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HomeMy WebLinkAbout04/08/1991 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall April 8, 1991 7:30 p.m. COUNCILORS PRESENT: Roger Rutan, Shawn Boles, Ruth Bascom (after 9:25 p.m.), Debra Ehrman, Bobby Green, Randy MacDonald, Paul Nicholson, Kaye Robinette. The regular meeting of April 8, 199i:~EUgene City Council was called to order by His Honor Mayor Jeff Miller. In light of the large number of items on the councjl's agenda, Mayor Miller asked those testifying at the public hearings to limit their comments to three minutes to ensure that everyone has the opportunity to speak. I. PUBLIC FORUM William J. Mason, 1803 West 34th Avenue, testified regarding the 8th and Willamette Request for Proposal (RFP) recently awarded to Lorig Associates. He questioned whether Lorig has exclusive negotiating rights for the 8th and Willamette site and, if so, whether the earnest money called for in the RFP (10 percent of the appraised value) had been paid. II. CONSENT CALENDAR A. Approval of City Council Minutes of May 30, 1990, Dinner Work Session; October 22, 1990, Dinner Work Session; January 9, 1991, Lunch Work Session; January 30, 1991, Lunch Work Session; January 31, 1991, Process Session; February 11, 1991, Dinner Work Session; and February 11, 1991, Meeting B. Approval of Findings and Recommendations of Hearings Official and Adoption of Resolution Forming a Local Improvement District for Sidewalks at Various Locations on Clinton Drive from Butte Lane to Willagillespie Road (Job #2629) Res. No. 4235--A resolution forming a local improvement dis- trict for sidewalks at various locations on Clinton Drive from Butte Lane to Willagillespie Road. MINUTES--Eugene City Council April 8, 1991 Page 1 e Mr. Rutan moved, seconded by Mr. Boles, to approve the items on the City Council Consent Calendar. Roll call vote; the motion carried unanimously, 7:0. III. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY GENERALLY LOCATED IN THE RIVER ROAD AREA ON THE NORTH SIDE OF BUSHNELL LANE, BETWEEN DELTA STREET AND THE NORTHWEST EXPRESSWAY (METCALF ~Z 91-1) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, briefly summarized the code criteria necessary for annexation and rezoning. She stated that the annexation/zone change request was initiated based on a request from the property owners. The Planning Commission, in a 4:2 vote, recommended approval of the annexation. The Plan- ning Commission also recommended approval of the rezoning request from County RA/UL to City R-l/SR as modified to include the attachment of the Site Review Subdistrict to address noise and visual impacts for Beltline Road on the property. Mayor Miller opened the public hearing. Betty Metcalf, 2458 17th Place, Springfield, identified herself as a parent of the applicants and testified in favor of the annexation/zone change re- quest. She assured the council that the applicants would be willing to ad- here to any additional site review criteria necessary to mitigate impacts on the adjacent neighborhood. e There being no additional requests to speak, the public hearing was closed. Responding to a question from Mr. Nicholson, Ms. Czerniak said that the com- missioners who opposed the request expressed on going concerns with the City's incremental approach to annexation. Res. No. 4236--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Service District for property located in the River Road area on the north side of Bushnell Lane, between Delta Street and the Northwest Expressway. The Boundary Commission's expedit- ed procedure is requested. (Withdrawal from River Road Park and Recreation District and River Road Water District will be processed separately if the annexation is approved.) Final Order AZ 91-1--A final order rezoning Tax Lot 400 from County RA/UL to City R-l/SR. Mr. Rutan moved, seconded by Mr. Boles, to adopt the resolu- tion and final order. Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council April 8, 1991 Page 2 ~ IV. PUBLIC HEARING: DEPARTMENT OF PUBLIC SAFETY LONG-RANGE PLAN City Manager Mike Gleason introduced the topic. Deputy Chief Bill DeForrest gave the staff report. He said that staff is recommending approval of the "Partnerships for Public Safety" for adoption as an alternative strategy for public safety in the future. The plan, which has been developed jointly by the Department of Public Safety and the Public Safety Advisory Committee (PSAC), features an Eight-Point Action plan which emphasizes the role of prevention, education, and networking. Mr. DeForrest said that while it may may not be possible to guarantee complete plan funding at this time, it is very important that all points of the plan be implemented at some time in the future if the partnership model is to be attained. Staff recommends that the council adopt the plan and direct funding of the Eight-Point program to be determined through the Eugene Decisions process. Mayor Miller opened the public hearing. Richard Green, 766 East 13th Street, voiced his support for the plan. He commented that the plan features, a