Loading...
HomeMy WebLinkAbout02/10/1992 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall February 10, 1992 7:30 p.m. COUNCILORS PRESENT: Bobby Green, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. COUNCILOR ABSENT: Shawn Boles. The regular meeting of February 10, 1992, 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 Carole Bruhl, 708 West 4th Avenue, said that the Public Safety Advisory Com- mittee (PSAC) and the Human Rights Commission (HRC) held a joint meeting last week, during which the two groups discussed the City's camping ordinance. She said the two groups agreed to forward a letter to the council recommend- ing the establishment of a public emergency shelter for single homeless per- sons. She said there are currently waiting lists at all the emergency shel- ters in Eugene except at the Eugene Mission, which she said was not fully accessible to disabled persons. She noted that the punishment for a third offense of illegal camping included possible incarceration. She said that sleep was a physical requirement of humans, but that everyday, many homeless citizens are deprived of adequate sleep. She said the Eugene-Springfield Homeless Action Coalition was currently gathering signatures to urge the suspension of the camping ordinance. She stated that in the past, the City has discredited the efforts of affordable-housing advocates for a lack of public support. She said that public input in the Eugene Decisions process has indicated that citizens value affordable housing in the community. She said that homeless children sleeping in cars on the streets were not crimi- nals and that continued enforcement of the camping ordinance was unconsciona- ble. II. CONSENT CALENDAR A. Approval of City Council Minutes of December 2, 1991, Dinner Work Session and January 8, 1992, Lunch Work Session MINUTES--Eugene City Council February 10, 1992 Page 1 e e e B. Approval of the Hearings Official's recommendations and authoriza- tion of the design, acquisition and bidding of improvements on Goodpasture Island Road from 2,000 feet north of Valley River Drive to 435 feet north of Kingsley Road. C. Preparation of the FY93 Proposed Budget Res. No. 4301--A resolution directing the preparation of the FY93 Proposed Budget. Mr. MacDonald asked that the minutes of January 8, 1992, be removed from the consent calendar. Mr. Robinette declared a conflict of interest with Item B on the consent calendar. City Attorney Bill Gary advised the council to remove Item B from the consent calendar to be voted on separately. Item B was removed from the consent calendar. Mr. Green moved, seconded by Ms. Ehrman, to approve the re- maining items on the City Council Consent Calendar. Roll call vote; the motion passed unanimously, 7:0. Mr. Robinette asked that the council address Item B now instead of at the end of the meeting, saying that interested parties were present in the audience waiting for the council's action on the item. Mr. Green moved, seconded by Ms. Ehrman, to approve Item B, approval of the Hearings Official's recommendations and au- thorizing the design, acquisition, and bidding of improvements on Goodpasture Island Road from 2,000 feet north of Valley River Drive to 435 feet north of Kingsley Road. Mr. Robinette declared a conflict of interest on the motion and abstained from the discussion/action. Mr. MacDonald expressed concern about the significant costs that would be levied against the abutting property owners, which he felt could potentially necessitate development of their property to pay for those costs. He said that after weighing all the factors, he supported the project. Councilors expressed concern about a project of this magnitude being placed on the council's Consent Calendar. Responding to questions, Les Lyle, Public Works Department, said the Goodpasture Island Transportation Study will be included in the City's FY93 Capital Budget. Mr. Nicholson said he was not aware that an evaluation of a future Willamette River crossing was going to be an element of the Goodpasture Island Transportation Study, noting that he read about this in staff's response to correspondence. He expressed concern about potential inequities in levying assessments. He asked if the council should postpone MINUTES--Eugene City Council February 10, 1992 Page 2 e e e action on this project until it can be considered in the context of the Goodpasture Island Transportation Study. Ms. Ehrman said this project reminded her of a recent joint elected offi- cials' meeting at which a "triggering" concept was discussed. She asked if such a concept could be used to implement this project. Mr. Lyle responded that the roadway was deteriorating and that delaying the project would reduce the opportunity to incorporate it into the final improvement structure. He added that staff has received complaints from residents