HomeMy WebLinkAbout12/08/1980 Meeting
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M I NUT E S
. Eugene City Council
City Council Chamber
December 8, 1980
7:30 p.m.
COUNCILORS PRESENT: Betty Smith, Scott Lieuallen, Brian Obie, Jack Delay,
D. W. Hamel, Gretchen Miller, and Emily Schue. Councilor
Eric Haws was absent.
Regular meeting of the City Council of the City of Eugene, Oregon, was called
to order by His Honor Mayor Gus Keller.
Mayor Keller stated that Susan Watson and Patti Crawford are in the audience
this evening to assist with administration of the Citizen Involvement Committee
questionnaire. The purpose of this questionnaire is to help the committee learn
more about citizens' experiences attending Eugene's land use planning public
hearings to determine if changes are needed to make the public hearings more
understandable and responsive to the needs of Eugene's citizens.
I. PUBLIC HEARINGS
. A. Rezoning
1. Properties located generally north of West 11th Avenue, south
of West 1st Avenue, east of Terry Street, and south of Seneca
Road: from a) M-3 Heavy Industrial District to M-2 Light Indus-
trial District for Sector A (Terry Street to Beltline Road);
b) from M-3 Heavy Industrial District to M-1 Light Industrial
District for Sector A (Terry Street to Beltline Road); c) from M-3
Heavy Industrial District to M-2 Light Industrial District for
Sector B (Beltline Road to Bertelsen Road); and d) from M-3 Heavy
Industrial District to M-2 Light Industrial District for Sector C
(Bertelsen Road to Seneca Road) (West Eugene Industrial Area,
Phase II) (Z 80-2) (maps distributed) -_.
Mr. Henry stated that this proposed rezoning includes a substantial amount of
the industrial area in west Eugene. About 600 acres are affected. This proposed
rezoning was initiated February 1980. September 22, 1980, the Planning
Commission unanimously recommended approval. The properties are located north
of West i1th, south of West 1st, east of Terry, and west of Seneca Road. The
rezoning will be from M-3 to M-2 for a portion of Sector A--Terry Street to
Beltline Road, from M-3 to M-1 for a portion of Sector AuTerry Street to
Beltline Road, from M-3 to M-2 for Sector B--Beltline Road to Bertelsen Road,
and from M-3 to M-2 for Sector C--Bertelsen Road to Seneca Road. This zone
change is part of the implementation of Phase II of the Bethel-Danebo
Neighborhood Refinement Plan.
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MINUTES--Eugene City Council December 8, 1980 Page 1
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He introduced Pat Decker, Jerry Jacobson, and Kirk McKinley, Planning; and .
Robert Barkman, Planning Commission, to provide additional information.
Mr. Obie stated that he owns property adjacent to this area and will abstain
from voting on the matter.
Ms. Decker stated that a zone change was recommended by the Planning Commission
after a lengthy review and is the result of the Phase II, Bethel/Danebo Refine-
ment Plan. This request is based on policies of the community adopted in
the refinement plan and would allow for light-medium industry. Because of the
substantial size of the West Eugene Industrial Area, this request is separated
into three sectors: A, B, and C. Sector A includes property north of West 11th
between the city limits at Terry Street and Beltline Road. The bulk of this
sector is recommended for rezoning from M-3 to M-2. Tax Lot 1002, Spectra-
Physics, is recommended for rezoning from M-3 to M-1. There were two issues
raised regarding this sector. The first was in regard to the northern boundary.
Agreement was reached to use Atlantic Avenue as the north dividing line of M-3
and M-2 zoning incorporating portions of a new industrial subdivision but
excluding the central manufacturing mill. The second concern was in regard to
Tax Lot 600--Jack's Auto Salvage. It will become a nonconforming use under the
M-2 Light-Industrial District. There is no enforcement for nonconforming uses
unless expansion occurs. This rezoning will limit that business to its present
site, but the owners indicate they do not plan to expand.
Ms. Decker stated that Sector B includes the area between Beltline Road and
Bertelsen Road north of West 11th. No issues have been raised in the present .
rezoning request for this section and it is recommended to be rezoned from M-3
to M-2.
Sector C includes an area between Bertelsen Road and Seneca Road north of West
11th. These parcels are recommended to be rezoned from M-3 to M-2. Three tax
lots in this sector have un screened outside storage which will become a non-
conforming use with the rezoning. Again, the nonconforming status would have
no effect on existing firms unless expansion of the storage areas occurs.
Expansion would require them to incorporate screening of their storage areas.
When this item was before the Economic Development Committee, they requested
that these property owners be notified of the proposed zone changes. They were
notified and one owner is opposed, one requested additional information, and one
will be expanding the firm's outdoor storage and will incorporate screening of
outdoor storage. The Planning Commission has considered existing industry and
community needs in the West Eugene Industrial Area and unanimously recommends
the rezoning.
Ms. Smith asked about the effect of the rezoning on Wyatt's Tire Store. Ms.
Decker responded that that is not within the area proposed for zone change.
Mr. Delay asked if damage were caused by fire, if there is an abatement require-
ment. Ms. Decker stated that if the building or fences were more than 50
percent destroyed, the uses would have to be conforming if they were rebuilt.
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MINUTES--Eugene City Council December 8, 1980 Page 2
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. If at least 50 percent of the building or fence remains, reconstruction can
occur. Mr. Delay asked if lot size had been considered. Ms. Decker stated that
it had been and they have been working on ways to protect light industrial
sites. They have the ability to deny partitions or subdivisions based on the
Metro Plan.
