HomeMy WebLinkAbout09/13/1982 Meeting
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M I NUT E S
e Eugene City Council
City Council Chamber
September 13, 1982
7:30 p.m.
COUNCILORS PRESENT: John Ball, D.W. Hamel, Mark Lindberg, Gretchen Miller,
Emily Schue, Betty Smith.
COUNCILORS ABSENT: Brian Obie, Cynthia Wooten.
Regular meeting of the City Council of the City of Eugene, Oregon, was called to
order by His Honor Mayor Gus Keller.
1. PUBLI C HEAR I NGS
A. Rezonings
1. Property located between the Amazon Canal and 17th Avenue on the
west side of Chambers street from RG Garden Apartment Residential
district to RP Residential/Professional district with concurrent
sign district boundary change from Residential sign district to
Professional Office Sign District (Amazon Land Company) (Z 82-9)
e (memo, map, background information distributed)
City Manager Micheal Gleason introduced Jerry Jacobson, Planning. Mr. Jacobson
said that the applicant requested a change of zone from RG Garden Apartment
Residential to RP Residential/Professional District for approximately two and
one-half acres of property located on the west side of Chambers Street between
17th Avenue and the Amazon Canal. He said that the property currently is used
for a medical clinic and offices. Mr. Jacobson said that the property to the
north was zoned for residential use, that properties to the east and south were
zoned for commercial use and were developed commercially, and that property to
the west was zoned for residential use and developed with single-family residences.
Mr. Jacobson noted that the Planning Commission had considered this request on
July 13, 1982, and had unanimously recommended approval. He said that Planning
Commission president Randy Thwing was present to respond to any questions from
councilors.
No ex parte contacts or conflicts of interest were declared by councilors.
Staff notes and minutes were entered into the record.
Public hearing was opened.
Mayor Keller noted that applicant's representative Jim Saul was present and
that Mr. Saul had offered to respond to any questions from councilors.
- MINUTES--Eugene City Council September 13, 1982 Page 1
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Public hearing was opened.
- There being no public testimony, public hearing was closed.
CB 2518--An ordinance authorizing rezoning from RG Garden Apart-
ment Residential district to RP Residential/Professional
district with concurrent sign district boundary change
from Residential sign district to Professional-Office
sign district for property located between the Amazon
Canal and 17th Avenue on the west side of Chambers
Street.
Ms. Schue moved, seconded by Ms. Smith, that findings supporting
the rezoning as set forth in Planning Commission staff notes
and minutes of July 13, 1982, be adopted by reference thereto;
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. Roll call vote; motion carried
unanimously.
Council Bill 2518 was read the second time by council bill number only.
Ms. Schue moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All councilors present
voting aye, the bill was declared passed and numbered 19020.
2. Property located west of Garfield Street between 6th and 7th
e avenues from M-2 Light Industrial district to C-2/SR Community
Commercial district with site review procedures (Farwest/Big Y)
(Z 82-11) (memo, map, background information distributed)
Mr. Gleason introduced Jerry Jacobson, Planning. Mr. Jacobson said that several
owners of property located between 6th and 7th avenues, west of Garfield Street
were requesting a change of zone from M-2 Light Industrial District to C-2
Community Commercial District. He said that the site included approximately
8.8. acres. Mr. Jacobson said that the zoning of surrounding properties was a
mixture of M-3, M-2, and C-2 zones and noted that property owned by Luther
Steinhauer to the west of the site had recently been zoned from M-3 to C-2.
Mr. Jacobson said the Planning Commission had voted 5:2 to recommend approval.
No ex parte contacts or conflicts of interest were declared by councilors.
Staff notes and minutes were entered into the record.
Public hearing was opened. Mayor Keller noted that applicants' representative
Jim Saul was present to respond to any questions from councilors.
There being no public testimony, public hearing was closed.
CB 2519--An ordinance authorizing rezoning from M-2 Light Indus-
trial district to C-2/SR Community Commercial district
with site-review procedures for property located west of
Garfield Street between 6th and 7th avenues.