in the area regarding concerns about turning movements into the existing developed sites. He said the Eugene Code addresses the methodology for levying assessments to abutting property owners for road improvements. Ms. Ehrman said it appeared that timing was critical and that the "triggering" has already occurred in this project. Responding to a question, Mr. Lyle said that underground conduits will be provided and street lights will be installed as funds are available. He said that the estimated $45,000 assessment figure for one of the abutting property owners assumed a 36-foot equivalent assessment for the frontage of the prop- erty, but noted that a portion of the frontage may be eligible for a 20-foot equivalent assessment, resulting in a lower assessment. Mr. MacDonald reit- erated his concern regarding the financial impact on abutting property own- ers. Ms. Bascom noted that the area was zoned to provide urban density. Responding to a question from Mr. Nicholson, Mr. Lyle said the traffic volume on Goodpasture Island Road was similar to other collector and arterial streets in Eugene (i.e., Willakenzie Road). Roll call vote; the motion to approve Item B passed 5:1:1, with Councilor Nicholson voting against and Councilor Robinette abstaining. III. PUBLIC HEARING: REQUEST FOR ANNEXATION/REZONING FOR PROPERTY LOCATED IN THE RIVER ROAD AREA ON THE NORTH SIDE OF HORN LANE, EAST OF ANDERSON LANE (AZ 91-14 EUGENE MISSION) City Manager Mike Gleason introduced the item. Cathy Czerniak, Planning and Development Department, summarized the code criteria necessary for annexation and rezoning. This is a property owner-initiated request involving a one- acre tax lot in the River Road area. The property owner has requested annex- ation and rezoning as a first step toward preparing the property for sale and to allow further low-density residential development on the north end of the parcel. The property is located inside the urban growth boundary (UGB), and key urban services can be provided upon annexation. The Planning Commission held a public hearing on the request and recommended approval and rezoning to R-1. Mayor Miller opened the public hearing. MINUTES--Eugene City Council February 10, 1992 Page 3 e e e Vora Heintz, read a letter from Tom Heintz, Chair of the River Road Community Organization (RRCO), expressing opposition to annexations in the River Road area. She said that the annexations being considered this evening violated the interests of River Road residents. She said that RRCO did not receive any proposals for the expedited annexation process requested for all three annexations being considered this evening. There being no other requests to speak, the public hearing was closed. Res. No. 4302--A resolution furthering annexation to the city of Eugene and Lane County Metropolitan Service District for property located in the River Road area on the north side of Horn Lane, east of Anderson lane. The Boundary Commission expe- dited process is requested. Withdrawal from the River Road Water and Park and Recreation Districts will be processed if the annexation becomes effective. Final Order AZ 91-14--A final order rezoning the property from County RA/UL to City R-1. Mr. Green moved, seconded by Mr. Ehrman, to adopt the resolu- tion and final order. Roll call vote; the motion passed 6:1, with Councilor Nicholson voting against. IV. PUBLIC HEARING: REQUEST FOR ANNEXATION/REZONING FOR PROPERTY LOCATED IN THE RIVER ROAD AREA ON THE EAST SIDE OF ALBERTA LANE, BETWEEN HANSEN LANE AND BAUER LANE (AI 91-15 SINGER) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning and Development Department, noted that annexation and zone change criteria summa- rized earlier applied to this annexation. This is a property owner-initiated request involving two residential parcels in the River Road area. The owner has requested annexation and rezoning to obtain urban services for the exist- ing house and to serve new development planned for the rear parcels. The Planning Commission held a public hearing on the request and recommended approval and rezoning to R-I. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. Res. No. 4303--A resolution furthering annexation to the city of Eugene and Lane County Metropolitan Service District for property located in the River Road area on the east side of Alberta Lane, between Hansen Lane and Bauer Lane. The Boundary Com- mission expedited process. is requested. With- drawal from the River Road Water and Park and MINUTES--Eugene City Council February la, 1992 Page 4 . e e Recreation Districts will be processed if the annexation becomes effective. Final Order AZ 91-15--A final order rezoning the property from County RA/UL to City R-1. Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion and final order. Roll call vote; the motion passed 6:1, with Councilor Nicholson voting against. V. PUBLIC HEARING: REQUEST FOR ANNEXATION/REZONING FOR PROPERTY LOCATED IN THE RIVER ROAD AREA ALONG RIVER ROAD, SOUTH OF HORN LANE (AZ 91-16 MERRITT TRUAX) City Manager Mike Gleason introduced the item. Cathy Czerniak, Planning and Development Department, noted that annexation and zone change criteria summa- rized earlier applied to this annexation. This request for annexation and zone change as submitted by the property owner involves six tax lots located on the west side of River Road between Horn Lane and Hillcrest Drive. The properties are vacant, and annexation and rezoning are required before they can be developed for commercial use consistent with the Metropolitan Area General Plan and River Road/Santa Clara Urban Facilities Plan. As part of all annexation requests, staff reviewed the request to determine whether to add right-of-way or public land as permitted by State law. After review by various service providers and the Planning Division, staff included portions of Horn Lane, Hillcrest Drive, and River Road rights-of-way in the request. The River Road/Santa Clara Urban Facilities Plan limits access to the parcels to Horn Lane and Hillcrest Drive; access directly onto River Road is not permitted. Inclusion of Horn Lane and Hillcrest Drive rights-of-way would ensure that appropriate road improvements are made as development occurs and that adequate access is provided. It would also mean that a developer would avoid having to obtain permits from both the County and City to develop the parcels. River Road right-of-way from Horn Lane south to the existing city limits is included for the following reasons: I} the City's Public Works Department has already assumed maintenance responsibilities for this portion of River Road; and 2} the City's Department of Public Safety would have ju- risdiction over a continuous stretch of right-of-way along this portion of River Road. The portion of River Road recommended for inclusion comprises approximately four blocks and slightly more than one third of a mile. Based on citizens' concerns, staff recommends that the Boundary Commission expedit- ed process not be used. A public hearing conducted by the Boundary Commis- sion would ensure an additional opportunity for citizens to comment on staff's recommendations. Responding to a question from Councilor MacDonald, Ms. Czerniak said that inclusion of all of River Road from Beltline Road south to the existing city MINUTES--Eugene City Council February 10, 1992 Page 5 e limits would create an island of the properties east of River Road between the road and the Willamette River. Mayor Miller opened the public hearing. Dave Pederson, representing the applicant, Merritt Truax, testified in sup- port of staff's recommendations and offered to answer questions. Marie Gray, 353 Knoop Lane, said she objected to the inclusion of the River Road right-of-way in the annexation request. She inquired about the process whereby the property owner would be assessed for sewer construction costs when development occurs. Harold Chapman, 51 Chapman Drive, stated reasons why the River Road right- of-way should not be included as part of the annexation and, if it is includ- ed, why the Boundary Commission expedited process should not be used. He said that intergovernmental coordination was important in light of the impact of Ballot Measure 5. He said the principal of North Eugene High School re- cently suggested that the high school be annexed to the city. He noted that the Eugene School District 4J Budget Committee was reviewing a recommendation to seek passage of a General Obligation Bond measure to fund the district's capital projects. He said that most of the River Road and Santa Clara area is part of the district. He said that inclusion of the River Road right-of- way was not in the best interest of the City, as it would lead to a potential future island annexation, which he said would further anger the residents of the River Road community. e Wanda Simmons, 1183 Skipper Avenue, asked that the council not grant the request for a Boundary Commission expedited process. She said she was against the inclusion of the River Road right-of-way and expressed concern about a potential island annexation of the River Road area. There being no other requests to speak, the public hearing was closed. Referring to Ms. Gray's question about the assessment of sewer costs, Ms. Czerniak said that the Code allows sewer assessments to be based on current costs. In response to Mr. Chapman's testimony regarding intergovernmental coordination, Ms. Czerniak said that annexation of the River Road right-of- way would avoid duplication of public safety services by the City, County, and State. Ms. Czerniak clarified that staff has not received an annexation application for North Eugene High School. She explained