proactive rather than a reactive model to public safety, and noted that the City cannot afford to continue funding public safety in its present manner. He encouraged the council to adopt and identify funding for the plan. e Jim Poverman, 270 Coachman Drive, indicated that he represents three busi- nesses in the University area and spoke in favor of the plan. The success of the foot patrol component of the plan has already been demonstrated and should be continued to prevent the further deterioration of perceived safety on 13th Avenue. Russ Brink, 2278 Corinthian Court, said that he fully supports the plan and urged the council to approve and identify funding for the plan. Edward Margolis, 2115 Greenvale Drive, testified as a member of PSAC in favor of the plan. He noted the benefits of having a flexible planning document that can be modified to respond to changing public safety needs. Janet Anderson, 1659 East 23rd Avenue, identified herself as co-director of Women space and voiced her support for the plan. She said that the plan has been very important in relation to domestic violence disputes and noted that funding support for social service agencies will be necessary for the contin- ued success of the partnership model. Ellen Knepper, 255 Madison Street, indicated her support for the plan and concurred with Ms. Anderson on the need to fund social services in addition to providing financial support for public safety. Norman Riddle, 1238 Crest Drive, testified in support of the plan concept, but voiced concern with the proposed $43,000 for additional public safety staff. e MINUTES--Eugene City Council April 8, 1991 Page 3 Ernie Unger, 3830 Stewart Road, testified on the success of the Community Response Team component of the plan and asked for the council's support of the entire plan. Frank Curorke, 3539 Oxbow Way, identified himself as a small business owner and concurred with those who spoke before him on the success of the partner- ship model for public safety. Frances Dyke, 1540 West 28th Place, urged the council to adopt the"plan. She highlighted the importance of metro coordination in public safety efforts in the future and encouraged the council to pursue efforts toward regional public safety planning efforts. Bill Sweet, 65 West 26th Avenue, noted that the concept of this plan was generated some time ago and said that the plan makes good financial sense. He urged the council to endorse the plan. John E. del Nero, 3540 Wilshire lane, stated that the partnership model re- sponds to the trends and needs for public safety in the future. He high- lighted the success of community-oriented policing and offered his full sup- port for the plan. Sylvia Roehnelt, 1240 Mill Street, spoke as a member of PSAC and an employee of Looking Glass in favor of the plan. She noted that partnershipping ef- forts between the Department of Public Safety and social service agencies has been paramount to the success of the plan. e M. L. Turnbull, 2685 Turnbull Lane, voiced concern with the emergency res- ponse service in the Willakenzie area and encouraged the council to reopen Station 6 immediately as a part of the City's effort toward improving public safety. e e Philip (no last name given),PO Box 11524, voiced support for the plan and suggested that citizens be given a greater opportunity to help guide policing in our community through the formation of a citizen/public safety advisory board. Hillary Larsen, 605 West 4th Avenue, speaking as Director of Buckley House, documented the success of the partnershipping efforts and said that enhanced relations between social service agencies and DPS will be a beneficial out- come of the plan. She asked for council support of the plan. Dunny Sorensen, 3800 Barger Drive, pointed out that the partnership model will allow DPS to tailor public safety throughout the City to meet specific needs. She encouraged the council to adopt the plan. Don Kostur, 2265 Garfield Street, speaking as Director of Eugene Emergency Housing, offered his support for the plan. He emphasized the importance of the networking component of the plan and urged the council to include a fund- ing proposal for social service agencies. MINUTES--Eugene City Council April 8, 1991 Page 4 e e e Lois Curorke, 3539 Oxbow Way, spoke of the importance that the foot patrols have had on the perception of improved public safety in the downtown mall and offered support for the partnership plan. Paul E. Compton, 3580 Hilyard Street, indicated his support for the plan as an alternative to the reactive mode to public safety that has been followed in the past. He concurred with Mr. Turnbull's concern for emergency service provision in certain areas of the community and said that resources need to be redeployed to assure a proper level of emergency services to all areas of our community. Pat Pape, 305 Walnut Lane, concurred with those who spoke before him on the need to reopen Station 6 and urged the council to support the plan. Cheryle Hawkins, 1350 Bailey Avenue, voiced concern about the social service needs that exist and continue