HomeMy WebLinkAbout03/17/1986 Meeting
M I NUT E S
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City Council Dinner Work Session
Eugene Conference Center--Bloch Room
March 17, 1986
5:30 p.m.
PRESENT: Brian Obie, Mayor; Richard Hansen, Ruth Bascom, Emily Schue, Freeman
Holmer, Roger Rutan, Debra Ehrman, Jeff Miller, Cynthia Wooten,
councilors; Larry Reed, Susan Brody, Barbara McDonald, Chris
Andersen, Kirk McKinley, Jim Croteau, Dave Whitlow, Jim Ellison,
Barb Bellamy, staff; Harry Estepe, The Register-Guard.
I. SIGN CODE UPDATE
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Mr. Croteau reported that the Sign Code update began in the summer of 1985,
following the council's consideration of an appeal from the Goodpasture Island
dealerships. The Sign Code was adopted in 1970 and has had no major update or
comprehensive study since that time. The Citizen Participation process was
begun in the summer as well. The committee identified a list of interested
parties who were contacted for input. Mr. Croteau listed those as:
A. Chamber of Commerce. A presentation was made but the body decided
not to take an official position, and to remain neutral.
B. Local architects and developers.
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C. Local and regional sign companies.
D. League of Women Voters.
E. Commission on the Rights of Persons with Disabilities.
F. Downtown Commission. They were most interested in Sign Code
amendments which affected the downtown area.
G. Planning Commission. A recommendation from them is included in
materials given to the council. Jim Ellison from the Planning
Commission was available to answer questions.
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Mr. Croteau introduced the 11 major issues identified by the staff, the
Chamber of Commerce, the Planning Commission, and the public. He reported
that a public hearing was held in October, followed by three work sessions.
Approval of the Sign Code changes was recommended by the Planning Commission
to the City Council in January.
Mr. Croteau identified the first major change as an update of the purpose and
description sections of the various sign districts. The traffic speeds and
road classifications have been removed. Replacing these, the code includes a
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designation from the Metro Plan Diagram where these sign districts occur.
The purpose and description section was also changed to allow the Goodpasture
Island dealerships to apply for the Highway-Oriented sign district.
The second major issue identified by Mr. Croteau is the streamlining of the
Sign Code variance process, with a maximum time period allowed for a decision
of 30 days. Decisions appealed from the Building Official would still be
heard by the Sign Code Board of Appeals. Also, the City Council is removed
from the Sign Code variance process.
Mr. Rutan said that he had mixed emotions about this change: that in one way
it made good sense, but he wondered if people would feel they would be treated
fairly through the Sign Code Board of Appeals. Mr. Croteau responded that the
removal of the zoning variance process from the City Council has worked well.
He explained that if the Sign Code Board of Appeals feels that the Sign Code
needs changing, it can recommend the initiation of a code amendment, and the
City Council would have the final decision-making authority.
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Mr. Hansen was also uncomfortable with the change and suggested that there be
an appeal process which the City Council could choose to be involved in if it
wished to do so. He believes that it is going too far when the elected
officials have no final say. Ms. Bascom expressed a similar concern and
believed that revisions in the code would be difficult to address if the
council was not involved in the process. In response to Mr. Miller's
question, Mr. Croteau said that when the council considers an appeal, the
decision is based on the policy in place at that time; the current process
does not allow variance or change of the policy at the same time. In the new
process, the Sign Code Board of Appeals would do this in place of the City
Council .
Mr. Croteau continued reviewing the 11 major issues identified in the staff
notes, beginning with number three in the staff report.
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3. Integrated Shopping Sign District
Under the current code, each shopping district is allowed one overall
identification sign. The change would allow one identity sign per street
frontage. Mr. Hansen asked if the individual signs (on Coburg Road) would
remain attached to the identity sign, and Ms. McDonald said that this was the
Outlying Commercial district where they are allowed; in Integrated Shopping
districts they are not allowed (for example, Valley River Center, Oakway, and
Southtowne). Mr. Hansen asked if ownership of land had a bearing on the
number of signs. Ms. McDonald explained that entrances and traffic patterns
determined whether there was an Integrated Shopping district. Mr. Croteau
said that if a piece of property was not a part of the integrated group, then
another identity sign would be allowed. The proposed change, he further
explained, would not further expand or liberalize the existing code, but only
allow the same kind of identity sign on each street frontage. Mr. Hansen
asked if using the same rules for Outlying Commercial districts and Integrated
Shopping districts had been considered. Mr. Croteau said this would be
difficult because each business develops as a separate entity with its own
parking areas and frontage; a sign is allowed for each business on its
frontage. In an Integrated Shopping district, each business is allowed a wall
Sign, but not an individual sign on the street frontage.
