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HomeMy WebLinkAbout09/10/1973 Meeting Council Chamber Eugene, Oregon September 10, 1973 . Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderspn at 7:30 p.m. on September 10, 1973 in the Council Chamber with the following councilmen present: Mrs; Beal, Messrs McDonald, Keller, Murray, and Wood. Councilmen Williams, Hershner, and Campbell were absent. Announcements Inv.~tation, Feed Mill Restaurant - Issued to Council members to attend a celebration of the 164th anniversary of Eugene Skinner's birth, September 13, 1973. The Feed Mill will be open from 11:00 a.m. and ten percent of the gross receipts for that day will be contributed to the Lane County Pioneer Museum. Minority Job Fair scheduled Friday, September 14, 1973, at Lane County Fairgrounds where businesses and industries will open employment opportunities to minorities. The Fair is sponsored by the Human Rights Commission in co-operation with the local chapter of National Alliance of Businessmen.and the Chamber of Commerce. I - Public Hearings A. Code Amendments 1. Adding Section 9.485 - Special Development District (SD) Recommended by the Planning Commission on July 30, 1973. The District would "- . encourage development or redevelopment of areas which possess unique man~made or material features which require special consideration. To qualify for de- velopment under this regulation an area must be shown to meet criteria listed in the Planning Commission minutes, copies of which were previously furnished to Council members. Public hearing was opened. Otto Poticha, 1820 Kona Street, spoke in favor of the proposed amendment. He said it would be very difficult to develop an area deserving special considera- tion under the present zoning regulations, because the things which should be saved would, actually be destroyed. The proposed district would automatically embody and incorporate what the Council is attempting to do with regard to restoration or preservation, using buildings in a productive manner rather than as museums. He added that the local membership of the AlA supports the amendment. Public hearing was closed, there being no further testimony presented. Council Bill No. 381 - Adding Section 9.485 to Zoning Code providing for Special Development District (SD) was read the first .-/ time by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Wood 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 and the bill was read the second ti~e by council bill number only. Mrs. Beal moved seconded by Mr. Wood that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was de- clared passed and numbered 16916. 2. Amending Section 9.544 to provide for telephone booths in setback areas Recommended by the Planning Commission on August 13, 1973, with copies of those minutes previously distributed to Council members. Public hearing was held with no testimony presented. Council Bill No. 382 - Amending Section 9.544 to provide for telephone booths in setback areas was read the first time by council bill number and title only, there being no councilman present requesting that it be r. read in full. Mrs. Beal moved seconded by Mr. Wood that the bill be read the second time by - -- council bill number only, with unanimous consent of the Council, and that enact- ment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seconded by Mr. Wood that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was de- clared passed ,and numbered 16917. 2'7 9/10/73-- 1 \ B. Abatements' L 2560 Chambers Street (Book-Beach) Building Department recommended abatement action in accordance with the Code >~ . to remove deteriorated and hazardous buildings from the property. Most Council tIIJ members viewed the property on tour. ' Public hearing was held with no testimony presented. Resolution No. 2219 - Authorizing abatement at 2560 Chambers Street was submitted. _. -~ Mrs. Beal moved seconded by Mr. Wood-to adopt the resolution. Motion car- .:- ried unanimously. 2. 2375 Madison Street (Shook-Dannemiller) Building Department recommended abatement action. Property was viewed'by most Council members on tour~ Manager said attorney for the property owners requested continuance 'of the hearing to September 24, 1973 since he was unable to be present at this meeting. Public hearing was held with no testimony presented. Resolution No. 2217 - Authorizing abatement at 2375 Madison Street was . submi tted. . Mrs. Beal moved secon~ed by Mr. Wood to hold 'the resolutio~ 'until the tit - September 24, 1973 Council meeting. Motion carried unanimously. C. Appeal, Sign Code Board of Appeals Decision on Sign for Circus Hut, 76 West Broadway** Washburne Building, 72 West Broadway, owned by Pacific University and managed by First National Bank, has a number of commercial tenants. Application was received by the Sign Code Board of Appeals from The Little King restaurant (Circus Hu~) as a result of uniform signing developeq in co-operation with manager o~ the build- ing for all commercial ~hops. , Spacing between the signs proposed is less than. now provided for by the Code., The feeling is that the sign spacing in the Code was designed when the mall area was pedestrian/auto oriented, so ~s not entirely appro- priate for the existing.peqestrian-only oriented area. The Board of Appeals did not grant the Circus Hut request but suggested th~ Council might wish to consider the proposal since it is a new approach to signing in the downtown area. The Council does have authority to permit the type of signing proposed. The Eugene Renewal Agency supports the proposal. Public hearing was opened. Richard Megenity, First National Bank, displayed a model of :the building. He ~aid .