HomeMy WebLinkAboutCC Minutes - 10/14/98 Work Session MINUTES
Eugene City Council
McNutt Room--City Hall
October 14, 1998
11:30 a.m.
COUNCILORS PRESENT: Pat Farr, Ken Tollenaar, Nancy Nathanson, Tim Laue, Scott
Meisner, Bobby Lee, Betty Taylor,.
COUNCILORS ABSENT: Laurie Swanson Gribskov.
Mayor James D. Torrey called the council to order.
Mayor Torrey requested that a meeting be scheduled with the 4J School District board regarding
the siting of the proposed community stadium and playing fields and the various implications
inherent in the decision. The council agreed. Mr. Johnson said he would arrange the meeting,
and commented that the fields were designated as football, soccer, and community fields.
Mayor Torrey announced that he had to leave to attend another commitment and left the meeting.
Council President Fart assumed the chair.
1. CITY COUNCIL LUNCH WORK SESSION
A. Items from Mayor, City Council, City Manager
Mr. Tollenaar asked for an update on the memorandum or joint work session request on the
status of urban transition. He asked for a status report also on the River Road/Santa Clara
sewer situation in light of the recent court ruling.
Ms. Nathanson had no items.
Mr. Meisner stated that he, the mayor, and several of the councilors had attended the Sheldon
Fire Station dedication, and he congratulated Fire Department staff on the event. He asked that
the airport services issue be placed on the agenda before the end of the calendar year.
Mr. Lee referred to his memorandum to the council regarding a request for staff time for a Human
Rights Commission (HRC) project. Using the Citizen Involvement Committee process of
cognitive mapping as an example, he said the HRC wanted to identify the common goals and
vision by constructing a map of the thinking behind citizen involvement. This request needed
approval by the full council since the staff time required would exceed the two-hour rule.
Mr. Lee said he and Mr. Fart had requested the use of Contingency Fund to help offset the cost
of placing portable toilets in the industrial areas and asked about a maximum amount. City
Manager Johnson noted that amount would probably not exceed $8,000. He suggested Mr. Lee
MINUTES--Eugene City Council October 14, 1998 Page 1
11:30 a.m.
ask for the approval of the council to use the funds as an incentive for commercial/industrial
landowners to provide sites for the remaining homeless campers. The City would act as a
partner in this attempt to solve the problem. The money would be spent for rental fees for
portable toilet. Mr. Johnson noted that if the council had no concerns, the request could be
processed as part of the supplemental budget.
Mr. Laue asked for staff to look at traffic problems in the area of the new post office at 33rd
Avenue and Willamette Street. He commented on the Sheldon Fire Station opening, and noted
that when he came to the council four years ago there was no fire service in that area.
Ms. Taylor voiced a concern about having council meetings at sites other than City Hall due to
safety, access, and transportation issues. She objected to the length of the breaks in the
proposed 1999 council calendar, and said the schedule should be decided by the new council.
Ms. Taylor asked the council to take a stand on the building on forest lands issue being heard by
the Lane County Board of Commissioners, or for the members to attend as individuals. The next
point she made was that Farmers Market needed more space, which the council should approve
since the market contributed to bringing people downtown. She said speeding had been an
ongoing problem in her neighborhood. Lastly, she had a concern about recreation opportunities
and wanted to discuss a business income tax or a tax on high-income individuals to cover those
costs other than using property taxes.
Mr. Lee congratulated Alan Pittman of The Eugene Weekly on his new baby girl.
Mr. Fart responded to an editorial in The Register-Guard entitled "Council Turns its Back on
Trees." He stressed that the statement was incorrect and that the council had not and would not
do so. He said the aerial view of Eugene showed that there were many trees in Eugene, and the
councilors' individual records on maintaining the urban forest was very clear.
Mr. Johnson distributed the City Voter's Pamphlet. He asked for the council's direction regarding
Ms. Taylor's concern about outside meeting locations. He said the intent had been to hold the
Budget Committee meeting in the community, particularly in northwest Eugene. Mr. Fart said
there had been prior council discussions about having council meetings in the community, and he
understood that the logistics needed to be a consideration. The Petersen Barn location has a
bus stop in the parking lot, and he felt meetings should be held in the community. Ms.
