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HomeMy WebLinkAbout07/12/1982 Meeting (2) / , " - --;( M I NUT E S e Eugene City Council City Council Chamber July 12, 1982 7:30 p.m. COUNCILORS PRESENT: Betty Smith, Mark Lindberg, D. W. Hamel, Emily Schue, John Ball, Gretchen Miller, and Cynthia Wooten. COUNCILORS ABSENT: Brian Obie. Regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor, Mayor Gus Keller. 1. PUBLIC HEARINGS A. Willow Creek Special Area Study (memo, resolution, and background information distributed) Mr. Gleason said this was a public hearing only. The final decision of the council will be made on July 21, 1982. He introduced Mr. Croteau and Mr. Farah, Planning Department. Mr. Croteau reviewed the staff action taken since the Willow Creek Study was initiated by the Planning Commission and City Council e in February. Staff action included data collection, personal contacts with six property owners, letters to residents, meeting with residents at Bailey Hill School, and contacting agencies involved with City services to the Willow Creek area. A plan amendment is required to the Metropolitan Plan for the Willow Creek area. The amendment has been heard by all three planning commissions and was unanimously approved. It will be heard by the Springfield and Eugene city councils and the Lane County Board of Commissioners within the next month. If this schedule is kept, the Willow Creek amendment will be part of the Eugene-Springfield Metropolitan Area Plan packet to be presented to the Land Conservation and Development Commission at their August meeting. Mr. Farah went over the study itself and highlighted the material in the coun- cilors packets. He pointed out the memo for the cost of service extension to Willow Creek requested by Councilor Wooten. He pointed out a staff supported word change in E-3. He pointed out letters from Mr. Jacob Clifton, David Williams, League of Women Voters, James Saul, and the Metropolitan Plan Advisory Committee. Mr. Farah explained the draft document contained two alternatives: 1) an employment intensive alternative; and 2) a residential alternative. The Planning Commission recommended to the council the employment intensive alternative. Mr. Farah explained the alternative in detail including the wetlands area, the commercial node, and the arterial extension south of Belt Line. He showed maps of the area. - MINUTES--Eugene City Council July 12, 1982 Page 1 ~ ~ Mr. Farah said staff supported the word changes in E-3 as explained in the e distributed material. The suggestions made by the League of Women Voters are also appropriate. They suggested that the City do a hydrology study in the basin. Staff has begun work and has met with the Nature Conservancy. Mr. Farah introduced Mr. Thwing, Planning Commission, and Mr. Sercombe, Attorney's Office, to answer questions. Ms. Wooten asked Mr. Farah to explain the phasing of the Willow Creek develop- ment. Mr. Farah said the policies provide for industrial development only after annexation which could occur with interim sanitary sewer services. Delivery of services will require construction of the West Eugene trunk line. There is now a large supply of land in the City. The Metro Plan states the City should maintain a six- to ten-year supply inventory of residential land. Therefore, the residential portion of the Willow Creek Special Area Study could not be annexed at this time even if the West Eugene sewer was delivered. The plans call for a large amount of multi-family housing in the basin. Ms. Wooten asked if the ten-year capital improvement plan had been amended and it had not. Ms. Wooten asked what wetland zone really meant and how it would be preserved. Mr. Farah answered that the Nature Conservancy is entering into a lease agreement with the property owners of the wetlands area. The City will work with the property owners to annex the wetlands area for development around the wetlands area. Because the sewers are not delivered there, the property cannot be developed or zoned. It would be zoned AG. It would eventually be zoned with a PUD suffix incorporating the wetlands area. e Mayor Keller called for ex parte contacts. Ms. Smith said she would abstain from discussion because of a potential conflict of interest. Mayor Keller asked that the staff notes and minutes be made a part of the public record. Public hearing was opened. Ester Loy, 2683 Eleanor, President, League of Women Voters supported Alternative 1 and the special light industrial site designation. They are in support of the plan amendment. They have two additions to the text. Regarding C-3 Urban Level Storm Run-off, a hydrology study of the Willow Creek basin should be done. Regarding