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HomeMy WebLinkAbout09/24/1973 Meeting Council Chamber Eugene, Oregon September 24, 1973 e Adjourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from the meeting held on September 10, 1973 - was called to order by Council President Wickes Beal in the absence of Mayor Anderson at 7:30 p.m. on September 24, 1973 in the Council Chamber with the following other councilmen present: Messrs. Williams, McDonald, Hershner, Keller, Murray, and Wood. Councilwoman Campbell was absent. I - Procedure for September 27, 1973 joint meeting with Planning Commission re: Rezoning Valley River Center property (Montgomery Ward) - County AGT to C-2 Planning Commission recommended denial on July 2, 1973. Council, however, on August 27 approved rezoning to C-2 with the property to be developed under planned unit regulations, the application thereby automatical~y referred to a joint session of the Planning Commis- sion and Council. That meeting was scheduled for 7:30 p.m. on September 27, 1973 in the Council Chamber. James Korth, assis~ant city attorney, distributed to Council members copies of a memo from the City Attorney setting forth~the purpose of the joint session and procedure for the conduct of that meeting. He explained that the Fasano decision has resulted in such far-reaching impiications - not only with regard to zoning matters but also variances, conditional uses, planned unit developments, abatement procedures, zoning board 6f ap- peals decision, etc. - that the City Attorney feels a total study of requirements under . the Fasano decision is needed before Council procedures are adopted. Such procedures more than likely will be in the form of an ordinance. Mr. Korth said the memo with re- gard to conduct of the joint session to consider the Valley River/Montgomery Ward re- zoning application was submitted to more expeditiously decide that issue, if the Council so desires, rather than waiting for an extensive revision of the Code. Planning Director added that Planning staff notes and agenda for the September 27 meeting were distributed along with the memo. The staff notes on information presented to the Council after the application was considered by the Commission were prepared for Commis- sion review. Also ditributed were copies of correspondence from Vern Gleaves, attorney for Valley River. Councilman Murray asked whether questions he and Councilman Wood presented with regard to Council members' voting on zone change issues were going to be answered then or at some other time. Mr. Korth answered that it was expected answers to those questions would be ready for Councii prior to the September 27 meeting. II - Public Hearings A. Abatement 2375 Madison Street (Shook-Dannemiller) Hearing continued from September 10, 1973 meeting. Ross M. Shepard, attorney for property owners Shook and Dannemiller, asked for a six- e month extension of abatement proceedings to allow completion of rehabilitation of the building. He presented pictures showing progress made to this date in removing debris and safety hazards from the property. He said Messrs. Shook and Dannemiller are in the business of renovating older buildings for resale and will now devote full time to renovation of this building. Public Works Directqr noted 'that it was the Council"s prerogative to stay the abate- ment if it so desired. He said a six-month delay would be recommended so long as progress on rehabilitation is continuous and the necessary permits are acquired from the Building Department. Councilman McDonald noted Mr. Korth's mention of abatement proceedings coming under requirements of the Fasano decision and wondered how that would affect this situation. Finance Director answered that the Fasano decision wovld haveno bearing in this instance. Resolution No. 2217 - Authorizing abatement at 2375 Madison Street, submitted on September 10, 1973 and held, was brought back for consideration. Mr. Williams moved seconded by Mr. Wood that the resolution be held for six e months on the condition that (1) the property owners secure necessary permits from the City for improvement of the property, and (2) if the City staff feels appropriate progress is not being made on upgrading the property, the resolution be returned for further Council consideration. Motion carried unanimously. B. Annexation, Willagillespie/Russet Area Planning Director explained that petition for annexation was received on April 4,1973 from citizens of the northernmost portion of the Willagillespie area who were con- cerned with need for sanitary sewers. Planning Commission after consideration of the 2a~ 9/24/73 - 1 ~ petit~on recommended (August 7, 1973) annexation of a larger area bounded on the north and, east by the existing City limits, on the west by easterly right-of-way of Delta Highway, and on the south by the southernmost properties that can be served -~ by extension of the present sewer system. Planning Director