Nathanson said it was beneficial to have occasional meetings in the community or in the
alternative to schedule public information forums to communicate with and get input from
citizens. She said it was important that the councilors be aware of what was going on in the
entire community. Mr. Meisner agreed that it was valuable to be in the community occasionally,
but items with a citywide focus like the budget hearings should be held at City Hall, and topics
that were more neighborhood-specific could be in the respective area. He agreed that it was
important for the councilors to be in all areas of the city, but citizens should know where to find
the council. He stressed that all meetings should be broadcast. In response to Mr. Lee's
questions, Mr. Johnson said the Petersen Barn meeting had been advertised, and he was not
aware of any complaints. Ms. Taylor said some of her constituents had objected. Mr. Johnson
suggested making this a process issue for the new city council, and continue meeting at City
Hall. Ms. Taylor said she would like to schedule informational meetings with residents for
exchanges of ideas.
MINUTES--Eugene City Council October 14, 1998 Page 2
11:30 a.m.
Mr. Johnson noted that the City was continuing its partnership in the Public Safety Coordinating
Council, and the County had asked for funds for the public information campaign. He said a
request would be in the supplemental budget request coming before the council.
B. Work Session: Land Use Code Update
Planning Commission Chair Bob Conrad stated that the Planning Commission had brought three
items to the council. The first was a request for an extension of the time frame for completing
the Land Use Code Update (LUCU), the second item was a response to the council's request
considering whether to "fast track" a particular item, and the third was a check-in on the goals
and guidelines for the LUCU.
Mr. Conrad outlined the modifications the commission had made to two existing project
objectives and guidelines as a response to citizen comments, and discussion by the
commissioners. An eleventh objective was added to make the cost consideration of the code
update more explicit.
Mr. Tollenaar expressed a concern that the wording of objective 11 was ambiguous, and made a
suggestion for a verbiage change to include long-term impacts. He used site review as an
example of short-term costs versus long-term impacts.
Mr. Conrad said he had no objection to the change in the wording.
Ms. Taylor stated that she wanted to eliminate objective 11, and approach the issues based on
what was needed, not on cost. Mr. Meisner agreed with Mr. Tollenaar that the wording should be
explicit, and noted there was no mention of costs or the benefits of the proposed changes. He
supported the motion. Ms. Nathanson noted that LUCU had listed all the things being enhanced,
improved or fixed, and this had been included in the public discussion.
Mr. Tollenaar moved, seconded by Ms. Nathanson, to update the project
objectives and establish guiding principles that reflect adopted Growth
Management Policies as proposed in the attachment to the agenda and with
the further amendment on objective 11, adding the words "and both
immediate and consequential" after the word "private."
Mr. Laue had a question about the word "consequential." He also wanted to have public benefit
mentioned in Objective 11. Ms. Nathanson asked if Planning staff could craft some wording for
the motion.
Mr. Tollenarr withdrew the motion and Ms. Nathanson withdrew her second.
Mr. Lee suggested having a reception with the groups who had commented on LUCU. Mr.
Conrad said there were over 30 groups, and he would cover this during the discussion on
scheduling.
Mr. Conrad said the second item was a request for an extension of the Planning Commission's
code update schedule. He gave some background on the update process, and said it had been
behind schedule almost from the beginning. The commission had completed about a third of the
code review, staff had taken comments for the commission and, in many cases, prepared revised
MINUTES--Eugene City Council October 14, 1998 Page 3
11:30 a.m.
code text. Public comments were being taken at the commission's work sessions, plus written
comments were still being received.
Mr. Conrad said the interrelatedness of the code sections had slowed down the pace of the
review which was part of the reason for the request. The commission has also made substantial
changes to the code which had been time-consuming. Mr. Conrad said three of the four groups
who commented on LUCU have voiced their support for the process and the extension. The
commission has had a heavy workload with the Arterial Street Collector Plan, the TransPlan
update, appeal hearings, and the Residential Land Study, plus regular business. He said all
these reasons were part of the request for an extension.
Mr. Meisner stressed the importance of sequencing in the review. The council had
acknowledged that the Lane Use Code was the implementation tool for the growth management
policies. He said he would approve the extension, but wanted to preserve the option of fast
tracking some items. He discussed site review and legal notice.
Ms. Nathanson noted that some permitting activities were very objective, while some were more
subjective or discretionary. The community and the council issues had changed since the code
was enacted 30 years ago, so the question was when judgement or discretion was allowed,
would current values and concerns be addressed or would the code as written prevail.
City Attorney Glenn Klein said if the area was one with discretionary authority, his office would
advise staff that any action within the range of discretion that the council had granted was legal.
Staff might impose different conditions today then it did several years ago, yet both were within
the range of acceptable conditions. He said this was a policy question that the Planning
Commission could change.
Ms. Childs stated that discretionary land use decisions usually required a public hearing and
action by a hearings official. Each case must follow the same approval criteria, but the facts
were different which would be why the review of appropriate conditions changed over time.
