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HomeMy WebLinkAbout12/10/1979 Meeting .' . M I NUT E S e EUGENE CITY COUNCIL December 10, 1979 The regular meeting 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., December 10, 1979, Council Chamber. Councilors present: Jack Delay, Betty Smith, Scott Lieual10~, Brian Obie, Gretchen Miller, and Emily Schue. Councilors D. W. Hamel and Eric Haws were absent. 1. PUBLIC HEARING A. Rezoning 1. Property located west of Polk Avenue between Cross Street and Bailey Street from M-2 Light Industrial District to RA Outer Residential District and a change of sign district from Outlying Commercial District to Residential District and property located west of Polk Avenue between Cross Street and Bailey Hill from M-2 Light Industrial District to R-1 Single-Family Residential District and a change e of sign district from Outlying Commercial District to Residential District (City of Eugene: Cross Place) (Z 79-27) Recommended approval by Planning Commission, November 6, 1979, vote 4:2. Manager referred to the map attached to the agenda and noted that the two lots on the cul-de-sac would be rezoned to RA from M-2. The other lots would be rezoned to R-1 from M-2. Susan Smernoff, Planner, said the staff had originally recommended that the two RA lots be zoned R-1 also. Staff saw no problem with rezoning these lots RA, however. Development to the north, west, and east is residential. Chef Francisco is located to the south. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were ~ntered into the record. Public hearing was opened. Speaking in favor of rezoning were: Marianne Griffe, 250 North Polk, owner of one of the lots to be zoned RA (Tax Lot 5400), spoke in favor of the RA zoning. She said the ability to have ctlickens and bees on her property was important for economic reasons and for her sense of security. e 12/10/79--1 blfl '. . Mary Beck, 1350 Bailey Avenue, part owner of the Helios Development Company, also spoke in favor of the RA zoning. e Martha Filer, 235 East 3rd Avenue, recalled that at the Planning Commission meeting, RA zoning for the entire area under consideration was proposed. There was a 3:3 tie vote on the proposal. One of the members voting against it said he first needed to know how the people of Cross Place felt before voting for it. An outreach worker in the Whiteaker neighborhood has since gone door to door with written information on the comparison between R-l and RA zoning. She asked people how they felt about RA zoning. Of the 11 who responded, five favored ~A and four were willing to try it. Ms. Filer said the Land Use Committee from ne Whiteaker Neighborhood Association requests that the Council Gonsider zoning all the lots RA so that residents can keep small animals or have a produce stall on thei r property. Ms. Filer then gave the Councilors copies of the results of the outreach worker1s survey. Speaking against the rezoning: Joe Richards, 777 High Street, representing Chef Francisco, displayed a map of the vicinity which showed the land owned by Chef Francisco and outlined the company's expansion plans. He said that Chef Francisco is a rapidly-growing company. It is running out of space for expansion on land it now owns. This rezoning is an example of a collision between housing goals and compatible i ndu st ri algoa 1 s. He quoted members of the Planning Commission who had expressed concerns that a clean industry like Chef Francisco might be forced to relocate if City policy did not encourage them to stay (Mr. Bernard), and \'iho felt that a land-use diagram was not necessarily City policy (Mr. Thwing). Mr. Richards concluded by saying he did not think it provident to shrink the M-2 e zone in that area. Public hearing was closed there being no further testimony. Mr. Obie asked if Chef Francisco owned the entire triangle encompassed by Cross Place, Polk Street, and Railraod Boulevard. Mr. Richards replied that all but one corner (about 15 percent of the area) was owned by Chef Francisco. In response to testimony in favor of RA zoning, Ms. Smernoff commented that RA was normally considered more appropriate for fringe areas of the city. R-l would allow vegetable gardens. In response to Mr. Richards, she said that the Whiteaker Refinement Plan was developed with much community input. The plan reflects a desire to balance housing needs with business needs. It also reflects a desire to preserve housing near Whiteaker School and the downtown area. She also noted that the area to the west of Cross Place would remain M-2. Manager asked if there was a problem obtaining rehabilitation loans for residen- tial areas zoned M-2. Ms. Smernoff replied that this was a problem. Ms. Smith asked what staff thought this rezoning might mean to Chef Francisco. Mr. Farah replied that the issue was balancing needs: How to let appropriate industrial expansion occur while preserving