to go unmet in the community. She concurred with those who spoke before her on the merits of the plan and highlighted prevention as its key component. Laurie McClain, 245 North Polk, voiced concern that the number of community service specialists called for in the plan is insufficient to meet the need. She said that budgeting for the social service agencies should be included in the plan. David M. Koch, 165 East 7th Avenue, Manager of State Parole and Probation Service in Lane County, testified in support of the plan. He spoke about the linkages which could be formed between the DPS, social service agencies, and corrections staff and spoke about the possibility of co-locating corrections staff in the proposed public safety stations to improve efforts for community policing. Richard Guske, 1005 Clark Street, said that he supports portions of the plan, but voiced concern with the partnershipping efforts being made through the Whiteaker Community Resource Center. He noted that if community policing is to be successful, it needs to involve equal cooperation and authority between resource center staff and public safety officers. Tom Emel, 619 Startouch Drive, owner of Oregon Art Supply, highlighted the success of foot patrols in the University area and testified in favor of the public safety long-range plan. Jean Beachdel, 376 East 11th Avenue, representing Lane County Legal Aid Ser- vices, said that the importance of social service agencies to the success of the plan should be given heavy consideration when making funding decisions. Bob Lee, 3590 Emerald Street, owner of Face the Music, located on the down- town mall, said that the implementation of foot patrols in the downtown area has had a tremendous impact on the perception of public safety on the mall. He urged the council to support the plan. MINUTES--Eugene City Council April 8, 1991 Page 5 e e e Cathy Hudspeth, 3510 Onyx Street, No.7, urged the council to approve the public safety long-range plan. Jan Gund, PO Box 5328, spoke as a member of PSAC and past member of the Crime Action Task Force. She highlighted the role of community service specialists' as very important within the plan and said that by adopting this plan, Eugene would be placing itself well ahead of other communities with respect to meet- ing the changing needs for public safety provision. Ron Chase, 1775 West 14th Avenue, speaking as a member of PSAC, urged the council to postpone approval of the plan until its modification to include the development of an operational plan for the social services described; inclusion of a Latino-Hispanic Task Force; and the identification of funding for all components of the plan, including the impact funding would have on other City services. Teri Ciacchi, 752 Jefferson Street, stated that she supports the shift in thinking regarding public safety inherent in the plan, but felt that the $43,000 in the plan should be directed to the social service agencies, rather than to public safety. She urged the council not to approve the plan in its present form. Denise Schadegg, 1774 Alder Street, said that she supports the plan in con- cept, but recommended that budgeting for social service agencies be further developed before accepting the plan. Carol Rucker, 3710 Potter Street, testified in opposition to the plan. She said that the funding being contemplated should be redirected to serve the needs of the homeless population in the community. Wayne Ford, 1020 Fillmore Street, said that he supports the philosophy of a proactive approach to public safety, but urged the council to define more fully the parternerships outlined in the plan before its adoption. John English, 1670 I Street, Springfield, identified himself as a Eugene business owner and voiced support for the networking component of the plan. He concurred with those who spoke before him on the need to include funding for the plan and suggested that the public safety money which is currently budgeted for the Community Safety Quarterly publication and Looking Glass might be alternative funding sources. Robert Oritz, 341 East 12th Avenue, speaking on behalf of White Bird Clinic, expressed his support for many elements of the plan, but encouraged the coun- cil to consider the inclusion of social service funding as an integral ele- ment. Kevin Hayden, 2650 Agusta Street, speaking as chair of the Homeless Action Coalition, urged the council not to endorse the plan until all funding issues have been resolved. He also asked the council to consider filling the PSAC vacancy with a representative of the low-income population. MINUTES--Eugene City Council April 8, 1991 Page 6 Michael Marczuk, 4430 Hilyard Street, documented the success of the foot 4It patrols in the University area and urged the council to support the plan. Shannon McCarthy, 1510 Mill Street, spoke on behalf of the Westside Neigh- bors, in support of the public safety long-range plan. She endorsed the concept of local community resource stations and hoped that a proactive ap- proach to public safety would help restore the quality of life in the West