09/10/1973 Meeting - Laserfiche WebLink

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R. Request by Obie Signs to Hold Public Hearing on Sign Code - Brian Obie of Obie Outdoor Advertising advised that his purpose in requesting a hearing was to simply outline the position of his company with regard to the sign ordinance implementation. He felt the need for a public hearing regarding the impact of the 'ordinance upon his business r . and the possibility of extending the takedown deadline. He is therefore requesting it a moratorium on take-down until their views can be made known. Mayor Anderson asked if only the question of outdoor advertising would be raised. Mr. Obie advised that it would. The Assistant City Manager said that materials from Obie suggesting amendment to the sign code were received within the relatively recent past. They are being reviewed by the staff. Since there had been some concern about the legal opinions circulated, .he asked the City Attorney to give his conclusions after reviewing the law. The City Attorney advised that the question is whether the enforcement of the sign , ordinance constitutes taking of property without due process of law. A wri tten , response will be available next Wednesday. From considerable reading so far, it is . the City Attorney's feeling that the ordinance is valid and enforceable and an , exercise of the police power to regulate signs. Mayor Anderson advised a decision on whether to hold a public hearing would be I delayed until next Wednesday pending receipt of the opinion from the City Attorney. Comm Warre~ Korstad, Chairman of a Businessmen's Committee, stated that, if there is a 8/29/73 hearing, they would like to be heard in regard to private and individual signs. File -- S. Amazon Parkway Wesi-Right-of-way - Councilman McDonald noted reference in a recent meeting to the possibility of longer delay in construction of Amazon Parkway West and asked what the status of the project is at this time. Manager replied that about a third of the needed properties have been acquired. Only I :one property has been purchased since adoption of the Charter amendment requir- I ing voter approval of controlled access design proposed for the project. It was not felt proper to submit the design until information was available with Comm regard to environmental impact. Public Works Director added that the project 9/5/73 is one of the first in the planning section. 'File T. ,Rezoning area south of Kingsley Road between Goodpasture Island Road and Willamette River - County AGT to C-2 PD (Hosey/Planning Commission) .Councilman McDonald moved seconded by Councilman Keller that C.B.171 rezoning ;the Kingsley Road property to C-2 PD be removed from the table. I Councilmen McDonald and Keller felt in fairness to the petitioner some decision should be made on the request. Councilman Murray noted that the~issue'was not just tabled, but was held with specific instructions abopt~gathering information.: He thought it would be premature to remove it for discussion before that in- 'formation was available. Mayor Anderson.agreed and suggest9d that action on . the tabling motion be reviewed before it is taken off the table. Planning IDirector suggested possible discussion of whether to remove this issue from I the table at the time of joint discussion with the Planning Commission on the Valle~ River Center rezoning request for Montgomery Ward since it is the same type of issue. He said staff work requested at the time the Hosey request , was tabled has not been scheduled because of the present workload in the Plan- ' ning Department. Comm 9/5/73 with the consent of Councilman Keller, Mr. McDonald withdrew the motion with File the understanding the matter would be brought back as soon as possible. u. Distribution, Fasano Decision - Copies of the Oregon Supreme Court decision in the case of Fasano, et al v. Board of County Commissioners of Washington County, et al were previously distributed to Council members. Manager explained that t~ere is disagreement at the staff level on the approach to reaching zoning deci-i s~ons under the Supreme Court ruling. Councilmen Murray and Wood were anxious " Comm to have some direction prior to returning to discussion of some of the contro- / 9/5/73 flersial zone changes before the Council. It was understood a report would be File available to Council members before any further zoning actions are taken. Mrs. Beal moved seconded by Mr. Wood to approve, affirm, and file as noted Items A .- through u. Rollcall.vote. All councilmen present voting aye, motion carried. 2&& 9/10/73 - 10