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MINUTES--Eugene City Council September 13, 1982 Page 2
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Ms. Schue moved, seconded by Ms. Smith, that findings supporting
the rezoning as set forth in Planning Commission staff notes
- and minutes of July 13, 1982, be adopted by reference thereto;
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. Roll call vote; motion carried
unanimously.
Council Bill 2519 was read the second time by council bill number only.
Ms. Schue moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All councilors present
voting aye, the bill was declared passed and numbered 19021.
B. Bethel-Danebo Refinement Plan Update (memo attached; background
information distributed)
Mr. Gleason introduced Bill French, Planning. Mr. French distributed copies of
a letter on this item from Henry and Wave Goertzen of Danebo Flowers and noted
that the letter had not been received in time for inclusion with information
previously distributed to the council on this item. Mr. French said that the
plan, before the council was an update of an earlier plan, adopted in 1975, and
represented a refinement to the Metropolitan Area General Plan. He said that
the plan covered most of Northwest Eugene and included land represented by the
Active Bethel Citizens and Bethel Triangle neighborhood associations. He noted
that the plan covered both property inside the City limits and property outside
the City limits but within the urban growth boundary. Mr. French said that the
urban growth boundary had been extended west to Greenhill Road under provisions
e of the Metropolitan Area General Plan. Mr. French said that the boundaries of
the study area were, generally, Greenhill Road on the west, the City limits on
the north, the area between residential and industrial uses, including Roosevelt
Boulevard, on the south, and the Southern Pacific Railroad yards to the east.
Mr. French noted that the Metropolitan Area General Plan had designated three
development nodes in the Bethel-Danebo area and said that the plan update had
been used to locate and to describe land uses within those nodes. He said that
the first node was located on the north side of Barger Avenue between Highway 99
North and Beltline Road and included five acres designated for commercial use,
16 acres for high-density residential use, and 71 acres for medium-density
residential use. He said that the second node had been located at the southwest
corner of the intersection of Royal and Danebo avenues and would include ten
acres of commercial property and 30 acres for medium-density residential use.
Mr. French said that demand for the third node would probably not occur for
fifteen to twenty years. He said that this node was planned for the north side
of Royal Avenue, approximately midway between Terry Street and Greenhill Road
and would include 5 acres for commercial use and 20 acres for medium-density
residential development.
Mr. French said that development of these three nodes would help in fulfillment
of City energy and transportation policies, would provide a balance for future
development, would make available a variety of housing types in the Bethel-Danebo
area, and would allow people in the area to live near employment centers.
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MINUTES--Eugene City Council September 13, 1982 Page 3
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Mr. French said that there had been good citizen input on planning teams for the
. update and that planning team members had provided information on the update to
the Active Bethel Citizens and Bethel Traingle neighborhood groups. He noted
that both organizations had made positive recommendations to the Planning
Commission in support of the update.
~Ir. French noted that three major issues had been raised at the Planning Commission
hearing. He said that the first issue involved parks development in the area
west of Highway 99 represented by the Active Bethel Citizens. He said that, in
response to this concern, the Planning Commission had recommended inclusion in
the plan of a request that parks development in this area be made a priority in
the implementation of the Parks Master Plan Update. He said a second issue was
concern among Bethel Triangle residents that there be sufficient opportunity for
citizen input regarding future improvements planned for Roosevelt Boulevard
between Garfield Street and Highway 99 North. Mr. French said that the third
major issue brought before the Planning Commission involved Proposal 1-b on page
20 of the plan draft. He said that this proposal dealt with three parcels of
land on the south side of Roosevelt Boulevard between Garfield and Cleveland
streets and noted that two of these parcels contained a mix of residential and
light industrial uses. He said that the suggestion in proposal 1-b was to
rezone those parcels for residential use. Mr. French said that the Planning
Commission had felt that light industrial uses were appropriate for the area and
had therefore recommended deletion of that portion of the proposal.