Section A-2, a financial element with all financial information along with a table of cost for City services should be added. James S. Kagan, staff ecologist for the Nature Conservancy, 525 SE 16th Street, Portland stated that the plan addresses the needs for preserving the wetlands area and its rare plants as well as providing for development. James Saul, representing Mr. Gene Pitchford, PO Box 1650, Eugene, spoke in support of the Planning Commission's recommendation. Tom Sciaretta, 2616 Windsor Circle West, Eugene, spoke in support of the study. He was pleased with the location of the special light area. This is a good step forward. e MINUTES--Eugene City Council July 12, 1982 Page 2 J ......' Public hearing was closed. e Mr. Farah said staff could work on a financial element for the study. Mr. Far ah recommended the suggested rewording for a thorough hydrology study. 'There was consensus on the part of the council to support the League of Women Voters's two suggested recommendations concerning a hydrology study and addition of a financial element. Councilor Lindberg left the meeting. B. Appeal of Planning Commission Action on a Zone Change Request for Property Located on the Southeast Corner of West 11th Avenue and Bailey Hill Road from M-2 Light Industrial District to C-2 Community Commercial District (Estate of Clara Boatman) (Z 82-6) (memo, map, and background information distributed) Mr. Gleason introduced Mr. Croteau, Planning Department. Mr. Croteau said the zone change was postponed to June 1, 1981, in order to let the Planning Commis- sion and City Council reach a decision on the "Cowboy Country" request. On June 1, the Planning Commission ended with a tie vote 3:3 which is considered a denial. The denial was then appealed to the City Council. The Planning Commis- sion and the City Council have considered the land use issues along West 11th (Fred Meyer, "Cowboy Country" requests). The heart of the zone change request is the extent of the strip commercial that will be allowable on West 11th. Staff notes and minutes of the Planning Commission April 13 and June 1 meetings were distributed to council. Mr. Thwing of the Planning Commission was present e to answer questions. Mayor Keller asked for ex parte contacts or conflicts of interest noting Ms. Smith would abstain from discussion and voting. Staff notes and minutes were made a part of the public record. Public hearing was opened. James Saul, PO Box 1615, Eugene, representing the estate of Clara Boatman, requested that 1) the council direct the Planning Commission to complete the special area study that was initiated in February/March concerning land use issues in the West 11th corridor; and 2) the council remand this zone change to the Planning Commission for consideration following completion of the special area study. Mr. Saul referred to his written statement. Dan Montgomery, 2854 Warren, Eugene, commercial real estate broker representing the owner of a one-acre lot west of the Mini-Storage Warehouse at 3550 West 11th, said he had listed the property for six months and all inquiries are for commercial use. He cannot tell potential owners what they can do on the property. West 11th should be commercial to Bailey Hill Road. It is now predominately commercial zoning. There are other M-2 properties available in other places. e MINUTES--Eugene City Council July 12, 1982 Page 3 .\ ..- Public hearing was closed. e Mr. Croteau replied that after Fred Meyer it was clear that clarification was needed. The Planning Commission and City Council established the west side of the Fred Meyer property as the extent of the commercial on the north side of West 11th. The south side of West 11th was not so clear. In consideration of the "Cowboy Country" request, a large amount of background material was developed for the joint meeting. The City Council approved the zone change request. It was apparent that with the material developed that a special area study was not needed. Mr. Thwing, Planning Commission, said the Planning Commission would not appreci- ate a remand without the request for a special area study. If the City Council votes in favor of the appeal, they will have a joint meeting. At that joint meeting there will again be a 3:3 denial/no decision from the Planning Commission. He suggested that the council action be final. Mr. Saul, in his rebuttal, said without a special area study those directly affected by the deliberations have not had an opportunity for testimony about the West 11th area. All staff work is done. All that is needed is the public hearing process for the Planning Commission to consider the range of issues present. It is not possible to decide the land use in the