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HomeMy WebLinkAbout02/13/1984 Meeting (2) /~ M I NUT E S - Eugene City Council City Council Chamber February 13, 1984 7:30 p.m. COUNCILORS PRESENT: Brian Obie, John Ball, Dick Hansen, Freeman Holmer, and Emily Schue. COUNCILORS ABSENT: Cynthia Wooten and Betty Smith. Regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. 1. PUBLIC HEARINGS - A. Annexation/Rezoning Request for Property Located Between Henderson Street and Harrison Street, north and south of 21st Avenue from County RA Suburban Residential District and M-2 Light Industrial District to City 1-2/SR Light-Medium Industrial District with Site Review Proce- dures and R-1 Low-Density Residential District and application of City Industrial Sign District and City Residential Sign District (Booth- Fischer Investment Company, et ale (A/Z 83-4) (memo, map, background information distributed) Jim Croteau of the Planning Department introduced the agenda item. Terry Jones, also of the Planning Department, presented the staff report, reviewing the staff notes of December 6, 1983. She stated that the only access to the property is from East 21st Avenue. Ms. Jones stated that the Metro Plan directs Eugene, Springfield, and Lane County to conduct a jurisdictional study to determine the eventual provider of services for the area. She said that the study is presently under way and is scheduled to be completed by July 1, 1984. She said the Planning Commission has recommended that the area be annexed if the study determines that Eugene is to be the provider of services. Ms. Jones stated that Roger Rutan, President of the Planning Commission, was present to answer any questions on the issue. Ms. Jones then reviewed the three options before the council: to forward a recommendation of approval to the Boundary Commission for the annexation of the property; to deny the application; or to follow the Planning Commission recommendation and postpone any action until the juris- dictional study is completed. Ms. Jones stated that the City Attorney's Office has drafted a motion which would hold the record open until August 13, 1984, in order to receive the recommendation from the Jurisdictional Policy Committee. She stated that the public hearing is to consider the annexation, a change in sign district, and the imposition of City zoning on the property. Ms. Jones reviewed the letters from the Glenwood Community Organization, the City of Springfield, Eric Gordon, and Trygve Vik which were received by the commission e MINUTES--Eugene City Council February 13, 1984 Page 1 - e - since its action on the application. In response to a question, Ms. Jones stated that the application was submitted in early April 1983. There were no statements of ex parte contact or conflicts of interest. The staff notes and minutes were entered into the record. Mayor Keller announced that Councilors Wooten and Smith were absent due to the annual meeting of the Eugene-Springfield Visitors and Convention Bureau. The public hearing was opened. Speaking in favor of the proposal: Michael Farthing, 975 Oak Street, attorney for the applicants, stated that the interests of Booth-Fischer were purchased by Mr. Fischer. He said the applicants agree with the staff report and that he appreciates the work and cooperation of Ms. Jones. He said he believes that the applicable criteria for annexation and rezoning have been addressed in the application. Mr. Farthing said that he disagrees with the staff recommendation to await the results of the jurisdic- tional study. He explained that the applicants made their application in April 1983 and have waited patiently for action. He acknowledged that the Glenwood Task Force was convened in December 1983 and is currently performing the study, but he feels that the task force was prompted by the application. He stated that the process could proceed well into the fall of 1984 before any action is taken by the Boundary Commission if the council chooses to wait for the study results. He said the applicants are requesting action by the council at this time in order to take advantage of the summer building season should the appli- cation be approved. Mr. Farthing said a portion of the property is presently zoned County M-2 and could be partially developed under this zoning while still in the county. He added that it would be difficult for the applicants to obtain any loan financing until the application is approved. Mr. Farthing stated that the Glenwood policy which calls for the task force does not mention delaying any annexation, rezoning, or land use applications to wait for the study results, but he said the City does have a strong policy encouraging annexation and the growth and development of local businesses. He felt that there is no practical reason for delay, stating that Eugene will most likely be found as the provider of urban services. If the City of Springfield is found to be the service provider, Mr. Farthing said, then it might be 10 to 20 years before the area is annexed. He said that any annexation of the Farwest Steel Plant will have to deal with the entire complex of properties, approximately. 