University area. Marion Malcom, 458 Blair Boulevard, testifying on behalf of Clergy and Laity Concerned (CALC), encouraged the council to delay plan approval until the partnerships visualized in the plan can be more clearly defined. She also agreed with Mr. Chase on the need for a Latino-Hispanic Task Force, as an element of the public safety plan. Carole Bruhl, 708 West 4th Avenue, concurred with those who spoke before her on the need to develop within the plan a funding strategy for the social services component. Vahan Assadourian, 429 Brookside Drive, owner of the Meeting Place, testified on the success of the police foot patrols in the University area and offered his full support for the plan. Marylyn Klein, 2162 Kincaid Street, underscored the importance of networking efforts between social service agencies and public safety and offered support for the plan. ~ There being no additional requests to speak, the public hearing was closed. (At 9:20 p.m., the council took a 10-minute recess.) (At 9:30 p.m. Councilor Bascom arrived.) Ms. Ehrman asked whether consideration was given to contracting for services with social service agencies. In response, Deputy Chief DeForrest said that the department currently contracts for services with those agencies involved in the Community Response Team. It has discussed the possibility of con- tracting for other social services but such agreements have not been formally identified in the plan. Responding to a question from Mr. Boles, Deputy Chief DeForrest explained that 16 of the 71 FTE positions in the plan are sworn police officers. The remaining positions would be filled by community service specialists, program managers, and records specialists. Mr. Green asked how the need for additional police officers was determined. In response, Deputy Chief DeForrest explained that 13 additional police offi- cers was the estimated need for a second community response team that could be used during the evening hours. In addition, two officers would be needed . to work in the prevention and education elements of the plan. e MINUTES--Eugene City Council April 8, 1991 Page 7 e V. PUBLIC HEARING: PARKING REDUCTION IN THE BALANCE OF THE MULTIPLE-UNIT PROPERTY TAX EXEMPTION AREA (CA 90-6) Acting City Manager Linda Norris introduced the topic and indicated that Gary Chenkin was available to answer questions. Mayor Miller opened the public hearing. There being no requests to speak the public hearing was closed. CB 4291--An ordinance concerning off-street parking for multi- ple-unit dwellings in an area west and east of Willamette Street, and amending Section 9.582 of the Eugene Code, 1971. Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. CB 4291 was read the second time by number only. e Mr. Rutan moved, seconded by Mr. proved and given final passage. ors present voting aye, the bill became Ordinance 19760}. Boles, that the bill be ap- Roll call vote; all council- was declared passed (and VI. PUBLIC HEARING: REQUEST FOR AMENDMENT TO METROPOLITAN AREA GENERAL PLAN (CHAMBERS COMMUNICATIONS, INC.) (MA 90-4) City Manager Mike Gleason introduced the topic. Bill Gary, City Attorney's Office, informed that council that this is a quasi-judicial proceeding and briefly reviewed the procedure that would be followed. He reminded council- ors that they are not permitted to discuss or take action on this item if they have any conflicts of interest or have had any ex parte contacts which might inhibit their ability to make a fair and impartial decision. Ms. Ehrman indicated that she works with Mr. Olstead and has viewed the park- ing lot from his window. She did not believe that her discussions with him would affect her impartiality on this issue. Mr. Robinette said he has discussed this issue with many Eugene citizens during his campaign and with City staff. He indicated that he did not feel his communications would inhibit his ability to make an impartial decision. Mr. Nicholson indicated that he had extensive communications with City staff on this issue, but does not feel that they would affect his impartiality on this issue. e MINUTES--Eugene City Council April 8, 1991 Page 8 e Ms. Bascom also indicated that she has discussed this issue with neighbors, but does does not believe that these discussions would affect her impartiali- ty. Mayor Miller also said he has had extensive discussions with staff, and had attended an open house celebration at Chambers Communication, but would not need to disqualify himself from the discussion. Jim Croteau, Planning and Development Department, gave the staff presenta- tion. He noted that this is a first request for utilization of the minor Metro Plan amendment process, recently adopted by the council. Because Lane County and Springfield will not be participating in the process, council action will be the final action, unless the decision is further appealed. Mr. Croteau said that the Planning Commission recommended approval of the request. To satisfy some of neighbors concerns on this issue, KEZI studios has indicated that it would be willing to enter into a deed