area of West 11th by just the Cowboy Country request or this zone change application. The north side of West 11th is clear cut, but the south side of West 11th has commercial property past Bailey Hill Road and is not so clear cut. He asked council to direct the Planning Commission to complete the study and then re-examine the request in light of that study. e Mr. Hamel said that he had intended to speak about this issue at the Wednesday meeting but it coincided with this appeal. They had the Barker Motors problems (M-2 used as a C-2 zone) and when the new owner wanted to go in as a C-2 there was a deni al . Another auto dealer is changing its name and could create a s imil ar prob 1 em. On West 6th there is a problem of M-2 operated as a C-2 zone for many years. Mr. Hamel said the City cannot support business and tell them that they cannot use commercial property as such. He would like to instruct the Planning Commission to go over those properties being used as commercial and rezone them to commercial. It would be better to anticipate these changes. Ms. Miller said she felt council has enough information to make a decision on where to draw the line between commercial and industrial property. The property under consideration is not now a commercial use. Next door is an M-2 use. It is a change from residential. She would not rezone the property. The council discussed whether it would be an advantage to request a special study of West 11th. Ms. Schue moved, seconded by Mr. Hamel, to deny the appeal. Motion carried 4:1, Mr. Hamel voting no and Ms. Smith abstaining. Mr. Croteau said that they would like to take the vote as a preliminary recom- mendation and come back in the near future with a finding supporting that decision for the council to take final action. e MINUTES--Eugene City Council July 12, 1982 Page 4 ~ ~ Council took a brief recess. e C. Street Direction Change: West 5th/West 7th Place (SC 82-1) (map and additional information distributed) Mr. Gleason introduced Mr. Teitzel, City Engineer. Mr. Teitzel explained the proposed interim solution to providing a total one-way couplet, was to improve the intersections for both 5th and 7th Place at Highway 99 and 7th Avenue in the area of McKinley and Garfield and to eliminate the left-turn movement off of 5th onto Highway 99 North and to provide one-way streets on 5th and 7th further west between Seneca and Bailey Hill. Currently, no development on 5th and 7th is in the area of the one-way grid under consideration. In the future, the City hoped to have 5th and 7th one-way from Highway 99 west. Intersections at 5th and 7th and Highway 99 would be realigned. The balance of 5th Avenue from Highway 99 to the west out to Seneca would be two-way so that it will provide for right-hand movement off of 5th Avenue onto Highway 99 southbound. A connector will be provided for a smooth flow of traffic off 7th Place and onto 7th Avenue with a new signal at that location. Right-hand movement will be provided off of the southbound Highway 99 to westbound 7th. This will address the concerns of the Royal Crown Bottling Company. Mr. Teitzel asked for approval of the one-way section outlined in the recommendation of the Planning Commission. Mr. Hamel asked about McCracken Moving Company and PIE. He said the problem at Garfield and 7th Place had not been corrected. Mr. Teitzel said they had talked to both businesses and they were in favor of the proposal. Other companies have made no comments to the City. e Public hearing was opened. James Coleman, 3208 Whitbeck Boulevard, representing Royal Crown Cola, said 7th Place is currently two-way. When it becomes one-way in the future, Royal Crown Cola would be forced to move because of the need to move large trucks onto the property. The problems on West 11th appear to be being solved by routing traffic through the planned industrial area. This solution was objectionable to the businesses already in the area. Donald R. Amacagr, BPS Associates (Barker property), 975 Oak Street, No. 610, said that trucks need two-way streets. More streets are needed between Seneca and Conger. Problems are caused by trucks that cannot have easy access. Customers going to the businesses in the area will have to go north to 7th at Garfield or Seneca. More traffic will be at 7th and Garfield. Customers will be blocked off and will have to go to Garfield or turn on 7th Place. Gordon Elliott, 938 Jefferson Street, indicated that this proposal is a problem and does not make good sense. Roy Johnson, Roberts Motor Company, felt this solution would create more traffic on Seneca and Garfield. Tim Keith, Gardner Radiator and Welding Company, felt the problem has to do with the traffic direction