that the high school is not contiguous to River Road and that an annexation request for the high school could not be expanded to include River Road right-of-way. She said the City Council has not aggressively annexed island areas in the past. She added that there are several island areas located throughout the city, including in the River Road area, that have existed for a number of years. e MINUTES--Eugene City Council February 10, 1992 Page 6 e e e Responding to a question from Mr. Green, Ms. Czerniak said this annexation request, as recommended by staff, is contiguous to the eXisting city limits based on definitions in State statutes. She said the two planning commis- sioners who voted against the request did so because the tax lots included are not adjacent to the main body of the City. Responding to a question from Ms. Ehrman regarding public safety services, Mr. Gleason said that calls for police response to areas that are not annexed to the city are dispatched via the 9-1-1 center to the Lane County Sheriff's Office or the Oregon State Police. Ms. Czerniak clarified that if the River Road right-of-way is annexed, Eugene police would have jurisdiction within the right-of-way to enforce traffic laws. Mr. Nicholson said that island annexations could eventually change the char- acter of an area and suggested exploring ways to tax property owners whose properties are not annexed to the city but use City services. He expressed concern about annexing property whose owners are opposed to being annexed. Ms. Bascom said she was intrigued by the possibility that a large portion of the River Road area could be annexed by an island annexation. She noted that residents could then vote in City elections and be represented by a council- or. She hoped that the River Road right-of-way extending to portions of Santa Clara that have already been annexed would be annexed in the future. Mr. MacDonald commented that constituents in his ward were paying taxes to support City services that are provided to residents who live in urban areas outside of city limits. He expressed concern about the view of many River Road residents regarding annexation. He said he would offer an amendment to the motion to delete the portion of River Road right-of-way from the request, hoping that concerns of River Road residents would be resolved democratical- ly. Mayor Miller discussed the policy of separating annexations from sewers. Res. No. 4304--A resolution furthering annexation to the city of Eugene and Lane County Metropolitan Service District for property located in the River Road area along River Road, south of Horn Lane. Final Order AZ 91-16--A final order rezoning the property from County RA/UL to City GO/SR. Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion and final order. Mr. MacDonald moved, seconded by Ms. Ehrman, to amend the main motion to delete from the proposed annexation that portion of River Road south of Hillcrest Drive to the city limits. Mr. MacDonald said the amendment would leave the portion of River Road right-of-way abutting the six lots as part of the annexation request. MINUTES--Eugene City Council February 10, 1992 Page 7 e Mr. Rutan urged the council not to support the amendment. He said the City's policy with respect to annexation has lowered the level of animosity held by many River Road area residents. He said that inclusion of the contiguous portion of the River Road right-of-way was consistent with the City's policy. Ms. Ehrman concurred with Councilor Rutan regarding the previous level of animosity and expressed concern about raising it again. Responding to questions, Mr. Gleason said that property owners are generally not supportive of annexation unless they have specific needs (i.e., public safety services or development). Mr. Nicholson said he supported the amend- ment, saying that it avoided concerns about a possible island annexation. Responding to a question from Ms. Bascom, Ms. Czerniak said that portions of rights-of-way and portions of rights-of-way that have created islands have been annexed to the City in the past. Roll call vote; the amendment failed 4:3, with councilors Rutan, Green, Bascom, and Robinette voting against and coun- cilors MacDonald, Ehrman, and Nicholson voting in favor. The main motion passed, 6:1, with Councilor Nicholson voting against. City Attorney Bill Gary ~dvised that staff's request for not granting the Boundary Commission's expedited process was not included in the resolution. e Mr. Green moved, seconded by Ms. Ehrman, to reconsider the main motion. Roll call vote; the motion passed unanimously, 7:0. Mr. Green moved, seconded by Ms. Ehrman, to amend the main motion to delete Section 2 of the resolution. Roll call vote; the motion passed unanimously, 7:0. Roll call vote; the main motion passed as amended, 6:1, with Councilor Nicholson voting against. VI. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR NONPROFIT HUMAN SERVICE AGENCIES City Manager Mike Gleason introduced the topic. Mr. MacDonald said the reso- lution would provide the first year allocations of the proposed $541,200 Community Development Block Grant (CDBG) funds to be appropriated over a three-year period to nonprofit human service agencies for the acquisition or rehabilitation of their capital projects. A Request For Proposal (RFP) re- view committee reviewed the RFPs submitted for projects totalling $1.8 mil- lion. The recommended $180,400 will be allocated in the first year. The Community Development Committee (CDC) will forward recommendations to the council for the second and third year allocations in May with the overall e MINUTES--Eugene City Council February 10, 1992 Page 8 e 1992-93 CDBG funding recommendation. He commended the efforts of Linda Dawson, Planning and Development Department, and Steve Manela, Lane County Health and Human Services, and noted that the overall process was well re- ceived by the human service agencies. Mayor Miller commended Ms. Dawson for her work. Mr. Green moved, seconded by Ms. Ehrman, to approve the use of $180,400 in Community Development Block Grant funds for the nonprofit agency capital projects in 1991-92 as submitted. Roll call vote; the motion passed unanimously, 7:0. VII. ISSUANCE AUTHORITY FOR IN-CITY ASSESSMENT BOND SALE City Manager Mike Gleason introduced the item. Lana Lindstrom, Administra- tive Services Department, presented the staff report. The resolution would authorize the issuance and sale of limited tax improvement bonds in an amount not to exceed $1.5 million for the purpose of financing local improvements. The bonds would be secured by assessment payments from benefitting property owners, reserves from the Bancroft Fund, and the full faith and credit of the City to levy ad valorem taxes up to a $10 per $1,000 limit. The bonds would be dated March 1, 1992, and would mature over a ten-year period. The sale date of the bonds would be March 5, 1992. e Responding to a question from Mr. Robinette, Mr. Gleason said that the issu- ance of Bancroft Bonds required a public vote. He said it would be possible to issue General Obligation-backed Revenue Bonds if Bancroft Reserves became too low. Res. No. 4305--A resolution authorizing the issuance and sale of limited tax improvement bonds, Series 1992-0, in an amount not to exceed $1,500,000 for the purpose of financing local improvements Mr. Green moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Roll call vote; the motion passed unanimously, 7:0. VIII. ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS SOUTH OF AIRPORT ROAD City Manager Mike Gleason introduced the topic. Les Lyle, Public Works De- partment, presented the staff report. Approval of the ordinance will enable staff to proceed to acquire the property and negotiate a settlement with the affected property owner. Condemnation proceedings will be used only if nego- tiations do not result in acquisition of the property. CB 4357--An ordinance authorizing the institution of proceed- e MINUTES--Eugene City Council February 10, 1992 Page 9 e e - ings in eminent domain for the acquisition by condem- nation of property interests south of Airport Road for airport purposes (Kokkeler property); and declar- ing an emergency. Mr. Green 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 passed unanimously, 7:0. Council Bill 4357 was read the second time by number only. Mr. Green moved, seconded by Ms. Ehrman, 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 No. 19826. IX. ORDINANCE AMENDING THE EUGENE CODE, 1971, CHAPTER 7 City Manager Mike Gleason introduced the topic. CB 4358--An ordinance concerning local improvement; amending Section 7.010 of the Eugene Code, 1971; and declaring an effective date. Mr. Green 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 passed unanimously, 7:0. Council Bill 4358 was read the second time by number only. Mr. Green moved, seconded by Ms. Ehrman, 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 No. 19827. X. CITY COUNCIL MINUTES OF JANUARY 8, 1992, LUNCH WORK SESSION Referring to page 6 of the minutes of January 8, 1992, Mr. MacDonald correct- ed the last sentence under Item II to read as follows: "Mr. MacDonald asked for clarification on the process by which council officers are elected." He asked that this clarification be flagged for a future process session. MINUTES--Eugene City Council February 10, 1992 Page 10 e e e Mr. Green moved, seconded by Ms. Ehrman, to approve the min- utes of January 8, 1992, as amended. The motion passed unani- mously, 7:0. The meeting adjourned at 9:07 p.m. Respectfull~ ~:Y~ Micheal Gleason, City Manager (Recorded by David Straub) mncc 021092-730 MINUTES--Eugene City Council February 10, 1992 Page 11