; they hope this
will occur in July or August of 1980; the City will have to put together
an operational staff structure; and 5) finalizing operational staff
structure for the conference center and parking facility.
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The development agreement will be presented to the Renewal Agency at the
June 10 meeting. The council must approve the "agreement for operation
and use of the center and parking facility. There will be a review at the
June 18 council meeting. As it is now foreseen, the conference center
will be operated and maintained by the same City staff responsible for
operation of the Performing Arts Center.
Mr. Obie asked where funds are coming from. Mr. Kupper responded that
funds would be from tax allocation collections and cash on hand, and they
will attempt to bond the bulk of the work. They also hope to get EDA
money involved in this project. Mr. Obie noted the operating use agree-
ment will affect the City for years. Mr. Kupper stated it would be
approximately 50 years and they should give serious consideration to
this agreement. Mr. Obie stated he is bothered by the process and is
concerned as to whether or not the use agreement has been negotiated.
Mr. Kupper responded it has been between the developer and ERA and
is similar to an agreement in Monterey, California. The developer will"
not be getting free use of the City facility. Mr. Obie asked if it might
develop a cash flow problem for the City within the next ten years. Mr.
Kupper responded he can only speculate. A lot will depend on how suc-
cessful the hotel will be. The contract is to be given to Stan Long
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today, and will be reviewed by HCC, the Performing Arts Center, and the
City Attorney's office. .
Mr. Lieual'en asked at what point there would be some finalization of the
conference center's management structure. Mr. Kupper indicated that the
type of structure will not be written into the contract. Mr. Henry
responded that in the contract, the facility will be shared. Dick Reynolds
will later determine the management structure. Mr. Lieuallen noted that
he wanted to be notified in advance to be able to study this. He feels the
conference center operation is nearly as important as the operation of the
Performing Arts Center. Mr. Henry said he would get together with him to
discuss his concerns.
Mr. Obie stated that he has concerns in regard to public use of the
conference center. He is concerned that the City pay its own share;
there should be a transfer of funds so that one will be aware of what
it is actually costing. The City should be a client to the center just
like anyone else; if they can get cheaper space elsewhere, they should go
elsewhere.
V. CONSIDERATION OF TESTIMONY TO BE PRESENTED TO THE STATE JOINT INTERIM
REVENUE COMMITTEE AND CONTINUING DISCUSSION WITH LOC REPRESENTATIVES
FROM SALEM AND PORTLAND ON STATEWIDE REVENUE MEASURES (memo distributed)
Mr. Henry indicated he has been invited to participate in discussions
on tax-related issues. Some of the proposals under consideration are:
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A. Permit increased interest rates on property tax delinquencies
and apply the increased interest rate to property taxes remaining
unpaid at November 15, until said taxes are paid in full;
B. Support SJR 10; allow new construction to be fully included
in tax base for property previously annexed;
C. Bancrofting. Allow for Bancrofting interest in excess of ten
percent;
D. Over-the-counter bonds. Allow governmental jurisdictions to
issue small-denomination bonds;
E. Review of property tax exemptions. Options of limiting or
~nsetting" of property tax exemptions on a graduated basis;
F. Income tax reform. Apportion income taxes to State, counties,
and municipalities in fixed formulas; and
G. State payments in lieu of taxes.
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Mayor Keller asked if Item II-A, permitting increased interest rates on
property tax delinquencies and applying those increased rates to property
taxes that remain unpaid on November 15 until payment is received in full,
is a valid statement. Mr. Henry responded that the people taking advan-
tage of the three-payment system are the big taxpayers. Since there
is no penalty, and they are investing that money, it is to their advan-
tage.
Mayor Keller asked for clarification on Item II-B, which would allow
new construction to be included in the tax base for property previously
annexed. Mr. Henry stated that if it is annexed, the City does receive
it, but if it is within the City limits, for example the new hotel, it
must be voted on to be included in the tax base.
