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HomeMy WebLinkAbout05/29/1979 Meeting -- " '. e e e M I NUT E S EUGENE CITY COUNCIL May 29, 1979 Adjourned meeting from May 23, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 7:30 p.m., Council Chambers, May 29, 1979, with the following Councilors present: Jack Delay, Betty Smith, Brian Obie, D. W. Hamel, Gretchen Miller, and Emily Schue. Councilors Scott Lieuallen and Eric Haws were absent. I. PRESENTATION OF PLAQUE TO DON DICKEY Manager said Mr. Dickey has served the City for 35 years. As Abatement Officer, he has helped with the elimination of nuisances, either by contract or as an employee, since 1944. He has been called upon to rid the City of rodents, moles, raccoons, bees, possums, squirrels, and other wildlife that cause problems. He held Badge #11 of the Eugene Police Department, and duly turned it in upon his retirement a few months ago. Mayor Keller presented Mr. Dickey with a plaque, with Badge 11 mounted on it, thanking Mr. Dickey for his years of fine service. I I . SLIDE SHOW ON "S0ME SPECIAL CITY PROJECTS" Manager said the slide show was prepared to show civic and neighborhood groups. It illustrates vari ous projects whi ch are achi evi ng "improved service delivery" at lower cost to the local taxpayer. There are five kinds of different projects: First are projects that employ innovative approaches; second are projects that use higher technology; third are projects that use improved management techniques; fourth, projects paid for by non-local funds; and fifth, projects that use volunteers. Manager explained innovative projects in fire service delivery. Police noise suppression, energy conservation, and data processing are high technology projects. Better management techniques have resulted in Eugene having a cost-saving central garage for maintenance and repair of all City vehicles, the City administrating its own risk insurance, and securing needed interest on debt service. Some Airport improvements will be from 100 percent federal funds and some Airport projects will be paid with 80 percent federal, the other 20 percent being financed by bonds paid back by user (airlines) fees. Restrooms at Spencer Butte Park paid for by 100 percent federal funds. Volunteers were responsible for building the paths around Spencer Butte Park. The slide show ended with other examples of outside funding: The Valley River bike bridge, the neighborhood improve- ment in the Westside and Whiteaker neighborhoods, Petersen Park, and Kaufman Center. 5/29/79--1 2.'7 ,,- III. PUBLIC HEARINGS A. Paving Projects (maps distributed) 1. Queens Way--Cal Young to Meadowlark School Mr. Allen said this project was initiated by a request from the school district. The proposed project would be a sidewalk on one side of the street assessing the residents on both sides of the street $6.00 a foot for the project. It would be built this summer. These are Council-initiated projects and the action is for approval that would allow Public Works to go to final design. There will be one more public hearing at which time they will consider the award of the bid. . Public hearing was opened. Those testifying were: . John Knoelling, 1968 West 34th Avenue--Principal of Meadowlark School, said that when cars pass on this street bicyclists are forced to ride on the gravel shoulder. The initial hope was to have paving and gutters as well as sidewalks. It is an improvement to have sidewalks, but, in the future, the school would like to have the street paving and gutters. Herbert Gaskill, 1493 Queens Way, told the Council five of the eight owners like Queens Way as it is. He asked if the owners could form their own improvement community according to the present plan. ~ He suggested the sidewalk would be safer on the east side instead of ~ the west side because children would not have to cross the street to tie into Meadowlark's sidewalk. He noted that they could put the sidewalk in for half the price of the City. Public hearing was closed, there being no further testimony. Mr. Allen stated that the property owners have the right, until the City lets the final contract, to initiate the construction of the walk privately. How they do this is of no concern ~o the City except for issuing a permit, doing the inspection, and furnishing the grades on the project. He said they conducted a pole of eight property owners and got a return that the owners wanted one sidewalk. The City could install the walk on both sides of the street. Council would have the right to initiate the paving of the street as well. The Queens Way property owners could get an estimate from a private contractor because it is a small job. If the sidewalk is not done by the time the City is ready to do it, the City will proceed. Mr. Allen said that on Cal Young Road several property owners have constructed their own sidewalks. - ._~ 5/29179--2 2.."18 e Resolution No. 3158--Authorizing sidewalk construction on Queens Way from Cal Young Road to approximately 300 feet north (1778) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. 