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HomeMy WebLinkAbout06/10/1991 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall June 10, 1991 7:30 p.m. COUNCILORS PRESENT: Shawn Boles, Debra Ehrman, Ruth Bascom, Bobby Green, Kaye Robinette, Randy MacDonald, Paul Nicholson COUNCILORS ABSENT: Roger Rutan The adjourned meeting of June 5, 1991, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. 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 Mason, 1803 West 34th Avenue, said that he is frustrated that he has not yet received a satisfactory response to Questions he raised during earli- er testimony on April 8, 1991, regarding the Lorig and Associates development proposal. He said that he would be submitting a memorandum on June 11, 1991, and requested a written response to his questions. II. CONSENT CALENDAR Approval of City Council Minutes of February 25, 1991, Meeting; February 27, 1991, Lunch Work Session; and April 8, 1991, Meeting Mr. Boles moved, seconded by Ms. Ehrman, 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 SANTA CLARA AREA, ON THE SOUTH SIDE OF WILKES DRIVE, EAST OF TEMPA STREET (RODERICK Al 91-5) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, briefly summarized the Eugene Code criteria necessary for annexation found in Section 9.158 and zone change criteria found in Sec- tion 9.678(2). MINUTES--Eugene City Council June 10, 1991 Page 1 e Ms. Czerniak said that this is a property owner-initiated request involving approximately 2.25 acres of property in the Santa Clara area. If the annexa- tion request is approved, the owners plan to develop the property for resi- dential uses. She noted that the property was purchased in the early 1980s with the intent to develop, but plans were delayed until sewer service could be provided on the property. The Planning Commission recommended approval of the request. Responding to a question from Ms. Bascom, Ms. Czerniak said that code re- quirements for low-density residential development allow up to ten units of housing per acre. The average density throughout the city for R-l develop- ment has been six units per acre. Ms. Bascom asked about the impact of the development on schools in the area. In response, Ms. Czerniak said that the School District 4J has been informed of the development plans and has indicated that schools in the area have the capacity to serve the additional children. Mr. MacDonald asked for an estimation of emergency response time in the Santa Clara area. Ms. Czerniak indicated that the City has an intergovernmental agreement with the Santa Clara Rural Fire Protection District to provide first response emergency service in the area. The City would serve as a backup. Consistent with the agreement, the goal of the district is to pro- vide a four-minute response time. Ms. Czerniak said that she does not know whether this four-minute goal is being met currently. ~ Mayor Miller opened the public hearing. Chad Roderick, 290 Wilkes Drive, identified himself as owner of the and asked the council to approve his proposal. He said that if the is granted, he plans to develop the property for residential uses. that the property is located within six blocks of a fire station on side, thus emergency response time would not be a problem. property request He noted either There being no additional requests to speak, the public hearing was closed. Mr. MacDonald said that he supports the request, but shared with the council the concerns that the Santa Clara Community Organization has with respect to noncontiguous annexations. Responding to a question from Mr. Nicholson, Ms. Czerniak said that an incor- poration effort was made for the River Road/Santa Clara area about ten years ago. This request was denied by the Boundary Commission because it was de- termined financially unfeasible. She explained that it was determined that the proposed tax rate would not provide an adequate level of urban services as required by the State. She added that several years ago, some River Road area residents began a petition drive to initiate large-scale annexation of the area; the petition drive was never completed. e MINUTES--Eugene City Council June 10, 1991 Page 2 e- e e Mr. Gleason explained that when the City, County, and Springfield adopted the urban growth boundary and established the General Plan, they accepted the responsibility for providing all urban services in the area. While Santa Clara residents could try to incorporate into a city, it would be more expen- sive than annexing to the city of Eugene. Res. No. 4250--A resolution furthering annexation to the city of Eugene and the Lane County Metropolitan Wastewater Service District for property locat- ed in the Santa Clara area on Wilkes Drive, east of Tempa Street. Withdrawal from Santa Clara Rural Fire Protection District upon an- nQ~ation. (Withdrawal from S~nta Cldrd Water Di~trict Will bQ procQ~~Qd ~~p~~~t~ly if the annexation is approved.) Final Order AZ 91-5--A final order rezoning the property from County R1/UL to City R-l. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion and final order. Ms. Bascom said that it might be valuable for new councilors to have some background information with respect to State legislation regarding annexa- tion. Roll call vote; the motion carried unanimously, 7:0. IV. PUBLIC HEARING; ELMIRA ROAD MIXED-USE DISTRICT City Manager Mike Gleason introduced the topic. Bill Gary, City Attorney's Office, reminded the council that this is a continuation of the quasi-judi- cial proceeding regarding Media Craft Associates and asked those councilors who disqualified themselves earlier to do so again. Mayor Miller, Mr. Boles, and Mr. Green excused themselves from participating in discussion at this time. Jim Croteau, Planning and Development Department, gave the staff presenta- tion. He said that on April 22, 1991, the council approved an owner-initiat- ed change to the Bethel-Danebo Refinement Plan for Media Craft Associates to allow for a mixed-use district. This district is a special designation