Mr. Delay stated that in the Metro Plan Update, they are looking at
trying to annex in a phased manner to have a pool of developable land.
He feels this is better than the current system. Consensus was to rec-
ommend this testimony.
VI.
CONSIDERATION OF CONDOMINIUM CONVERSION ORDINANCE
Mr. Henry stated that council would be looking at two ordinances; the
first would add two weeks to the moratorium and the second is the ordi-
nance regulating conversions. He noted that Tim Sercombe, City Attor-
ney's office, is available for review of the ordinance.
Mr. Obie stated this could be a controversial issue. He asked members
of the task force if there would be negative impact with extending the
public hearing until June 25. Mr. Delay responded that the time con-
straint is that the moratorium is about to expire, and this extension is
only intended to cover the time period between now and when the ordinance
takes effect. They must have a strong rationale for a further exten-
sion. Mr. Obie noted he would like a better chance to review the docu-
ment and to prepare for decision making. He would prefer to extend
the moratorium a little longer.
Ms. Smith noted that most councilors received the ordinance on May 27
and thinks it is fair to extend the moratorium to ensure adequate
review. She did not feel that even a first reading should be taken
at this meeting prior to the public hearing and a chance for discussion.
Mr. Delay noted there is a memo from Tim Sercombe which gives a sum-
mary of what the ordinance contains. He would prefer to schedule it as
stated and hold the public hearing on Monday. If this is not possible,
they could extend it at that time. He feels they should move rapidly
ahead.
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Mr. Lieuallen noted he also would like to look at the ordinance longer.
Mr. Obie stated he had just received the ordinance and would like to
know more about it prior to making any decision. He would like more
time to discuss it and to be able to do.a better job. He reiterated
his question to the task force as to whether there would be a negative
impact if they delayed. Ms. Schue stated she would like to see the
moratorium extended.
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Stan Long noted that there are some limitations on the moratorium and
they are extending it from June 1 to June 23. If the council feels
that time needs to be extended a week or two longer, it probably could
be done at that time, provided there was good reason. Mr. Long noted
that their staff recommends passing the first ordinance today.
CB 2136--An ordinance relating to the conversion of apartment buildings
to condominiums; amending Ordinance No. 18535; and declaring
an emergency.
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be
read the second time by council bill number, with unanimous
consent of the council, and that enactment be considered at
this time. Roll call vote; motion carried unanimously.
Council Bill 2136 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 coun-
cilors present voting aye, the bill was declared passed and
numbered 18637.
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Mr. Henry introduced Tim Sercombe to provide background information on the
conversion ordinance.
Mr. Sercombe stated that he would be giving a brief overview of the ordi-
nance which regulates conversion of rental dwelling units to condominium
or cooperative ownership. Regulation occurs in three substantive areas:
protection of existing tenants; protection of special category tenants
(low-income, elderly, or handicapped tenants); and protection of pur-
chasers of converted units through mandatory disclosure of the condition
of the building, a warranty on the common elements, and the funding of
adequate reserves for future operating or replacement expenses. (He
noted this lasts three years by the developer.)
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Tenants of a building to be converted are affected by the ordinance
in the following ways: developer must provide information to all
tenants; an affected tenant has a right to stay in the housing unit
for six months after notice of conversion is given; no conversion and
tenant displacement will occur if rental housing demand seriously exceeds
supply; and special-categories units will not be affected unless two
independent offers of comparable housing units are given to each tenant
through a housing counselor paid for by the developer and moving
expenses are paid for by the developer.
Purchasers of condominiums are protected in the following ways: the
unit must be in compliance with the Housing Code at the time of sale;
developer is required to guarantee that the common elements of the
building (plumbing, electrical, mechanical systems, and the like) and
their components will operate for two years through bond or cash escrow
account; the developer must spend the initial replacement reserve
account of the unit owners' association; and purchaser must be informed
of the condition of the building prior to sale through a certified report
of a licensed engineer or architect.