added that the Country Club area was not recommended for annexation at this time since fhe,slopeof the iliand ,inthat.area-:is such that it cannot be served by the existing system. Slides of the area originally petitioned and of the larger area were shown and a general description of the property given. It comprises about 331 acres, approxi- mately 325 homes with a population of a little more than 1000, and an assessed valua- tion of about $12 million. Roy Burns of Lane County Building and Sanitation Department told of a 1968-69 study made by that Department of the same general area recommended by the Planning Commis- sion for annexation. He cited statistics resulting from that sutdy on the number of failing septic tanks, and said that experience from studies in other areas has shown that re-evaluation of an area after a four-year time lag results in~a 13% in- crease in failures in that length of time. He felt those conditions would apply to the Willagillespie area were it to be re-evaluated at this time. He displayed slides showing soild capabilities for dwelling units and surface drainage patterns - all indicating a need for sewers. He added that servicing the area originally petitioned for annexation would only partially solve the problem because of septic tank failures located in the southern portion. Planning Director pointed out on slides locations of failing septic. tanks at the time '. of the 1968-69 study. He described roads in the area as substandard and said a land use survey indicated general single-family use, although there is some manufactur- ing, several schools, and commercial development. He further explained that the Planning Commission initially received staff recommendation to annex a small area near and north of Cal Young Road, but then asked staff to look at a smaller area. After reviewing both the smaller area and the entire area which could be annexed, staff made the pre'sent recommendation because the properties could be served by existing sewers and because of information received from the County Health Department. Councilman McDonald asked whether in comparing this area to the Crest Drive and Danebo areas age of housing and s~~tic tanks were taken into consideration. Mr. Burns answered that there was no statistical comparison on age of housing or state of re- pair, although there would be some newer housing in the Willagillespie area. Councilwoman Beal asked whether density of housing is more important tqan type of soil and age of housing in considering whether an area is suitable for sep~ictanks. Mr. Burns answered that State Board of Health regulations governing installation of I sewage disposal systems do not relate to density. The regulations apply strictly to physical evaluation of specific areas. Councilman Williams asked the difference between the annexation of the Crest Heights '. area wherein the State Board of Health ordered annexation and this instance wherein the County is saying there is a health hazard. Mr. Burns explained that under the "health hazard" law either the Councilor a citizen of an area can initiate annexa- tion proceedings. Recent legislation has extended that option to local health de- partment s . After the initial step, annexation proceedings then are pretty much a mechanical process. With regard to the Willagillespie area, he said, it is encircled by the City and the City can annex whenever sewers can be extended to it. Since there is already one action pending before the State Health Division (Skyline Loop annexa- tion) under the health hazard law, it was felt a request for the City to take action would be speedier. I Councilman Murray asked then if the health hazard was any less severe in view of different process being followed to gain annexation and sewers. Mr. Burns said it wasn't. He added that the Willagillespie area was rated among the top five most hazardous health areas in Lane County in the last three to five years, in answer to Mrs. Beal's question regarding severity of the problem. Councilman Hershner asked then if favorable action is not taken to annex whether the County would recommend proceeding with "health hazard" annexation, it being more or less a procedural matter. Mr. Burns said the Counth Health Department does consider . this a health hazard area but they feel the problem can be solved more quickly by the City's taking action itself rather than initiating health hazard annexation procedure. Planning Director added that only recently have sewers been available to the Willa- gillespie area so that action with regard to any health hazard probably could not have been undertaken much sooner. The area is regarded as a logical part of the City and should be included from the standpoint of planning for the central part of the metro- politan region. 