12 acres. Mr. Farthing said the 1990 Plan mentions the Glenwood area as suitable for central warehouse operations such as the Farwest Steel operation. He explained that the Farwest Steel operation is dependent on trucking and access to the freeway and that the company is currently attempting to consolidate its operations into one location. Speaking in opposition to the proposal: Margaret Marino, 3825 East 21st Avenue, chairperson of the Glenwood Community Organization, stated that she owns a home in the area which will be directly MINUTES--Eugene City Council February 13, 1984 Page 2 e e - affected by the annexation. She referred to the letter submitted to the council which she wrote as a representative of the Glenwood Community Organization. She said her concerns are for the neighborhood to have a pleasant mixture of resi- dences, light industry, and businesses. She said it could be a nice neighborhood with the proper planning, adding that the only planning for the Glenwood area is in the Metro Plan which calls for the task force. Ms. Marino stated that the annexation will create a problem foreseen by the Metro Plan--an industrial use abutting a residential area. She stressed that the task force provides an opportunity for the City to proceed in a proper manner; she questioned the need for the task force if the area is already scheduled for annexation by Eugene. She stated that rezoning will also create an access problem, explaining that the residents will have to compete with industrial traffic for the single access to the area. Ms. Marino said the situation is an opportunity to study the problems of the area, but noted that she has not seen the applicants make any attempts to address the problems of access. She noted that the Fire Department also has concerns with access to the area. She said the only proposal that the applicants have made to the access issue is to build roads through the existing residential area. She acknowledged that problem areas exist in the Glenwood area but added that it also has possibilities. Peggy Erickson, 3611 East 18th Avenue, stated that she is a board member of the Glenwood Community Organization, a member of the Citizen Advisory Team, and an ex officio member of the Glenwood Task Force. She stated that two of the three lots involved in the annexation request are currently zoned Residential. She explained that the major goal of the organization is to have a refinement plan for the area. She stated that most businesses and residents in the area get along well; however, a refinement plan with some directions for the future is necessary due to that mixture of residential and commercial uses. She said the only acknowledgement that the area has obtained is a resolution in the Metro Plan for a task force to determine the provider of urban services and to study land use designations. Ms. Erickson explained that the organization did not have much input into the beginning of the Metro Plan because the residents had not realized that the Glenwood area was included in the plans of Eugene and Spring- field. She said the organization was initiated when this realization was made. She hopes that the task force will address the problems of the area. She explained that Glenwood provides low-income housing for approximately 1,200 individuals, adding that the median income of the Glenwood residents is approxi- mately $4,000 less than Springfield residents and $6,000 less than Eugene residents. She stressed that low-income housing is also part of the Metro Plan and that the organization is trying to preserve the small homes, lots, and mobile home parks. She said that the City of Eugene must weigh its aggressive annexation policy and its commitment to encourage industrial expansion and growth against the considerations of the work of the task force. She felt that recommending approval of the annexation would undermine the planning of the task force. In addition, she said she understands that the City of Springfield has raised some opposition to the annexation proposal and that the Planning Depart- ment staff apparently has some concerns about annexation at this time. She hoped that the council will vote to validate the planning process, stating that the worst result will be just a delay in the annexation. In regard to the rezoning MINUTES--Eugene City Council February 13, 1984 Page 3 e application, Ms. Erickson said that the current residential zoning complies with the general design of the Metro Plan in that the existing residences were not rezoned to Industrial zoning by the County. She believes that any industrial expansion is to occur on the vacant land within the Glenwood area. Ms. Erickson said the council should consider the Glenwood area as a special case. e In response to comments raised by Ms. Marino, Mr. Farthing reminded the council that the area has always had only one access route, but he feels the quality of the access has improved. He stated that he does not know what compromise could be made between the applicants and the residents to solve the access problems. He said the letters from Mr. Gordon and Mr. Vik address the access problems south of the railroad tracks and that his client has expressed his willingness to study alternatives to these access problems, but he stated that the Public Works Department 'must first study the road patterns. He said the major problem is the 40-foot width of the subdivision streets in the area. In regard to the task force, Mr. Farthing said he does not understand how it will affect the present application, its charge being to address land use designations and the jurisdictional issue. He reminded the council that the Glenwood area originally had been designated for 90 percent light-medium industrial uses and that a substantial amount of residential land was designated in the Metro Plan as a compromise. In response to comments made by Ms. Erickson, Mr. Farthing