restriction, to limit the use of the property. He noted, however, that this agreement is not part of the Planning Commission's findings. If th~ request is approved, the commission proposes that General Office (GO) be the implementing zoning dis- trict. e Mr. Croteau informed the council of the criteria which must be used to evalu- ate the Metro Plan minor amendment process in this process. Testimony this evening should be directed to that criteria and should show how the evidence meets or does not meet these criteria. In order to determine whether to approve or deny the request the council must consider the following: 1) the amendment must not be inconsistent with Statewide planning goals; 2) it must not make the Metro Plan be internally inconsistent; and 3) it must not be the type of amendment that can only be considered in a major Metro Plan update. Responding to a question from Ms. Ehrman, Mr. Croteau said that the Hearings Official can make a decision on property zoning, regardless of the council's recommendation. He noted, however, that the Hearings Official listens very closely to the policy direction provided by the City Council and would not likely diverge from this. Mr. Robinette inquired about the recommendation of the Willakenzie Planning Team regarding this parcel. Mr. Croteau said that this parcel is being des- ignated as a transitional General Office designation. Responding to question from Mr. Nicholson, Mr. Gary said that goals 1 and 2 address the land-use planning process. Responding to a question from Mr. Boles, Mr. Croteau said that the applicant has the burden to prove that the application is not inconsistent with State planning goals. Mr. Nicholson voiced concern that this area has a refinement plan that is nearing completion and felt that the refinement planning process, rather than the minor Metro Plan process, would be a more appropriate mechanism for de- ciding this type of issue. e MINUTES--Eugene City Council April 8, 1991 Page 9 e Mayor Miller opened the public hearing. Jim Saul, 111 West 7th Avenue, Suite 300, testified on behalf of Chambers Communication in favor of the request. He noted that the existing parking for the KEZI studio is insufficient to meet the current needs causing safety hazard concerns. He stated that the proposed amendment conforms to all ap- plicable criteria and requested that the council approve it. He noted that most of the Planning Commission testimony concerned the broad range of com- mercial uses potentially allowable under a C-2 zoning designation;"this con- cern could be addressed with the proposed GO zoning district and a deed re- striction agreement. e In response to a question from Mr. MacDonald, Mr. Tollenaar, president of the Planning Commission, explained that State statutes require land use decisions to be made within 120 days of application. Because of timing constraints it would not be possible for the Metro Plan amendment zoning decision to be deferred to the Willakenzie planning process. Responding to questions from Ms. Ehrman, Mr. Saul said that it is likely that landscaping would be used to mitigate the sound and visual impacts of this lot on the adjacent neighborhood. He explained further that allowing access from the parking lot onto Elysium Street has been considered as a way to reduce traffic accidents that are problematic in this area. In response to a question from Mr. Boles, Mr. Saul said that the deed re- striction area was an arbitrary figure determined by doubling the statute minimum notification requirements. Responding to a question from Mr. Boles, Mr. Croteau said that the Citizen Involvement Committee (CIC) requires that property owners within 300 feet of the area be notified for land use decisions of this nature; for administra- tive types of decisions, a 100-foot notification decision is required. Mr. Tollenaar noted that a majority of the surrounding property owners who testified on this issue were not concerned with the use of this lot for park- ing, but rather with the construction of a building on this parcel. There being no additional requests to speak, the public hearing was closed. Ms. Ehrman voiced concern that the testimony from surrounding neighbors may reflect a resignation on their part because the parking lot had already been constructed. While she will support the request with appended recommenda- tions for a GO zoning designation and site review, this process should not be considered as a future precedent for changing Plan Diagram designations. Mr. Green and Mr. MacDonald concurred. Responding to a question from Mr. Boles, Mr. Gleason said that the applicant would be issued a civil penalty if he chose not to adhere to site view recom- mendations. e MINUTES--Eugene City Council April 8, 1991 Page 10 e Mr. Rutan said that because the request meets the guidelines necessary for application approval, he would be supporting the request. If the council chooses to approve this request, Mr. MacDonald questioned the type of precedent it would be establishing for the property owners who chose to violate City zoning