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No developer is allowed to transfer ownership of any condominium unit or
cooperative share until she/he has obtained a final permit for condominium
conversion by the City of Eugene. In order to obtain such a permit, a
developer must: have the building to be converted inspected for code
compliance; obtain a certified report from a qualified licensed engineer
describing the condition and expected use of the life of the components
of all the common elements of the building; notify all tenants of their
rights under the ordinance and provide them with information on the
condominium conversion process; provide information to the City on the
condition of the building, the rental history of the building for the
previous three years, and information on the tenants' particular needs;
and provide moving expenses, a housing counselor, and comparable housing
unit offers to each special-category tenant.
To obtain a final conversion permit, the developer must: execute a war-
ranty guaranteeing the good condition of each component of the common
elements in the building for a period of two years; set up a cash reserve
escrow account for the benefit of the unit owners' association; repair
all housing code violations; and pay the conversion fee.
The major definitions are:
Affected tenant. Describes those tenants who receive benefits under
the ordinance and reside in the building at the time of the notice
of planned conversion.
Common elements. These must exist for the benefit or common use of
more than two unit or share owners.
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Comparable housing. Must be equivalent in size, gross rent, and
number of bedrooms with similar cooling and heating systems, kitchen ~
and bath facilities, special facilities for handicapped or elderly ,
tenants, and accessibility to community services.
Conversion. When rental housing units are converted to separate
ownership interests.
Cooperative housin1 unit. Most student co-ops would be excluded as
living unlts norma ly do not have kitchens and this conversion to
cooperative housing is regulated in the same way as conversion to
condominium units.
Good cause for eviction. This definition is relevant to many sec-
tions of the ordinance and the developer is precluded from evicting
without good cause any tenant who resided in the building at the
time of the notice of planned conversion until such time as final
conversion permit has been issued.
Lifetime lease. No eviction of a lessee unless for good cause and
limits rent increases to no more than once per calendar year in an
amount equivalent to the percentage increase in the consumer price
index.
special-catefory tenants. Elderly or low-income, which is determined
by their sta us at time of notice of planned conversion, and handi-
capped tenants, who are determined at the time of the issuance of ~
the final conversion permit. (This later determination allows bene- ~
fits to be given to a tenant who becomes handicapped after the
notice of planned conversion and before the time that the tenant
is required to move.)
Because of the lack of local experience in regulating condominium or
cooperative conversions, substantial rule-making authority is given
to the HCC Director to legislate on anticipated issues and to amplify
the requirements of the ordinance. The Director is given discretion
to waive certain requirements as they pertain to housing cooperatives
which is Section 11 of the ordinance.
Mr. Lieuallen asked about conversion fees ($500 per unit fee) and whether
there were administrative costs, etc. Mr. Sercombe responded that there
are administrative costs, but if there is no displacement, the fee is
waived. The lifetime lease would save the conversion fees and the need
to find comparable housing. They also could have a private agreement. In
response to Mr. Lieuallen's question, Mr. Sercombe said that the lifetime
lease must be in writing and must contain the provisions listed in the
ordinance. Mr. Lieuallen asked if other cities do this. Mr. Delay
responded that some do and suggested that all councilors read through
the ordinance and summary and it could be discussed further next week.
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VII. CONSIDERATION OF STREET AND SIDEWALK PROJECTS (memo distributed)
Mr. Henry stated that the Public Works Department requests council
initiation on the following projects:
1. Projects to be bid for 1980 construction--paving and sidewalks
on Martin Street from West Amazon Drive to Center Way; paving
on Roosevelt Boulevard from Bertelsen Road to Beltline Road;
and paving and sidewalks on Acorn Park from 11th Avenue to
Amazon Channel; and
2. Projects to be designed for construction in 1981--paving and
sidewalks on Crescent Avenue from Gilham Road to Coburg Road;
paving and sidewalks on Goodpasture Island Road from Delta
Highway to Tabor Street; paving and sidewalks on Norkenzie
Road from Beltline Road to Crescent Avenue; and paving and
sidewalks on Bailey Hill Road from Warren Avenue to Four Oaks
Grange Road.