stated that his client is looking at an 18-month period for the annexation of 3.3 acres to an existing facility since the original application. He did not feel that the intent of the Metro Plan was to delay such annexation without reason. He recognized the concerns of the citizens, but he stressed that the area is designated as' Light-Medium Industrial. He said he believed that the annexation is justified. In regard to the comment on the County retaining the residential zoning for the residences, Mr. Farthing said it is the policy of Lane County to retain residential zoning unless commercial or industrial uses exist on the property. He said that such actions were merely consistent with the County's policies in applying area-wide zoning. Mr. Farthing restated that he believes that the applicable criteria for the annexation have been addressed and he requested that the council recommend that the annexation be approved and grant the rezoning request. There being no further testimony, the public hearing was closed. In response to a question, Ms. Jones stated that no specific policy exists between the Cities of Eugene and Springfield to delay any annexation requests in conjunction with the Glenwood Jurisdictional Study. In regard to the zoning, Ms. Jones referred to page 111-3 of the staff notes and reviewed the present and proposed zoning for the area in question. She explained that the church property would be the only residentially zoned property if the annexation and rezoning were approved. In response to another question, Ms. Jones stated that no other annexation requests for the Glenwood area have been pending since the summer of 1983. In response to a request by the council, Roger Rutan, President of the Eugene Planning Commission, stated that Ms. Jones had already summarized the recommen- dation of the commission. He explained that the intent of the commission's action is to acknowledge that the applicant has met the annexation criteria and e MINUTES--Eugene City Council February 13, 1984 Page 4 e to recommend that the property be annexed if it is found that Eugene is the logical provider of urban services. He said the commission is leaving the timing judgement on the issue to the council. In response to a question, Mr. Rutan stated that there was no delay on the application on the part of the Planning Commission. He said the commission received a report from Jim Farah of the Planning Department that the commission will be reviewing the jurisdictional study in July and that the council will receive the report in October. Ms. Jones clarified that the council will probably receive the report in September, depending on the council's schedule. In response to a question, Ms. Jones then reviewed the history of the annexation request and the initiation of the task force. She explained that the applicants were given the option of proceeding with the application or waiting for the task force to complete its study. She said additional time was required for staff to write findings for both the annexation and the rezoning requests. She stated that the council will probably receive a recommendation from the Policy Committee in September. She added that a determination of the service provider will be made by approximately July 1 and that the task force may determine that both Eugene and Springfield should provide services to specific portions of the Glenwood area. In regard to the justification for changing the zoning of the property south of the railroad from residential to industrial, Ms. Jones explained that the area is designated as Light-Medium Industrial by the Metro Plan. Councilor Hansen said the issue of the Glenwood property was raised when the council adopted the resolution for the joint jurisdictional study. He said the council was assured that the property would be handled in an individual manner. While the study is in progress, Mr. Hansen said the item should be acted on as an individual item. ~ Councilor Obie said it is obvious that the application meets the criteria for annexation and rezoning and that the time schedule has been onerous to the applicants. While the projected dates for the Glenwood Task Force take an optimistic view for an early decision, he stated that the Glenwood debate could continue for a longer period of time. He said the annexation will be an integral part of the Farwest Steel service center and that any further annexation action will not be any greater when the study is completed. Res. No. 3831--A resolution forwarding a recommendation to the Boundary Commission for annexation of property located between Henderson Street and Harrison Street, north and south of 21st Avenue, to the City and the Lane County Metropolitan Wastewater Service District. - Mr. Obie moved, seconded by Mr. Hansen, that the findings supporting the annexation as set forth in Planning Commission staff notes and minutes of December 6, 1983, be adopted by reference thereto; and that the resolution be adopted. Mayor Keller, speaking in favor of the motion, said it is not the intent of the Metro Plan to discourage the submission of applications for annexation as long as such annexations fit into the mode of the plan. While comments were made during the development of the plan that a major alteration to the Glenwood area MINUTES--Eugene City Council February 13, 1984 Page 5 - was being made, he felt that 3.8 acres has a minimal impact on the total acreage involved. In addition, Mayor Keller noted that residential nodes exist in the area for which there