~ provisions in the Code were designed for signs to attract attention of motorists. ' . Small, tasteful, detailed signs would be appropriate for the pedestrian mall as it ~ now exists. He described the uniform signing suggested for the Washburne Building and said there are no provisions in the Code, other than regulations applying to special signs, which might cover a co-ordinated, pedestrian oriented s~gn plan. He asked approval of the signing as proposed. Public hearing was closed, no further testimony being presented. Mrs. Beal moved seconded by Mr. Murray to approve the uniform sign system for the Washburne Building at 72 West Broadway. In answer to questions from Councilman McDonald, Mayor Anderson explained that appeals from decisions of the Sign Code Board of~Appeals are considered by the Counci+ if applicants so desire. The Planning Commission does not consider appeals from Sign Code provisions. Vote was taken on the motion as stated~ Motion carried unanimoUSly.' ., ' 1 h . ~m See page 1 "t ese mlnutes. D. Bids 1. Demolition and Site Clearance - 'Public Works (Opened September 1, 1973) a... Contract Cost to' .." Proj ect and Name of Bidder Cost Ci ty ~..~ .... 3815 Willamette.Street Johnson Bros. $ 350.00 $ 350.00 M&W Building Wreckers 600.00 Eugene Building Wreckers 985.00 Harry G. Abajian 1,050.00 Completion Date: October 15, 1973 '-'89/10/73 - 2 4291 East AIDazonDrive Johnson Bros. $ 300.00 $ 300.00 ..::;;- M&W Building Wreckers 550.00 'It Completion Date: October 15,1973 2. Improvement Projects - Public Works (Opened September 4, 1973) Ccst to ~~~~~: ::.;'::C J( 3iu...:e.r .i.n1 Prcject C.::ntr3ct Cost l~:-'.1ttLng PrC'?_ CCSt to City 3:..:,~t;i:':~~_ ..-.--..-- !'.-'-.\' r \::;: i i':-;\-~.l(~... b;:>;.t..'c..:!n :3t'n Avenue .1nd 14th Avenue (:.:=," Fc:ry Stre~t :0 Patterson St. (943) . ~'il",s" Ccostr'lotion Cc:oan\....................$ 7,116.80............... ..tile: P,,;;. $11.54 fr/ft. :. Zl"v<re.,'-,-" i. Putt, Inc...........................$ 8,177.95 COX?LETIO:; DATE: :;o"e:ber 15. 19i3 I ~_______~___________________________________________________________________________________________________________________________________________________ , 0'.:-:1""::. : ~,:,,:~'~~' Satc:sco "'.-a<1 .: A-3 Ch.1":1cl (315) .. """''' te.". C:"s: ~uc t icn Ce"?ar.y.................. $51. 7 73.05. . . . . .. . . . . . . . . ... . ... . . ... .0. . .. .... . . ... . . . .. . . . . . . . . . . $ 5, . i 7J. 05. . . . . . . . . . S 41. 55~ ,oJ.;) CO~L~lIOS DATr: ,~,,~~bcr 15. 1973 h_________________ - -- + ."~" ~-.+..-..--.--- ~_____..~_.____...._...__________.__._~.,~_~~_ .:.........~.__--___...___..h_. ___...._ _.. _n'___,_._+_ _ _._ _._ 1')..\'::;";: i~-i~~~h !l:!l! of A1IC')' b~t'"'een Pearl ~o" Hi.h :rc: 3rd to 4th (971) I 1. Io'ild:sh C~:1stn.:ction CO"'<8ny...................$3.566.00.............. ,\11.y <'.g. $13.04 fr/:t ! 2. Devereaux ~ Pratt. 1,;:.........................$4.102.90 Sar.. Se:v. $56.25 cae:' (2) i ~ ~~~~~-~~~~~~-----__-___-----__------___----------------------------__________________________________________~:~::c~~~_~ArE:__~~~~:~~~~~_~~~~_~ -"-:-00 :::lii.;,. Bill Road frem the Ama=on (:'."::::01 co l<i::. Awnuc (9;9) PROPOSAL 1 ~SAL 2 t. Sh:Jr--"'ay .:~. nt :".Jctcr s, In.;............... $ 218,203.40. . .. $::3,7 6S. 40. . . . . . . . . . . .. . . .. . . O. . . . . . . . . . .. . . . . . .. . . . . . . . . . . $.21 0,208.40. . . . . . . . . . . ,l) 2. :-!.lrsi:all Assoc. ContrJctors, Inc........Nu BfJ..........$2:!9,1I.7.S0 J. \o.'ilJi$h C:.:::stn:cticn Cot!':pany.............Nc Bid.........$2)6,1.~5.00 l ~. Kc"r.~.h R. Bestick Coestruction Co......$241.!60.00....S236.580.00 5. \;:11:5 Ne:n. C~nt.. rr.c.................$241.513..)0....S265.661.00 COMPLE!IO~ DATE: ~;c\.e::~C:r 15, 19i 3 - --_. '---'~~'" '---'".-. .._"~._--+...._..._--"._._-_. '.- - ---,,,",-- '." "+ . ...--.---.------.....-.---......---.- - - .-~._.__...---~._--- ~- . ."--... -., -'-.---- -- -..-.-.- - - '-'" ,~ Public Works Directo~ reviewed bids. Award of contract was reC9mmended to the low bidder on each of the demOlition and site clearance projects (3815 Willamette and 4291 East Amazon); and to the low bidder on Proposal 1 for storm sewer on Bailey Hill from Amazon Channel to 18th Avenue. Recommendation was to reject bids submitted for paving alley between 13th and 14th, Ferry to Patterson; construction of bridge on Bertelsen Road at A-3 Channel; and paving south half of alley between Pearl and High, 3rd to 4th. Bids submitted, on the alley paving were considered too high, and only one bid was received on the bridge construction. Public hearing was opened. Frank Kanne, owner of property at 564 East 13th Avenue, asked whether another hearing would .- - be held on paving the alley between 13th and 14th, Ferry to Patterson, if the bids were rejected as recommended at this time. Mayor Anderson said there would be. Public Works Director added that the estimated cost was $8.50 compared to the bid price of $11.54 per front foot, and that even if the bid had been favorable the Council would have been asked to delay the project because of probable adverse weather conditions which would be encountered. Manager presented a letter from R. M. Miglioretto, 635 South 195th Avenue, Seattle, indicating demolition work on th~ property at 3815 Willamette was.about20% complete and that he ex- pected to have it completed by'November 1, 1973. Manager explained that previous attempts to abate the nuisance had resulted in appearance by the owner requesting time to raze the structure. or bring it to Code. The work accomplished fell far short. of what was required. Building Department rep~rted very littie accomplished since the present notice of abatement to the owner and, in view of the history of the property, recommended award of the contract to proceed with clearing the property. Public hearing was closed. Public Works Director in answer to questions from Council members explained that the bid received for the construction of bridge on Bertelsen Road was some $10,000 over the estimate and it is felt calling new bids in the spring would attract more than one bid. With regard to the alley paving between Pearl and High, 3rd to 4th,- the estimated cost was $8.50 com- . pared to b~d price of $13.04 per front foot which was the basis for recommending rejection . . of those blds. Councilwoman Beal suggested the City might solicit bids for demolition of buildings which included a certain amount of salvage. She mentioned it because of the recent demolition of buildings to make way for a Federal building and destruction of usable materials. She suggested too that usable materials in buildings to be destroyed might be made available for repair of housing for the elderly which is