2. Cal Young Road--Gilham to Willakenzie Mr. Allen said this project was initiated by the Meadowlark School. He said several owners have put in their own walks after being notified that it would be brought to the Council for installation of a City contract. Public hearing was opened on sidewalk along Cal Young Road. Those testifying in favor of the sidewalk were: John Knoelling, Principal of Meadowlark School, said the only way the children could get to school was to walk on the grass along Cal Young Road or to cross Cal Young Road twice or to walk on the bicycle lane against traffic. The Safety Committee of the School District recommended this paving. It would tie in with Queens Way paving. He felt the west side for the sidewalk was safer for the children. e Public hearing was closed, there being no further testimony. Resolution No. 3159--Authorizing sidewalk construction on the north side of Cal Young Road from Willakenzie Road to Gilham Road (1778) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. 3. Jefferson Street--Clark to the Rose Garden Mr. Allen noted because of the high volume of particulate in the air in the summer it is the City's intention to pave graveled streets. This street, leading to the Rose Garden, is heavily used in the summer. The Resolution is for approval of the final design ph ase. Public hearing was held with no testimony presented. Resolution No. 3160 - Authorizing street paving on Jefferson Street from Clark Avenue to 300 feet north of River Street (1752) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. - 5/29/79--3 29') Resolution No. 3161--Authorizing street paving on Lassen Street from Haig Street to Roosevelt Boulevard (1739) was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. e B. Rezoning property located west of Alder, south of 24th, from R-1 to C-1 SR with site review procedures and change of sign district from residential to outlying commerical district (map distributed) Manager noted this request from Anthony Stahelski for rezoning had come before the Planning Commission and on a 4:2 vote the Planning Commission had approved the rezoning at the April 3 meeting. Mr. Saul explained the property involved 9600 square feet located in the northeast portion of the block bordered by 24th to 25th and Hilyard to Alder. There has been recent construction on the commercial property in this area. The reason for the submission of this appli- cation is for Sundance Foods to have more storage. The Planning Commission felt that expansion of the commercial area was in keeping with the City's plan for that remaining quarter block. It was the Planning Commission who requested the attachment of the site review suffix for dealing with some of the concerns particularly expressed such as traffic circulation. No ex parte contacts or conflicts of interest were declared by the Councilors. Staff notes and minutes were entered into the record. - Public hearing was opened. Those speaking in favor of the rezoning were: Anthony Stahelski, 2440 Alder Street, owner of Sundance Foods, said he did not have adequate storage facilities on the store side of the alley and would like to use the storage on his property east of the alley. Delivery would be solely through the alley, not on Alder. He would not like to see an increase of traffic on Alder Street. All neighbors favor this request to rezone, he said. Alice Sodorwald, 2493 Harris, commended Mr.Stahelski for his upgrading of the shopping center by evicting unpleasant owners of these stores and finding businesses that were compatible with the neighborhood. She felt that this request was very reasonable. It was good to have a neighborhood shopping center. Those speaking against the rezoning were: 5/29/79--4 e 300 "- '- . Diane Frank, 2479 Alder, said the Amazon Neighborhood Steering Commit- tee voted against the rezoning (all but one). Although the zoning on Alder is C-1, it is basically a residential street except for a dry cleaners. This rezoning would open the block to commercial development. The neighbor to the south has said that they would put in a commercial establishment. The Council should not rezone on this one request but consider the future potential. The block does not need spot zoning but should have a comprehensive plan. Traffic is already a problem. It is the official bike route. Alder would be like Hilyard. The Amazon neighbors would support a variance for Mr. Stahelski. They would be glad to help him in that way but we do not wish to make the property commercial. e Leslie Childress-Ullman, 1845 1/2 University Street, speaking for the South University Neighborhood Association, said the rezoning would increase traffic. A residential neighborhood would be lost. It would lead to future C-1 zone changes. A comprehensive zone plan is needed, not piecemeal rezoning. The applicant has not shown that land zoned commerical is not available or practicable tq build on. Questions have been raised if this could not be a