Ms. Nathanson commented that because overarching growth management policies had been
adopted, she would anticipate that their implementation was proceeding. Mr. Conrad said the
commission had tried to do that in the hearings. Public comments had supported prescriptive
rules with some flexibility and public review, and the commission had been trying to go in that
direction.
Mr. Laue supported an extension, particularly in light of the volume of material to be reviewed
and updated. He said he was not particularly concerned about development pressure in the next
few months.
Ms. Taylor said opportunities were being lost each day the code was not implemented. She said
fast tracking should be considered if an extension was given. She wanted to have all the items
proposed for fast tracking reviewed, especially the establishment of a maximum lot size for Iow-
density residential lots.
Mr. Fart said more time was appropriate, and he was reluctant to turn down the request to not
fast track because it might be confusing to review sections out of order. Mr. Meisner said the
MINUTES-Eugene City Council October 14, 1998 Page 4
11:30 a.m.
extensions to date have put this update almost four years beyond the original deadline. He does
not want to see another extension request, and wanted the fast track option to remain open.
Mr. Lee stated this was a reasonable request for a time consuming project. In response to Mr.
Lee's question on fast track, Mr. Conrad said that would be discussed separately.
In response to Mr. Tollenaar's question, Ms. Bishow explained the State program that provided
technical code assistance to jurisdictions that are interested in updating their codes. The City's
GMS principles were in line with State principles and by extending the time line the City could
receive professional technical code assistance.
Mr. Tollenaar moved, seconded by Ms. Nathanson, to approve the changes
to the project schedule as recommended by the Planning Commission. The
motion was adopted unanimously, 7:0.
Mr. Tollenaar moved, seconded by Ms. Nathanson, to amend Objective 11 by
substituting the following language: in light of public benefits to be achieved
consider costs, both public and private, and both short-term and
consequential in proposed changes to the Land Use Code.
Ms. Taylor voiced her objection to using the word "consequential." Mr. Tollenaar said the intent
was to consider costs, yet not limit that consideration to the immediate impacts, but look beyond
to impacts in the community. After discussion by the members, Mr. Farr recommended the
members move on to the next item, and that unless there was an objection, the amendment and
the motion were withdrawn.
Mr. Tollenaar moved, seconded by Ms. Nathanson, to accept the
recommendation of the Planning Commission to continue review of the draft
code as a whole and not put any Land Use Code amendments on a "fast
track."
For the record, Ms. Bishow distributed an e-mail from Barry Davis supporting fast tracking of the
19-Lot Rule.
Mr. Conrad noted that the commission had made prior decisions not to fast track but because of
repeated requests had tried to come up with a frame work to evaluate fast tracking. He said that
Mr. Van Landingham mentioned that four of the proposed code amendments were fast tracked
before and the results were not effective and had extended the process.
Mr. Klein stated that adopting the motion would not preclude the council putting something on a
fast track at a future date. Mr. Meisner said his goal for the council was to be able to preserve
the option of fast tracking. The council does want the commission to look at maximum lot size,
not as a mandate, but to maintain the fast track option.
Mr. Conrad said the commission recognized the concerns of the council. The code was so
interrelated that the commission had been concerned about taking one section out for
consideration and having the whole code unravel. Mr. Farr said he shared the concerns of both,
but based on the City Attorney's position the council retained the right to request fast track for an
item.
MINUTES--Eugene City Council October 14, 1998 Page 5
11:30 a.m.
Ms. Nathanson recommended that the notice issue be reviewed since it was based on budget
considerations, not on planning procedures.
In response to Ms. Taylor's question, Mr. Fart stated that two councilors could bring a fast track
issue to the council for discussion.
Mr. Conrad explained that, during the Residential Lands Study, the commission looked at the
number and size of lots created between 1996 and 1998. Based on the breakdown, unless
council wanted to set the maximum lot size at 7,000 square feet, it did not seem to be an issue.
He stated that the average lot size was 7,446 square feet. Only six lots were created that were
above a half acre in size. Mr. Meisner said he just wanted to make sure the option remained
open to initiate a code amendment on a fast-track.
Ms. Taylor asked for clarification on the 19 Lot Rule. Ms. Bishow explained the rule and how it
was being implemented.
The motion passed by a vote of 6:1; Ms. Taylor voting no.
Mr. Tollenaar moved, seconded by Ms. Nathanson, to update the project
objectives and establish guiding principles that reflect adopted Growth
Management Policies as stated in the attachment to the staff notes.
Mr. Tollenaar moved, Ms. Nathanson seconded, to amend the motion
substituting the language on Objective 11 as follows: In light of public
benefits to be achieved, consider both public and private costs and short-
term and long-term impacts in proposed changes to the Land Use Code.