being discussed in the Joint Housing Com- 279 9/10/73 - 3 . mittee. Manager said the possibility of calling alternate bids specifying salvage vs no salvage would be explored so the Council could have that information at the time 'of contract award on demolition projects. Councilman Wood noted that most buildings on which abatement proceedings are pursued do not 4It have any appreciable am9unt of salvageable material. He ,favored consideration ,of salvage operations on any abatement-projects which appeared to have any'value.Mayor-Andersoncom- mented on the change in lumber sizes since construction of many of the buildings razed. He said lumber used in buildings constructed 35-40 years ago would be unusable in~construction now because sizes would not conform to today's standards. Mrs. Beal moved seconded by Mr. Wood to award contracts to the low bidder on each of the demolition and site clearance projects and for construction of storm sewer on Bailey Hill Road, and to reject bids for paving alleys between 13th and 14th, Ferry to Patterson, and between Pearl and High, 3rd to 4th, and for construction of bridge on Bailey Hill Road. Rollcall vote. All councilmen present voting aye, motion carried. Request for Waiver of Bid Procedure on paving and sewers within Edgewood West III and award of contract to Wildish Construction Company for $96,169.40 was requested by property owner. Mrs. Beal moved seconded by Mr. Wood to grant the waiver and award contract as requested. Rollcall vote. All councilmen present voting aye, motion carried. 3. Shasta Ball Park Sewer ~ine - Parks (Opened September 5, 1973) 4If, Informal bids for 543 linear feet 6" sanitary sewer line: Norm Green $ 2,586.25 Charles H. Lyons 3,380.80 Estimate $ 2,620.00 Recommended award to the low bidder. Irrigation and Landscape on Ascot Park and Coburg Road Median Strips, Echo Hollow, and Shasta Junior-High - Opened September 5, 1973- Parks Allen's Landscaping -. $ 17,893.00 $ 12,100.00 $ 23,056. OO~ Fairway Irrigation 9,782.00 9,920.00 9,980.00 Hennen Irrigation no bid 8,437.00 13,477.00 Land Systems 13,987.80 11,927~00 18,666.00 Lane County Nursery 12,011.30 8,507.50 15,152.50 Ramsey-Waite Co. 13,288.00 11,950.00 14,694.00 Turf Irrigation 10,565.00 6,869.00 12,100~00 ' Estimate 13,134.00 10,008"'75 18,080.00 __ '" Recommended award to the low bidder on each of the projects. 4If Mrs. Beal moved-seconded by Mr. Wood to award contracts as recommended. Rollcall vote. All councilmen present voting aye, motion carried. II - Consent Calendar Items acted upon with one motion after discussion of individual items if requested. Previously discussed'in committee meetings on August 29 (Present: Mayor Anderson, Councilmen Beal, Williams, Campbell, Murray, and Wood) and September 5, 1973 (Present: Mayor Anderson; Councilmen Williams, McDonald, Hershner '(left early), Keller, Murray, I and Wood). Minutes of those meetings appear below printed in ,:jtaLics. A.Sei'e'ction of Second Municipal' Judge - Assistant city Manager advised that, at- pre~'e;;t, a total of 638 cases are awaiting trial in Municipal Court. Last January's cases are inow being set, with a 60 per cent request for jury trial. There is, ther~fore, a high need for a second judge. Councilman Wood mentioned having c~nt~ct w~th one gentlemen who had recently moved from Eugene and had to return tw~ce because ~f one trial. Assistant City Manager advised that having a second judge would allev~ate some of this kind of problem. ;Mrs. Beal moved seconded by Mr. Williams to authorize selection of a second Municipal tilt Judge, screening of the applicants to be done by a seven-member committee appointed i by the Mayor and composed of ,t.l1r.ee' -attorneys, three ci t~zens and one cou~cil member, COmIn with the Council making the appointment from three cand~date recommendat~ons by 8/29/73 ~the Co~tte~;a~d Judge Bocci serving as an additional, non-voting, member of the Approve i Commi ttee. Motion carried un~nimously.' - ." 0.' 280 '..- 9/10/73 - 4 .......~ ~ . ;,.' B. Request for Sign Code Amendment Review - Council members were previously furnished with staff report and analysis together with City Attorney's comments with regard to proposals for Sign Code amendments presented by Obie Communications Corporation. . Included in Obie's submittal was copy of opinion with regard to legality of the present sign ordinance and a statistical analysis of effect of the ordinance on billboard installations. Another group, chaired by Warren Korstad, requested con- sideration of amendments to the Code because of concern for identification and other signs exclusive of billboards. However, their concerns have not been re- ceived in written form so have not been reviewed nor commented upon by staff. The staff report was read and Manager noted the section-by-section analysis sub- mitted by Obie of how the proposed amendments would affect the Code. He said that the Planning staff indicated there was very little in the analysis which had not been presented at the time the Code was adopted. He noted the extensive hear- .ings conducted at the time it was adopted. Councilman McDonald asked whether the "determination" with regard to enforcement of the regulations was made by officials of the Building Department themselves or in accordance with terms of the ordinance. Manager explained that the Building Department is charged with enforcement of the ordinance and has indicated to Obie that some of their billboards are not in conformance. An appeal to that determina- tion is in effect a request for a variance. The Sign Code Board of Appeals has the J authority to decide whether the Building officials have erred, or under certain conditions may grant a variance if it is justified and not contrary to the intent of the ordinance. - Councilman Williams asked if adoption of staff's alternative recommendation to allow the Sign Code to continue in its present form would indicate tha,t neither staff nor the Board of Appeals has any suggested amendments or changes. Manager said he could not answer for the Board, but staff would suggest that over a period of time there may be clarifications ,needed to make the ordinance more understandable for both the staff and the industry. However, review