second story to his current property, if the parking space could not be used for his storage pur- poses. This rezoning would be detrimental to both neighborhood groups. Donald Leach, 2459 Alder, said he lived directly across from the property to be rezoned. He opposed the rezoning because it would affect his livability and change the neighborhood. The storage should be gotten in some other place. The block will change if this property is zoned C-1. Loren Norton, 2411 Alder, was opposed to the rezoning. It would change the neighborhood. Public hearing was closed, there being no further testimony. Ms. Schue asked if the variance was a possible solution to this problem. Mr. Saul said the Code expressly prohibited granting a use variance. The conditional use permit is also against the City Code. Ms. Smith asked if the second story was possible or expansion in the parking area. Mr. Saul said that at the Planning Commission hearing, Mr. Stahelski said an engineer had told him that it was not possible. Mr. Delay asked Mr. Saul if there was no other decision possible than a yes/no decision even though the parties are close together. Mr. Saul said that was correct. Mr. Stahelski testified that they were close together on agreement. He rad originally requested a variance or a conditional use permit. He was told that that was not possible. He was making the request because it was the only legal way he had. e 5/29/79--5 ..301 To Mr. Delay's question if this rezoning would effect other rezoning, Mr. Saul stated that the property to the south between the dry cleaners . and this property could change and the other three properties could also change in character. C.B. 1906--Authorizing rezoning of property located west of Alder, south of 24th, from R-1 to C-1 SR and change of sign district from residential to outlying commercial district was read by number and title only, there being no Councilor present requesting that it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the findings support- ing the rezoning as set forth in Planning Commission staff notes and minutes of April 3, 1979, 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. Mr. Obie said he would vote against the motion with due respect to the Planning Commission. He was concerned that the neighborhood would change when there was not a demonstrated need for the storage expressed. He did not think storage needed to be in the neighborhood. Ms. Miller said she was more inclined toward the motion but she was concerned for the neighborhood. Commercial centers are needed close to where people live. Waiting for a comprehensive plan could be continuing with the status quo, she said. Ms. Smith said she would have to vote against the proposed change. She cited concern about the effect of the zone change on the existing residential character of Alder Street. - Mr. Delay stated he could not support the rezoning at this time. He felt that they had not been offered a reasonable solution to the problem. Motion was defeated, all Councilors present voting no except Hamel and Miller voting aye. Manager noted that this would be referred back to the Planning Commission and a joint meeting with the Council would be planned. C. Abatement--395 East 40th (Lovegren) (Memo and minutes distributed) Manager noted this was requested by the Housing Division of Housing and Community Conservation. This property has had requests for action since March 1978. It is now in a dangerous and weakened condition. Mr. Willard said staff feels this property has serious defects and their requests for compliance have been ignored. - 3o~ 5/29/79--6 ~ ~ e Resolution No. 3162--Authorizing abatement of property located at 395 East 40th Avenue was read by number and title. Ms. Miller asked if there was no one to respond to the abatement. Ed D. Lovegren, 4395 Rustic Place) responded by saying his house was a low-class rental in a neighborhood of better houses. It would be possible to make the house better with not too much money, but if all the provisions were complied with it would be impossible on $85 a month rental. Changing the ceiling heights is an impossible request, but fixing the dry rot in the bathroom, providing fire alarm system, and meeting Code requirements on the woodstove are correctable on this class of rental. Structural problems in the roof as relates to a fire in the house and structural problems as relates to damage done by a car when it ran into the house are problems with the house, but they are not cause for the house to fall down and hurt someone. These faults are somewhat inherent in old structures; they are possible to correct. Ms. Smith noted a correction in the resolution. The building at (70 Rustic Place) should read 395 East 40th Avenue. e Ms. Miller stated that some of the standards have the effect of driving low-income housing out of the City, forcing the tearing down of low-income housing. In this situation there are conditions that are unsanitary and unsafe. It has been let run down. I want to register my objections