the housing stock. In this case, there is industrial land in the immediate vicinity of Chef Francisco. The housing stock is rehabilitable, and funds for rehabilitation will not be avail- able unless zoning is changed from industrial to residential. e 12/10/79--2 bl1& Mr. Obie asked if the balance of the M-2 property south of the C-2 area would e be available to Chef Francisco. Mr. Farah replied that the land is vacant now. Mr. Obie then asked Mr. Richards about the expansion plans and was told that over the next five years, Chef Francisco intends to add 64,000 square feet to its facililty, all on land currently owned. Mr. Obie also wondered why the area was to be zoned R-1 rather than R-2 or R-3 since it was in a buffer area adjacent to an M-2 zone. Ms. Smernoff replied that the R-1 designation was req~ested because that is what is recommended in the refinement plan. Most of the area is now developed at low density and there is a desire to maintain this. Ms. Schue asked for more information on the distinction between R-1 and RA. She asked what processes are used to control problems associated with RA. Manager replied that these processes are the same as those used to control nuisances. They would require much staff time to investigate, serve notices, etc. CB 2038--authorizing rezoning from M-2 Light Industrial District to RA Outer Residential District and a change of sign district from Outlying Commercial District to Residential District for property located west of Polk Avenue between Cross Street and Bailey Street Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of November 6, 1979, be adopted by reference thereto; that the bill be read the second time by council bill e number only, with unanimous consent of the Council; and that enactment be considered at this time. A discussion of the motion followed. Mr. Delay commented that the Whiteaker Refinement Plan was a product of a lot of hard work. Some allowances might have to be made for industry when the need arises. At present, however, he favored the recommendation of the Planning Commission. Ms. Miller said she would not want to drive Chef Francisco from the city. In this particular situation, however, the company's expansion needs for the next five years, at least, will be met. This rezoning would simply preserve the status quo giving residential zoning to the residents that are already there. Mr. Lieuallen was also in favor of proceeding with the Planning Commission's recommendation. Mr. Obie said he wanted to be sure that the City had done an adequate job of determining the needs of industry. In Chef Francisco's case, he wants to be sure that the company has adequate room for expansion. In the case of the M-2 property to the west of Cross Place, he asked whether Chef Francisco will be able to obtain that property. Mr. Obie said he would like to see some research from staff on this matter. 0, e 12/10/79--3 bq~ Mr. Delay felt that requesting such research might be asking too much of staff. He asked who will be able to realistically project Chef Francisco's needs beyond e the next five years, or the willingness of owners of M-2 land to sell at a con- venient time. Ms. Schue pointed out that land on Cross Place consists of small lots. Chef Francisco would probably look to larger parcels to the west anyway. Mr. Obie replied that he thought it was a mistake not to find out more about the future use of the M-2 land to the west. Mr. Obie moved, seconded by Ms. Smith, to table the motion for two weeks. Motion failed with Miller, Delay, Lieuallen, and Schue voting no; Obie and Smith voting aye. Vote was taken on the motion which carried with Delay, Lieuallen, Miller, and Schue voting aye; Obie and Smith voting no. The bill was held over for second reading until January 2) 1980. Mayor Keller noted that the Economic Development Committee had looked long and hard at opportunities for businesses in Eugene. One of its goals is that local businesses have the opportunity to expand. He reminded Councilors that Chef Francisco provides employment close to the city center. If there is a weakness in the company's case, it is that it has made no obvious efforts to acquire the lots under consideration. Mr. Delay responded that no strong case had been made for lack of availability of land. He could see why Chef Francisco would not want to see the M-2 area shrunk, but saw no evidence that the company would be inhibited in its expansion plan. e CB 2039--authorizing rezoning from M-2 Light Industrial District to R-1 Single-Family Residential District and a change of sign district from Outlying Commercial District to Residential District for property located west of Polk Street between Cross Street and Bailey Street Mr. Delay moved, seconded by Ms. Smith,that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of November 6, 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. Ms. Miller moved, seconded by Mr. Delay, to amend the motion by changing the R-1 designation to RA. Mr. Keller asked if the amendment would mean automatic referral to the Planning Commission, and was told that it would. , e 12/10/79--4 b50 Ms. Miller felt that the change of designation was worth considering for several e reasons. Other parts of town are zoned RA with apparently few problems. The area is close to the River Road area where the RA uses are permitted. Finally, the residents favor RA. Vote on the amendment was taken; motion passed unanimously. Therefore, the item will be referred back to a joint Planning Commission/City Council meeting. 