is not felt necessary at this) time as a reason for postponing the amortization period. Staff considers the ordinance workable in its present form. Answering Councilman Keller, Manager said the Obie proposals have not been before the Sign Code Board of Appeals. There is provision in the ordinanc:e for appei!l from a decision of the Board to the Council if specific decisions on non-conforming ~ uses do not sa tisfy the applicant. Mayor Anderson's thought was that a variance would not be a factor in consideration of any amendments to the Code. The Board has authority to grant a variance. The question at issue, he said, is whether to consider amendm~nts to the Sign Code. Councilman Wood asked if there were time limits involved in variances. City Attorney answered that each grant for extension is limited to six months with a . total of three variances for anyone sign or location. Councilman McDonald wondered whether there was any penalty if a non-conforming sign were not removed and how costly it would be for the City were Obie Communica- tions to start litigation if their non-conforming billboards were not permitted I to remain. Mayor Anderson brought the discussion back to whether amendments would be considered. Councilman Hershner asked about the status of non-conforming signs during the period of public hearings should it be decided to consider amendments. Manager said, and City Attorney confirmed, that until the Council amends the ordinance or extends the amortization period, non-conforming signs will be SUbject to enforcement un- less application is made to the Board of Appeals for variance. Eric Larsen, attorney representing Obie Communications, expressed his client's opinion that a variance was not the solution to the problem of elimination of non-conforming signs. He said if signs do not conform at the September 10 dead- \ line, then they would already be illegal and consideration of any amendments would be made more difficult. He claimed the question was one of regulation vs prOhibition, saying the Code is prohibitory when applied to billboards. He cited statistics with regard to limitations imposed by the ordinance and maintained - that they ,in effect eliminated billboard business in Eugene. Mr. Larsen disagreed with the City Attorney's opinion with regard to compensation for those signs which would have to be removed. He maintained there was no evidence of danger to pUblic safety, health, and morals which would justify the Code. He defined the taking of private property, and said there should be compensation since enforcement of the Code would have a drastic effect upon the ability of Obie to do business. He said it was stretching the use of police power in protecting the pUblic for aesthetic reasons and cited Federal and other state legal opinions.in this regard. He maintained enforcement of the Code would ignore investment, market value, extt;lnt ofur€}!capturing inve~trne~~,_l~rl.g~hn of~ unexpired leases. ~ --~~._.~ 2&1 9/10/73 - 5 I' Mr. Larsen continued that amendments to the Code were needed to clarify the in- tent, noting the split vote of the Council at the time of adoption, compromises in the final ordinance, and subsequent court cases on sign codes in other states. ~ He added that Obie Communications has been working under the Code for five years -- and feels continued use of the Code as written will put that firm out of business. He said the amendments proposed were designed to make the Code more workable. The firm has the intent of continuing to work with Building officials to resolve the problem of billboard elimination. He noted variations made on Obie's billboards which they felt should be taken into consideration and said there was no evidence to show that the intent of the Code was to eliminate them; determination on that question could be brought out in public hearing. He stated his belief in the legislative system, making reference to representation that Obie will commence litigation if amendments are not to be considered, and said 1,t was a question of whether the firm could exist under this Code. Larry Gildea, attorney, representing the Korstad group of businessmen, called attention to substantial information developed from studies across the Nation and cases filed in other areas which would have a bearing on the legal issue and should be reviewed by the Council. He deemed it prudent to hold hearings to determine whether the sign ordinance should be amended so that others adversely affected by its regulations would have an opportunity to be heard before a deci- sion is made or before litigation is started. Mayor Anderson noted it was continually implied by Obie Communications that they -- would be out of business if the proposed amendments are not made. He asked how many of Obie's signs in the City have been eliminated as a means of complying with the Code since it was adopted. York Haines of Obie Communications described the difficulty of determining what type of signs would be used for replacements and finally answered that none had actually been removed. Brian Obie,.president of the Company, said in the interest of clarification it should be noted that the Code will put Obie Communications out of business in Eugene, not out of business entirel y . Mr. Anderson continued with statistical questions - whether it was correct that only 29 of the 150 of Obie's signs, or about 23%, would actually have to be eliminated, and how many new signs had been installed since the Code was adopted. Mr. Haines answered that Obie had a total of only 126 within the City, not 150. He and Mr. Obie commented on differences in various signs, height, problems with relocation, etc., and limitations imposed by the Code. They did not have the number of new signs installed since 1968. Mayor Anderson asked why, if Obie Communications felt the ordinance needed clarifica- tion, the matter was not brought to the Council prior to this time in order to point out the problem areas rather ~han asking for amendments to specific sections. Mr. Obie noted a previous appearance before the Council on a setback question and . appearances before the Planning Commission, many discussions with the Board of Appeals, and with staff trying