2:90 9/24/73 - 2 Councilman Murray asked the kinds of street improvement which would be necessary if the area is annexed, whether park areas were planned, and whether there would be any e new assessment for fire protection. Planning Director said improvement of major arterials in the area are of interest, residential streets probably would wait until petitioned by property owners except perhaps in those areas where sidewalks are needed to service schools, for public safety, etc. Public Works Director identified the major arterials as Cal Young and Willagillespie Road. He reminded the Council that sewer installation would result in streets' 'being torn up. The City does maintain the streets as near as possible to the condition they were in when annexed until petitioned for improvement. The Council does have the right to order improvement without 50% petition from owners of abutting properties. He referred to the Bethell Danebo and Willakenzie annexations as examples of the City's not immediately blanket- ing an area with street improvement upon annexation. Planning Director said there are locations where neighborhood parks could be used; working in conjunction with the School District would be desirable in that regard. He said the Fire Department now services the area under contractual arrangement. Better service would be anticipated uponconstructidn of additional facility to the north proposed under revenue sharing' funds. In answer to Mr. 'Beal, he s'aid that fire 'insurance premiums would be less for citizens of that cirea if annexed to the City. Councilman McDonald commented on the protests usually registered by newly- annexed citizens and on the cost of annexation of any new area to the City because of sewer construction and street improvement. e Public hearing was opened. Ken TolJ,.enaar, 822 Russet Drive, speaking for the Willagillespie PTA, was neutral on the issue of annexation. However, he called attention to the need'for sidewalks to serve the Willagillespie School and plans developed by Lane County staff whereby the area eventually would be 'served with sidewalks. The policy to be recommended by the County staff would make individual property owners responsible for installing sidewalks. The policy also would set certain priorities along arterials where schools would be served and recommend financing of temporary sidewalks' in thos'e areas by Lane County. The PTA is concerned about annexation because of the about-to-be-proposed policy on sidewalks and requested the Council, if the Willagillespie area is annexed, to request Lane-County Commissioners to "hold harrriless" any area t-lhich may be annexed with regard to possible construction of 'temporary sidewalks; i.e~,' if the policy is adopted and if the area is-annexed that the County give assurance the annexed 'area would be treated on the same basis as areas remaining'in the County. In answer to Mrs. Beal, Mr. Tollenaar said his understanding was that temporary facilities would be financed from the County's general road fund on the basis that eventually perma- nent f~cilities would be installed and that permanent walks would be the financial responsibility of owners of abutting properties. . Speaking in favor of the annexation were Bruce Smith, 1685 Sherwood Place Phil Browning, 820 Willagillespie Road' David Hoffman, 1626 Sherwood Place Jim Ho'sey', 256'0~ Inavale Mark Westling, 764 Russet Drive I ' Bill Irsfeld, 1667 Sherwood Place John Stoner, 1498 Corum Their primary concern was the existing health'hazard evidenced by effluence and waste materials carried in the open ditches draining the area. Mr. Smith felt the health menace from the failing septic tanks should be the primary consideration, overriding the issue of sidewalks and increased taxes argued by those opposing the move. He didn't feel annexation would create a block of "no" votes on City issues. He read a letter from Joe Dose, 1649 Sherwood Place, district manager of Bureau of Land Management, in favor of annexation. Mr. Browning maintained the annexation was a sanitation issue, not a political one. Mr. Hoffman cited the fail- ing sewage disposal' system at the Willagillespie School as a' menace as well as other failing systems. He urged approval of the annexation as the best solution in order to take advantage of existing sewers available to the area. Mr. Hosey referred to recent annexations resulting in encirclement of this area by the City thus enabling annexation when sewers were available. e Mr. Westling said the people petitioning the annexation could have gone to the State Board of Health under the "health hazard" law, but felt that coming to the City for action was more appropriate both in terms of giving the responsibility and opportunity to the Council and to more rapidly accomplish a solution to the problem. He asked the Council to at least consider annexation of the original area petitioned if for any reason it decides against borrowing some of the problems of the entire area. Mr. Irsfeld urged annexation of the total area. He felt annexing only a portion would not solve the drainage problem of the overall