2. Property located between Van Buren and Monroe streets south of 2nd Avenue and north of 4th Avenue from M-2 Light Industrial District to R-2/SR Limited Multiple- Family Residential District With Site Review Procedures and a change of sign district from Highway-Oriented and Industrial Districts to Residential District and for property located between Van Buren and Monroe streets, south of 2nd Avenue and north of 4th Avenue, a change of sign district from Highway-Oriented District and Industrial District to Residential District (City of Eugene: 3rd Avenue) (Z 79-28) Recommended approval by Planning Commission November 6, 1979. Vote 5:0. Manager introduced topic. e Ms. Smernoff referred Council members to the second map attached to the agenda. The shaded area is presently zoned M-2. The staff had recommended that the west side of the street be zoned R-3/SR and the south side R-3. The Planning Commis- sion decided to rezone only those lots on which there was existing residential use. An R-2/SR designation was recommended for property on both the north and south sides of 3rd Avenue. Two lots were excluded that are currently zoned R-2. Mr. Lieuallen asked about a problem that had come to his attention concerning Westside Foreign Auto. He asked staff what they knew about this. Ms. Smernoff replied that Mr. Cecil Strange owns Tax Lot 1000. On it, he has a residence and his business. He is presently using an undeveloped portion of Tax Lot 1100 as a parking lot for his customers. No ex parte contacts or conflicts of interest were declared. Staff notes and minutes were entered into the record. Public hearing was opened. Speaking in favor of rezoning: Brian Bauske, 327 Adams (Tax ~qt 13700 to be rezoned), said he thought rezoning to R-2 was appropriate for two'reasons: 1) It is entirely consistent with the Whiteaker Refinement Plan; and 2) It wfll encourage preservation of the housing stock in the East Blair area. e 12/10/79--5 ~51 Christie Coffin, Architect, 1362 West 10th Avenue, said that she and Mike Pease have been studying the Blair neighborhood and the problems facing the inner-city area where single-family dwellings are expensive and most present multi-family e developments are unsatisfactory. She urged Council to study alternatives for multi-family housing and for different ways of raising density. She gave Councilors an analysis of housing problems in the Blair neighborhood. Martha Filer, 235 East 3rd Avenue, said that the Whiteaker Neighborhood Land Use Committee was in favor of the recommendation. Speaking against rezoning: Cecil Strange, 335 North Grand, owner of Westside Foreign Auto, asked the Council if they could find a way to solve his problem. He said he owns Tax Lot 1000 and has a home and business on that property. The neighbors had complained that his customers left cars parked on the street, so he made arrangements to use the north end of the adjacent lot (Tax Lot 1100) for parking. There is a chance that he will be able to purchase the property. If it is rezoned, how- ever, he will not be able to use it as a parking lot. Public hearing was closed, there being no further testimony. Mr. Delay asked how the decision was made on the various lots.- Ms. Smernoff replied that Tax Lot 1000 was not included in the rezoning because of its combined residential and service use. The use of Tax Lot 1100 was considered residential since the parking lot was not developed. Mr. Farah added that the Council can exclude this lot from R-2 zoning if it wishes. Mr. Lieuallen asked Mr. Strange why he could not use the lot to the west. Mr. e Strange replied that this was not feasible. His building focuses the operation to the east, and the lot to the west is already rented to Clarence Vos Plumbing for use as a parking lot. Mr. Delay asked if the lots north of the alley were zoned M-2 and was told that they were. He also asked if the owner of Tax Lot 1100 had appeared at any other hearing and was told he had not. Ms. Miller called the Councilors' attention to the minutes of the Planning Commission dealing with this matter. The discussion seems to indicate that Commissioners intended to exclude Tax Lot 1100. Mr. Pearson had said to exclude it, but for some reason Ms. Lannom started with it in her motion. Ms. Schue