to allow for a mixed-use of both industrial and residential purposes on the property; specifically, it would allow for video, film, and audio production facilities and other related services. Mr. Croteau noted that, consistent with concerns of surrounding property owners, the mixed-use designation spe- cifically excludes any retail activity on the property. Additionally, the agreement requires that 30 percent of the property be developed as residen- tial. Any development of a nonresidential nature on the property would re- quire the property owner to go through a site review process. MINUTES--Eugene City Council June 10, 1991 Page 3 e e e Mr. Croteau said that the Planning Commission approved the proposed mixed-use zoning district in a 4:0 decision, with one abstention. Responding to a question from Ms. Bascom, Mr. Croteau said the criteria that is contained in the site review process should be sufficient to preserve the trees that are located on the western portion of the property. Regarding the non-retail requirement, Ms. Bascom asked whether there might be allowances made for a grocery store on the property. In response, Mr. Croteau said that under the requirements of the mixed-use district, a grocery store would not be allowed. He noted that during public testimony, many neighboring residents indicated that they did not want that type of activity permitted on the site. Ms. Bascom asked whether the 100-foot requirement would be sufficient for neighborhood notification in that area. Mr. Croteau said that all property owners with property directly adjacent to the parcel would be notified under the 100-foot notification requirements. Ms. Ehrman asked whether four councilors are enough to enact an emergency clause. In response, Mr. Gary said that the charter requires a two-thirds vote of the full council to enact an emergency clause. He added that because of the number of councilors who excused themselves from debate, it would not be possible to enact such a clause at this time. Councilor Ehrman opened the public hearing. Jim Saul, 111 West 7th Avenue, said that he is representing Media Craft Asso- ciates in this matter. Responding to Ms. Bascom's concerns regarding tree preservation, Mr. Saul said that the property owner has removed four dead trees from the property, but has every intention of preserving as many of the trees on the property as possible. There being no additional requests to speak, the public hearing was closed. Mr. Croteau said that it would not be necessary to use the emergency clause at this time. The zone change application could be submitted concurrently with the 30 days required for ordinance effectiveness. CB 4310--An ordinance concerning the MU-E Elmira Road Mixed- Use District for property on the north side of Elmira Road. Ms. Bascom moved, seconded by Mr. Robinette, 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. Ms. Ehrman said that she would support the mixed-use zoning district although she did not originally support the land use change. MINUTES--Eugene City Council June 10, 1991 Page 4 e Roll call vote; the motion carried unanimously, 4:0. Council Bill 4310 was read the second time by number only. Ms. Bascom moved, seconded by Mr. Robinette, that the bill be approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance 19778). V. APPROVAL OF MINUTES, FINDINGS, AND RECOMMENDATION OF HEARING OFFICIAL AND ADOPTION OF RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR CURB, GUTTERS, AND SIDEWALKS ON HARLOW ROAD FROM GARDEN WAY TO INTERSTATE 5 (JOB #2557) e City Manager Mike Gleason introduced the topic. Mr. Boles moved, seconded by Ms. Ehrman, to approve the Hear- ings Official's minutes, findings, and recommendations for paving, curb, gutters, sidewalks, and traffic signal on Harlow Road from Garden Way to Beverly Street. Mr. MacDonald advocated support for the project and noted that the project is very important to nearby property owners. Mr. Nicholson agreed with Mr. MacDonald about the importance of the project, but said that he does not feel that the property owner should be assessed for sidewalk construction costs. Not only does the property owner have no real access to the sidewalk, but it would be a detriment to the property, rather than a benefit. Mr. Nicholson asked whether the City has a mechanism for relieving the property owner from the costs associated with sidewalk con- struction. . In response, Les Lyle, Public Works, said that the only other mechanism available for financing sidewalk costs would be through the use of other City funds. He cautioned the council against taking such an action, noting that doing so would be inconsistent with the council's past actions with respect to sidewalk financing. Mr. Lyle said that this assessment is no different from other double-frontage assessments and said that the property owner could take access to the sidewalk from his property. Ms. Bascom noted that while the City's sidewalk policies are not always sup- ported by property owners, it is the best way for local government to get pedestrian facilities throughout the city. Mr. Boles said that the Council Committee on Infrastructure (CCI) is taking a detailed look at its transportation corridors and suggested that this might be an appropriate arena for Mr. Nicholson ta raise his concerns. Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council June 10, 1991 Page 5 - e e Res. No. 4251--A resolution forming a local improvement dis- trict for curb, gutters, and sidewalks on Harlow Road from Garden Way to Interstate 5. Mr. Boles moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the motion carried unanimously, 7:0. VI. ORDINANCE CONCERNING APPEALS OF TRAFFIC-RELATED ADMINISTRATIVE DECISIONS City Manager Mike Gleason introduced the topic. CB 4308--An ordinance concerning appeals of traffic-related administrative decisions; amending Sections 5.035, 5.040, 5.045, 5.050, 5.055, 7.405, and 7.410 of the Eugene Code, 1971; repealing Resolution 2421; and declaring an emergency. Mr. Gleason said that he was not at the council meeting where discussion of this issue took place. Although the council chose Option C, he recommends that the council chose Option B instead and explained that that in choosing Option C, the council might allow itself to become involved in discussions which are detailed and highly technical.. Mr. Boles said that when it made its decision, it was the council's intent that in addition to reviewing traffic diverters and street closures, it would have the authority to bring other matters before the council, if there was a majority decision on the council to do so. Mr. Boles moved, seconded by Ms. Ehrman, to amend the motion to delete the last sentence in Section 5.045(1} which says that "Upon the request of any City Councilor, the City Manager shall provide copies of the Hearings Official's decision."; and after the phrase "any councilor may seek council review of the Hearings Official's decision" in Section 5.045(3} to in- sert the phrase "concerning the installation or removal of traffic diverters or the permanent closure of a street." Mr. MacDonald spoke in opposition to the amendment. He said that the council should not give up its authority to review other traffic-related administra- tive items and noted that it would require a majority vote of the council to even hear an issue. Mr. Green agreed. . Mr. Nicholson concurred with Mr. MacDonald and said that street changes are among the most sensitive issues that arise in the neighborhoods. Ms. Bascom disagreed with Mr. MacDonald. She said that in choosing Option B, the council wanted to retain the ability to review street closures and traf- fic diverter issues only. MINUTES--Eugene City Council June 10, 1991 Page 6 - Mr. Robinette said that since these are administrative issues and the council is a policy-making body, the council should proceed with the City Manager's recommendation. Ms. Ehrman said that hearing all these issues is contrary to the council's decision to find ways to decrease the council's work load. She suggested that the council start with the City Manager's suggestion for having only two powers of review. Ms. Bascom concurred. Responding to a suggestion made by Ms. Bascom, Mr. Gary agreed that the coun- cil should extend the time limit from 14 to 30 days for placing an item on the agenda after the Hearings Official's decision. Responding to a request for clarification from Mr. MacDonald, Brant Williams, Public Works Transportation, said that the council directed staff to provide an ordinance that would require the records of appeals for traffic diverters and street closures be submitted to the council as well as any other traf- fic-related appeal requested by a councilor. If councilors wished to review an appeal, the record could be opened with a majority vote by the council. 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. e Mr. MacDonald reiterated his position that particularly on unique, controver- sial issues that arise, the council should retain its authority to review all traffic-related issues. Roll call vote; the amendment carried 4:3, with councilors Boles, Ehrman, Bascom, and Robinette voting in favor, and councilors Nicholson, Green, and MacDonald voting opposed. Ms. Bascom moved, seconded by Mr. Robinette, to amend the ordinance to extend the time limit for placing the issues on the council's agenda from 14 to 30 days. Roll call vote; the amendment carried unanimously, 7:0. Roll call vote; the main motion carried unanimously, 7:0. Council Bill 4308 was read the second time by number only. Mr. Boles moved, seconded by Ms. Ehrman, that the bill be approved and given final passage. Ms. Ehrman indicated that if certain instances arise in the future in which it seems that the council should hear other traffic-related issues, she might be willing to reconsider her position on this issue. e MINUTES--Eugene City Council June 10, 1991 Page 7 e Roll call vote; in a 4:3 decision, with councilors MacDonald, Green and Nicholson voting nay, the bill was declared passed (and became Ordinance 19779). VII. ORDINANCE FOR EWEB TO ISSUE UP TO $22 MILLION IN REVENUE BONDS e City Manager Mike Gleason introduced the topic. Warren Wong, Administrative Services Director, gave the staff report. He indicated that on March 26, 1991, Eugene citizens approved a measure authorizing the Eugene Water and Electric Board (EWEB) board to issue up to $22 million in revenue-supported bonds. The proceeds of the bonds will be used for electrical system improve- ments. The EWEB board plans to issue $13 million during July 1991 and the remaining $9 million to be issued approximately two years later. CB 4311--An ordinance providing for the issuance and sale from time to time by the City of Eugene, acting by and through the Eugene Water and Electric Board, of not exceeding $22 million aggregate principal amount of revenue bonds or other evidences of indebtedness of said city, payable solely from net revenues or any portion thereof of the electric utility system of said city, or from any other monies lawfully avail- able therefore, for the purpose of financing improve- ments to the electric utility system; providing for certain other matters in connection therewith; 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, 7:0. Council Bill 4311 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; in a 6:1 decision; with Councilor Nicholson dissenting, the bill was declared passed (and became Ordinance 19780). VIII. APPOINTMENT: MAYOR MILLER'S NOMINATION TO THE TREE COMMISSION Mr. Boles moved, seconded by Mr. Ehrman, to appoint Bruce Bergby to the Tree Commission. Mr. MacDonald said that the appointment of Mr. Bergby will be a real asset to the Tree Commission. Roll call vote; the motion carried unanimously, 7:0. e MINUTES--Eugene City Council June 10, 1991 Page 8 4It At 8:40 p.m., the meeting adjourned. ~~ ~ .r.~ -- - --~ MicHeal Gleason City Manager (Recorded by Traci Northman) mncc 061091-730 e e MINUTES--Eugene City Council .---~. June 10, 1991 .' -. --...1 _ ~."~...,.:' Page 9 -..'.'