No further ex parte contacts or conflicts of interest were noted. Staff notes
and minutes were entered into the record. Public hearing was opened; there
being no testimony, public hearing was closed.
Mr. Delay stated that commendation is in order for staff and the Planning
Commission. This has been well worked out and comes to the council with no
dissent.
CB 2218--An ordinance authorizing rezoning from M-3 Heavy Industrial
District to M-2 Light Industrial District for property located
generally ,north of West 11th Avenue, south of 1st Avenue, between
Terry Street and Beltline Road.
Ms. Smith moved, seconded by Mr. Lieuallen, that findings sup-
porting the rezoning as set forth in Planning Commission staff
notes and minutes of September 22, 1980, 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. Roll call vote; motion
. carried unanimously with Mr. Obie abstaining.
Council Bill 2218 was read the second time by council bill number only.
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be
approved and given final passage. ,Roll call vote; all councilors
present voting aye and Mr. Obie abstaining, the bill was declared
passed and numbered 18726.
CB 2219--An ordinance authorizing rezoning from M-3 Heavy Industrial
District to M-1 Light Industrial District for property located
between Terry Street and Danebo Avenue north of the Amazon
Creek.
Ms. Smith moved, seconded by Mr. Lieuallen, that findings sup-
porting the rezoning as set forth in Planning Commission staff
notes and minutes of September 22, 1980, 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. Roll call vote; motion
carried unanimously with Mr. Obie abstaining.
Council Bill 2219 was read the second time by council bill number only.
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MINUTES--Eugene City Council December 8, 1980 Page 3
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Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be -.
approved and given final passage. Roll call vote; all coun-
cilors present voting aye and Mr. Obie abstaining, the bill was
declared passed and numbered 18727.
CB 2220--An ordinance authorizing rezoning from M-3 Heavy Industrial
District to M-2 Light Industrial District for property located
generally north of West 11th Avenue, south of 1st Avenue between
Beltline Road and Bertelsen.
Ms. Smith moved, seconded by Mr. Lieuallen, that findings sup-
porting the rezoning as set forth in Planning Commission staff
notes and minutes of September 22, 1980, 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. Roll call vote; motion
carried unanimously with Mr. Obie abstaining.
Council Bill 2220 was read the second time by council bill number only.
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be
approved and given final passage. Roll call vote; all councilors
present voting aye and Mr. Obie abstaining, the bill was declared
passed and numbered 18728.
CB 2221--An ordinance authorizing rezoning from M-3 Heavy Industrial .
District to M-2 Light Industrial District for property located
generally north of West 11th Avenue, south of 1st Avenue, between
Bertelsen Road and Seneca Road.
Ms. Smith moved, seconded by Mr. Lieuallen, that findings sup-
porting the rezoning as set forth in Planning Commission staff
notes and minutes of September 22, 1980, 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. Roll call vote; motion
carried unanimously with Mr. Obie abstaining.
Council Bill 2221 was read the second time by council bill number only.
Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be
approved and given final passage. Roll call vote; all councilors
present voting aye and Mr. Obie abstaining, the bill was declared
passed and numbered 18729.
B. Appeal of Hearings Official Action Granting Diagrammatic Approval
for a Residential Planned Unit Development Located South of 30th
Avenue Adjacent to the Present Terminus of Spring Boulevard and
Dogwood Drive (Firland Heights) (PD 80-6) (memo distributed)
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MINUTES--Eugene City Council December 8, 1980 Page 4
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. Mr. Henry stated that this is an appeal of the Hearings Official's action
granting diagrammatic approval for a residential planned unit development south
of 30th Avenue adjacent to Spring Boulevard and Dogwood Drive. The developers
are not asking for a zoning change and this issue has been delayed for various
reasons previously. The action at the council tonight will be to provide
direction to staff to prepare findings in accordance with the council's desires.
These findings will be brought back to the council December 22 for final action.
He introduced Jerry Jacobson, Planning, to provide additional information.
Mr. Jacobson stated that this item has been before the council previously. The
property was annexed in 1976, but due to procedural error it was not rezoned
until June 1980. The surrounding property is zoned RA Suburban Residential
District and RA/PD Suburban Residential District with Planned Unit Development
procedures. Access to this 13-acre site (Firland Heights) will be through
Dogwood Drive and Spring Boulevard. The proposed 30th Avenue overpass is to the
north and in Lane County construction plans for 1983-84. This request was
approved by the Hearings Official and has been appealed to the council. City
Code provides the following for council action on appeals from action of the
Hearings Official: only those items specifically designated as in error by the
appellant shall be considered by the appellant body; testimony offered shall be
confined to comments on matters in the record made by the hearing authority
pertaining to errors assigned in the written notice of appeal; the appellant
body shall make findings that affirm, reverse, or modify the hearing authority's
decision; if the hearing authority's decision is reversed or modified, the
findings of the appellant body shall specifically state wherein the hearing
. authority's decision was in error--Section 9.512, Eugene Code. Jim Spickerman,
Hearings Official, and Jim Hanks, Traffic Engineer, are present to answer
questions.
The basis for the appeal is that the traffic impact evaluation report is not
responsive to the' neighborhood's goal of "reasonable compatibility" with regard
to the proposed access. The rules of the hearing, according to the appellant,
precluded the introduction of written materials at the time of the hearing.