commented that this seemed to be another instance of a business needing room to expand. She favored excluding the lot from rezoning. CB 2040--authorizing rezoning from M-2 Light Industrial District to R-2/SR Limited Multiple Family Residential District With Site Review Procedures and a change of sign district from Highway-Oriented and Industrial Districts to Residential District for property located between Van Buren and Monroe streets, south of 2nd Avenue and north of 4th Avenue. e 12/10/79--6 b5Z Mr. Delay moved, seconded by Ms. Smith, that findings supporting e the rezoning as set forth in Planning Commission staff notes and minutes of November 6, 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 enact- ment be considered at this time. Mr. Delay asked if amending the motion to delete Tax Lot 1100 would mean that the entire item would need to be referred to a joint Council/Planning Commission meeting. Mr. Long, City Attorney, replied that if the amendment was approved the entire matter would need to be referred to a joint meeting. Mr. Delay moved; seconded by Ms. Miller, tq amend CB 2040 to delete Tax Lot 1100 from consideration. Motion passed una n i mo u sly. Therefore, the item will be referred to a joint meeting of the City Council and Planning Commission. 3. Property located north of 1st Avenue between Washington and Lincoln streets and south of 1st Avenue between Lawrence and Lincoln streets from M-2 Light Industrial District to R-3/SR Multi-Family Residential District With Site Review Procedures, and a change of sign district from Industrial District to Residential District and for property located south of 1st Avenue between Lawrence and Lincoln streets a change of sign district from Industrial District to Residential District (City of Eugene: West Butte) (Z 79-29) Recommended approval by e Planning Commission November 6, 1979. Vote 5: l. Manager introduced topic. Mr. Bill Sloat, Planner, said that about 11 tax lots (approximately two acres) were involved. The current use is residen- t i al : single-family dwellings, duplexes, and one multi-family complex, the Hillside Apartments. The change in zoning to R-3/SR corresponds to the Whiteaker Refinement Plan, which calls for medium-density in that area. Site revi ew was required because of the area's proximity to Skinner Butte and because of the industrial uses along 1st Avenue. No exparte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Speaking in against rezoning: James D. Chaudoir, 91 North Lawrence, resident of a block adjacent to the area in question, opposed the change to R-3. He said he would prefer the lower density R-2 designation because the area is already overpopulated and has problems with too much traffic. Joseph Brown, 90 North Lawrence, said that he has lived in the area for four-and- one-half years. Over that time, traffic problems have increased dramatically. He would prefer R-2 designation. e 12/10/79--7 b53 Mike Pease, 1901 Fairmount Boulevard, architect, said that his studies of the Blair neighborhood have lead him to the conclusion that it is difficult to e provide housing that is good for neighborhoods when the areas are zoned R-3. An R-3 zone often means an increase in auto dependence, a decrease in the variety of dwelling types, and a front of cars to the street. Too much vege- tation is often destroyed. Mr. Pease said that higher density is appropriate in any location, but recommended researching alternate forms of higher density. Gary Hill, 36 North Lawrence, also testified against rezoning and said it would mean an increase in taxes. Marlene Nelson, Whiteaker Outreach Worker, testified that she had gone door to door asking residents about their zoning preference. Most prefer R-2. Public hearing was closed there being no further testimony. In response to testimony, Mr. Sloat replied that R-3 zoning would not preclude preservation of existing dwellings. It would allow a range of housing and encourage density in an area with access to open space and transportation. The Refinement Plan calls for a density of 20 to 40 units per acre in that area. An R-2 zone would only allow 16 units per acre. Maximum coverage requirement for R-2 is 60 percent; for R-3 it is 70 percent. Ms. Schue asked if coverage requirements include parking. Mr. Sloat replied that parking is included. Mr. Lieuallen commented the traffic in the area was not generated so much by the e residents as by those who travel through the park to avoid using congested streets. That is a problem that can be dealt with in the future by closing the park to through traffic. Mr. Lieuallen said he felt that reducing the zoning will not solve the problems of traffic or appropriate multi-family housing. He also noted that if a resident owns a single-family home located in an R-3 zone, he is not obliged to pay taxes based on the highest use of the land. CB 2042--authorizing rezoning from M-2 