requirements. Ms. Bascom said that in recognizing this violation and requiring compliance, the City has already established a precedent. Once notified of a violation, the property owner was willing to take the steps necessary to correct the violation. e CB 4292--An ordinance amending the Eugene-Springfield Metro- politan Area General Plan Diagram (Chamber Communica- tions, Inc.) (MA 90-4) Mr. Rutan moved, seconded by Mr. Boles, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time with the appended recommendations that the GO zoning district be applied to this request and that site review cri- teria be attached. Roll call vote; the motion carried unani- mously, 8:0. CB 4292 was read the second time by number only. Mr. Rutan moved, seconded by Mr. Boles, that the bill be ap- proved and given final passage. . Roll call vote; a 5:3 vote, with councilors Rutan, Bascom, Ehrman, Green, and Robinette voting in favor and councilors MacDonald, Nicholson, and Boles voting opposed, the bill was declared passed (and became Ordi- nance 19761). Ms. Bascom moved, seconded by Mr. Rutan, that the council continue past its mandatory 10:30 p.m. adjournment time. Roll call vote; the motion carried 7:1, with councilors Rutan, Boles, Bascom, Ehrman, Robinette, Green, and MacDonald voting in favor, and Councilor Nicholson voting opposed. VII., PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF REFINEMENT PLAN AMENDMENT FOR MEDIA CRAFT ASSOCIATES (RA 90-2) City Manager Mike Gleason introduced the topic. Mayor Miller reminded the council that this is a quasi-judicial proceeding and asked the council to disclose any conflicts of interest or ex parte con- tacts. e MINUTES--Eugene City Council April 8, 1991 Page 11 e e e Mr. Boles said that he has been exposed to this material in conjunction with his role on the Social Goals Committee. He said that his extensive discus- sion with Roger Boothe, regarding plans for property development would influ- ence his ability to make an impartial decision on this issue. He withdrew from further action. Mr. Green said that he has worked closely with the owner of Media Craft on this issue and felt that his contact would affect his ability to make an impartial decision. He withdrew from further action. Mr. MacDonald declared an ex parte contact and at Ms. Ehrman's suggestion, he withdrew from further action. Mr. Robinette indicated that he was contacted by a member of the news media (Russell Sadler) on this issue. He does not believe this contact would af- fect his ability to be impartial on this issue. Mr. Rutan said that he had a similar ex parte contact with Russell Sadler on this issue, and also did not feel that this would influence his impartiality on this issue. . Mayor Miller said that he has had ex parte contacts with many persons on this issue and withdrew from further action. In the absence of Mayor Miller, Councilor Rutan assumed the position as Chair. Jim Croteau, Planning and Development Department, gave a brief staff report on this issue. He explained that this is an appeal of the Planning Commis- sion's denial of a refinement plan amendment for a change in the Bethel- Danebo Refinement Plan. Mr. Croteau briefly reviewed the criteria by which the council would make its decision. The request is for a change in the designation of the parcel from low-density residential to a mixed-use desig- nation that would allow, among other uses, the owner's video production busi- ness. The proposed change also contains language that would be included in the plan describing the mixed-use designation including allowed uses and development standards. Ms. Ehrman inquired about prior City policy regarding nonconforming uses that change ownership. In response, Mr. Croteau said that City Code permits a nonconforming use to continue until the use is discontinued, regardless of ownership. Once the use is discontinued, the property must revert to the allowed uses in that zoning district. Mr. Robinette asked how this became a conditional use issue. In response, Mr. Croteau explained that all properties in the Bethel area were rezoned to residential uses upon annexation to the city in 1964. Councilor Rutan opened the public hearing. MINUTES--Eugene City Council April 8, 1991 Page 12 e e e Jim Saul, III West 7th Avenue, Suite 300, testified on behalf of the property owners on this issue. He noted that at the time when the area was zoned for residential uses, the City did not have any provisions relating to noncon- forming uses. Such provisions were adopted in a 1968 update. He also noted that the City has an agreement with Goodwill industries from which the City subsequently issued bUilding permits. He felt that the Planning Commission was in error in its decision and asked the council to support the appeal. Bonnie Nazareth, 180 Waite Street, identified herself as owner of the proper- ty in question and supported the request. She noted that she and her husband live in the neighborhood in which the property is located and assured the council that they are committed to preserving the integrity of the neighbor- hood. Jesse