Mr. French noted that a correction needed to be made to the southwest portion of
the land use map accompanying the plan. He referred to Exhibit B of distributed
materials for the corrected map. ~w. French noted that the Planning Commission
e had voted to recommend adoption of the plan with the corrections and revisions
set forward in Exhibits A and B.
Mr. Gleason noted that the council had previously held a work session and
received information on the plan update.
No ex parte contacts or conflicts of interest were declared by councilors.
Staff notes and minutes were entered into the record.
Public hearing was opened.
Tony Mounts, 5167 Trevon, thanked the council for the staff time that had been
devoted to preparation of the update and for the excellent job Mr. French had
done of educating participants regarding the planning process. Mr. Mounts said
that at the Planning Commission hearing the question had been raised of the
adequacy of open space to be provided in and near the development node north of
Barger Drive between Beltline Road and Highway 99 north. He supported the
acquisition of more parkland in that area and the use of the planned unit
development process as a means of providing open space. Mr. Mounts referred to
the statement in the update that the open space surrounding Cascade School was
not adequate to serve the development node in that area. Mr. Mounts recommended
adoption of the plan, as amended by the Planning Commission.
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MINUTES--Eugene City Council September 13, 1982 Page 4
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Larry Wibbenmeyer, 2248 Golden Garden, thanked the Planning staff for its work
on the plan and said participants in the planning process were very satisfied
e with the plan and the process. Mr. Wibbenmeyer said he was co-chairperson of
the Active Bethel Citizens and noted that organization's approval of and support
for the update. He referred to ABCls longstanding concern regarding the lack of
park space in the ABC area. He said that the City had a goal of providing 15
acres of parkland per 1,000 residents. He said that citywide 14.7 acres per
1,000 people were provided but that in the Bethel-Danebo area the ratio was only
7.1 acres per 1,000. He referred to figures for developed parkland and noted
that there were 2.9 acres of developed parkland per 1,000 population citywide,
but only .75 acres for the Bethel-Danebo area. He said that Bethel-Danebo had
less than one-fourth of the developed parkland available in the rest of the City
and that he therefore felt taxpayers of the Bethel-Danebo area were not receiving
the City services they were paying for. Mr. Wibbenmeyer referred to the policies
on pages 27 and 28 of the plan. He sugggested that the policies be listed in
order of priority, with policies numbered 5 and 6 placed at the top of the
list.
Richard E. Miller, 260 East 11th Avenue, represented Mel Lemmon, 5580 Barger
Drive, owner of Mel's Marine, a business located on the south side of Barger
Drive just outside the City limits. Mr. Miller said that Mr. Lemmon requested
an amendment to the plan so that his property and possibly the nursery and
auction house located to the east and west of his business could be designated
as a fourth commercial node in the plan. Mr. Miller noted that Mr. Lemmon had
filed his request on August 2, 1982, after the Planning Commission hearing.
He said that Mr. Lemmon had talked with almost all the members of the neighborhood
planning team and that they supported this amendment to allow his business to
continue at its present location. Mr. Miller submitted a petition to this
e effect signed by two members of the Bethel-Danebo Refinement Plan Update Advisory
Committee.
Mr. Miller said that Mr. Lemmon's application for a conditional use permit for
his business had been approved by Lane County but that the approval had been
appealed to the Oregon Supreme Court. He said that the amendment Mr. Lemmon
requested to the plan update would allow him to continue to operate his business
at its present location. Mr. Miller said that the request was to add eight
acres to the plan update as a commercial node south of the Ohio, Wisconsin, and
Dakota streets area. He said that if the council was not interested in adding
the nursery and auction house properties, the amendment could be just for the 3
acres of Mr. Lemmon's marine business. Mr. Miller said that there was demonstrated
public need for this economically profitable business and that maintaining the
facility on its existing site would be a good use of the land, would be in
keeping with the City's policy of compact urban growth, and would preserve a
distinctive quality in the area. Mr. Miller submitted petitions in support of
the amendment and noted that the business is a regional facility, drawing
customers from outlying areas. He noted that the facility is ideally located
for transportation, without causing traffic problems, of boats to be serviced.