Light Industrial District to R-3/SR Multi-Family Residential District With Site Review Procedures and a change of sign district from Industrial District to Resi- dential District for property located north of 1st Avenue between Washington and Lincoln streets and south of 1st Avenue between Lawrence and Lincoln streets Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of November 6, 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. e 12/10/79--8 ~54 Mr. Delay commented that there is resistance to increasing densities, in part, e because of what people have seen happening when densities are increased. Maybe there is something which can be done to facilitate more livable higher density housing. Vote was taken on the motion, which passed unanimously and was read the second time by council bill number only. Mr. Lieuallen commented that Mr. Pease and Ms. Coffin have raised valid issues. He asked whether anything is being done to improve how higher density areas a'~p. developed. Mr. Farah responded that land assembly had been mentioned in the Growth Management Study. The Council expressed concern about it, feeling the City must proceed carefully in that area. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. Motion carried with all Councilors present voting aye, except Mr. Delay voting no. The bill was declared passed and numbered 18538. CB 2043--authorizing a change of sign district from Industrial District to Residential District for property located south of 1st Avenue between Lawrence and Lincoln streets Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of November 6, 1979, be adopted by reference thereto; e 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. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, except Mr. Delay voting no, the bill was declared passed and numbered 18539. 4. Property located on the northwest corner of West 8th Avenue and Van Buren Street, property located on the northwest corner of West 11th Avenue and Tyler Street, and property located on the east side of Monroe Street between 11th and 12th avenues from R-2 Limited Multiple-Family Residential District and RG Garden Apartment Residential District to C-1/SR Neighborhood Commercial District With Site Review Procedures (City of Eugene) (Z 79-30) Recommended approval by Planning Commission November 6, 1979. Vote 6:0. Manager introduced topic. He also said that the rezonings involved properties on which there are three grocery stores. - 12/10/79--9 '55 Mr. Sloat said the rezonings are recommended in order to implement the Refine- ment Plan in the Whiteaker neighborhood. The Plan's Policy No.3 calls for e small scale commercial development in the area. The rezoning would provide legitimate zoning for properties on which there are existing markets--The Hew Frontier Market, The Market, and the Monroe Street Market. No exparte contacts or conflicts of interest were declared by the Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Testifying in favor of rezoning: Jon Stafford, 1060 Madison, speaking for the Westside Neighborhood Association, said the neighborhood group liked the idea of the rezoning and urged its adoption. There was no testimony against the rezoning. Public hearing was closed, there being no further testimony. CB 2044--authorizing rezoning from R-2 Limited Multiple-Family Residential District and RG Garden Apartment Residential District to C-1/SR Neighborhood Commercial District With Site Review Procedures for properties located on the northwest corner of West 8th Avenue and Van Buren Street, on the northwest corner of West 11th Avenue and Tyler Street, and on the east side of Monroe Street between lIth and 12th avenues Mr. Delay moved, seconded by Ms. Smith, that findings supporting the rezoning as set forth in Planning Commission staff notes and e minutes of November 6, 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. Motion passed unanimously, and the bill was read a second time by council bill number only. 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 18540. B. Replacement of Acorn Park Bridg~ Manager called Councilors' attention to the report attached to their agenda presenting the advantages and disadvantages of replacing the Acorn Park Bridge. Staff recommends that the bridge be rebuilt. Mr. Teitzel, City Engineer, said that several alternatives were considered before recommending replacement. He also mentioned that his Department had received two petitions--one in favor of replacing the Acorn Park Bridge containing 258 signatures, and the other in favor of a Buck Street Bridge containing 35 signatures. . 