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HomeMy WebLinkAbout04/11/1983 Meeting (2) e e - M I NUT E S Eugene City Council City Council Chamber April 11, 1983 7:30 p.m. COUNCILORS PRESENT: John Ball, Richard Hansen, Freeman Holmer, Mark Lindberg, Emily Schue, Betty Smith, Cynthia Wooten. COUNCILOR ABSENT: Brian Obie. Regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. PUBLIC HEARINGS Sign District Boundary Change Requests for: 1) Property located generally along Country Club Road and Willagil- lespie Road from Club Road to Valley River Drive from Residential Sign District to Professional Office Sign District (City of Eugene: Country Club Road) (SD 83-1); 2) Property located on the northwest corner of 19th Avenue and Hilyard Street from Residential Sign District to Outlying Commer- cial Sign District (City of Eugene: 19th and Hilyard) (SD 83-2); 3) Property located at the southeast corner of 32nd Avenue and Donald Street from Residential Sign District to Outlying Commer- cial Sign District (City of Eugene: 32nd and Donald) (SD 83-3); 4) Property located along the south side of 10th Avenue between Grant and Chambers streets from Residential Sign District to Profession~ Office Sign District (City of Eugene: 10th Avenue) (SD 83-4) (maps, background information distributed) City Manager Micheal Gleason noted that the council could hold a public hearing on all four requests at once. He introduced Jerry Jacobson, Planning. Mr. Jacobson said that the first request involved 32 tax lots ~ong Country Club Road, which were presently zoned RP Residential Professional and that the sign district became non-conforming when the property was annexed in 1969. He noted that the Planning Commission had voted 5:0 to recommend approval of the request. A. Mr. Jacobson said that the second request was for a change from Residential Sign District to Outlying Commercial Sign District. He noted that the subject property was surrounded by land zoned for residential use and that the Planning Commission had voted 6:0 to recommend denial of the request. Mr. Jacobson said that if the council voted to approve the request, a joint meeting of the Planning Commission and the council would need to be held to discuss the item. MINUTES--Eugene City Council April 11, 1983 Page 1 e Mr. Jacobson said that the third request involved property zoned C-1 Neighborhood Commercial. He said that the sign district for the property was presently residential and that the request was for Outlying Commercial. He noted that the Planning Commission had voted 6:0 to recommend approval of the request. Mr. Jacobson said that the fourth request was for property zoned C-2 Community Commercial. He said that a change was requested from the present Residential Sign District designation to Professional Office Sign District. He noted that staff had suggested the Professional Office Sign District rather than a commercial sign district because the area of the request had been identified in the Jefferson/ Far West refinement plan as a transition area between residential and commercial uses. Mr. Jacobson said that the Planning Commission had voted 6:0 to recommend approval of the request. 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. There being no public testimony, public hearing was closed. Responding to a question from Councilor Hansen, Ms. Schue said that the council would consider the second request, for which the Planning Commission had ~commended denial, after the other items. e CB 2621--An ordinance authorizing a sign district boundary change from Residential Sign District to Professional Office Sign District for property located generally along Country Club Road and Willagillespie Road from Club Road to Valley River Drive. Ms. Schue moved, seconded by Ms. Smith, 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 2621 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 19122. CB 2622--An ordinance authorizing a sign district boundary change from Residential Sign District to Outlying Commercial Sign District for property located at the southeast corner of 32nd Avenue and Donald Street. Ms. Schue moved, seconded by Ms. Smith, that the bill be ~ad the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. e MINUTES--Eugene City Council April 11, 1983 Page 2 " e Ms. Schue moved, seconded by Ms. Smith, that the bill be read the second time by council bill number only, wi th unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried unanimously. Council Bill 2622 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 19123. CB 2623--An ordinance authorizing a sign district boundary change from Residential Sign Di strict to Professional Office Sign District for property located along the south side of 10th Avenue between Grant and Chambers streets. Ms. Schue moved, seconded by Ms. Smith, 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 2623 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 council ors present voting aye, the bill was declared passed