Mr. Miller said that the land in question is not good agricultural land, since
it is mostly fill. Mr. Miller urged the council to consider this amendment to
the refinement plan.
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MINUTES--Eugene City Council September 13, 1982 Page 5
Melvin Lemmon, 5580 Barger Drive, said his residence was located just to the
west of the marine business. He said that a prime factor in the location of his
. business was proximity and accessiblity to Fern Ridge Lake. He noted that the
property on which the business was located was homesteaded by his wife's family
in the 1890's. He said that the business had been at that location since 1976
and had enjoyed good relations with neighbors and that his request for an
amendment had the support of neighbors and customers of the business.
Mr. Lemmon thanked planning team members for the time they had spent in
developing the update.
Henry Goertzen, 4669 Royal Avenue, referred to his letter of September 8, 1982,
which Mr. French had distributed to councilors at the beginning of the hearing.
He said his business, Danebo Flowers, had been at the same location for 30 years
and that he had owned the business for ten years. He said that neighbors had
accepted the business and that the business was an asset to the community.
Mr. Goertzen said that Danebo Flowers was currently a non-conforming use and
asked that the refinement plan be amended to make the business eligible for the
zoning needed to continue at that location without any limits on its future
growth.
There being no further public testimony, public hearing was closed.
Mr. French addressed the concerns that had been addressed during public testimony.
Referring to Mr. Mounts' concern regarding parkland, ~r. French said that the
Parks Department was pursuing acquisition of parkland in the area and that the
planned unit development process would aid in creating open space. Regarding
Mr. Wibbenmeyer's concern for the priorities assigned to the policies on pages
e 27 and 28, Mr. French said that the policies were not arranged by priority.
Referring to Mr. Miller's and Mr. Lemmon's testimony regarding existing commercial
uses, Mr. French said that decisions regarding allocation of commercial land in
the Bethel-Danebo area were based on extensive research and technical work done
as a part of the Metropolitan Plan update process and on projected population
and demand figures. He said that the three nodes provided for in the refinement
plan would provide adequate commercial land in the Bethel-Danebo area to meet
that demand. Mr. French noted that approximately one-half of the 4.5 acres of
commercial land in the vicinity of East and West Irwin streets is undeveloped
and that no further commercial land was needed in the area.
Mr. French said that future code revisions would consider all non-conforming
uses in the City and that every effort would be made to maintain those uses.
Pat Decker, Planning, noted that the policies in the plan update were not listed
in priority. She said that the Planning Commission had recommended that a
seventh policy he added to the Parks section of the update, to indicate that
park development in the Bethel-Danebo area should be a priority in the first
phase of implementation of the Parks Master Plan and that Bethel Park should be
maintained at its currently designated location. Ms. Decker noted that staff
had contacted Lane County regarding the status of the Lemmon property. She said
that at the time of award of a conditional use permit for the business in 1976,
the County Hearings Official had said that the use as a marine business was only
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MINUTES--Eugene City Council September 13, 1982 Page 6
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appropriate until such time as the land was needed for residential use. Again,
in 1980, when the permit was renewed, the Hearings Official had reiterated that
e the land was suitable for residential use and that the existing use would not be
appropriate once that residential use was in place.
Ms. Decker said that the Danebo Flowers property was annexed to the City in
1964. She said that in the upcoming revision of the Land Use Code, every effort
would be made to find more permanent status for non-conforming uses in the City
on a case-by-case basis. Ms. Decker said that the existing use of the land
appeared to be compatible with surrounding residential uses, but that designating
the property suitable for general commercial use could cause problems in the
future. She suggested that if Mr. Goertzen is not satisfied with the resolution
of his problem through the code update, he can seek other remedies after the
update.
Councilor Ball asked that the policies on pages 27 and 28 be reordered, with
policies 5 and 6 and proposed policy 7 placed at the beginning of the policy
listing. Staff said there would be no problem with this rearrangement.