to achieve some relief on that specific issue. Mr. Larsen said any item to appear on the Council agenda has to come from the Manager, Planning, or a councilman. He added that in appearances before the Board of Appeals the question seemed to be a matter of interpretation of the Code; decisions were that non-conforming signs would have to be removed at the deadline so in effect could stay until tha t time. He said it was not possible to base an appeal on a decision of that type. Manager in response to Mr. Larsen's statement with regard to an item's appearing on the Council agenda said his office never refused a demand to be heard by the Council. He added that suggestions for other solutions are sometimes made, and the Council has been asked a time or two I whether it wished to consider an applicant's request, but no one has ever been refused the right to be heard by the Council if they insisted. He agreed with Mr. Obie that there have been many discussions with regard to this ordinance. Mr. Williams moved seconded by Mr. Hershner that the Council adopt Alternative Comm No. 1 recommended by the staff - to allow the Sign Code to continue to operate 9/5/73 as intended at the time of its adoption and take no action on the requested Approve amendments. Councilman Williams commented that he thought the Sign Code was established through . a very thoughtful and detailed process, that it was a prudent and proper act, and that the legislative body properly reflected the wishes of the people in es- tablishing it. He thought that the legislative body was still satisfied that the Code as adopted represents the will of the people. He noted one of the concerns about constraints of government was the extent to which the will of the majority might infringe upon the will of the minority and said that the question of whether the use of this Sign Code is an improper use of police power should be decided in the courts. He saw no reason to consider any change in the ordinance. 2.82 9/10/73 - 6 /\ Councilman Hershner had some concern on some of the specific items brought up in \ the reports presented, such as limitations on signs along elevated arterials, etc. . However, he thought those kinds of questions could be dealt with individually and said he would definitely oppose opening for public discussion the whole philosophy of the Code at the time it was adopted. -Councilman McDonald agreed that holding public hearings on the entire Code would 'not be wise. However, he felt public hearing might be in order to consider specific items which may need attention, considering the five years of experience under its regulations. He was concerned about possible cost which could be in- curred by the City if Obie Communications were to file a law suit. Councilmen Keller, Murray, and Wood each expressed opposition to holding public hearings and basically agreed that with the deadline of September 10 approaching it would not be fair to those who have already removed non-conforming signs. Mr. Wood added his hope that the Planning Commission would submit whatever recom- mendations they felt needed to allow operation of the Code as intended. Warren Korstad, representing the group of businessmen concerned about regulations on signs other than billboards, noted the recent interest of that group because 'of the impending deadline for conformance to the Code. He noted that in cases filed because of sign codes in other cities those desiring signs were spoken of as the minority, but he felt some businessmen are finding it is the only type e of advertising tha t will help them. Larsen said Obie's proposal was to consider amendments to the Code; they did Mr. not ask for public hearings. They ask only to consider reviewing the Code with regard to setbacks, height, etc. I Dan Childress, l84~ university Street, said there was no other recourse for people who Objected to large signs than to uphold the Council in its adoption of the. Sign Code. He didn't want it changed. He questioned whether billbo~!ds we~~ , - the most effective method of advertising and said that if they were eliminated some other effective advertising means would appear. He thought the matter should be opened for public hearing to give those opposed to large signs an opportunity to be heard. Wilburn Reynolds, owner of A&W Root Beer in Eugene, commented on the cost of signs installed prior to adoption of the ordinance and which are now non-conforming. He felt enforcement of the Sign Code was taking of private property and could lead to more serious infringement upon his property. He said there would be no argu- ment if the Ci ty were to pay for the signs which had to come down. Mary Briscoe, president of the League of Women Voters, displayed a pictorial . record of news items covering adoption of the Code. She noted the compromises made by those wanting a stronger Code and urged the Council to review those compromises to see whether amendments to the Code were really needed. Ray WOlfe, 1926 Potter Street, identified himself as a member of the Mayor's Sign Code Committee and of the Metro Civic Club research committee, and said many other committees and study groups concerned themselves with development of the Code. He noted the many open hearings before the Commission and Council prior to the Code's adoption and urged the Council to let the ordinance stand in its present form. He said the billboard industry appears to be attacking the basic structure of the Code rather than appealing to the Board which considers variances. He fel t amending the Code to bring billboard signs into compliance would be under- mining the authority of people serving on the Board of Appeals. Lael Braymer read a prepared statement on behalf of Annabel Kitzhaber, 1892 West 34th Avenue, urging the Council not to amend the Sign Code as proposed. She felt it would be unfair to the people who have already removed non-conforming signs to meet the September 10 compliance date. . Mayor Anderson commented on the numerous contacts made with him by people in . favor of keeping the Sign Code as it is written and enthusiastic support of the community in general. He said that many businesses had gone to considerable ex- pense to conform to the Code. He expressed his approval of the ordinance and concurred with Council members' reluctance to open public hearings on the entire - Code. Comm Vote was taken on the motion as stated. Motion carried, Councilmen Williams, 9/5/73 Hershner, Keller, Murray, and Wood voting aye; Councilman McDonald voting no. Approve Councilman Hershner was ~xcused frC;)llI__the meeting. - -- - ----~-- ~ 2.3 9/10/73 - 7 C. CitY/Co'Unty .Cont;';;wt -re; Management of Joint Social Services Fund-- Copies of contract ~ere previously distributed to Council members. The contract provides : for handl~ng of funds budgeted for social services through the County Health . Department. It has been approved by County Commissioners. Comm Mr. ~illiams.moved seconded by Mr. McDonald to approve the contract. 