is general support. Based on the criteria listed by the Planning Commission, he said it would be difficult for the council not to support the annexation motion. Councilor Ball, also speaking in favor of the motion, said he feels that Spring- field is justified in its request for a delay. He said cooperation between the cities will be important in the solution to the problem and that the advice from the City of Springfield should be considered. Mr. Ball felt that the council's action does not reflect on the credibility of the planning process to be followed by the CAT and the Policy Committee. He felt that the final outcome of the jurisdictional study will not be prejudiced by the annexation. The motion carried unanimously, 5:0. CB 2719--An ordinance authorizing rezoning from County RA Suburban Residential District and M-2 Light Industrial District to City 1-2/SR Light-Medium Industrial District with Site Review Procedures and application of City Industrial Sign District for property located between Henderson Street and Harrison Street, north and south of 21st Avenue. e Mr. Obie moved, seconded by Ms. Schue, that findings supporting the rezonings as set forth in Planning Commission staff notes and minutes of December 6, 1983, and January 23, 1984, be adopted by reference thereto; that the bills be read the second time by council bill numbers only, with unanimous consent of the council; and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 5:0. Council Bill 2719 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19222). Councilor Obie said he appreciated the comments of Mr. Ball. He asked whether those sentiments expressed should be forwarded in a letter to the City of Springfield. Mr. Ball agreed that such action would be appropriate. Mr. Obie moved, seconded by Ms. Schue, that the sentiments expressed by Mr. Ball be included in a letter to the City of Springfield on behalf of the City Council and signed by the Mayor. Roll call vote; the motion carried unanimously, 5:0. CB 2726--An ordinance authorizing rezoning from County RA Suburban Residential District to City R-1 Low-Density Residential District and application of City Residential Sign District. - MINUTES--Eugene City Council February 13, 1984 Page 6 e Mr. Obie moved, seconded by Ms. Schue, that findings supporting the rezonings as set forth in Planning Commission staff notes and minutes of December 6, 1983, and January 23, 1984, be adopted by reference thereto; that the bills be read the second time by council bill numbers only, with unanimous consent of the council; and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 5:0. Council Bill 2726 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19223). e B. Sign Code Amendment to Allow Temporary Banners (CA 83-5) (memo, background information distributed) City Manager Micheal Gleason introduced the agenda item. Jerry Jacobson of the Planning Department presented the staff report, reviewing the February 13, 1984, Planning Department memorandum on the Sign Code amendment. He reviewed the use of banners as outlined under the proposed amendment, stating that the proposal was referred to all interested and involved groups but the only response received was from the Downtown Commission which voted to support the proposal and to recommend a review of the Sign Code. He said that only one person spoke in favor of the proposal at the December 6, 1983, Planning Commission meeting, that person also indicating the more liberal use of banners in Eugene. Mr. Jacobson stated that the Planning Commission voted unanimously to support the recommen- dation. The public hearing was opened. There being no testimony presented, the public hearing was closed. CB 2720--An ordinance concerning banners; amending sections 8.620, 8.670, and 8.690 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Schue, 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; the motion carried unanimously, 5:0. Council Bill 2720 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19224). e MINUTES--Eugene City Council February 13, 1984 Page 7 e C. Code Amendment to Allow Rescue Missions in 1-2 and 1-3 Industrial Zoning Districts (CA 83-6) (memo, background information distrib- uted) City Manager Michea1 Gleason introduced the agenda item. Jim Croteau of the Planning Department presented the staff report, stating that the City had deleted rescue missions from the Industrial zoning districts several years ago during the LCDC acknowledgement process. He said the Vagrancy Task Force took up the issue in 1983 and recommended that rescue missions be re-introduced and liberalized in the zoning code. Mr. Croteau then reviewed the Planning Commis- sion recommendation to the City Council on the proposed code amendment. He stated that the only existing rescue mission in the city is the Eugene Mission. He added that new rescue missions would be allowed in the 1-2 and and 1-3 Industrial zoning districts through the conditional use process. The public hearing was opened. Ernest Unger, 1542 West 1st Avenue, Director of the Eugene Mission, stated that the Mission had attempted to find an acceptable site for its operation during the late 1960's. He said the Mission is now well-located at its present site, serving approximately 500 meals daily and providing 200 beds for homeless men and women. He explained that a portion of the Mission's development property will be lost to the Chambers Connector. Mr. Unger urged the council to adopt the recommendation of the Planning Commission which would allow the