The contents of the traffic impact evaluation are based on estimates by an
engineer, not by accurate measurement of present traffic flow. The report is
not responsive to the ordinance requirement that the proposed access is reas-
onably compa~ible with the surrounding neighborhood. The Hearings Official,
according to the appellant, apparently relied on what the City Traffic Engineer
indicated to the Planning Department regarding street capacity in the area.
There was no testimony from the City Traffic Engineer and no documents in the
record reflect his views. Additionally, no test results or studies were pro-
vided. However, the Hearings Official did find the access needs improvement.
Vegetation removal was a concern. The Hearings Official stated that he deter-
mined that the access will be reasonably compatible. The appellant cites no
findings or evidence that public services and facilities are available.
Staff and the Hearings Official indicate normal availability of normal City
services. The appellant appeals granting the site modification request of the
developer. This was granted subject to no tree removal except within public
rights-of-way. The appellant also stated that LCDC goals were not conformed
with.
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MINUTES--Eugene City Council December 8, 1980 Page 5
Jim Croteau stated that at the time of diagrammatic approval the evaluation did .
not include a full LCDC goal review since this had been done earlier. He
reviewed the goals with regard to this particular PUD. Regarding Goal 1,
Citizen Involvement, notices were mailed to Oak Hills homeowners and those who
have expressed interest. Regarding Goal 2, Land Use Planning, this does not
apply. Regarding Goal 3, Agricultural Land~, the land contains soil type VI-E
which is not recognized as agricultural land. Regarding Goal 4, Forest Land,
soil types are poorly suited for forest. Regarding Goal 5, Open Space, this
area has been identified as being important for open space and for scenic
opportunities. For this reason the PUD suffix has been added so that the
development will be sensitive to open space. He is unaware of any historic
value. Regarding Goal 6, Air, Water, and Land Quality, the property will be
served by urban services and these items will not be adversely affected by the
development. Regarding Goal 7, Natural Disaster, careful consideration was
given to the potential for natural hazards and they will have to submit a
geological report. Goal 8, Significant Open Space and Pedestrian Trails, will
be incorporated in the development. Goal 9, Economy of State, is not applicable.
Regarding Goal 10, Housing, this development will consist of mixed housing
types. New annexations have occurred in the last quarter and there is now only
a three- or four-year supply of developable vacant lots. The Metropolitan Plan
recommends a six- to ten-year supply. Regarding Goal 11, Public Facilities and
Services, these are covered in the PUD findings and Section 9.512(7)(c) of the
City Code. Goal 12 will be covered by staff evaluation. Goal 13, Energy
Conservation, is not applicable. Regarding Goal 14, Urbanization, there are two
issues: a) the- urban growth boundary was adopted in the Metropolitan Plan and it
is the same as in the 1990 Plan; and b) converting from urbanizable to urban .
land. In considering the plan, four factors must be taken into account.
Regarding item 1, orderly provisions of services, he would refer back to Goal
11, item 2, variety of land availability, he would refer back to Goal 10, item 3
he would refer to the LCDC goals, and item 4, encourage urban area development.
This land has been in the city for four years. Goals 15-19 are not applicable.
In response to the statement in the appeal which says that the rules of the
hearing precluded the introduction of written materials, Mr. Croteau stated that
the material regarding the traffic study was submitted at the time of the public
hearing and the public hearing allows _both verbal and written testimony.
Mr. Delay stated that in the memo from the Planning staff to the council, it was
noted that only items designated as being in error by the appellant shall be
considered by the appellant body; but in the agenda information accompanying
the appeal form, in the fifth paragraph, there is a mechanism to request
submission of new evidence. He asked why this process would be included on the
form if it would not be allowed. He felt staff may want to re-examine this
process. He asked if general procedures were adequate or because of PUD's,
there was a need to make traffic flow studies for each PUD. Mr. Croteau
responded that material submitted at the time of the Hearing's Official hearing
was acceptable. He said that traffic access has been a top concern for PUD's in
the South Hills. Even though streets can handle the number of cars, this can
reduce livability. The Planning Department relies on Public Works to determine
adequacy and they require several access points. Mr. Delay stated that the
appellant had said that an accurate measurement must be taken rather than
relying on estimates. Mr. Croteau said that traffic counts are not done for PUD's.
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MINUTES--Eugene City Council December 8, 1980 Page 6
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. Mr. Hanks stated that that they do make traffic count estimates without taking
actual traffic counts in some areas as in Firland Heights. The engineer's
estimates were accurate as they later did traffic counts that substantiated the
est imates. In regard to new evidence, Stan Long, City Attorney, stated that
paragraph five of the appeal form sets out the process by which one can ask the
council to accept new information, but no new evidence has been submitted by
the appellant so the council is confined to the material that is on record.
No ex parte contacts or conflicts of interest were noted. Staff notes and
minutes were entered into the record. Public hearing wa~ opened.
Speaking in favor of the appeal:
Richard Roseta, 1970 Dogwood, stated that confirmation of the estimates of
traffic flow was introducing new information. In regard to Mr. Delay's ques-
tion regarding the problem with submitting new evidence, the engineering study
presented by John Matott was very lengthy and he received a copy the night of
the hearing and was unable to respond to it on such short notice. The traffic
reports are based on estimates. The Traffic Engineering staff made further
studies, but Mr. Matott has not requested it be entered into public record; Mr.