12/10/79--10 ~5b . Res. No. 3284--a resolution authorizing the execution of Contract No. 7207 e with the State of Oregon Department of Transportation concerning an urban system construction project Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. All Councilors present voting aye, the resolution was adopted. \ II. ORDINANCES FOR SECOND READING A. Historic Landmark Designation For the Southern Pacific Passenger Depot and Outbuildings CB 2017--authorizing Historic Landmark designation for the Southern Pacific Passenger Depot and Outbuildings, located at the north end of Willamette Street Manager noted that at the request of the Southern PaCific Railroad, the second reading of this ordinance was held up so that Southern Pacific could send a representative to discuss the matter with the City. The representative has told the City that it is a matter of company policy to oppose such designation. Renovation is costly and the railroad is opposed to accepting Federal money for it because of the red tape involved. ' Manager then told Councilors that they could act on the bill or hold it over as a courtesy to the railroad until January. Any later than that would mean that e the depot could not qualify for grant funds. CB 2017--authorizing Historic Landmark designation for the Southern Pacific Passenger Depot and Outbuildings, located at the north end of Willamette Street Mr. Delay moved, seconded by Ms. Smith, that the bill be approved and given final passage. Mr. Lieuallen asked Judith Rees, Historic Preservation Specialist, for her analysis. Ms. Rees responded that staff still recommended the historic landmark designation for the depot and outbuildings. Its leasee, Amtrak, is interested in renovation and money is available for it. Roll call vote was taken on the motion. All Councilors present voting aye, the bill was declared passed and numbered 18549. B. Hearings Panel Report December 3, 1979 (Minutes Attached) Mr. Delay moved, seconded by Ms. Smith, to accept the report and approve the minutes of December 3, 1979. Roll call vote. Motion carried unanimously. e 12/10/79--11 ~57 . C. Levying Assessments The following council bills, read the first time November 21, 1979, were referred e to the Hearings Panel for hearing December 3, 1979, and are being brought back for Council consideration with Panel recommendations to levy assessments as proposed: CB 2024--levying assessments for paving, sanitary sewer, and storm sewer within 1st Addition of Leahy Plat, and on Pearl Street adjacent to 1st Addition to Leahy Plat (78-51) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18541. CB 2026--levying assessments for storm sewer along south boundary of Delta Grove PUD from Happy Lane to 800 feet west (79-06) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18542. CB 2027--levying assessments for sanitary sewer in Banyan Subdivision and sanitary sewer construction 350 feet south of Cal Young Road from Hammock Street to 240 feet east (79-14) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present e voting aye, the bill was declared passed and numbered 18543. CB 2028--levying assessments for paving on McKinley Street from approxi- mately 200 feet north of 20th Avenue to 250 feet south of 20th Avenue; and on 20th Avenue from McKinley Street to City View St reet (78- 53) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18544. CB 2029--levying assessments for paving Best Lane from lone Avenue to 1300 feet north (78-62) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18545. The following council bills, read the first time November 28, 1979, were referred to the Hearings Panel for hearing December 3, 1979, and are being brought back for Council consideration with Panel recommendations to levy assessments as proposed: e 12/10/79--12 b58 CB 2034--levying assessments for paving and sidewalk on Cal Young Road e from Gilham Road to Norkenzie Road (78-28) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18546. CB 2035--levying assessments for paving, sanitary sewer, and storm sewer to serve Anne 1st Addition (78-68) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18547. CB 2036--levying assessments for sanitary sewer within Hollycrest Subdivi- sion and within 160 feet of the southwest boundary of Hollycrest Subdivision (79-37) Mr. Delay moved, seconded by Ms. Smith, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18548. III. RESOLUTIONS A. Res. No. 3285--authorizing payment of bills, claims, and progress e payments for the period November 26, 1979, through December 10, 1979 Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. All Councilors present voting aye, the resolution was adopted. Upon motion duly made, seconded, and passed, the meeting was adjourned to December 12, 1979. ~)~ Charles T. Henry City Manager (Recorded by Hillary Kittleson) HK:so/CM26a10 e 12/10/79--13 f>5CJ --~----~-"-_._-_. -.._------_...- ._-------- "--._- . -- ----- - --..--- - --- ---------.- " . "':; MINUTES .' ASSESSMENTS HEARING Monday, December 3, 1979 ". . '. . e ".' _. Members Present: Staff Present Councilor Smith Bert Teitzel Councilor Miller City Engi neer ", ~. The meeting was called to order by Councilor Smith. ,.. levying assessments for public ~mprovement projects l. C.B. 2024--Levying assessments for paving, sanitary sewer and storm sewer within 1st Addition to Leahy Plat and on Pearl Street adjacent to 1st Addition to Leahy Plat (1484--78-51) .