and numbered 19124. e Ms. Schue moved, seconded by Ms. Smith, based on the recommendation of the Planning Commission at its meeting on March 15, 1983, and on the testimony and minutes of the meeting, that the City Council deny the request for si gn di strict boundary change from Residential District to Outlying Commercial District involving property at 19th Avenue and Hilyard Street. Roll call vote; motion carried unanimously. B. Annexation/Rezoning Requests 1. Property located between the Willamette River and River Road, north of Lombard Lane, from County RA Suburban Residential District to City R-2 Limited Multiple-Family Residential District (Ronald and Carri e Peti tti) (A/Z 83-1) (map, background infonnation distributed) Mr. Gleason introduced Terry Jones, Planning. Ms. Jones stated that this was a privately initiated request for a parcel of approximately 2.3 acres which is contiguous to the City on its south and east boundaries. She said the property is currently developed with a house and a small church and is zoned County RA Suburban Residential. She noted that the Planning Commission had voted 6:0 to recommend approval of the request. e MINUTES--Eugene City Council April 11, 1983 Page 3 e e e Councilor Wooten referred to the minutes of the Planning Commission discussion and to the site map of the request. She asked what development was proposed for the site and what the impact of the requested change would be on the Willamette River. Ms. Jones responded that there was no firm development proposal as yet but that development would probably be for multi-family use. She said that the entire parcel was located within the Willamette River Greenway and that any development would therefore go through a Greenway compatibility review which is a review process similar to the conditional use process. She said that landscaped buffering would probably be required ~ong the river bank side of the parcel. Ms. Wooten asked if public access to the river would be required through the property. Ms. Jones said that this would need to be reviewed by the Parks Department when the property is developed and noted that there is public access within 300' of the parcel. Responding to a question from Ms. Wooten, Ms. Jones said that referrals on the request had been sent to the Whiteaker Neighborhood Organization and the River Road Community Group and that neither group had responded or commented on the request. Councilor Lindberg asked if the time might come when the City Fire and Police departments would respond to such annexation referrals with an indication that, given their current budget/staffing, they could not expand service to cover further annexations in this area. Mr. Gleason responded that arrangements had been worked out with outlying service districts for remitting service coverage funds. Councilor Hansen asked if Tax Lot 1100 had been invited to join in the annexation/ rezoning. Ms. Jones said that the sign manufacturing business located on this parcel would be a non-conforming use if the property were annexed to the City and that annexation had therefore not been pursued. Councilor Wooten asked if the annexation were necessary so that the property could be serviced with City sewers. Mr. Gleason responded that this was the case. Ms. Wooten asked how the property could be developed if it were not annexed. Mr. Gleason responded that the area was currently under an order from the Department of Environmental Quality and that unless an adopted plan for sanitary sewer service were developed for the area the DEQ would recommend that a cease and desist order be issued. Ms. Jones said that under the present DEQ limitation, there was a density limit of 1-1/3 acre per dwelling unit for development without sanitary sewers. 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. Speaking in favor of the request: MINUTES--Eugene City Council April 11, 1983 Page 4 e Ronald Petitti, 435 River Road, said he was the owner of the subject property. He said that he wanted to have the property annexed to obtain City services, as provided through the guidelines of the Metropolitan Area General Plan. He said he believed his request followed the guidelines and objectives of the plan. Speaking in opposition to the request: Don Williams, 107 Mayfair, said that the applicant had not brought the request before the River Road Community Organization and that that group had not discussed the matter at a formal meeting. He said that an effort was under way to incorporate the area and that piecemeal annexations to the City of Eugene were hurting that effort. Mr. Williams noted that the City had previously mailed a tabloid of information to the residents of the River Road area and that this tabloid had said piecemeal annexations should be avoided. Speaking with rebuttal: Mr. Petitti noted that the Planning Department had notified the River Road Community Organization of the proposed annexation and that the group had neither contacted him nor responded to