Hanks just did that. In regard to the Branch Engineering study, 75 percent of
the traffic flow from the new development will flow down Dogwood Drive. The
estimates were under that. The flows being projected are almost to the 1985
project ion. They have requested the following modification: that Dogwood not
be-connected to Spring Boulevard until Phase 3 or else never connected, or
. blocked off so no heavy traffic will go through until Phase 3 is completed, by
which time the 30th Avenue overpass will be completed. Traffic flow counts are
lower on Spring Boulevard and on Kimberly. They do not oppose this development;
however, access is a problem. They are concerned that Dogwood will take the
brunt of the traffic. They would like to wait for this development to occur
until the 30th overpass is a probability, not a possibility. In regard to
Eugene City Ordinance 9.512(7)(c), a comparison with other areas and services,
there is no evidence in the record upon which a finding could be based that
public services and facilities are available to the same degree as they were in
other similar locations in the city where developments were approved since such
comparative information is not in the record. He noted that this is a technical
object ion. The concern is that this PUD would add 60 new homes with 75 percent of
the traffic going down Dogwood. He also feels that the 30th and Agate inter-
section now qualifies for a traffic light. This points to the fact that it is
an access problem.
Geoffrey Simmons, 1991 Dogwood, stated that he has addressed the council three
times previously as have his neighbors and friends. . Danger has been the word in
each instance. The number of cars going through is not as relevant as what
happens in bad weather conditions. When it snowed, none of the cars cou~d
get up Kimberly or Dogwood and now 60 more cars will be added. This would be
very dangerous. He agrees with Mr. Roseta regarding placement of a barrier.
They are facing the same situation as the Fairmount Neighbors with the Wang
property. This is a comparable situation being handled differently. If Mr.
Wang is prevented from developing, then Mr. Matott should be also.
. Speaking in opposition to the appeal:
MINUTES--Eugene City Council December 8, 1980 Page 7
John Matott, 767 Willamette Street, No. 307, stated that he is the developer. .
H1S letter was in the public record and the traffic report was submitted at the
suggestion of Public Works. This study was submitted to various City departments
two days prior to the Hearings Official hearing and was available at that time.
One reason the engineer's report is based on estimates is because the traffic
counter was tampered with. The engineer's estimates were found to be accurate.
Mr. Spickerman did not state that the access needed improvement but rather that
certain uses to which people put the streets needed to be improved, such as
,vegetation at intersections, and recreational vehicles and cars being parked in
the street which is in violation of City law. The Traffic Division routinely
receives these applications and the Traffic Engineer does not have to be present
when traffic counts are taken. In regard to Mr. Roseta's comment of lack of
documentation of PUD services, he showed a slide comparing his proposed sub-
division with service levels of other developments. The slide showed present
traffic loads and projected loads and indicated these amounts are lower than
those of comparable areas. Regarding the site modification request, he has
requested removal of some brush in order to survey the area. The F airmount
Neighbors are not opposing this development as implied and the level of service
is not comparable to the Wang property since it does not have paved streets.
The request to block off Dogwood is unfair to those who endure greater traffic
volumes and they are unfairly asking for the right to continue enjoyment
of a dead-end street and continued seclusion.
Harold Gillis, 275 Oak Street, stated that he is the attorney representing Mr.
Matott. This proposal is a rather ordinary PUD in an ordinary South Hills
neighborhood. The opposition wants the council to reconsider back to annexation .
but this property has been zoned and annexed to become part of urban lands for
residential use. The Hearings Official has made a ruling. This is a common
finding of fact. There has been no evidence to support the notion that this
should not be built. No new evidence was presented. Regarding information
supplied in the traffic study, if new information was to be presented by the
appellant, he has had three months to submit it, but no new information has been
presented. The impartial observation by the Hearings Official is to weigh the
evidence and to make a recommendation, which has been done. The council's job
is to review the code and see if the Hearings Official did an appropriate job
based upon the criteria. The development must be consistent with City standards,
plans, policies, and ordinances; its general design and character including
anticipated location of buildings, recreation space, parking, etc., must be
reasonably compatible with appropriate development of the abutting properties
and the surrounding neighborhood; and public services and facilities must be at
least as available as they are in other similar locations in the city where
developments were approved. Mr. Spickerman found that these criteria were met.
It was suggested that the Hearings Official considered information that should
not have been considered, but it is part of his job to determine which infor-
mation to consider. Mr. Roseta has attacked the traffic findings but has
presented no facts to overturn Mr. Spickerman's findings. Mr. Matott submitted
an eight-page letter to the Hearings Official which is part of the record
comparing this area to other areas. In regard to the statement that no refer-
ences to satisfying specific statutes were made, there is no need to do this
unless substantial changes have been made. There is no indication that those
changes have been made. The comprehensive plan applies unless changes are made. .
MINUTES--Eugene City Council December 8, 1980 Page 8
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. Due to lack of time, James Branch and Dennis Urso were unable to testify.
In rebuttal:
Mr. Roseta stated that if that letter had been part of the staff notes, he had
not received it. There has been no comparison that he is aware of, just con-
clusionary remarks. The slide shown was not in the record previously nor was it
requested to have the record opened in order to substantiate it. He does not
recall ever having seen the letter dated September 5, 1980, but stands corrected
if it was a part of the staff notes. His real concern is access and
he does not care if development occurs.
There being no further testimony, public hearing was closed.
Mr. Long stated that the council should consider only the information that is in
the record and not anything else.
Mr. Obie stated that he is concerned about the number of cars that will be using
this street and asked if the council is in a position to accept, review, or to
modify the findings. Mr. Long stated that the council has complete authority to
affirm, modify, or deny.