area. Mr. Stoner, director of 291 9/24/73 - 3 Lane County Building and Sanitation, referred to Councilman McDonald's questions con- cerning functioning of disposal systems and explained that septic tanks fail because of extremely heavy soils and water table. When density in an area increases, the -- water table will rise even when soils offer good drainage. His department strongly urged annexation of this area. Those opposing the annexation were Dorothy Hogue, 60 Brickley Road Oscar Manuel, 149 Rio Glen Drive Claude Carr, 138 Rio Glen Drive Earl Schulze, 857 Ranchwood Drive Dick Doyle, 255 Fir Acres Drive Eric Kirby, 28 Rio Glen Drive Mr. Miller living on Cal Young Road Jeff Davis, 10 Brickley Road Jasper Parmenter, 115 Brickley Road r . ' ~ Mrs. R. F. Wical, 35 Rio Glen Drive Lee Safley, 982 Russet Drive Opposition was generally based on anticipated increase in taxes, cost of sewer in- stallation, and disbelief that a health hazard exists. In answer to Mrs. Hogue, Finance Director explained that the contract for fire protection accounts for offset between anticipated taxes for City services and estimated cost quoted by news media PE?r,: $1000 of assessed valuation. Mrs. Hogue argued about anticipated costs resulting from the annexation and said that issuance of building permits in the area caused the drainage problem. She said that if the area became a part of the City people would '. not be allowed to keep horses, and she questioned that the area was an "island" com- pletely encircled by the City. Neither did Mr. Manuel see why the area was classified as an island. He asked that only the originally-petitioned area be annexed. Planning Director referred to Mr. Hosey's statement that the City annexed area along Delta Highway making an island of the Willagillespie area and said the Boundary Commission took that action. That annexation along with the Valley River Center annexation made the Willagillespie area technically an island, and island annexation laws would be applicable. He added that the area is zoned RA in the County and would be zoned similarly in the City; in any case horses now kept would be allowed to remain unless a health hazard results.~ Mr. Schulze said a number of residents in the area did not receive notice of hearings on the annexation question. He added that the financial worry and resulting "mental hazard" should be considered as well as other problems in the area. Ken Koeffler (sp?), 949 Country Club Road, asked if the Country Club Road area would be included in the annexation. Planning Director answere'd that it w6ulci"not- De in- cluded because that area slopes the other way and cannot be serviced by the sewer system extended from the north. Fred Spores, 1248 Cal Young Road, commented on the care of septic tanks to prevent failures. The others speaking in opposition had ex- perienced no problems with septic tanks and could see no need for installation of - sewers. Councilman Wood asked whether individual systems experiencing no problems would still contribute to pollution of the area. Mr. Burns explained the confusion in defining failure of a disposal system. Normally it is thought of as deterioration of a system, but in reality a system is defined as failing when a drainfield discharges septic tank waste of any nature upon the surface of the ground thereby creating a nuisance or health hazard. Mr. Safley called attention to the new homes at the north end of Russet Drive into which residents have moved within the past year and which are included in the annexa- I tion boundaries. H~'saia'that those people objected to anticipated installation of sewers when septic tank~?usage has only recently started. As a matter of record a letter was received from J. Francis and Edna H. Whitney, 365 Debrick Road, favoring annexation of the entire area bounded by Delta Highway, easterly City limits, Goodpasture Island Road, and Abbie Lane. They felt annexation would be the only answer to the sanitation problem. There being no further testimony, the public hearing was closed. Public Works Director in order to clarify costs of anticipated sewer assessments . quoted an estimated lateral assessment of 109 per square foot for that portion of a lot within 160 feet of any line constructed. Estimated cost of lateral sewer con- nection to the property line is' about $200. So there will be variable costs, he said, involved in assessments based on the estimated figures he gave. 2.92- 9/24/73 - 4 Resolution No. 2220 - Transmitting to Boundary Commission recommendation to annex area bordered on the north and east by existing City limits, - on the west by easterly right-of-way of Delta Highway, on the south by southernmost properties that can be served by extension of the present sewer system, was submitted. Mr. Williams moved seconded by Mr. Wood to adopt the resolution, and that the Council ask Lane County Commissioners to consider granting a "hold harmless" privilege with regard to construction of