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4. Pedestrian Auto Sign District
Mr. Croteau said that there was more public testimony received regarding this
change than any other. The district covers two areas: the downtown area
including the mall, and 13th Avenue between Kincaid and Alder. The provisions
proposed allow one sandwich board for each business having street or mall
frontage; there are standards for size and specifications. The Downtown
Commission requested the change to allow more flexibility in signing in the
downtown area. Mr. Hansen asked if this applied to public or private
property. Mr. Croteau said that if they were in public right-of-way, the
portable signs would also require a mall permit; if on private property, only
a sign permit would be required. Ms. Bascom asked if sandwich boards were
new, and Mr. Croteau said that they are not permitted under the present code,
only tolerated. The City has not enforced the existing provisions until the
new code provisions are considered. Some discussion was held regarding the
allowable size for sandwich boards, and Mr. Croteau said that the rights of
the disabled were a major concern of the Planning Commission in specifying the
height and width of the signs. The signs must be within ten feet of the
business entrance. He also recommends that administrative guidelines be
included in the code to allow the City staff to address the concerns of the
disabled community.
Ms. Ehrman asked how the provision for sandwich boards fit in with the
ordinance in the University area. Ms. Brody replied that sandwich boards
would be allowed only in the mall, not in the University area. Mr. Hansen
asked why they should be allowed at all. Mr. Croteau answered that the
Downtown Commission was very interested in their use, and they are currently
used in the mall. Mr. Reed said that the City used to enforce the ordinance
disallowing A-frame signs strictly, but when the Sign Code study began, it had
tolerated them on the mall. Ms. Ehrman asked if, when the Sign Code
provisions are approved, there will be at least an initial strict enforcement
of the ordinance. Mr. Croteau replied that the City proposes to do a blanket
notice on 13th Avenue businesses, an initial notice to those businesses who
are violating the code now, placing newspaper ads, and providing all affected
businesses with information about the provisions in order to comply within a
certain time period. Mr. Ellison added that enforcement is one of the chief
concerns: the proposal includes reduction of the time required to remove the
sign or file a compliance report.
Ms. Wooten asked why sandwich boards were being regulated in the University
district, and Mr. Ellison said that the public testimony both endorsed and
criticized them. Ms. Wooten could find no objection to the signs, nor did she
believe them to be hazardous. Mr. Hansen questioned why it was all right to
use sandwich boards on public land downtown, but not in other places.
Mr. Croteau replied that sandwich boards are oriented toward people seeing
them as pedestrians, not from cars. If they were allowed in all shopping
centers, he believed they would cause considerable visual impact in the
community. Ms. Brody added that the council could allow the boards in the
University area if they agreed to do so.
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The Pedestrian Auto district provisions, according to Mr. Croteau, would allow
unlimited use of flags, banners. and other attention-getting devices,
including searchlights in the downtown district. Ms. Ehrman asked if there
were restrictions on how long these devices could be displayed, and
Mr. Croteau said no. These would also be allowed on 13th Avenue.
Restrictions could be added to the provisions. Ms. Wooten questioned why
searchlights would be allowed on the mall and who initiated the change.
Mr. Croteau said that the Downtown Commission endorsed the provisions.
Mr. Hansen questioned why the downtown area could use searchlights, but not
Outlying Commercial districts. Mr. Obie asked what the boundaries are of the
Pedestrian Auto Sign district: Mr. Croteau identified 13th Avenue north to
5th, east to High, and west to Charnelton. He also said that all other
existing regulations stay the same.
5. Provision of Outdoor Merchandising
The Planning Commission recommends that there be a reference in the Sign Code
that outdoor merchandising is regulated in the zoning ordinances. In response
to Ms. Wooten's question. Mr. Croteau said that the ordinance applies to
permanent, not temporary, displays.
6. Signing for Businesses Adjacent to Interstate or Limited Access
Highways
Mr. Croteau cited Delta Village as an example. The provision would allow an
identity sign on the Beltline and Delta Highway frontage. Ms. Wooten recalled
that the City Council disapproved this sign at a past meeting, and Mr. Obie
clarified that the City Council was prohibited from allowing a Sign Code
variance. Mr. Croteau also clarified that this would be a wall-mounted sign.
Mr. Miller asked about highway identity signs for businesses, and Mr. Croteau
said that these were very restricted.
7. Bus Stop Waiting Area Advertisement
Mr. Croteau said that this kind of sign is limited to the upright area of the
bench on the inside back of the bench and that it must be in an approved
location and endorsed by the LTD. The idea was initiated by a citizen and
supported by LTD.