Mr. Obie stated that some information states that Dogwood and Kimberly are each
28-foot-wide streets and Spring Boulevard is 36 feet wide. Other information
. indicates that Kimberly is 32 feet wide. He asked for the correct information.
Mr. Hanks stated that he did not know but would supply the information later.
Ms. Smith asked what consideration has been given for modification of traffic
patterns to tie into Kimberly during construction. Mr. Hanks stated that in Mr.
Spickerman's findings, construction traffic would go on Spring Boulevard to
Agate Street. Ms. Smith stated that this should alleviate the construction
traffic. She asked what the projections are for a traffic light being placed at
30th and Agate. Mr. Hanks said that they could request that a light at 30th and
Agate be placed on the County's priority list.
Mr. Obie asked if a standard subdivision could develop at four units per acre.
Mr. Croteau stated that they could go from 3.5 to 4.5 units per acre.
Mr. Delay asked for clarification regarding council consideration of the infor-
mation Jim Hanks provided on the estimtes of traffic volume. Mr. Long stated
that one should consider what is in the record and it is fair to consider
testimony regarding interpretation of the record.
Ms. Smith moved, seconded by Mr. Lieuallen, to uphold the findings
of the Hearings Official granting approval for the residential
planned unit development and to direct the Hearings Official to
work with the developer regarding access on Spring Boulevard,
Kimberly, and Dogwood.
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MINUTES--Eugene City Council December 8, 1980 Page 9
Mr. Obie asked what consideration will be given in the PUD process to disperse .
traffic evenly on Dogwood and Spring. With existing zoning, there is an obli-
gation to allow PUD's. There are three streets leading in and Dogwood is the
most direct. There are options, if the property is designed properly, to have
traffic on other streets.
Mr. Croteau stated that in regard to the appellant's concerns of site impact,
the council can direct the Hearings Official to consider ingress and egress
during other stages of the development process.
Ms. Miller stated that the council has indicated as a City policy that this is
the type of development they want to encourage for higher density in the city.
Dispersing traffic out of the PUD is a good idea but will cause people to drive
longer routes which they may not be willing to do. She would like to ask the
traffic official to consider the problem. Viewing the 30th overpass as a
solution is probably not going to work. She would suggest that no solutions
be proposed that would include the 30th overpass as a solution. There is a
safety problem and she can understand why they do not want more traffic on
Dogwood. Mr. Delay indicated that this is dangerous and is a terrain problem.
There are possible solutions, such as partial parking removal. These streets
have always been dangerous. He has seen nothing that questions the facts as
they have been presented by Mr. Spickerman, who does an excellent job in inter-
preting the laws for development. In order to question his decision, there
should be some facts to question, but that is not the case. This is just a
general problem of increased development. Ms. Schue indicated agreement with
Mr. Delay about this situation and stated that she cannot find a reason to
overturn the findings. She does have sympathy with the residents on Dogwood. .
Mr. Croteau stated,that he would come back with the findings from the Hearings
Official regarding the three streets.
Roll call vote; motion carried unanimously.
C. Appeal of Administrative Decision Denying Cheshire Street Diverter
Proposal (memo and map distributed)
Mr. Henry stated that this item has been listed as an appeal of an administra-
tive decision, but instead it will be a proposal. Because of a through-traffic
problem and neighborhood nuisance, the neighborhood organization and staff have
worked together on a study of how to alleviate this situation. The Public
Works and Parks & Recreation departments have been involved. Cheshire Street is
a park road, not an ordinary public street. Staff and the neighborhood organ-
ization had developed a proposal for a diverter to hel~ stop through-traffic,
but risk management indicated this creates more hazards t~an solutions. This
proposal was submitted to the City Manager's Office where it was denied. The
matter had been appealed to the council. Neighborhood groups and City staff
agree this was not the best solution so various solutions will be discussed.
The Whiteaker Community Council has prepared a proposal and, in addition,
Traffic Engineering has prepared a report with alternatives which were discussed
with the neighborhood groups. This was similar to the proposal of Whiteaker
Community Council. He introduced Jim Hanks, Traffic Engineering, to list the
alternatives.
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MINUTES--Eugene City Council December 8, 1980 Page 10
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. Mr. Hanks stated that the recommended plan is an entrance-only diverter near the
Parks Maintenance office. Three thousand, five hundred cars enter the park each
day; most of this (65 percent) is through traffic. This will be an entrance-
only diverter for westbound traffic; eastbound traffic will continue as before.
Westbound traffic would be required to use the east side of Lincoln Street as an
exit from the park. Other proposals included closure at the west end of the
east parking lot which would be a hardship for Parks Maintenance and emergency
vehicles. A toll -booth is another option that would allow anyone to get from
one side of the park to the other but would require a fee which would help to
regulate through traffic. An automatic gate with no toll could be implemented
and this would be the same as the recommended plan except that no toll would be
collected. Another possibility would be to have two toll booths, one at each
end of the park. The recommended alternative is a partial diverter at the west
end.
Mr. Obie asked for a more, precise location. Mr. Hanks responded that it
would be at the west sid/ of Lincoln Street. Mr. Obie asked if it were correct
that if one entered from the west, they could exit on the east. Mr. Hanks
responded that that was correct. Mr. Obie asked what would happen if one came
in from the east. Mr. Hanks responded that exit would be possibly by going
ba~k to the east or by using Lincoln Street. Mr. Obie asked how turning around
would be accomplished. Mr. Hanks stated that traffic could go through the
horseshoe parking lot or could park and turn around. Or, they could have a
hammerhead parking lot. Signing will be required. Mr. Obie asked if this would
cut down through-traffic in only one direction. Mr. Hanks responsed that that
. is correct.