temporary sidewalks in the Willagillespie area; i.e., if the County adopts the policy to construct ~emporary sidewalks in the area, any area annexed to the City between now and the time of adoption of such a policy will also receive the benefit of temporary sidewalk construction. In making the motion Mr. Williams expressed sympathy with those people objecting to the annexation in view of their having to meet the anticipated financial obligation without being able to make the decision. However, he added, there is no doubt that the area sooner or later would become a part of the City because of the evidence of failing septic tank systems and probability of annexation under health hazard laws. If annexation is postponed until accomplished in that fashion, anticipated sewer construction would be more costly in view of the present 8 to 10% annual increase in construction costs. Mr. Williams said that annexation seemed the only sensible decision to make when looking at a trade-off of costs against an outbreak of hepatitis. . Councilman Hershner asked for clarification of the motion with regard to the words "hold harmless," which sewer system is available to the area, and whether the staff has any figures with regard to costs involved for sewers which would be paid by tax- payers of th~ City generally. Mr. Williams explained his understanding of the words "hold harmless" as used by Mr. Tollenaar in making the request (see motion). Public Works Director said the sewers would be extended from the north and would run almost directly through the center of the area under consideration. His estimate of cost to the City, based on 1972 construction prices, was $46,546 compared to $96,744 to be assessed against abutting properties. Councilman McDonald asked for definition of "temporary" sidewalks. Public Works Director answered that it is assumed asphalt walks or some other hard surface walks would be constructed rather than gravel to accommodate bicycles as well as pedestrians. He added that the City itself does not construct temporary walks. Councilman Keller said there seemed to be few alternatives to annexation in coping with, the sanitation problem, and that it seemed wise to go ahead with the hope that costscn~~wo~ld be considerably less than at some future time. r Vote was taken on the m~tion as stated. Motion carried unanimously. Short recess was taken. .- C. Bids 1. Cutting planter holes in Coburg Road median strip - Parks Department Opened August 15, 1973. I Wildish Construction Company $ 3,500.00 Devereaux & Pratt 4,900.00 Empire Concrete Cutting (Bid sawing only at $1.00 per linear foot) Office Estimate 4,200.00 Finance Director reviewed bids and explained that the work would permit beautifi- cation of the area between Coburg Road Bridge and 1-105 overpass, to be accom- plished with Federal grant funds. Award of contract to Wildish was recommended. Mr. Williams moved seconded by Mr. Wood to award contract to the low bidder, Wildish Construction Company, on their bid price of $3,500.00. Rollcall vote. Motion carried, all councilmen present voting aye. . 2. Improvement of A-3 Channel (Lower Amazon/Flat Creek) - Public Works Department Opened September 17, 1973. Sta.llO+4 to Sta. 229+60 (364) Contract Cost Cost to SCS Willamette Quarries, Inc. $ 229,517.80 $ 229,517.80 Harry Claterbos Company 248,356.00 Jack R. Stephens & William G. Rasor 256,211. 32 Durbin Construction Company 259,095.00 Ray Pudwill Construction 289,996.00 Salem Sand & Gravel Company 304,058.20 Dan D. Allsup Contractor, Inc. 321,648.68 "2..~3 9/24/73 - 5 , " Public Works Director reviewed the bids and described the project. Award of contract to the low bidder was recommended~ Mr. Williams moved seconded by Mr. Wood to award contract to the low .- bidder, Willamette Quarries, Inc., on their bid price of $229,517.80. Rollcall vote. Motion carried, all councilmen present voting aye. Councilman McDonald asked when the project would be started and whether a certain number of days would be allowed for completion. Public Works Director answered that after award of the contract a progress flow chart would be submitted indicat- ing when the contractor wants to begin work. Weather may not allow the work to begin this fall. If it does the work can be stopped when reasonable progress can't be made. The City then can determine when it should start again, with a day count remaining until the project is finished. III - Consent Calendar There were no committee meetings between September 10 and this meeting. IV - Ordinances None presented. V - Resolutions '. Resolution No. 2221 - Authorizing payment of bills and claims for period - September 10 through 24, 1973 was submitted. Mr. Williams moved seconded by Mr. Wood to adopt the resolution. Rollcall vote. Motion carried, all councilmen present voting aye. Upon motion duly made, seconded, and carried, the meeting was adjourned. . ~.cz~ I Finance Director/City Recorder -. -- =--- 2-9i 9/24/73 - 6