8. Allowance of Banners for Community Events
These are already allowed; the new provisions increase the allowable size from
100 to 200 square feet and allow sponsor identification on 25 percent of the
banner area. They can be posted from 21 to 30 days prior to an event. Both
Mr. Miller and Ms. Wooten questioned why 30 days was needed for prior
advertising. Mr. Hansen questioned the definition of banner, and Mr. Croteau
said that it would be fabric or flexible material. Mr. Rutan asked if any
other provisions for banners had been changed, and Mr. Croteau said only in a
Pedestrian Auto district.
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9. Sign Code Enforcement Process
The Planning Commission suggested the change because the current enforcement
process is long and cumbersome and does not result in equitable treatment of
businesses. The two provisions suggested are: 1) removal of signs on public
property which allows signs to be removed, the owners notified, and due
process followed; and 2} enforcement on private property allows for shortening
the process with one inspection of the site, creation of a ten-day notice for
compliance (to either remove the violation or submit a compliance plan). If
the plan is accepted by the Building Official, then it is filed in Municipal
Court; if not adhered to, the violator could be found in contempt of court.
Ms. Ehrman asked how people would be notified upon confiscation. Mr. Croteau
said notice would be sent to the owner. Ms. Bascom asked if there were many
complaints and if confiscation was necessary. Under the present code,
according to Mr. Croteau, signs cannot be confiscated by the City. Ms. Wooten
believed confiscation to be over-regulation and petty; she suggested that the
sign be given to the owner of the business. Mr. Ellison believed the
enforcement to be the key to having the ordinance. Ms. Schue wondered why the
sign could not be handed to the owner with a notice of the regulations and
avoid complicity with the court system. Mr. Hansen disagreed and believed
enforcement had to be strict or the signs would simply reappear. Ms. Ehrman
objected to the use of the Municipal Court. Ms. Bascom believed the court
order was an excessive judgment for a sandwich board violation. Mr. Miller
suggested giving tickets. Mr. Croteau replied that without an effective
enforcement system, the City cannot enforce the Sign Code.
10. Goodpasture Island Automobile Dealerships
The proposal allows the dealerships to be re-designated to the Highway
Oriented district, which would allow them additional sign height and the
ability to apply for some variances. Mr. Obie pointed out that the proposal
does not assume that the dealerships have reached an accord with the City.
Mr. Croteau agreed that in order to reach accord, the City would need to agree
to their 39- to 44-foot signs. The proposal allows 30-foot-high signs; this
is the maximum height allowed in the code. In reply to Ms. Bascom's question,
Mr. Croteau said that the dealerships may seek a sign variance also.
Mr. Obie gave instructions for the City Council meeting and public hearing.
II. CAPITAL IMPROVEMENT PROGRAM
Mr. Whitlow reported that, in preparation for the public hearing tonight, the
Planning Commission had forwarded recommendations. Copies of the fiscal year
1986-1987 through 1995-1996 draft of the City of Eugene Capital Improvement
Program were distributed.
Mr. McKinley reviewed the background of the ten-year document. Almost all the
projects are adopted from neighborhood and business requests, and so on. The
projects for the first three years are possible to fund from existing
revenues. The Citizen Involvement Committee recommended adding a page to the
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CIP which could assist the community in understanding the CIP process. That
has been added. The funding for the first three years' projects from the
general fund are based on a revenue strategy which includes increasing user
fees and an incremental transfer of delinquent property taxes to the CIP. The
first year has $1,593,000; the second year, $2.7 million; and the third, $3
million.
Most of the projects during the first years are designated urgent and
non-postponable, concerning safety, liability, and items which would result in
deterioration or increased cost if not done: others include those projects
which, if done, would reduce operating costs. A few are projects which, if
not done, would not be able to done later because of a lost opportunity or the
potential to share funds.
Mr. McKinley outlined the Planning Commission recommendations:
1. Addition on the Glenwood Sewer Project.
2. Make some changes in the River Road/Santa Clara Sewer System Project.
(The details for these two items are included in the addendum dated
February 24, 1986, in the council packets.)
3. Clarify the third paragraph in the introduction to make sure it is
understood that when talking about urgent and non-postponable
projects, we are talking about general fund.
4. Strongly suggested that the funding predicament needs to be
addressed throughout the document, especially the introduction.
5. Examine more closely the operating costs in conjunction with
projects, including better operating cost figures in the document.
Mr. Whitlow emphasized that the CIP document distributed to the council
reflects the original figures for the CIP, not the increased number
($2.3 million) agreed to in the discussion process by the City Council. This
document was prepared before the higher level was set. Another tier will be
added to include the higher amount by the time the proposed budget is
presented to the council.