Ms. Schue asked if one could still go up Lincoln Street. Mr. Hanks responded
that that would still be possible, but if too much traffic were on the street,
it could be made a one-way street or turns could be prohibited onto the street.
Ms. Miller asked how these proposals tie into restricting traffic without
causing a more awkward situation. She asked if it had been considered what the
effect would be on the east side of Skinner Butte Park. Mr. Hanks responded
that he did not feel there would be a major effect. The intersections on the
east end might warrant four-way "STOP" signs, but they do not want to deal with
that as a portion of this issue. Diverters are usually treated on a trial basis
with a public hearing following. The trial diverter will be put in place and
they will review the situation on the east end of the park to see if a four-way
stop would be appropriate. Ms. Miller asked if consideration was given to
exiting off the Ferry Street Bridge. Mr. Hanks responded that it was not
because it provides access to businesses on High Street and to EWEB which would
be a hardship to them. This must ultimately be addressed when the Ferry Street
Bridge is rebuilt.
\
Public hearing was opened.
Mr. Henry noted that since the appeal has been withdrawn, this would be a time
for public comment on the alternatives.
.
MINUTES--Eugene City Council December 8, 1980 Page 11
Dennis Urso, 445 Clark, stated that in May 1978, a traffic study was conducted .
which showed that 3,500 cars per day drive through Cheshire at an average speed
of 30 miles per hour in an area with a posted speed of 20 miles per hour. Fifty
percent of these people are not using the park as a destination. In March 1980,
the Whiteaker Community Council began working with City staff toward a solution.
In April 1980, John Etter, Parks Design, stated that a diverter would be erected
by Memorial Day. In September 1980, Dave Whitlow turned down the proposal for
the diverter. Speed bumps were no longer being considered because of a high
liability factor. A great deal of misinformation and miscommunication has
resulted from this entire process. All proposals contradict each other.
Carol Brewster, 137 Lawrence, stated that she is a citizen in the West Butte
neighborhood. The traffic situation should be examined and they are in favor
of traffic restrictions. The traffic has created a negative effect for those
who wish to enjoy the park. Residents are aware of this effect and the City
has been in favor of re-establishing older neighborhoods and has adopted
policies to enhance life quality in inner-city neighborhoods. One of the
City policies is to redirect traffic to commercial and industrial streets.
There have been narrow escapes with children trying to cross the street.
Residents in the East Butte neighborhood and people attending Campbell Senior
Center activities have told of being unable to cross the street because of
traffic. The City has adopted community goals and policies and the Whiteaker
Refinement Plan which includes the area of Cheshire and 3rd Avenue. The
situation east of Skinner Butte might be eased by proper traffic management.
Joseph Brown, 90 North Lawrence, stated that they have come to the council for a .
solution to their problem. They do not want a toll booth, which would cause
more problems. A one-way barricade on Cheshire is a solution which is Plan B in
the packet they distributed to the council. Four-way "STOP" signs are needed at
3rd and High and at 3rd and Pearl. The "STOP" signs would make pedestrian
travel safer for senior citizens. They feel the number and size of speed limit
signs should be increased. They are asking either for a decision tonight or for
a date when a decision will be made. They have been going through a shuffle and
have received no solution. They would like the quality of their neighborhood to
be enh anced.
Petitions were distributed to the council bearing the signatures of senior
citizens residing at 255 High Street requesting improvements in the situation.
Glen Gibbons, 1050 West 5th, stated that he has sympathy for the request. He
has lived two blocks from the 5th and Blair intersection for two and one-half
years. They have experienced similar frustrations requesting traffic diverters
in that area.
There being no further public comments, the public hearing was closed.
.
MINUTES--Eugene City Council December 8, 1980 Page 12
.
..
. Mr. Hanks stated that he feels there are certain merits in the toll booth
solution which was brought up in a meeting of the East and West Butte neigh-
bors, which he and Joe Hessler attended. Four-way "STOP" signs are serious
traffic matters. Putting "STOP"signs in where they are inappropriate can
cause serious problems and accidents. However, with the change in traffic
flow, one may be needed, but that will be treated as a separate issue. In
regard to larger and greater quantity of speed limit signs, this can be done
but he does not feel that will change drivers' behavior.
Mr. Delay stated that the size and numbers of "STOP" siqns have little to
do with traffic in comparison with changes in the physical nature of the street.
He asked if something could be done with curbs to provide a more constricted
feeling. Mr. Hanks stated that they are working on a project like this on
Augusta Street. When it is finished, it can then be assessed. Some people
who thought that project was good at first are now not sure. The Federal
Highway Administration is conducting experiments with a special design of
speed bumps. The special design would lower traffic speeds from five to
seven miles per hour without negative effect. Typical speed bumps have a
real 1 i abil ity factor. These speed bumps would have to have Federal sponsor-
ship to reduce liability, but they might be the real solution to the problem.
Mr: Lieuallen asked what relationship there is with speed bumps and the Agate
and 14th streets intersection. Mr. Hanks stated that they are somewhat similar,
but there is greater visibility there for the driver due to the gradual rise.