the referral. Ms. Jones reiterated that referrals had been sent to the River Road Community Organization and to the Whiteaker Community Council on February 23 and that neither group had responded. There being no further testimony, public hearing was closed. e Res. No. 3763--A resol ution forwardi ng a recommendation to the Boundary Commission for annexation of property located between the Willamette River and River Road, north of Lombard Lane, to the City of Eugene and the Lane County Metropolitan Wastewater Service Di strict. Ms. Schue moved, seconded by Ms. Smith, that findings supporting the annexation as set forth in Planning Commission staff notes and minutes of March 15, 1983, be adopted by reference thereto; and that the resolution be adopted. Councilor Lindberg referred to the tabloid mentioned by Mr. Williams and said that the City has been consistent in its policy in the River Road area of phased urban growth through VOluntary annexation. He therefore did not agree with the accusation of piecemeal annexation. CB 2624--An ordinance authorizing rezoning from County RA Suburban Resi denti al Di strict to City R-2 limi ted Mul ti pl e-Family Residential District for property located between the Willamette River and River Road, north of Lombard Lane. e MINUTES--Eugene City Council April 11, 1983 P ag e 5 e Ms. Schue moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of March 15, 1983 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 2624 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. Councilor Wooten said she hoped staff would try to ensure that public access to the Willamette River and the Greenway was protected when the property was developed. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 19125. e 2. Property located on the west side of the Willamette River, south of Beltline Road from County RA Suburban Residential District to City PL Public Land; and from County AGT Agriculture, Grazing, and Timber Raising District, M-2/SR Light Industrial District with Site Review Procedures, C-3 Commercial District to City 1-2 Light- Medium Industrial District and application of City Industrial Sign District (City of Eugene: Metro Wastewater) (A/Z 83-2) (map, background information distributed) Recommended approval by Planning Commission March 15, 1983 Vote--6:0 Mr. Gleason introduced Tom Hayes, Planning. Mr. Hayes said that the request involved 48 acres, 44 of which were developed with the Metropolitan Wastewater Treatment Plant. Mr. Hayes said that prior to the time of the Planning Commis- sion action on this request, staff had invited the owners of several properties north of River Avenue to join in the request. He noted that seven tax lots had joined the request. Mr. Hayes then referred to letters of March 15 and April 11 from Richard Korobkin, which had been distributed to councilors. He said Mr. Korobkin had disagreed, at the time of Planning Commission consideration of the request, with the zoning suggested for his property. Mr. Hayes said that the Planning Commission had asked staff to work with Mr. Korobkin to resolve this problem and noted that although such efforts had been made, no agreement was reached. Mr. Hayes said that Mr. Korobkin wished to withdraw his property, Tax Lots 3100, 3200, and 3300, Assessor's Map 17-03-13-0 0, from the request, since he did not wish to have his property zoned 1-2 Light-Medium Industrial District. Mr. Hayes said that staff had recommended the 1-2 zoning based on the mixture of uses in the area, which were more industrial than commercial, and that staff recommended the council accept withdrawal of the lots and consider commercial zoning at a future time on a case-by-case basis. Mr. Hayes noted that if the council decided to approve the withdrawal of Mr. Korobkinls lots and to approve e MINUTES--Eugene City Council April 11, 1983 Page 6 - the remainder of the requests, two separate resolutions would be needed, since the remaining parcels would not be contiguous. He said that Resolution No. 3764 would also need to be amended to withdraw Mr. Korobkin's lots and that portion of Beaver Street associated with the lots. The council would then take no action on Council Bill 2627. Mr. Hayes said that, excluding the Korobkin parcels, there were 48 acres involved in the request, with property to the north zoned County RA and SG/Sand and Gravel; property to the west zoned City PL and developed with the Eugene treat- ment plant; and with the Willamette River and Goodpasture Island to the east and south. He noted that portions of Beltline Road, River Avenue, and Ross Lane were involved in the request. Responding to a question from Councilor Smith, Mr. Hayes said that the withdrawal of the Korobkin parcels from consideration would be consistent with the Planning Commission recommendation. Councilor Wooten asked why staff had invited other property owners to join in the request. Mr. Hayes responded that this was a routine practice if parcels were identi fied that could logically be annexed at one time. Responding to a question from Councilor Hansen, Mr. Hayes said that those who had been contacted but who had not expressed interest in annexing had not been incl uded in the request. 