9/5/73 Motion Approve carr~ed unan~mously. Comm D. Vacation of. 483:- feet. t of Center Way sOlith from Martin Street .,. Call hearing 9/5/73 Approve E. Sign C~de Variances for ERA Buildings Scheduled for DestructioniJu"xirig n.the Next .s~x Months - City Attorney advises that Council action by motion is not. s~ff~CUll'~t and that request must follow the Sign Code variance provision by : .f~rst be~ng considered by the Sign Code Board of Appeals. F. Petition for Sanitary Sewer in Lea Herb Plat and 480 feet west of City View' Comm 9/5/73 from 18th to 950 feet south - 32% Approve G. Sunland Homes Request for use of mobile home for office for Mobile Home Comm Sales, 2103 Highway 99 North 9/5/73 I Approve H. Request to Encumber Unexpended Funds for Elderly Low-income Housing as of Comm June 30, 1974 to be Available in 1974-75 - Joint Housing Committee 9/5/73 -- Approve I. Council Minutes, August 13, 1973 - As circulated Approve J. Historical Preservation Comrndttee - Mayor Anderson advised he had received acceptances from all appointees to the Historical Preservation Committee. Representing the Council will be Neil Murray - Chairman, Beth Campbell, and I Gus Keller. Also on the Committee will be Glenn Mason of the Pioneer Museum, I D. Norval Unthank - Architect, and Tbm Slocum - Real Estate Salesman. K. Ruling on Council Votes When Involving the Fasano Decision - Councilman Wood raised a question regarding Mr. McDonald's vote to abstain as it pertained to a rezoning matter at the last City Council meeting. Ci ty A ttorney advised his office has in draft form now detailed rules to aid the Council in future Comm rezoning matters. These guidelines will be available prior to the next council 8/29/73 meeting and hopefully will answer the question as to when a council member may File abstain from voting. L. Charter Amendment on Assessments - Councilwoman Beal asked when this material Comm would be forthcoming. Assistant City Manager advised that a meeting would be 8/29/73 held September 13th, and the Council would be receiving it promptly after that. File M. commi ttee on Various Uses of the Mall - Councilwoman Beal wondered if this - committee had met as yet. Parks Director Ed Smith advised that meetings have been held and that another meeting is scheduled to investigate different ways of creating new activity on the Mall. The Eugene Downtown Association, upon receipt of a preliminary report to them from the Mall Comrndttee, voted unanimously I against increasing other commercial acti vi ty on the Mall. The Comrndttee has Corom discussed providing more attractive surroundings - flower pots, etc. - to 8/29/73 encourage more cuI tural activi ty . They will continue their sessions until the File end of September. Comm N. Energy Conservation Measures - Councilwoman Beal felt the Council should throw 8/29/73 bouquets to EWEB for their efforts in promoting conservation of energy. File O. Fasano Decision Effect on Zone Change Issues in Which the Benefactor was a Campaign Contributor - Councilman Murray wondered about ,the responsibility of Comm the Council members in deciding issues in which a benefactor of a zone change 8/29/73 was a campaign contributor. City Attorney will address the issue. File P. Report by Fred Dyer, Manager of the Lane Transit District - Discussion had been held at the last Committee-of-the-Whole meeting regarding benches for people waiting for buses. The discussion created an interest in asking the Transi t District for an update. - Mr. Dyer reported that the Transit District is prepared to implement evening service -- ,- on September 17. He advised he has received many favorable comments regarding the I He expressed pleasure with the working '. progress the Transi t District has made. relationship the District has with the City. They are leading the nation in ridership increases and maintaining a high ridership level. With the launching of the : District's Phase 10 program, there will be an increase to a full-service transportation : system for the community, which will include route expansion and re-aligning some , ---- -''-- -. . 281 9/10/73 - 8 connecting systems based on research of transfer activity. The District has yet to assign bus stops. It was first necessary to test the system so that there might be some indication as to where bus stop signs should be placed along the lines, . transfer convenience being essential. A Federal grant allocation provides for eight transfer shelters, and this project should begin in the next six months. The wai ting station plan is based on four steps to be effected over a period of time: (1) Signs designating bus stops and boarding times; (2) Benches placed at the sign points; ~) (3) Covered waiting areas; (4) Shelters with extra comfort and conveniences such as radiant heat, phones, potential fire alarm and emergency system provisions, newspaper machines, garbage receptacles, and p!=rhaps neighborhood bulletin boards. Councilwoman Campbell expressed the opinion that the primary need is to provide as I many simple facili ties as possible to prevent people from having to wai t in the rain. Councilman Murray extended compliments to Mr. Dyer and the Transit District - the drivers are most friendly and courteous and the service'is dependable, efficient and convenient. He hoped some consideration could be given to providing adequate facilities in areas of the city where the senior citizen population is heavy. Councilwoman Beal expressed delight with the District's progress to date. Responding to Councilman Williams, Mr. Dyer said he expects the fare box revenue will decrease as revenues come from other sources. The interest seems to be going to a low-cost, highly available system. Funding sources may change also with federal and state funds increasing~ The Legislature isconsidering changing the consti tution to al-!.