Mr. Lieuallen stated that another idea was a wide raised walkway from Campbell
Senior Center to High Street. Mr. Hanks stated that that particular type of
. walkway qives pedestrians a false sense of security, but really does not affect
drivers. Mr. Lieuallen asked him if he had facts to use as a basis for this
opinion. Mr. Hanks stated that he would research this item and bring back the
information. Additionally, however, painted crosswalks are six times more
dangerous than those which are unpainted. Mr. Lieuallen stated that there is a
real need for a solution so staff should be encouraged to continue looking at
the problem. One issue which has not been dealt with is traffic on the south
side of the butte on 4th Avenue. He asked if there was a likelihood that
traffic on that street would increase. Mr. Hanks stated that it could. How-
ever, no additional "STOP" sign would change that very much. There is no
proposed solution. There is a lonq-ranqe, high-capital-cost solution for the
1st and 4th avenues connector. If that were built, it would bypass this neigh-
borhood. The reason this street is used is because people do not have to cross
the railroad tracks to get from 1st Street to River Road.
Ms. Miller noted that any of these potential solutions could present more
traffic on 5th Avenue which already has a problem. Traffic is only going to be
shifted from one street to another. Artificial narrowing of streets does not
necessarily work. She stated that traffic statistics from the University area
are different from statistics in other areas. A diverter now may not be the
answer to the problem, but it could be a start. She is somewhat skeptical about
diverting people through parking lots, but is willing to give it a try.
.
MINUTES--Eugene City Council December 8, 1980 Page 13
Mayor Keller noted that this sounds like the Dogwood Drive situation in another .
part of town. People do not mind traffic unless it is in their part of town.
He would like more information on where the diverted traffic would go and to him
it sounds as though it is being encouraged to go on 6th and 7th. /lmazon Parkway
seems to be compatible with Amazon Park and this seems like a similar situation.
Stop lights do work and that might be an alternative. He would like more
discussion on this item before anything is done on a permanent basis.
Ms. Smith moved, seconded by Mr. Lieuallen, to approve the
recommendations of the plan in the December 8, 1980, meeting with
installation of the trial diverter for January 15, 1980, and a
report brought back for further consideration at a later date.
Mr. Obie stated that he would vote for this motion since it is a trial project,
but he would like a report back from the Parks & Recreation Department as to how
this street might be used if it were to be permanently closed. He noted that
Mr. Hamel had sent a memo to the other councilors regarding diverters and the
City's reluctance in the use of arterial streets. Mr. Obie feels that a problem
is occurring because traffic is not being moved as it should be on the arterials.
Mr. Lieuallen stated that in regard to the diverter policy, it has been used
in other places. If they choose to reverse this action, they would have to
include Cheshire as an arterial street, which it was not designed for. Deve l-
oping the arterial streets is a capital improvement problem. If arterials were
used the way they were intended to be, this would be a better way to resolve the
s ituat ion. Mr. Delay indicated agreement with Mr. Lieuallen. He encouraged .
staff and council to look at the prediction of future traffic flows, but noted
the City's traffic problems are nothing in comparison with what other cities are
f ac i n g . Ms. Miller stated that it is not necessary that inner-city neighbor-
hoods bear the brunt of traffic. They must develop a broader map for origins
and destinations of drivers.
Mr. Hamel stated that he is against the diverter program and has been against
it since the beginning. He noted that Martha Filer had written him a letter and
that he had sent her a copy of the memo he had distributed to council that was
mentioned earlier tonight. He will not ,vote for the diverter, as he understands
the problem to be with the use of arterial streets. This could have been solved
in 1972, but expansion of arterial streets was turned down by the voters. He
feels the entire problem should be faced.
Roll call vote; motion carried 6:1 with Councilor Hamel voting no.
D. Public Works Bid Awards (tabulations attached)
Mr. Henry stated that the bids received were good ones and would cost about ten
cents per square foot, which is about one-half of what the property owners had
been told. He introduced Don Gilman, Public Works, to provide additional
information.
.
MINUTES--Eugene City Council December 8, 1980 Page 14
e Mr. Gilman stated that these three projects were bid December 2. There are for
sanitary sewers to serve the 1978 island annexations. He would recommend that
the low bids be awarded on each project. These bids are about 30 percent lower
than the engineer's estimates and are comparable to bids of approximately five
years ago.
Public hearing was opened.
Brenda Cluster, 1561 Balboa, stated that she was speaking in regard to Project
1. She moved into her house after annexation and did not understand the
full scope of what they would be expected to pay. Their share will come to
over $6,000, but with the reduction due to lower bids, it would be about
$4,500. They moved from the River Road area to avoid sewers. Also, they will
be charged for a systems development tax which goes for major projects for which
the funding was ripped out from under them by the Federal government. She does
not want and cannot afford sewers. She would like this decision postponed until
Bancrofting rates go below ten percent or until a time when they can better
afford to pay for sewers.
There being no further testimony, public hearing was closed.
Mr. Gilman stated that the systems development tax is for any existing struc-
tures. The cost is four-tenths of one percent of the assessed building value on
structures. The cost on a $50,000 home would be about $200.
e Ms. Smith moved, seconded by Mr. Lieuallen, to award the contracts
to the low bidders as outlined by staff. Roll call vote; motion
carried unanimously.
II. PAYMENT OF BILLS AND CLAIMS (distributed)
Res. No. 3451--A resolution authorizing payment of bills and claims for
the period November 26, 1980, through December 8, 1980.
Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the
resolution. Roll call vote; motion carried unanimously.
The meeting was adjourned to December 10, 1980.