Mr. Ball reiterated concerns regarding the provision of adequate parkland in the
area north of Barger Drive between Beltline Road and Highway 99. He did not
feel that the private open space that would be provided through the planned unit
development process could be considered as filling the parkland needs for that
area. Mr. Gleason responded that the City attempts to provide parkland for
passive use adjacent to residential areas, while parklana for active use, such
as sports, is usually provided in regional facilities.
Councilor Ball said his understanding from the testimony presented and from
e staff response was that Mr. Lemmon could possibly lose his business when the
area becomes residential but' that Mr. Lemmon was informed that this was the case
as the business was developing. Ms. Decker said that this was the City staff's
understanding from reading the record of the Lane County Hearings Official's
statements regarding the matter. Responding to a question regarding the Goertzen
property, Ms. Decker said that City staff felt extending commercial use farther
along Barger Drive was not in the best interests of the Bethel-Danebo area,
since this would be an extension of the existing commercial strip.
Councilor Ball commended the citizens of the area and the Planning staff for the
work on this update and said he felt the citizens of Bethel-Danebo would be well
served by the updated plan.
Councilor Hamel said that the Joint Parks Committee had done its best to address
the concerns of the Bethel-Danebo area in the Parks Master Plan Update.
After further discussion of the concerns surrounding future use of the Lemmon
and Goertzen properties, the Mayor and councilors requested that the two property
owners be placed on a mailing list and informed when the code revisions affecting
their situations are reviewed.
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MINUTES--Eugene City Council September 13, 1982 Page 7
Res. No. 3716--A resolution adopting the Bethel-Danebo Refinement
e Plan Update and repealing Resolution No. 2468.
Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution,
incorporating the suggestion made by Councilor Ball to rearrange
the policies on pages 27 and 28 of the plan by inserting policies
5 and 6 and the Planning Commission's recommended policy 7 as new
policies 1, 2, and 3. Roll call vote; motion carried unanimously.
C. Eugene Prime Sponsor (CETA) FY83 Program Plan (memo, background
information distributed)
Mr. Gleason introduced Doug Booth, City CETA Director. Mr. Booth said that the
council was annually asked to approve the City's CETA application. He said that
the current CETA program will terminate on September 30, 1982, and that the
future of the program is unclear. He said that the Department of Labor had
requested that the City submit an application despite this uncertainty. He said
that the grant application presented to the council was based on continuing the
existing program at a reduced level. He said the grant was based on a FY83
funding level of $877,337 compared with a FY82 funding level of approximately
$1.9 million. Mr. Booth said that the action requested from the council would
have the effect of formally indicating the City's interest in continuing as a
prime sponsor.
Public hearing was opened.
There being no public testimony, public hearing was closed.
e Ms. Schue moved, seconded by Ms. Smith, to approve the FY 83
Eugene Prime Sponsor program plan submission, subject to subsequent
approval of major changes required during the first program
quarter of next year to adapt to new legislative requirements and
funding levels.
Mr. Gleason said that it was very difficult to proceed with plans for the future
of the CETA program, since the future of Federal regulations and the, content of
the program are unknown. Councilor Lindberg said that the subcommittee on
employment and training had sent testimony to Washington in support of the
grandfathering of existing prime sponsors into any new CETA program. He said
that as this matter is considered in Congress, the Mayor will need to act
swiftly to communicate the City's needs to Oregon's delegation.
Roll call vote; motion carried unanimously.
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MINUTES--Eugene City Council September 13, 1982 Page 8
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D. Public Works Contract Awards (tabulations attached)
1. Storm sewer on Rio Glen Drive at Willagillespie Road (Job No.
. 2026)
2. Sidewalk construction on Goodpasture Island Road fro~ Norkenzie
Road to Tabor Street; Echo Hollow Road at Boston Lane; East 46th
Avenue at Fox Hollow Road and on the north side of Kimberly Drive
east of Spring Boulevard (Job No. 2056)
3. Paving apron "E" on Mahlon Sweet Field (Job No. 2049)
Mr. Gleason introduced Bert Teitzel, City Engineer. Mr. Teitzel said staff
recommended holding the award for item 2 until the effect of proposed Ballot
Measure 3 on such assessments can be determined. Mr. Gleason explained that the
City cannot sell warrants as a result of the pending ballot measure and would
therefore wait until after the election to make a decision on proceeding with
this project. Mr. Teitzel said staff recommended awarding the other contracts
to the lowest bidders.