-. No written' protests or requests to b~ heard were received. RECOMM::NDATION: . levy assessments as proposed. 2. C. B. 2025--Levying assessments 'for paving, sani tary sewer and storm sewer to serve -, ' 1st Addition to Sweetbriar Subdivision; sanitary sewer to serve area withirl 160 feet of the east boundary of 1st Addition to Sweetbriar Subdivision, sanitary sewer and storm sewer within Sweethriar Subdivision ,e - - and sanitary sewer to serve area within 160 feet of the southeast boundary '"'~,. of Sweetbriar Subdivision; and storm sewer to serve Tom's Plat (1449,1584,1479--78-52) Mr. Teitzel explained that this assessment was being revised and would be brought before the next assessment panel hearing. 3., C.B. 2026--Levying assessments for storm sewer along south boundary of Delta Grpve , '.< PUD from Happy lane to 800 feet west (1587--79-06) ,< No written .protests or requests:to ,be heard were received. . RECOMMENDATION: Levy assessments as proposed. 4. C.B. 2027--Levying assessments for sanitary sewer in Banyan Subdivision and sanitary sewer construction 350 feet south of Cal Young Road from Hammock Street to 240 feet east (1581--79-14) Request to be heard was received from John Morrison of Spyglass Development Company, 2000 Cal Young Road, Eugene, and Michael J. Starr of 235 Spyglass Drive, Eugene. . Mr. Teitzel explained that this project was initiated by petition from the owner of Banyan Subdivision. He stated that the most logical route of . . construction was on the boundary of the subdivision, which created an assessment to the adjacent property. +_._.f Mr. Morrison presented a map to the Councilors, showing the development of Champignon Subdivision. He stated that sewers had been privately . - 1 - bbO , .~...._- ,.-______n__ - .- ~'-' . , " ; . constructed and paid for by this small development, and the public '.. e sewer would never be of benefit to these lots. He stated he felt there should be a provision such as a reserve strip used for street, '( , pavingt whereby the property is assessed only if the sewer is used. Mr. Teitzel stated that adjacent property is assessed even though it has a private sewer system because the benefit is assumed by virtue of the sewer line being available for future use. Mrs. Smith stated she was sympathetic with Mr. Morrison's argumentst how- ever, th,= policy is to have property owners pay for benefitting services. Ms. Miller stated she was reluctant to sit on the panel and make changes in established policy, however, she continually saw disincentives to developers of PUDls, and she felt there should be a new assessment policy in these instances. Mrs. Smith stated she would like to see staff directed to study the assessment policy towaid adjacent privately constructed seWer systems. RECOMHENDATION: levy assessment as proposed, however, that staff be directed to study possible code and policy changes for assessments to properties with privately constructed sewer systems. 5. C.B. 2028--Levying assessments for paving on McKinley Street from approximately e 200 feet north of 20th Avenue to 250 feet south of 20th Avenue; and -- on 20th Avenue from McKinley Street to City View Street (1468--78-53) C No written protests or requests to be heard were received. RECOMMENDATION: levy assessment as proposed. 6. C.B. 2029--Levying assessments for paving Best lane from lone Avenue to 1300 feet north (1494--78-62) No written protests or requests to be heard were received. RECOMMENDATION: levy assessment as proposed. . 7. C.B. 2034--Levying assessments for paving and sidewalk on Cal Young Road from Gilham Road to Norkenzie Road (844--78-28) No requests to be heard 'were received. Mr. Teitze1 brought the-Councilor's attention to a letter received from Susan Laks of 1715 Cal Young Road, wherein Ms. Laks stated she felt the City should establish a policy for extension or deferral of assessments for low income persons who are under 55 years of age. Mr. Teitzel stated that Ms. Lak's letter would be .. answered by staff. e RECOMMENDATION: Levy assessment as proposed. ('- t ASSESSMENT PANEL HEARING - 2 - December 3, 1979 toto, " - . " B. C.B. 2035--Levying assessments for paving, sanitary sewer and storm sewer to serve Anne First Addition (1558--78-68), e No written protests or requests to be heard were received. RECOMMENDATION: Levy assessments as proposed. 9. C.B. 2036--levying assessments for sanitary sewer within Hollycrest Subdivision and within 160 feet of the southwest boundary of Hol1ycrest Subdivision (1640--79-37) No w~~tten protests or requests to be heard were received. REC01'<!MENDATION: Levy assessments as proposed. . - .. - ASSESSMENT PANEL HEARING - 3 - December 3, 1979 1o~2.