Respectfully submitted,
~~-
Mtchea.l Gl ea,son
City Manager
(Recorded by Lynda Nelson)
e, CTH:LN:sba:pv/CM8alO
MINUTES--Eugene City Council December 8, 1980 Page 15
--~--
.
. ,
DEPARTMENT OF PUBLIC WORKS
'. Engineering Division
e Bid No. 1 3
Opened; December 2, 1980
1 . SANITARY SEWER to serve Willakenzie Island
Annexation Area #1, CA-Z, #78-11}, located
generally adjacent to Tulip and Balboa
Streets, Green Acres Road and Holly Avenue
(Job #1815)
Bidders; Contract Cost
AWARD l. McBri de Excavating Inc. :-..--....-..-.....-........--.,...............$ 51,045.50
2. Cordel Corporation-..------....--------..----......-$ 53,296.50
3. Wildish Construction Co...------....-------......-..$ 54,950.18
4. Egge~s Sand & Gravel, Co...----..-----..----.....-$ 57,302.90
5. H & J Construction -------.......----------..--..--$ 57,370.20
6. Eugene Sand & Gravel, Inc.-------------------$ 62,086.91
7. Morse Bros. Contractors, Inc.---..------..---..-$ 70,427.80
8. RussI Excavation Co.------..----..-------------$ 70,637.00
9. Emerald Excavating Inc.---------------------..$ 71,834.00
10. Kenneth R. Bostick Canst. Co.----------------$ 73,544.50
11. Shur-Way Constractors, Inc. -..-..---------..,---..$ 74,687.00
12. Stickle Construction-..-..--------------....---....$ 85,650.00
13. Dan D. Allup Contractor Inc.....---------------$ 83,000.30
14. Land Construction Company-....-----------..-....--$ 89,141.20
It 15. Stadel; Pump & Construction Inc,......----------$ 91,494,32
16. Drainmaster-..-------------..----------------....$ 92,094. 1 3
17, Forslund Construction, Inc.-------------..----$ 113,063.05
18. Cascade Ditching Co.-----------------~----..--$ 115,613.30
Cost to Abutting Property Cost to City
($65,338) None
San. Lateral $ a.10/SF
San. Service $ 565.00jEach
COMPLETION DATE; March 20, 1981
- Page 1 of 3
" , ' "
. DEPARTMENT OF PUBLIC WORKS
Engineering Division
Bid No. 13
Opened: December 2, 1980
2. SANITARY SEWER to serve Willakenzie Island
Annexation Area#7, (A-Z #78-11), located
generally along Hickory Avenue, Sister View,
Mahlon Avenue, Westward Ho Avenue, Oxbow
Way, Garden Way, Conestoga Way, Honeysuckle,
Van Duyn Street. (Job #1776/1814/1816)
Bidders: Contract Cost
AWARD 1. Cordel Corporation--------------------------$ 189,723.90
2. McBride Excavating Inc.---------------------$ 200,179.00
3. Wildish Construction Co.--------------------$ 202,015.50
4. H & J Construction--------------------------$ 202,595.35
5. Shur-Way Contractors, Inc.------------------$ 229,956.65
6. RussI Excavation Co.-----------~------------$ 245,388.15
7. Eugene Sand & Gravel Inc.-------------------$ 247,779.03
8. Morse Bros. Contractors, Inc.---------------$ 256,234.10
. 9. Dan D. Allsup Contractor, Inc.--------------$ 292,658.90
10. Stadeli Pump & Construction Inc.------------$ 313,160.96
11. Kurt Kimsey Construction Co.----------------$ 327,072.50
12. Kenneth R. Bostick Const. Co.---------------$ 357,533.50
13. Forslund Construction, Inc.-----------------$ 383,539.50
14. Land Construction Company-------------------$ 395,976.34
15. Cascade Ditching Co.------------------------$ 725,374.54
Cost to Abutting Property Cost to City
($242,846) None
San. Lateral 0.105/SF
San. Service $ 400.00/Each
COMPLETION DATE: July 1, 1981
.
Page 2 of 3
~ 1
DEPARTMENT OF PUBLIC WORKS .
Engineering Division
Bid No. 1 3
Opened: December 4, 1980
3. SANITARY SEWER to Willakenzie Island
Annexation Area #8, (A-Z #78-11),
generally including Bar M Subdivision
and property along Willakenzie Road,
Best Lane, Van Avenue, Bogart Lane,
Bailey Lane, Randal Street and Satre
Street. (Job #1813)
Bidders: Contract Cost
A~JARD l. Bowers Excavating & Fencing-------------------$ 320,642.00
2. Cordel Corporation----------------------------$ 338,668.50
3. H & J Construction----------------------------$ 376,522.10
4. Wildish Construction Co.----------------------$ 378,894.17
5. Russ' Excavation Co.--------------------------$ 407,272.40
6. Eugene Sand & Gravel, Inc.--------------------$ ~20,392.81
7. Morse Bros. Contractors, Inc.-----------------$ 422,300.30 .
8. Kenneth R. Bostick Construction Company-------$ 463,880.70
9. Dan D. Allsup Contractor, Inc.----------------$ 496,271.50
10. Land Construction Company---------------------$ 500,111.80
11. Shur-Way Contractors, Inc.--------------------$ 519,205.90
Cost to Abutting Property Cost to City Amount Budgeted
($401,500) $7~800.00 $ 27,500.00 (531)
San. Lateral $ O.lO/SF
San. Service $ 450.00/Each
COMPLETION DATE; July 15, 1981
.
Page 3 of 3