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These projects are being requested for improved safety of vehicular,
bicycle, and pedestrian traffic. The projects are being funded by a
variety of sources, the majority coming from property assessments and
through cooperative arterial funding from Lane County. The process
involves a staff hearing and two public hearings before the council
on each project prior to awarding a contract. The property owners and
other concerned citizens will have ample opportunity to influence the
design and express their concerns to the council. Authorization is
being requested to proceed with preliminary design, staff hearings,
and the initial public hearings on each project.
Ms. Smith moved, seconded by Mr. Lieuallen, to proceed with
seven street and sidwalk projects as outlined in the memo dated
May 14, 1980 (Job Nos. 884, 1740, 1862, 1835, 1710, 1837, 1576).
Roll call vote; motion carried unanimously.
The meeting was recessed to the McNutt Room for Item VIII.
VIII. METRO PLAN UPDATE/DISCUSSION
Jim Croteau, Planning, stated that at the first Elected Officials Coor-
dinating Committee meeting they dealt with four relatively minor issues
and at the second meeting they dealt with only two issues--the Glenwood
issue and the North Springfield issue, which took the remainder of the
meeting. The vote by the committee was 4-2 to uphold the Metro Plan and
that no other plan would take precedence.
The Elected Officials Coordinating Committee will be meeting at 7 a.m.
May 30, 7 a.m. June 6, and 7:30 a.m. June 12. They have added three
meetings to get through the agenda.
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.~-
Mr. Croteau stated that 11 differences are outlined in today's handout.
The Coordinating Committee will look at three areas at their next meeting.
One of the things that they will be looking at is Difference No. 2--
North Springfield Community Plan. The Springfield position is that
the Metropolitan Plan should completely supersede the North Springfield
Community Plan, Part I of the Refinement Plan. The Lane County position
is that the Metropolitan Plan should control where there is conflict, and
if there are problems with the Refinement Plan, those problems should be
resolved through an amendment to the North Springfield Community Plan.
Discussion ensued regarding the position the City of Eugene should take
on this issue. Councilor Lieuallen recommended upholding Springfield's
position. Mr. Croteau noted there have been four different occasions when
Springfield has been taken to court for conflicts between proposed zoning
action and the North Springfield Plan. Mr. Croteau noted that if there is
action to be taken it could be joint action to revise the North Spring-
field Plan.
Mr. Delay stated it bothers him to encourage Lane County to be involved
in planning in areas adjacent to cities. He does not think that it
is a good idea for them to do that unilaterally.
Mr. Croteau stated there could be an interim refinement plan that could
state what might be able to and might not be able to happen prior to
annexation. He feels that any refinement plans that are done should
be cooperative efforts rather than done by one jurisdiction. Mr. Delay
noted the question is whether or not we want to see development outside
of municipal areas.
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Ms. Smith stated we have policies and should maintain them throughout
the entire plan or we will have development that we do not want.
Mayor Keller noted that if there is going to be commercial development,
they should be willing to annex to the cities to receive urban services.
Ms. Schue noted that the River Road-Santa Clara area was denied annexa-
tion recently by the City Council on these very grounds. In regard
to Glenwood and Mount Pisgah, Mr. Delay stated that if it is not clear
who has jurisdiction, then a potential developer could go back and
forth between the jurisdictions seeing who would make a better offer.
Regarding Mount Pisgah, for the land between the two rivers inside the
plan, there would be joint jurisdiction, and all three jurisdictions would
have to agree on anything that happened; outside the plan would be solely
Lane County jurisdiction.
The meeting was adjourned at 2:30 p.m. to June 4, 1980.
Respectfully submitted,
~)
Charles T. Henry
City Manager
.e (Recorded by Lynda Nelson)
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