flow and suggested putting in a stop sign. A suggested solution was merging traffic onto 7th Place letting eastbound traffic on 7th e MINUTES--Eugene City Council July 12, 1982 Page 5 ~ j Place join 7th Avenue. Giving 7th Avenue street the right-of-way westbound e would allow traffic to flow in and out of the industrial area and would stop the bottleneck at Garfield. Public hearing was closed. Mr. Teitzel said at this time they were not proposing a one-way street for all of 7th Place. They were proposing a one-way couplet in the area where no businesses were located presently. The future traffic flow and direction will depend upon the State Environmental Impact statment and State traffic studies being done by the State Highway Commission for the 6th/7th corridor. The State hearings are anticipated within a year to 18 months with a proposal in two years. The State's Six-Year Plan contains no money for the 6th/7th corridor project. This is an interim solution to a bad traffic situation. Ms. Wooten was not convinced of the need for the traffic change requiring diverting traffic through the industrial part of town. She was not prepared to vote for it at this time. Mr. Gleason said it was necessary to look at the growth aspect. He believed this was an appropriate time to make the realignment. It will aid many busi- nesses. It would be easier to do when there are vacant properties. Mr. Hamel said he helped develop the Eugene industrial park. At the time, 7th Place was the starting point of the park. It was well planned. 5th Avenue and 7th Place should be expanded to Bertelsen Road. He was not ready to vote in favor of the resolution. e Res. No. 3695--A resolution establishing that 5th Avenue between Highway 99 northbound and Highway 99 southbound be changed from two-way to one-way westbound only; that 5th Avenue between Seneca Street and Bailey Hill Road be changed from two-way to one-way westbound only; that Bailey Hill Road between 5th Avenue and 7th Place be temporarily changed from two-way to one-way southbound only; and that 7th Place between Bailey Hill Road and Seneca Street be changed from two-way to one-way eastbound only. Ms. Schue moved, seconded by Mr. Hamel, that they adopt the resolution. Motion carried 4:2. Ms. Wooten and Mr. Hamel voting no. D. Proposed Amusement Device/Arcade Amendments (memo, ordinance, back- ground information distributed) CB 2457--An ordinance concerning amusement devices, arcades, and game table other than gambling; amending Sections 3.005 and 3.010 of the Eugene Code, 1971; adding Sections 3.180 and 3.182 to that code; and declaring an emergency. Mike Gleason noted that staff would like to postpone consideration of this item e to allow staff and the community to further discuss the issues. City Councilors concurred with this request for postponement. MINUTES--Eugene City Council July 12, 1982 Page 6 -:- ~ E. Public Works Contract Awards (tabulations attached) 1. Storm sewer on Roosevelt Boulevard from approximately 300 feet e west of Maple Street to Garfield Street (2036) 2. Storm sewer between Bailey Lane and Tandy Turn from Coburg Road (2055) 3. Paving and sidewalk on Bailey Hill Road from 5th Avenue to 7th Avenue (2017) 4. Storm sewer on Acorn Park Street from 14th Avenue to 17th Avenue and on 14th Avenue from Buck Street to Acorn Park Street, to serve Ivy Glen PUD; and street paving on 14th Avenue from Acorn Park Street to Buck Street (2034) 5. Sanitary sewer on Crane Lane from Garfield Street to 400 feet east (2033) 6. Sanitary sewer between Crest a de Ruta and Capital Drive (2053) 7. Sanitary sewer on 13th Avenue from Mill Street to Hilyard Street (1959) 8. Slurry seals: 16 various locations (2058) 9. Street overlays; six various locations (2058) 10. Stairway construction at Kingswood and 46th Avenue (1832) Mr. Teitzel said that the contractor, Dan Allsup, under No.1, storm sewer on Roosevelt Boulevard from approximately 300 feet west of Maple Street to Garfield Street (2036), has withdrawn his bid. Mr. Teitzel recommended the second bidder, Wildish Construction, be awarded the contract. Public hearing was opened. e Barney Buse, 1948 Crane Lane, requested that the City put in a storm drain on Crain Lane as part of the plans for Roosevelt Boulevard. Public hearing was closed. Mr. Teitzel said the Roosevelt Boulevard storm sewer will provide drainage for the ditch on Crane Lane. There will not be a pipe in the ditch. The ditch will not be covered until the paving of Crane Lane. The residents should not have a water problem in the future. Ms. Schue moved, seconded by Mr. Hamel, to award the contracts to the low bidders in each case except in No.1, which should be awarded to the second-lowest bidder as suggested by Mr. Teitzel. Motion carried unanimously. Mr. Teitzel said that when they did the project on Roosevelt Boulevard, they would see that the ditch on Crane Lane was cleaned out and flowing properly. II. ORDINANCE FOR FIRST READING CB 2493--An ordinance levying assessments for storm sewer to replace a ditch running through Ellis Parker Elementary School property at approxiamtely 39th Avenue and Potter Street (81-01) e MINUTES--Eugene City Council July 12, 1982 Page 7 : ~ Ms. Schue moved! seconded by Ms. Smith, that the bill be read the first time and referred to the Assessment and Hearings Panel for a e hearing July 19! 