Mr. McKinley identified the major issues in the CIP document:
1. Hu1t Center Projects
The question has been asked as to why the projects listed are urgent and
non-postponable. His answer was three-fold: a} the Hult was never completed
as originally proposed and some of the CIP projects are completions; b} other
projects address operating problems which have been identified; and c) if we
get the Hult facility more user-friendly, more noticeable, and more
recognizable from the street, it is likely that attendance and use will
increase and that the Hult will generate more revenue.
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2. Gilham Road Project
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Public testimony has been received from the residents as well as a petition
signed by 94 people to support the Gilham Road Project in the first fiscal
year.
3. 13th and Monroe Traffic Signal
Public testimony has been received from the neighborhood in support of this
project, urging its completion as soon as possible.
4. Bethel Drive Project
The Bethel Triangle Neighborhood recommends moving up the Bethel Drive
project, which is in the seven-year category now. This is a $2 million
project which the residents would like to be completed. Part of the problem
for the City is that Southern Pacific cannot be assessed: they own half of
the property next to the road, and they are not in the city boundaries.
5. Dillard Road
6. Bike Paths
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Some questions and comments were received as to why they are not included in
the CIP. The Bikeway allocation is down from what it was.
7. Park Bonds Project
This is in the seven-year period and includes $14 million to implement the
first phase of the Parks Master Plan. It also includes a $3 million parkland
open space acquisition bond.
8. Street Light Funding
It has been noted through testimony that the funding for street lights is down
from previous fiscal years. The staff does not list this under urgent and
non-postponable.
Mayor Obie asked for discussion. Ms. Wooten asked for justification of the
Hult projects under the urgent and non-postponable category. Mr. Whitlow
replied that the entrance tiles are slippery and have generated two lawsuits
and must be replaced with carpets. This is a very high-priority project. The
lighting in the Soreng Theater is also related to safety: it is too dark and
unsafe. The ticket office renovation is part of the original plan and is a
completion item.
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Ms. Bascom pointed out that the largest item is heating for the Silva stage.
There is no heat, and this is a serious problem for every entertainer for over
six months of the year. The other large items are storage area for scenery
and the marquee. She felt these items were very important and that some
private money would be available. Mr. Whitlow expressed hope that the Eugene
Arts Foundation would assist with these projects. There was some discussion
regarding signing and a reference made to the subcommittee's decision about
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a sign last year. Ms. Ehrman asked about the storage area, and both
Ms. Bascom and Mr. Obie asked for more clarification as to its use and by
whom. Ms. Ehrman asked specifically whether the arts organizations used the
area and whether they paid for the use of the area.
Ms. Ehrman referred to pages 109 and 43 concerning awnings and rain covers and
questioned whether the City was responsible for these. Mr. Whitlow said that
this was the recommendation of the Downtown Commission.
Mr. Obie asked Mr. Ellison what recommendation the Planning Commission made
regarding the Hult projects. Mr. Ellison replied that the discussion was
generated from the criteria of urgent and non-postponable and that it was
questioned that the Hult projects may not be under the criteria.
Mr. Hansen asked whether more dollars could be allocated to Public Works road
projects. Mr. Whitlow explained that the CIP has provided a very aggressive
program for road improvement, doubling the expenditures in order to stay
even. This is a major change from prior years (he referred to page 80 of the
document).
Ms. Bascom asked if Hilyard Street from 11th to 18th avenues was included in
the CIP, and it was determined that no, it is not.
Mr. Obie questioned why the number one objective of the City, the Airport
Expansion Project, was totally ignored in the CIP general fund document and
what kind of rationale the City staff has for such an omission. Mr. Whitlow
replied that the City staff was looking toward regionally based funding for
the airport. Mr. Obie said that there is, as yet, no money found or allocated
for the City contribution to the Airport Project.
Mr. Whitlow said that the staff would like the City Council to adopt the CIP
before adoption of the budget. Ms. Wooten asked how many citizens,
neighborhoods, and organizations have provided input to the budget process.
Mr. McKinley replied that, in the past, the document has been printed in
November and December and circulated widely; because of the income tax
measure, there had been a delay in releasing the document, and, therefore, the
process has been speeded up. It has been distributed to neighborhood leaders,
but presentations have not been made at neighborhood meetings. Ms. Wooten was
uncomfortable that so little information had been shared with the citizens.
Ms. Schue agreed.
The meeting was adjourned at 7:15 p.m.
(Recorded by Judy Jernberg)
JJ:pv/20l0C
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