Public hearing was opened.
There being no public testimony, public hearing was closed.
Ms. Schue moved, seconded by Ms. Smith, to award the contract for
Job. No. 2026 to the lowest bidder, Wildish Construction Company.
Roll call vote; motion carried unanimously.
e Ms. Schue moved, seconded by Ms. Smith, to award the contract for
Job. No. 2049 to the lowest bidder, Wildish Construction Company.
Roll call vote; motion carried unanimously.
Item 2 was postponed pending outcome of Ballot Measure 3 on the November 2,
1982, election.
II. ORDINANCE FOR FIRST READING: LEVYING OF ASSESSMENTS/REFERRAL TO ASSESSMENT
HEARING PANEL
CB 2520--An ordinance levying assessments for sanitary sewer
within Havenwood PUD (81-12).
Ms Schue moved, seconded by Ms. Smith, that the bill be read the
first time and referred to the assessment hearing panel for
hearing September 20, 1982, with panel recommendations to be
brought back for council consideration September 27, 1982.
Roll call vote; motion carried unanimously.
Meeting was adjourned to September 15, 1982.
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(Recorded by Darcy Marentette)
MDG:DCM:dcm/CM26b10
/ September 13, 1982 Page 9
MINUTES--Eugene City Council
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- ENGINEERING DIVISION
Bid No: 9
Opened: September 10, 1982
l. Storm Sewer on Rio Glen Drive at Willagillespie Road (job No. 2026)
Contract Cost
Bidaers
A\~ARD 1. Wildish Construction Co. -~-------------- $ 22,222.00
2 . Eugene Sand & Gravel Inc.----------------- $ 23,710.00
3. Morse Bros. Contractors, Inc.------------- $ 28,512.00
4. Dannemi11er Construction-----------------_ $ 36,842.84
5. Staton Construction----------------------_ $ 39,908,20
Cost to Abutting Property Cost to City Amount Budgeted
-0-' $ 24,500.00 $ 21 ,800 .00 (531)
COr.1pietion Date: October 22, 1982
--~-----------------------------------------------------------------------------------------------
2. Sidewalk Construction on Goodpasture Island Road from Norkenzie Road to Tabor
Street; Echo Hollow Road at Boston Lane; East 46th Avenue at Fox Hollow Road and on
the north side of Kimberly Drive east of Spring Boulevard (Job No. 2056)
Contract Cost
Bidders
AWARD 1. A. E. Associates -------------___________ $ 3,340.82
r, Concrete Unllmited -----------___________ $ 4,181.75
i. .
j. Tomls Concrete Inc. ----------------_____ $ 4,272.15
L; . Kip Construction Co. ----------__________ $ 4,739.35
5. MorSE Bros Contruction Co. -------_______ $ 7,992.75
6. wildish Construction Co. -----------_____ $ 9,714.00
7 . Serenity Builders -------------__________ $ 11,336.95
Cost to Abutting Property Cost to City
4" Sidewalk $ 2.00/SF -O-
S" Sidewalk $ 2.30/ SF
eCcmp1etion Date: October 22, 1982
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ENGINEERING DIVISION
Opened: September 2, 1982
l. Improvements to Mahlon Sweet Field for 1982, ADAP Project No. 6-41-0018-07
(Job No. 2049)
Contract Cost
Bidders
AHARD l. Wildish Construction Co. ---------------- $139,943.40
2. Eugene Sand & Gravel Inc.----------------- $161,203.45
3. Morse Bros. Contractors, Inc.------------- $166,402.00
e Cost to FAA Grant 6-41-0018-07 Cost to City Amount Budgeted
$ 144,840.96 $ 16,093.94 $20,000.00 (511)
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