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. Speaking in opposition to the request: Don Williams, 107 Mayfair, asked why a metropolitan plant should be annexed to the City of Eugene. He objected to the City's practice of approaching property owners to join in an annexation. He said that efforts were under way in the River Road/Santa Clara area to incorporate a new City and that creating this "island" of City of Eugene land did not make sense. He also objected to annex- ation of roads adjoining the properties. Vora Heintz, 1038 Jayne, said that the City of Eugene had previously said it would only annex properties in the area that vol unteered for annexation but that the City was violating this policy by actively seeking parcels to join the annexation. She said that irregular and illogical island annexations were being made and that she fel t the Ci ty was annexi ng roads in an effort to surround properties that had not previously been interested in annexation. She said the proposed annexation was not in conformance with the River Road ~finement plan or with the floating node identified in the Metropolitan Area General Plan. Tom Heintz, 1038 Jayne, said that he was opposed to this annexation and to 1 eapfroggi ng. There being no further testimony, public hearing was closed. e MINUTES--Eugene City Council April 11, 1983 Page 7 e e e Mr. Hayes said that the City had initiated this annexation for City-owned property contiguous to the City limits. He noted that services could be provided to the property in a logical and timely manner. He said that annexation of streets was often done, especially if property on both sides of the streets was annexed, because this provided for a logical delivery of services. He noted that all the property owners involved had petitioned for annexation. Mr. Hayes said that the proposed annexation was in conformance with the Metropolitan Area General Plan but that it was unclear from the plan whether the area should be used for commercial or industrial uses. He noted that in cases where the general plan conflicts with refinement plans, the general plan takes precedence. Mr. Gleason noted that if the City does not notify nearby properties of such annexations, the City must then spend staff, Planning Commission, and council time on numbers of sequential appl ications for the same area. Councilor Wooten said she was uncomfortable with the proposal and felt the City should not be approaching people to join in annexations. Mayor Keller disagreed and felt that the City would not be doing its jOb if it failed to notify property owners of annexations near their property. Mr. Gleason noted that the land use allocations used in development of the Metropolitan Plan were based on provision of sanitary sewers in the River Road area. He said that the City had been flexible and had maintained a policy of voluntary annexation. He contrasted this with the massive annexation of the Danebo area. Councilor Wooten said that she favored annexation of the sewage treatment pl ant but not of the remaining parcels and that if these could not be separated she woul d oppose a moti on to annex. Responding to a question from Councilor Schue, Mr. Hayes said that property owners who join in an annexation save the $600 City fee for such applications and can split the cost of the Boundary Commission process. Res. No. 3764--A resolution forwarding a recommendation to the Boundary Commission for annexation of property located on the west side of the Willamette River, south of Bel tl ine Road, to the Ci ty of Eugene and the Lane County Metropolitan Wastewater Service Di strict. Ms. Schue moved, seconded Ms. Smith, that findings supporting the annexation as set forth in Planning Commission staff notes and minutes of March 15, 1983, be adopted by reference thereto; and that the resolution be adopted as amended to include provision for withdrawal from the Santa Clara Rural Fire District and the Santa Clara Water District and to delete Tax Lots 3100, 3200, and 3300, Assessor's Map 17-03-13-0 O. Roll call vote. Motion carried 6:1, with Councilors Ball, Hansen, Holmer, Lindberg, Schue, and Smith voting in favor, and Councilor Wooten voting in opposition. MINUTES--Eugene City Council April 11, 1983 Page 8 e Res. No. 3767--A resolution forwarding a recommendation to the Boundary Commission for annexation of property located on the west side of the Willamette River, south of Beltline Road (Tax Lot 1000--Assessorls Map 17-03-18-0 0), to the City of Eugene and the Lane County Metropolitan Wastewater Service District (withdrawal from River Road Water District and River Road Parks and Recreation District). Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. CB 2625--An ordinance authorizing rezoning from County RA Suburban Residential District to City PL Public Land District fbr property located on the west side of the Willamette River, south of Beltline Road. Ms. Schue moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of March 15, 1983, 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. e Council Bill 2625 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 c~l vote. Motion carried 6:1, with Councilors Ball, Hansen, Holmer, Lindberg, Schue, and Smith voting in favor, and Councilor Wooten voting in opposition. The bill was declared passed and numbered 19126. CB 2626--An ordinance authorizing rezoning from County AGT Agricul- tural , Grazi ng, and Timber Rai si ng Di strict to Ci ty 1-2 Light-Medium Industrial District and application of City Industri al Sign Di strict for property located on the west side of the Willamette River, south of Beltline Road. Ms. Schue moved, seconded by Ms. Smi th, that fi ndi ngs supporti ng the rezoning as set forth in Planning Commission staff notes and minutes of March 15, 1983, 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 2626 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. Motion carried 6:1, with Councilors Ball, Hansen, Holmer, Lindberg, Schue, and Smith voting in favor, and Councilor Wooten voting in opposition. The bill was declared passed and numbered 19127. MINUTES--Eugene City Council April 11, 1983 P ag e 9 Council Bill 2627, dealing with the parcels previously withdrawn from consideration, was deleted. e CB 2628--An ordinance authorizing rezoning from County C-3 Commer- cial District to City 1-2 Light-Medium Industrial District and application of City Industrial Sign District for property located on the west side of the Willamette River, south of Beltline Road. Ms. Schue moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of March 15, 1983, 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 2628 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. Motion carried 6:1, with Councilors Ball, Hansen, Holmer, Lindberg, Schue, and Smith voting in favor, and Councilor Wooten voting in opposition. The bill was declared passed and numbered 19128. Mr. Williams asked for clarification of the content of Resolution No. 3767. Mayor Keller responded that staff would discuss this with Mr. Williams after the meeting. e II. CONDEMNATION AUTHORIZATION FOR WEST EUGENE SANITARY SEWER PRESSURE LINE (memo, map, ordinance distributed) Mr. Gleason said that this ordinance would authorize condemnation for construction of the West Irwin pressure line. He noted that the council had previously held public hearings and approved the project. Councilor Lindberg asked how negotiations to purchase the needed properties were proceeding and what the likelihood was of need for condemnations. Public Works Director Don Allen said that appraisals for the properties had been completed. He said staff hoped to have completed negotiations by the end of May and would know at that time whether condemnations were needed. Mr. Gleason urged that specific parcels not be discussed unless the council wished to go into executive session. CB 2629--An ordinance authorizing the institution of proceedings of eminent domain for the acquisition by condemnation of property interests for the construction of a pump station at Barger Drive and Terry Street, a sanitary sewer connecting the pump station with the regional treatment plant; and declaring an emergency. e MINUTES--Eugene City Council April 11, 1983 Page 10 . Ms. Schue moved, seconded by Ms. Smith, 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. 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 19129. III. CITIZEN INVOLVEMENT COMMITTEE APPOINTMENT (memo distributed) Mr. Gleason noted that Sandy Cutler, previously selected by the council as one of two citizens to be interviewed for the vacancy on the Citizen Involvement Committee (CIC), had withdrawn her application from consideration. Councilor Lindberg noted that the remaining candidate, Richard Guske, had been the second place candidate for this position a number of times. Mr. Lindberg suggested that the council appoint Mr. Guske. Councilor Schue noted that the council had already interviewed Mr. Guske during a previous CIC selection, in which Mr. Guske had placed third with two appointments being made at that time. Councilors Hansen and Holmer said that they had not been on the council when Mr. Guske was previously interviewed and that they would like to interview him along with one or more additional candidates. Councilor Smith suggested that the council select one or more additional interviewees from the recent council balloting. Mayor Keller asked that staff present the list of previous balloting results at the April 13 council meeting where council will decide how to proceed with the interviews. ~ The meeting was adjourned to April 13, 1983. Respectfully submitted, :t:~,._. Ci ty Manager (Recorded by Darcy Marentette) MDG:DCM:cj/CM7b1 - MINUTES--Eugene City Council April 11, 1983 Page 11