to such things as City requirements on ceiling heights, she said. Mr. Delay moved, seconded by Ms. Smith) to adopt the resolution. Motion carried unanimously. IV. ORDINANCES FOR SECOND READING A. Hearings Panel Report May 21, 1979, (minutes distributed) Manager noted that no Council members were present at this hearing and asked the Council to approve the report. Mr. Delay moved, seconded by Ms. Smith, to approve the minutes of May 21, 1979, as amended. Roll call vote. Motion carried unanimously. B. Levying Assessments Manager recommended the deletion of council bills 1896 through 1899 so that Council could act on 1887 through 1895. He noted that 1887 through 1895 had no protests and were duly advertised so the Council could act on those bills. He noted the council bills were read the first time May 14, 1979, and referred to the Hearing Panels for hearing May 21, 1979, and were brought back to the Council for consi- deration with a Panel recommendation to levy assessments as proposed. e 5/29/79--7 303 ~ C.B. 1887--Levying assessments for paving, sanitary sewer, and storm sewer within Plum Tree Subdivision; and paving, sanitary sewer, and storm sewer within Janisse Subdivision and storm sewer within 160 feet of the east boundary of Janisse Subdivision extended north to the Amazon Channel (1453, 1457) (78-10-78-11) was read by council bill and title only, there being no Councilor present requesting it be read in full. r e Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18404. C.B. 1888--Levying assessments for sanitary sewer to serve Essex Heights Subdivision (1462) (78-30) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18405. C.B. 1889--Levying .assessments for paving on Hawkins Lane from Highland Oaks Boulevard to 250 feet south of 25th Avenue; and on 25th Avenue from 500 feet west of Hawkins Lane to Hawkins Lane (1487) (78-34) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved,'seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present ~. voting aye, the bill was declared passed and numbered 18406. ~ C.B. 1890--Levying assessments for paving, sanitary sewer, and storm sewer within Commerce West Business Park; and sanitary sewer within 160 feet of the West boundary of Commerce West Business Park (1444) (78-44) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18407. C.B. 1891--Levying assessments for storm sewer between Echo Hollow and Ellsworth Streets from the Marshall Ditch to Royal Avenue (1155) (78-63) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18408. 5/29/79--8 - ~~ . - C.B. 1892--Levying assessments for paving, sanitary sewer, and storm sewer and pedestrian way within and adjacent to Skywood Sub- division (1458) (78-16) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18409. C.B. 1893--Levying assessments for paving, sanitary sewer, and storm sewer to serve Lincoln Crest Subdivision and paving on Lincoln Street from 31st Avenue to Crest Drive (1421) (78-21) was read by council bill and title only, there being no Councilor present requesting it be read in full. e Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18410. C.B. 1894--Levying assessments for paving, sanitary sewer, and storm sewer within and adjacent to Leo and Betty Davis Subdivision; sanitary sewer within 160 feet of the north, south, and east boundaries of Leo and Betty Davis Subdivision; and paving, sanitary sewer, and storm sewer within Linmar Subdivision and sanitary sewer within 160 feet of the east margin of Linmar Subdivision (1396, 1464) (78-24) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18411. C.B. 1895--Levying assessments for paving, sanitary sewer, and storm sewer within South Vista Subdivision; and to serve Anne Plat; and sanitary sewer to serve within 160 feet of the north and south boundary of Anne Plat (1423), 1440) (78-33) was read by council bill and title only, there being no Councilor present requesting it be read in full. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18412. The following council bills were held over: C.B. 1896--Levying assessments for paving, sanitary sewer, and storm sewer to serve Weiger Park Subdivision (1517) (78-38) e 5/29/79--9 3~ . C.B. 1897--Levying assessments for a storm sewer in Dillard Road from 43rd Avenue to 300 feet southeast of 43rd Avenue; and 100 feet to 300 feet south of 43rd from Dillard Road to 800 feet east (1618) (78-57) " - C.B. 1898--Levying assessments for sanitary sewer to serve Tax Lots 18-03-17-10-4801 and 4805 adjacent to East 43rd Avenue (1589) (78-61) C.B. 1899--Levying assessments for a sanitary sewer in Gilham Road from Kidder Subdivision south to existing sanitary sewer (1534) (78-66) V. ORDINANCES FOR FIRST READING--NONE VI. RESOLUTIONS Resolution No. 3163--Authorizing payment of bills and claims for period May 14 through May 29, 1979 was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. Upon motion duly made, seconded and passed, the meeting was adjourned to May 30, 1979. ~y)~ City Manager - (Beth Conant, Minutes Recorder) BC:pm/CM23a21 e. 5/29/79--10 306