~!- gas tax funds to be used for public transportation. If successful, those funds would be available in 1975 and could further improve the system and diminish local tax responsibility. e Mayor Anderson advised that the physically handicapped have contacted him in regard to adapting the system for their use. Mr. Dyer announced that persons with 'limited mobility had been invited to attend the September board meeting of the District Comm to reinforce existing ideas or provide some new input. Design research and 8/29/73 I development is presently channeled to a door-to-door system for the physically File handicapped. Councilman Wood mentioned being aware of a limi t on parking stickers for Uni versi ty of Oregon students living near a bus line. Mr. Dyer advised there is quite a,lot of cooperation between the University and the Lane Transit District. Q. Report by Dave Hunt, Executive Director of the EU~€;ne Renewal Agency - Interest had previously been expressed in the City adopting demolition policies that would encourage the reuse of old building materials; the interest resulted from the demolition of buildings to provide for the new Federal office building. Renewal Agency Director Dave Hunt advised that the entire demolition process is really a dilemma for his agency. The biggest problem involved is Federal regulations governing wage rates, insurance, and liability. Federal people provide a guide form for demolition costing $2,000 and over. Seldom are deviations approved, because of the liability involved in salvaging materials. Once a property is turned over for demOlition, subcontractors '. are obligated to carry one-half million dollars liability. Salvaging is considered labor, and the State wage rates for labor start at $6.35, not including contractor overhead and costs. The Federal wage rate is $7.76 an hour. The Renewal Agency has tried to promote salvage efforts; for instance, they have a contract with the Count,y to allow the Historical Society to collect items from old buildings. They also allowed the Masonic Lodge to salvage some of the materials from their building. However, liability restrictions hamper opening up demolished buildings for pUblic sal vage.. Councilwoman Beal expressed interest in exploring ways in which more salvaging can be done, for ecological reasons and because of diminishing sites for land fill areas. Mr. Hunt advised Renewal Agency contractors have been using a dump site west of town. Some salvaging has occurred but the Agency is at a loss as to how to deal with some of the materials. Mrs. Beal wondered if there would be any way the Ci ty Councilor any other body could reinforce the Agency's interests and bring them to the attention of Federal authorities. Mr. Hunt mentioned the possibility of setting aside a dump site that could be used exclusively for salvagable materials. '..' di Councilman Williams stated he was under the impression that the Legislature could make provision for excluding the type of liabili ty involved wi th people voluntarily e salvaging materials from demolished buildings. It would be a thought for the 1975 legislature. Comm ~ Mayor Anderson advised that the matter could be put on a later agenda, particularly 8/29/73 wi th respect to the legislature. File --- --- - --- - - - 2~S 9/10/73 - 9 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 .'..'. Appeal from Decision of Sign Code Board of Appeals - Assistant City Manager advised'- ........ that the owner of the Washburne Building, 72 W. Broadway, was appealing the decision of the Sign Code Board of Appeals to deny the installation of a sign. The applicant - feels the request is for an integrated sign that ,can be part of the structure. He ! ,advised it would be proper to set a public hearing and suggested September 10. Richard Megenity of First National Bank, and representing Pacific University who owns the Washburne Building, requested the opportunity to comment, saying that small ; detailed signs are effective on the mall where people are strolling, not rushing by 'in cars. Councilman Williams rose to a point of order, saying that testimony should Comm be presented at a public hearing. ,8/29/73 Mr. Williams moved seconded by Mr. Wood that a public hearing be scheduled for Pub Hrng , September 10. MClE:i:c>n__'?,!!?:~ed unani~?~~ly. ._- '---.'. ,,-.. '- - ~_._-~--- I II - Ordinances Council Bill No. 341 - Rezoning to RA area on both sides of Echo Hollow Road between Concord Street and Knoop Avenue, read the first time on July 23, 1973 and held, lacking unanimous consent for second reading. The bill was brought back and read the second time by council bill number and title only, there being no councilman present requesting that it be read in full. Planning Commission discussed the rezoning with Council on August 20, 1973 and reaffirmed -- its recommendation of approval of RA zoning. David James, attorney representing Bill DeZeeuw, 2455 Frontier Driv.e, requested that the change not be made. He said consideration should be given to the future of the area be- fore rezoning on a piecemeal basis. Proper zones could always be handled later, he said, in a uniform plan for the entire area which takes traffic movement into consideration. I Manager suggested that if a vote is taken on final passage of the rezoning ordinance it would be appropriate to include adoption by reference of findings of fact as set forth in the Planning Commission minutes of June 5, 1973. Mrs. Beal moved seconded by Mr. Murray that the Council agree with the findings of fact as set forth in the Planning Commission minutes of June 5, 1973 and finds them supported by the evidence in the record, that the Council hereby adopt these findings by reference thereto, and that the council bill be approved and given final passage. Councilman McDonald indicated his intention to abstain