Nazareth, 180 Waite Street, identified himself as a property owner and supported the request. He provided a brief history of the issue and ex- plained the video production system. He urged the council to reverse the Planning Commission's decision. Aivess Maless, 1967 Laveta Lane, presented the council with written testimony from nearby residents in support of Media Craft's application for appeal. He said that this request meets ordinance requirements for a mixed-used zoning district. He felt that the Bethel-Danebo area is not suited for only resi- dential uses on this site and urged the council to uphold the appeal. Jerry Rust, 125 East 8th Street, spoke on behalf of himself and Jack Roberts, in favor of the appeal request. He stated his support for the applicant's intended usage of this parcel. He felt that the Planning Commission erred in its interpretation of the land use policies and urged the council to overturn the decision. John Briggs, 13th and Oak Streets, testified in favor of the appeal. He noted that the multiple-use zoning designation is appropriate for this prop- erty and asked the council to support the appeal. Dick Briggs, 80 West 23rd Avenue, testified in support of the appeal, noting that an affirmative decision would add sense to the planning process and would indicate support for existing businesses in Eugene. Ken Tollenaar, 1522 Russet Drive, spoke as President of the Planning Commis- sion in support of the commission's decision to deny the application. The commission could not approve the request because mixed-use is not applicable to a single development site, because it does not correspond with a noncon- forming use provision and, among other reasons, because of concern for the variety of commercial uses which might be allowed under the proposed zoning designation. He also noted that property owners in the adjacent neighborhood were relying on the discontinuation of nonconforming uses in the code. He urged the council to uphold the Planning Commission's decision. Paul Funk, 630 Chase Street, testified as a nearby resident of the parcel in question and urged the council to deny the request. MINUTES--Eugene City Council April 8, 1991 Page 13 e e e Al Brandt, 631 Chase Street, testified as a neighboring resident of the area in question and offered his strong opposition to the request for appeal. Allan J. Nyegaard, 585 Taney Street, spoke as a property owner in the neigh- borhood adjacent to the parcel. He stated that area residents would like this property to be converted to residential uses and urged the council to deny the request. In rebuttal, Jim Saul, III West 7th Avenue, Suite 300, stated that the Metro Plan does not prevent the mixed-use concept being applied to a single devel- opment site. He also stated that the City has backed off from requiring amortization of nonconforming uses. He noted that if the commission is con- cerned about the variety of commercial uses that would be permitted in the area, it can draft language in the ordinance to regulate the uses. There being no additional requests to speak, the public hearing was closed. Responding to questions from Mr. Nicholson, Mr. Croteau said that no prece- dent exists in which a single development site has been given a mixed-used zoning designation in an area. Responding to a request for clarification from Mr. Robinette, Mr. Croteau said that if the council chooses to overturn the Planning Commission's deci- sion on this issue, it should direct the commission to prepare a mixed-use district for later consideration by the City Council. CB 4293--An ordinance denying a proposed plan amendment to the Bethel-Danebo Refinement Plan (Media Craft Associ- ates, RA 90-2) Ms. Ehrman moved to deny the appeal and deny the Refinement Plan amendment. The motion died for lack of a second. Ms. Ehrman moved, seconded by Ms. Bascom, that the City Coun- cil approve the appeal by Media Craft Associates and approve the refinement plan amendment. The refinement plan amendment is a change in designation from low-density residential to mixed-use as the Elmira Road Mixed-Use Area including the specific language contained in the Staff Notes. "I move" to direct the staff to prepare findings supporting this action for adoption by the City Council at a later meeting. "I move" to direct the Planning Commission to consider and recommend to the City Council the Mixed-Use zoning district to implement the establishment of the Elmira Road Mixed-Use area for Media Craft Associates. Mr. Robinette said that he supports the appeal because the area in question was not initially zoned in an orderly fashion and because he believes that a mixed-use zoning designation would not be inconsistent with the Metro Plan. MINUTES--Eugene City Council April 8, 1991 Page 14 e e e Ms. Ehrman indicated that she would support upholding the Planning Commis- sion's action because past City Code policy states explicitly that a noncon- forming use should revert to the proper designation. She also noted that the area refinement plan designates this area for residential uses. Mr. Rutan