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HomeMy WebLinkAbout03/09/1981 Meeting - e e M I NUT E S Eugene City Council City Council Chamber March 9, 1981 7:30 p.m. COUNCILORS PRESENT: Betty Smith, Mark Lindberg, D. W. Hamel, Gretchen Miller, Brian Obie, Eric Haws, Emily Schue, Cynthia Wooten. The meeting of the City Council of the city of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. PUBLIC HEARING A. Concurrent Annexation/Rezoning 1. Property located within the area bounded by West 18th Avenue, Bertelsen Road, Bailey Hill Road, and Four Oaks Grange Road from County RA Suburban Residential District to City RA Suburban Residential District (City of Eugene: Bertelsen Road Area Island Annexation) (A/Z 80-5) (map distributed). Manager introduced Jim Croteau, Planning Department. Mr. Croteau explained that the City of Eugene is initiating island annexation and concurrent rezoning in the area of Four Oaks Granqe Road and Bertelsen Road. Over the last several years, the City has annexed considerable property in this area. In October 1980, in conjunction with the annexation in this area, the Planning Commission initiated the rezoninq and annexation of the remaining island properties. The Planning Commission considered this item on January 5, 1981, and recommended approval by the City Council by unanimous vote. There are seven tax lots, six of which are occupied by single-family and duplex development. The remaining lot, Tax Lot 1700, is currently vacant. The request had been evaluated under the criteria for annexation and rezoning in response to the administrative rule required in all annexations. The property owners have been notified individually by letter, by notice of the Planning Commission meeting, and by notice of the City Council's meeting, March 9, 1981. The only correspondence from the property owners was a letter from Helen Davies, owner of Tax Lot 1700, who submitted a letter subsequent to the Planning Commission hearing asking that her property not be annexed to the city. In conjunction with the annexation and rezoning, it is recommended that a residential sign district be applied to these properties. Ms. Wooten asked why the residential sign district was being requested for that area. Mr. Croteau answered that property within the city is subject to the sign code. Property outside the city limits is not. Last fall, in reviewing some of the annexations, they found that they had not been applying the sign district MINUTES--Eugene City Council March 9, 1981 Page 1 e when property was annexed to the city. The code requires that they do so. From now on, they will be applying an appropriate sign code district. Ms. Wooten asked what that would be for. Mr. Croteau explained that every property within the city is covered by a particular sign district. The residential sign district is the most restrictive sign district in the city. The only signing allowed for a residence is in conjunction with a home occupation: a one-square- foot sign for the name of a person with the business there. Mayor asked those testifying to fill out a questionnaire for the Citizen Involvement Committee. These questionnaires are passed out in order to seek the public's feelings about the hearing process that the council goes through for land-use issues. No ex parte contacts or conflicts of interest were declared. Staff notes and minutes were entered into the record. Public hearing was opened. Helen Davies, owner of Tax Lots 1500 and 1700, said she had written a letter to the City explaining why she did not want her property to be annexed. Public hearing was closed, there being no further testimony. e 3482--A resolution forwarding recommendations to the Boundary Commission for annexation of property located within the area bounded by West 18th Avenue, Bertelsen Road, Bailey Hill Road, and Four Oaks Grange Road to the City of Eugene and Lane County Metropolitan Wastewater Service District. Ms. Miller moved, seconded by Mr. Obie, that the findings support- ing the annexation as set forth in the Planning Commission staff notes and minutes of January 6, 1981, be adopted by reference thereto, and that the resolution be adopted. Ms. Wooten asked Ms. Davies to explain her reasons for not wanting to have her property annexed to the city. Ms. Davies said that she was very satisfied with the way it was. They had a good septic tank and good water. They have animals that they want to keep. Ms. Wooten asked if the two lots together were a little over an acre. Ms. Davies said that they were. Res. No. Ms. Wooten asked Mr. Croteau if, under Goal 3, Agricultural Lands, the soils classification was in the range of I through IV. Mr. Croteau did not have that information. He said the parcel was relatively small and is surrounded by highly urban development. Due to low density in the development that has occurred, the burden of proof was not particularly heavy so they did not do a detailed soils analysis. Ms. Wooten asked Ms. Davies if she and her husband intended to develop any of their property in the near future. Ms. Davies said they did not. e MINUTES--Eugene City Council March 9, 1981 Page 2 Motion carried unanimously. e CB 2254--An ordinance authorizing rezoning from County RA Suburban Resi- dential District to City RA Suburban Residential District for property located within the area bounded by West 18th Avenue, Bertelsen Road, Bailey Hill Road, and Four Oaks Grange Road. Ms. Miller moved, seconded by Mr. Obie, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 6, 1981, be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous consent of the council; and that enactment be considered at this time. Mr. Obie explained to Ms. Davies that this is one of the problem areas council has in the various plans, starting with the 1990 Plan. These plans declare this area will ultimately be urban with sewers and other City services. The City has been annexing property in this area for several years. This is a continued implementation of those plans the City has relied on. It is very difficult for the council to change that direction. The plans have taken many years to develop. Because of the plans and the goals of the council, the council is committed to urban development in the area. The City will have services that go beyond the Davies' property and those urban services will be needed. Mr. Gleason asked that Mr. Croteau or the Planning staff discuss the consequences and details of the processes with Ms. Davies. e Ms. Miller asked if the council bill they were voting on included the Residen- tial Sign District. Mr. Gleason said that it did. Motion for second reading carried unanimously. Council Bill 2254 was read the second time by council bill number only. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and numbered 18761. II. CONDEMNATION AUTHORIZATION--SOUTH HILLS RIDGELINE ACQUISITION (memo and map distributed) Manager introduced Walt Haniuk. Mr. Haniuk said this item comes to the council because of a difficult purchase situation. It is a project that the City and the Parks Department have had on schedule for six to eight months. It is an acquisition project in the ridgeline which is part of the continuing ridgeline program established in 1974. The request was prompted by the fact that the voluntary negotiations have come to a stalemate by pending litigation on the property, and it appears that this pending litigation may not be resolved for e MINUTES--Eugene City Council March 9, 1981 Page 3 e e e one or more years. The City Attorney's Office has been assisting the department with the negotiations toward a voluntary purchase. It appears that this cannot be expected for some time. As a result, Mr. Wood, a previous owner, his attor- ney, and the City Attorney have recommended that in order to initiate some progressive action to ultimately culminate the purchase of the property, the City initiate condemnation proceedings. The purchase price is not the issue. The project is consistent with the community goals established in the South Hills Study and adopted by the council. They are consistent with the State Land Use Goals established by LCDC, the applicable goals being: Goal 5, Open Spaces, to preserve and to protect scenic areas and to promote a healthy, visually attractive environment; Goal 4, the protection of forest lands; Goal 6, for air, water, and land resources; and Goal 8, the recreational needs goal. The housing goal is not impaired since there is an adequate inventory of buildable land for residential use in this area. Mr. Obie asked if this was the property that is the subject of a controversy between the property owners Coleman and Mr. Wood, relative to a septic tank field. Mr. Haniuk said that this was not the issue in litigation. They were aware of the controversy. They have addressed the issue and have informed Mr. Coleman that they are aware of the problem and do want to see the easement removed. Mr. Haniuk said Mr. Coleman had an implied easement on Mr. Wood's property for a septic tank field. Mr. Obie was concerned for the man who would lose his septic tank field to the City. Mr. Haniuk indicated that Mr. Coleman would not be evicted from the former site. He said that it was not the subject of litigation. The litigation was between Mr. Wood and Mr. Green over a land sales contract. Mr. Sercombe told Mr. Obie that Mr. Coleman would be paid by the City if he had an interest in the condemnation act or some other reasonable agreement with the City would be made. Mr. Gleason said that if there is a right, it will be determined by the court and the compensation will be paid for that right. Mr. Gleason told Mr. Obie that when the City goes into condemnation, if they have not adequately resolved the issue of the septic tank field, they will notify the councilors, bring the issue back, and hold a public hearing on the subject, as long as it did not jeopardize the court proceedings. Ms. Miller urged that the council allow the attorney flexibility for proceeding. Ms. Miller asked for clarification of the pending litigation about the land sales contract which is governing the current sale of land to the current owner. The previous owner, the underlying seller in the contract, has been cooperating with the City in this manner. Is the City dealing with an unwilling seller or with an unclear title? Mr. Haniuk gave more background. Mr. Wood, the previous owner, had sold the parcel to American-Nepal Education Foundation. They sold it to Joe Green. As a result of difficulties in developing the land as Mr. Green has intended, Mr. Green sued to rescind his contract. That was where the suit started. Then the City indicated an interest in buying the property from the American-Nepal MINUTES--Eugene City Council March 9, 1981 Page 4 e Foundation or Joe Green. Mr. Green then decided he did not want to rescind the contract and wanted to be the principal owner in the program. No progress has been evident in getting the suit settled. The City could wait or initiate condemnation proceedings. Ms. Miller asked if this action would not speed up the proceedings or inevitably freeze the market value. Mr. Gleason said it was the latter, and that was all the action really meant. Mr. Lindberg asked if the parties would testify if this were a public hearing. Mr. Gleason asked Mr. Haniuk if both parties were agreeable to this action. Mr. Haniuk did not know. He thought Mr. Wood would be in agreement; about Mr. Green he did not know. Mayor Keller noted the key issue before the council was that the City has a policy of ridgeline acquisition. This process has been used in the past. It is the City's intent to acquire as much of the ridgeline as they set out to do years ago. If this is allowed to go to litigation, the City will lose 18 months and it will be an additional cost to the City. If this procedure is followed, the price is locked in immediately upon the filing of the complaint. Ms. Smith said that she did not like the condemnation procedure; however, a plan had been developed. If they do not follow the plan, the City will not have the open spaces that council feels are important to the City. Most people buying in an area should be aware of the future plans of the City. The City must use the condemnation procedures in this case. e Mr. Lindberg and Mr. Gleason pointed out that this was not a case of different land use. It is a case of who gets the fee. This is authorization for initia- ting the proceedings. Mr. Gleason said that they will probably continue to negotiate. This will lock in the market value. CB 2255--An ordinance authorizing the institution of proceedings in eminent domain for the acquisition by condemnation of property for the preservation of the South Hills Ridgeline and declaring an emergency. Ms. Miller moved, seconded by Mr. Obie, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Motion carried unanimously. Council Bill 2255 was read the second time by council bill number only. Ms. Miller moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote. All councilors present voting aye, the bill was declared passed and numbered 18762. e MINUTES--Eugene City Council March 9, 1981 Page 5 . e e Mayor thanked members of the council for participating in the trip to Washington, DC. He was extremely proud that they spoke not only for Eugene but for Oregon as well. Meeting was adjourned to March 11, 1981. Respectfully submitted, ~ - M~~D. Gl son City Manager (Recorded by Beth Conant) MDG:BC:pm/CM7a24 MINUTES--Eugene City Council March 9, 1981 Page 6