from voting because he was not present at the joint meeting of the Council and Commission with regard to this issue. Manager said that ,since this motion is on final passage, unanimous consent is not required so negative vote would not affect action. .. Rollcall vote was taken on the motion as stated. Motion carried, Councilmen Beal, Murray, and Wood voting aye; Councilman Keller voting no; and Councilman McDonald abstaining, and the bill was declared passed and numbered 16918. Council Bill No. 383 - Authorizing condemnation for storm sewer easement between Oakway and Coburg, Oakmont and Oakway Terrace, was read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Manager explained that the City awarded a contract some time ago for construction of a storm sewer to drain the area west of Coburg Road south of Pioneer Pike Subdivision. Provision was made for the drain to run between properties on Oakway Terrace and Oakmont, closely skirting property on which a new house was recently constructed. Problems developed in excavation, and unstable soil conditions endanger the new structure. The most economical and least damaging solution appears to be to move alignment of the project north some 15 feet, going across the southerly edge of-Ms. Morgan's property. Contact has been made with Ms. Morgan a number of times but she does not want the line constructed on her property. Other alternatives have been explored such as retaining walls, etc., but there is the possibility that damage to the house wo~ld still occur. Staff people who have talked - to Ms. Morgan feel the easement will not damage or limit use of her property, but she re- mains uncanvinced. The project is to the point where it must proceed so approval of con- demnation is requested. Negotiation with Ms. Morgan will continue in an effort to gain her - permission, with the recognition that she will be paid. The Court will be asked for early entry on the property to allow the project to go ahead. In answer to questions from Councilman McDonald, Manager explained that the City's right-of- way agent has talked to Ms. Morgan several times. There are no improvements on the property, 2~7 9/10/73 - 11 I I and the line proposed will be large enough to maintain from within, so there is no prospect of hampering her use of the property in any way. He added that Ms. Morgan's concerns may be that the easement would cloud title to the property should she ever want to sell it, but the staff does not agree that it would hinder any sale. He continued that if any other settlement is reached, the condemnation procedure becomes moot. Mrs. Beal moved seconded by Mr. Wood that the bill be read the second time by council -- bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mrs. Beal moved seconded by Mr. Wood that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16919. Council Bill No. 384 - Calling hearing on October 23, 1973 re: Vacation of Center Way 483 feet! south from Martin Street, was read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Wood that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be con- sidered at this time. Motion carried unanimously and the bill was read the second i time by council bill number only. , I Beal moved seconded by Mr. Wood that the bill be approved and given final passage. i Mrs. i Rollcall vote. All councilmen present voting aye, the bill was declared passed and I .--e I numbered 16920. ! I IV - Resolutions I I I Resolution No. 2218 - Authorizing payment of bills, claims, and progress payments for the period August 27 through September 10, 1973 was submitted. Mrs. Beal moved seconded by Mr. Wood to adopt the resolution. Rollcall vote. All councilmen present voting aye, the motion carried. I Joint Meeting Planning Commission/Council re: Valley River Center Rezoning (Montgomery Ward) It was understood the meeting would be held Thursday, Septerriller 27, 1973, in the Council Chamber. Councilman Wood hoped some direction would be available for Council members with regard to the Fasano decision prior to consideration of any further zone changes. Proposed Willamette River Boat and Canoe Trip If City Council is interested, the Park and Recreation Department will arrange a boat and canoe trip from Springfield Bridge to Belt Line Bridge to give a perspective of the importance of the River to our citizens. It was understood the trip would be scheduled for a Saturday. Councilman Keller suggested that information on property ow~ership along the River be made ~. available before the trip. Mayor Anderson added a request for information on proposed loca- tion of bicycle paths. Parks Department Tour Hanager suggested a tour of LaurelHood Clubhouse, some other park development, and Bethell Danebo reneHal area by Council members on Wednesday, September 12, since committee meeting on that day has been cancelled. It Has understood the tour would start from the Manager's office at 11:30 a.m. Vote on Zone Changes Councilman Wood referred to his inquiry about Hhether Councilman McDonald should vote on the Valley River rezoning Hhen he was absent from the Council meeting at which testimony was pre- sented in public hearing. Mr. Wood said the question was raised as a matter of clarification on the vote because of the Fasano ruling; He apologized if it was taken in any other way. Councilman Murray asked if discussion on procedures under the Fasano ruling Hould be held at the September 19 committee meeting since the committee meeting for the 12th has been cancelled. He too hoped infot'mation would be available before further consideration of any zone changes now before the Council. Manager said there is still considerable disagreement at staff level on legal requirements and a desire for an operating procedure which is not any more cumbersome - than necessary. He added that a staff meeting is scheduled for theJ3th in this regard. / Public Service Announcement - Councilman McDonald cautioned against driving to the Coast be- cause of the gasoline shortage. He said service stations along the Coast were closed on Sunday; gas was nowhere available. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, September 24. 288 ~?;1~,-:? - " . 'J . cKinley, c.. y Manag:.. . - 9/1..{}/f. - 12