The amendment to the motion passed unanimously, 7:0.
The motion, as amended, passed unanimously, 7:0.
Mr. Conrad asked the council if a reception with the groups was necessary. Mr. Lee said the
commission could use its discretion.
B. Information Session: Urban Design Charrette Focus on the New Downtown
Library
Mr. Johnson introduced John Lawless of the American Institute of Architects (AIA), Southwest
Oregon Chapter, who would comment on the design charrette.
Mr. Lawless stated that the goal of the project was to explore physical planning for the new
downtown library. This was seen as a way to address how the library fit into downtown and how
it would effect the urban design evolution of the downtown area. The Local Affairs Committee of
the AIA had spoken with library representatives, citizens, and local professionals, and
coordinated a one-day event to visualize some concepts of the scope and scale of the area. Mr.
Lawless explained that five teams with support people from AIA, Planning, and the library first
came up with what they considered the "big ideas." At the end of the day, the work was
presented and critiqued by the group. The library was the focus site, but some of the peripheral
plans emanated from ideas contained in the West End planning, the South Bank Study, and the
8th Street Historic District.
MINUTES-Eugene City Council October 14, 1998 Page 6
11:30 a.m.
Mr. Lawless referred to the work of the first group as representing a social, cultural, and civic
center anchored by the library. It was seen as a way to regenerate the single-stow buildings and
asphalt that existed and promote a higher density of culture for all ages. He said group two
looked at how a high density of activity centered on the library node created linkages with other
high density nodes. One option was to have the links gain energy from physical activity nodes,
and encourage pedestrian connections to those nodes. The integration of parking and housing
were an important point in this scenario.
Mr. Lawless noted that all the groups saw the library corner as the civic plaza setting the direction
for the area. He talked about possible uses for the Sears building. Some schemes focused on
the area closer to the library, incorporated vacant land as civic space, looked at parking
alternatives, and linkages with other cultural nodes. He noted that all the groups considered
additional housing in the area. The fourth group explored ways to utilize some of the alley ways
as cross connections so development could be more than single-sided. The participants
recommended gateways, scale options, and physically creating a more urban setting by requiring
buildings to be taller than two stories. He reported that the fifth group looked more at the library
itself and the issue of scale. Since these projects were only built every 30 years or so, the group
believed that increasing the density of this critical space was imperative. He said the question of
what could be done to encourage an increase in density was answered by one scheme putting
housing over parking structures, or the library itself.
Mr. Lawless said the material would be put into a booklet, and the AIA would like to start a
dialogue with downtown business owners and land owners to find ways that were more creative
and enhanced the downtown area.
In response to Mr. Meisner's question, Cathy Briner, Acting Co-Director of Planning and
Development Department, said what had been proposed was very consistent with the Downtown
Plan, and she was encouraged that the Sears building area had been included.
Mr. Tollenaar referred to a pamphlet on renewable energy containing suggestions for constructing
public buildings with renewable energy as a public demonstration of feasibility. He recommended
serious consideration of using solar and alternative energy resources for the library.
Ms. Nathanson thanked Mr. Lawless and the Southwest Chapter of the AIA for their participation
in this and the prior urban renewal discussions. This visioning could stimulate revitalization of
the downtown community using public and private sector assets.
Mr. Laue suggested having interior trees in the plan as well as the exterior trees. In response to
a question from Mr. Lee, Mr. Johnson said the ideas generated from the charrette and the council
would go to the library design team. The design team would come back to the council when the
time came for a decision.
Ms. Taylor said her constituents have requested a safe parking situation, maybe a valet service.
She also asked how the citizens for the charrette were chosen. Mr. Lawless stated that the Lane
Arts Council, representatives of the Library, and PDD submitted a list of names and those who
responded were invited to participate.
Ms. Nathanson expressed an interest in preserving open space for a plaza or park on the Library
and Sears sites. Another concern would be lighting for safety and aesthetic benefits; some new
MINUTES--Eugene City Council October 14, 1998 Page 7
11:30 a.m.
or creative approaches were in order. Mr. Fart commented that in this artistically rich community,
his suggestion was for an affordable venue for public theater.
Mr. Farr said that if the council had no objection, Item 4: Public Safety Coordinating Council
Update would be deferred until a subsequent meeting. Mr. Johnson noted the item was an
"information only" item.
The meeting was adjourned at 1:20 p.m.
Respectfully submitted,
Jim Johnson
City Manager
(Recorded by Nancy HafneO
MINUTES--Eugene City Council October 14, 1998 Page 8
11:30 a.m.