1982, with panel recommendations to be brought back for council consideration July 26! 1982. Motion carried unanimously. CB 2494--An ordinance levying assessments for paving Adams Street from 3rd Avenue to railroad tracks (81-03) Ms. Schue moved! seconded by Ms. Smith! that the bill be read the first time and referred to the Assessment and Hearings Panel for a hearing July 19! 1982! with panel recommendations to be brought back for council consideration July 26, 1982. Motion carried unanimously. CB 2495--An ordinance levying assessments for sanitary sewer and storm sewer to serve Thornebrook subdivision and in the area within 160' of the north and east boundaries of Thornebrook subdivision (81-05) Ms. Schue moved, seconded by Ms. Smith! that the bill be read the first time and referred to the Assessment and Hearings Panel for a hearing July 19! 1982! with panel recommendations to be brought back for council consideration July 26! 1982. Motion carried unanimously. CB 2496--An ordinance levying assessment for paving! sanitary sewer! and storm sewer on Terry Street within Maywood e subdivision (81-18) Ms. Schue moved, seconded by Ms. Smith! that the bill be read the first time and referred to the Assessment and Hearings Panel for a hearing July 19! 1982! with panel recommendations to be brought back for council consideration July 26! 1982. Motion carried unanimously. CB 2497--An ordinance levying assessment for paving on 5th Avenue from Seneca Road to Bailey Hill Road (81-20) Ms. Schue moved! seconded by Ms. Smith! that the bill be read the first time and referred to the Assessment and Hearings Panel for a hearing July 19, 1982, with panel recommendations to be brought back for council consideration July 26, 1982. Motion carried unanimously. CB 2498--An ordinance levying assessment for storm sewer to serve Capitol Manor subdivision (500' north of Cal Young Road from 300' east to 100' west of Willakenzie Road, thence north approximately 60' to the drainage ditch) (81-31) e MINUTES--Eugene City Council July 12, 1982 Page 8 , , i ...~ Ms. Schue moved, seconded by Ms. Smith, that the bill be read the first time and referred to the Assessment and Hearings Panel for a e hearing July 19, 1982, with panel recommendations to be brought back for council consideration July 26, 1982. Motion carried unanimously. CB 2499--An ordinance levying assessments for sanitary sewer on Mill Street at 18th Avenue to serve Tax Lot No. 17-03-32-33- 19600 (81-43) Ms. Schue moved, seconded by Ms. Smith, that the bill be read the first time and referred to the Assessment and Hearings Panel for a hearing July 19, 1982, with panel recommendations to be brought back for council consideration July 26, 1982. Motion carried unanimously. III. RESOLUTION re: CITY MANAGER AUTHORIZATION (memo, resolution distributed) Mr. Gleason introduced Mr. Sercombe. Mr. Sercombe said this resolution is to authorize the City Manager or his designate to allow entry onto private land after a court order to do preliminary work prior to a condemnation. It was requested so that the City could take some court action later in the week for the purpose of survey and condemnation. On July 21, 1982, the condemnation ordinance will be before the City Council. The urgency involved is because of Federal funding that will run out at the end of September. Mayor Keller opened the hearing. e Gordon Elliott, 938 Jefferson Street, said he had attended the Wastewater Commission meeting. He favored an area north of Beacon Drive for a wastewater facility. He told the council how such a facility would work. Mayor Keller closed the public hearing. Res. No. 3696--A resolution authorizing the City Manager to survey, examine, and select sites for location of a seasonal industrial waste facility in the vicinity of Prairie Road and Beacon Drive. Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution. Motion carried unanimously. Meeting was adjourned to July 14, 1982. R~~~ Micheal D. Gleason City Manager e (Recorded by Beth Conant) MDG:BC:pm/CM27a1 MINUTES--Eugene City Council July 12, 1982 Page 9