Mission to properly develop its complex on West 1st Avenue. He said the Mission personnel feel that the recommendation is in the best interests of the City and will provide adequate housing for the homeless. e There being no further testimony, the public hearing was closed. CB 2721--An ordinance concerning rescue missions; amending sections 9.254, 9.438, 9.450, 9.452, and 9.586 of the Eugene Code, 1971; and declaring an emergency. Mr. Obie moved, seconded by Ms. Schue, 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; the motion carried unanimously, 5:0. Council Bill 2721 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19225). e MINUTES--Eugene City Council February 13, 1984 Page 8 e D. Rezoning Request for Property Located East of River Road at the Northern End of Lombard Lane from R-1 Suburban Residential District to R-2/SR Limited Multiple-Family Residential District with Site Review Procedures (Ron Petitti) (Z-83-21) (map, background information distributed) City Manager Micheal Gleason introduced the agenda item. Terry Jones of the Planning Department presented the staff report, reviewing the staff notes of January 10, 1984. She said that the subject property will be added to property to the north already owned by the applicant and zoned R-2, causing the subject property to front on River Road. Ms. Jones said the Planning Commission recom- mended approval of the zone change, including three site review concerns. There were no statements of ex parte contact or conflicts of interest. The staff notes and minutes were entered into the record. The public hearing was opened. Ron Petitti, 435 River Road, stated that he is the owner and applicant of the subject parcel. He said he feels that the request is in complete compliance with the 1990 Plan and the goals of the City of Eugene. He requested that the council approve the application. There being no further testimony, the public hearing was closed. . CB 2722--An ordinance authorizing rezoning from R-1 Suburban Residential District to R-2/SR Limited Multiple-Family Residential District with Site Review Procedures for property located east of River Road at the northern end of Lombard Lane. Mr. Obie moved, seconded by Ms. Schue, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 10, 1984, 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; the motion carried unanimously, 5:0. Council Bill 2722 was read the second time by council bill number only. Mr. Obie moved, seconded by Ms. Schue, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19226). II. PUBLIC IMPROVEMENT PROJECTS (memo distributed) A. Adoption of Findings (#81-07 and #84-02) (findings distributed) e MINUTES--Eugene City Council February 13, 1984 Page 9 , . - B. Public Works Contract Award for Paving Cheshire Avenue from Madison Street to Jefferson Street (#84-02) (bid tabulations attached) C. Levying of Assessments City Manager Micheal Gleason introduced the agenda item. Bert Teitze1 of the Public Works Department presented the staff report. He stated that these items are the first projects to be considered by the Hearings Officer rather than the Assessment Panel. He reviewed the process through which the projects are considered and submitted to the council. Mr. Teitzel stated that the council does not have to hold a public hearing on the projects unless there is a 50 percent remonstrance or unless two-thirds of the council requests a public hearing. He said the hearing on the two projects was canceled because no requests for a hearing were received. Mr. Teitze1 said staff is recommending that the findings be approved by a motion and that the assessments be read for fi na 1 readi ng. CB 2723--An ordinance levying assessments for paving streets and to construct storm sewers on Williams Street from Harriet Street to Royal Avenue (#81-07). CB 2724--An ordinance levying assessments for paving Cheshire Avenue from Madison Street to Jefferson Street (#84-02). Mr. Obie moved, seconded by Ms. Schue, that the findings be' adopted as recommended by staff; that the contract be awarded to the lowest bidder; that the bills be read the second time by council bill numbers only, with unanimous consent of the Council; and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 5:0. Council Bills 2723 and 2724 were read the second time by council bill numbers only. Mr. Obie moved, seconded by Ms. Schue, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bills were declared passed (and became Ordinance No. 19227 [CB 2723J and Ordinance No. 19228 [CB 2724J). The meeting was adjourned to February 15, 1984, at 11 :45 a.m. Respectfully sUbmit~, ~..~~~ , (~'? ~/...~ .......,- Micheal D. Gleason City Manager (Recorded by Thorn Strunk) TS:vr/CM7a8 MINUTES--Eugene City Council February 13, 1984 Page 10 - e - PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Bid No.: 12 Opened: November 1, 1983 1. Paving Cheshire Avenue from Madison Street to Jefferson Street (Job #438) Contract Cost Bidders Basi c Alternate 1. H &J Construction. ......... .$31,807.77 2. Egge Sand & Gravel . . . . . . . . . . .$32,889.97 3. Staton Construction, Inc. . . . . . . . $33,523.16 4. Eugene Sand & Gravel, Inc. . . . . . . .$36,226.78 5. Morse Bros., Inc. . . . . . . . . . $ -0- 6. Wildish Corvallis Construction $ -0- $ -0- $34,642.05 $ -0- $38,592.80 $ -0- Co. . . . . . . . . . . . . . . . . . . $44,913.75 Cost to Abutting Property Cost to City 28' Paving 4" Cone. Walk 5" Conc. Walk 7" Conc. Walk $43.40/FF $ 1. 95/SF $ 2.14/SF $ 2.54/SF -0- Completion Date: July 15, 1984 CF:vr/FaI8 "