said that because he feels that there is great latitude for judge- ment on this issue, he will vote to support the appeal. Roll call vote; the motion carried 4:1, with councilors Bascom, Rutan, Robinette, and Nicholson voting in favor, and Councilor Ehrman voting opposed. Agenda Item VIII was postponed until a later session and the remaining agenda items were renumbered. (Councilors Green and MacDonald and Mayor Miller did not return for the re- maining portion of the meeting.) VIII. PUBLIC HEARING: CITY OF EUGENE SUPPLEMENTAL BUDGET NO.2 City Manager Mike Gleason introduced the topic. Councilor Rutan opened the public hearing. There being no requests to speak, the hearing was closed. CB 4295--An ordinance adopting a Supplemental Budget; making appropriations for the City of Eugene for the fiscal year beginning July 1, 1990, and ending June 30, 1991; and declaring an emergency. Mr. Boles moved, seconded by Ms. Ehrman, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 6:0. Council Bill 4295 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Roll call vote; with all councilors present voting aye, the bill was declared passed (and became Ordinance 19764). Councilor Rutan adjourned the meeting of the Eugene City Council and convened a meeting of the Urban Renewal Agency. IX. PUBLIC HEARING: URBAN RENEWAL AGENCY SUPPLEMENTAL BUDGET NO. 2 MINUTES--Eugene City Council April 8, 1991 Page 15 e City Manager Mike Gleason introduced the topic. Councilor Rutan opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 952--A resolution adopting a Supplemental Budget; making appropriation for the Urban Renewal Agency for the fiscal year beginning July 1, 1990, and ending June 30, 1991. . Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 6:0. Councilor Rutan adjourned the meeting of the Urban Renewal Agency and recon- vened the meeting of the Eugene City Council. X. FINDING AND RECOMMENDATION OF HEARINGS OFFICIAL AND ADOPTION OF ORDINANCES LEVYING ASSESSMENTS FOR CONTRACTS 89-38, 90-02, AND 90-04 City Manager Mike Gleason introduced the topic. Mr. Boles moved, seconded by Ms. Ehrman, to approve the Hear- ings Official's findings and recommendations of March 18, 1991. Roll call vote; the motion carried unanimously, 6:0. e CB 4296--An ordinance levying assessments for traffic signal at the intersection of Coburg Road and Chad Drive; and declaring an emergency (Contract 89-38). CB 4297--An ordinance levying assessments for paving and side- walks on Avalon Street from 100 feet west of Dola Street to Danebo Street; and declaring an emergency (Contract 90-02). CB 4298--An ordinance levying assessments for sanitary sewers in Cross Street from Garfield Street to 600 feet west of Garfield Street; and declaring an emergency (Con- tract 90-04). Mr. Boles moved, seconded by Ms. Ehrman, that the bills, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 6:0. Council Bills 4296, 4297, and 4298, were read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, that the bills be approved and given final passage. Roll call vote; with all e MINUTES--Eugene City Council April 8, 1991 Page 16 e e e councilors present voting aye, the bills were declared passed (and became Ordinances 19765, 19766, and 19767 respectively). (The council agreed to postpone agenda items XII, regarding the Regency West Subdivision (Contract 90-25); and XIII, approval of Intergovernmental Rela- tions Committee minutes, until a later date. Subsequent agenda items were renumbered.) XI. FIRST READING OF ORDINANCE REGARDING CABLE FRANCHISE City Manager Mike Gleason introduced the topic. Randy Kolb, Information Services Director, was available to answer questions. CB 4300--An ordinance granting to TCI Cablevision of Oregon, Inc., a renewal of its non-exclusive franchise for the operation of a cable communication system only. Mr. Boles moved, seconded by Ms. Ehrman, to consider the first reading of an ordinance granting a TCI Cablevision franchise. Roll call vote; the motion carried unanimously, 6:0. XII. BALLOTING TO DETERMINE INTERVIEWEES FOR THE OPENING ON THE PLANNING COMMISSION City Manager Mike Gleason introduced the topic. Mr. Boles moved, seconded by Mr. Robi nette, to i nterv i ew Ell en Wojahn, Monte Marshall, and Donna Turring for the opening on the Planning Commission. Ms. Bascom requested that the council recruit a larger pool of interviewees, noting that the interview process provides a good opportunity for the council to consider applicants for future positions. Ms. Ehrman voiced concern that certain areas of the City are not being repre- sented on the Planning Commission. She suggested that the council re-ballot at the next council meeting. Roll call vote; the motion carried 4:2, with councilors Rutan, Boles, Robinette, and Nicholson voting in favor, and council- ors Ehrman and Bascom opposed. At 12:25 a.m. the meeting was adjourned. MINUTES--Eugene City Council April 8, 1991 Page 17 e e e Respectfully submitted) _?~-O"f! ~tr, Michael Gleason City Manager (Recorded by Traci Northman) mncc 040891-730 MINUTES--Eugene City Council April 8) 1991 Page 18 ~ - ~--