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HomeMy WebLinkAbout04/14/1986 Meeting (2) . e e M I NUT E S Eugene City Council Council Chamber Apri 1 14, 1986 7:30 p.m. PRESENT: Richard Hansen, Debra Ehrman, Emily Schue, Cynthia Wooten, Freeman Holmer, Ruth Bascom, Roger Rutan, Jeff Miller The regular meeting of the City Council of Eugene, Oregon, was called to order by His Honor Mayor Brian B. Obie. I. PUBLIC FORUM Mayor Obie said the public forum is an opportunity for citizens to bring issues to the attention of the council if the issues have not been scheduled for council consideration. No one wished to speak. II. POSTPONEMENT OF PUBLIC HEARING CONCERNING UNSAFE STRUCTURES AND BUILDING SERVICE AT 717 HIGHWAY 99 NORTH (memo distributed) City Manager Micheal Gleason said the appellant could not attend the hearing; therefore, Mr. Gleason recommended that the hearing be postponed. Mr. Hansen moved, seconded by Ms. Ehrman, to postpone the public hearing concerning unsafe structures and building service at 717 Highway 99 North to April 28, 1986. The motion carried unanimously, 8:0. III. PUBLIC HEARINGS A. Willamette Street Two-Way Conversion Between 11th and 20th Avenues (memo, background information distributed) City Manager Micheal Gleason introduced consideration of the conversion of Willamette Street to two-way traffic from 11th and 20th avenues. Nathan Duke of the Public Works Department gave the staff report. He said the Jefferson/ Far West and the West University refinement plans indicate that the conversion of Willamette Street to two-way traffic should be studied and the Downtown Plan indicates that Willamette should be converted to two-way traffic from 11th to 20th avenues. He said the Downtown Commission will fund the project with $30,000 of tax allocation funds. MINUTES--Eugene City Council April 14, 1986 Page 1 - e e Discussing the process for considering the proposal, Mr. Duke said staff presented the proposal to all property owners and occupants on Willamette Street between 11th and 20th avenues and held a pUblic meeting on February 19, 1986. He said the Downtown Commission and the Planning Commission held a joint public hearing on March 18, 1986, to receive testimony on the proposal. He said six major issues emerged. They concerned the traffic flow at 18th and Willamette; the potential for additional accidents; the loss of parking; the difficulties for pedestrians and bicyclists of crossing Willamette Street, particularly at 12th and 15th avenues; the possible increase in "gut" traffic; and the impact of the change on non-commercial uses from 18th to 24th avenues. Mr. Duke said the Planning Commission and the Downtown Commission recommended that Willamette Street be converted to two-way traffic between 11th and 13th avenues now and that the conversion of Willamette Street from 13th to 20th avenues be included in the Central Area Transportation Study. Mr. Duke described the study. He said the Downtown and Planning commissioners empha- sized the importance of Willamette Street which, they said, is to be the main street into the downtown. Mr. Duke said the councilors received copies of all the testimony submitted except a letter which was received this afternoon from Deborah Harrison of E. A. Mock and Sons, Inc., 211 West 6th. The letter indicated support for the conversion. Answering a question from Ms. Ehrman, Rich Weinman of the Development Depart- ment said the southern boundary of the area which the Downtown Commission represents is 13th Avenue. A. Dean OWens is a member of the Downtown Commission. He said he represented that commission and the Planning Commission. He said the commissioners addressed the concerns of people who will be affected by the change and, because there was very little opposition to the conversion from 11th to 13th avenues, the commissioners felt there was sufficient data to recommend approval of it. He said most of the commissioners indicated they would like to see the results of the Central Area Transportation Study before making a decision about the conversion from 13th to 20th avenues because of impacts at the southern end of the area. He said the compromise which resulted in the commissions' recommendation included a condition that a draft of the Central Area Transportation Study should be completed by October 1986 and a statement that emphasized that the commissioners want to re-establish Willamette Street as a major thoroughfare to downtown Eugene. Answering questions from Mr. Hansen, Mr. Owens said he thought the downtown commissioners will consider converting Wil1amette Street to two-way traffic from 13th to 20th avenues before they consider extending Willamette Street north from lOth Avenue. Mr. Duke added that two-way traffic from 11th to 13th avenues will enhance the traffic circulation downtown and create a gateway to the downtown from west Eugene. Mayor Obie said the council appreciated the work of the Downtown Commission and the Planning Commission. He said the testimony at the public hearing of the commissions was excellent. MINUTES--Eugene City Council April 14,1986 Page 2 e e e Mayor Obie opened the public hearing. Aaron Ellis, 1280 Willamette Street, favored the conversion from 11th to 20th avenues because it will bring business into the downtown, it will make maneuvering in the downtown easier, and it will make it easier for people to get to businesses on Willamette Street. He said his customers must drive several blocks on one-way streets to find a parking space near his business. George France, 1330 Willamette Street, represented France Photo and was concerned about parking. He said his business will not be able to remain in its present location if parking is reduced. He said two-way traffic will necessitate turnout lanes which will reduce the parking spaces, and there is no public parking in the area. He said, "We've been kind of kicked around through the changes in Eugene a couple of times now, and we are tired of moving. . .If the traffic and parking get messed up again, we will have to close. II He said he only stays open because he has employees. Teresa car~, 1936 Willamette, said she testified previously as a resident and a concerne parent, but this time she is testifying as a feature writer who specializes in economic development, small business, and national resource development and management. She said reviving downtowns as retail centers is an outmoded model. She said downtowns revive because they become financial centers and residential centers for people who want to be near cultural activities. She referred to comments of Lloyd LeBlanc. She said downtown people should stop using marketing methods popular in the 1950's. She did not think the quality of life of people who live 10 or 20 blocks away should be decreased because of deficiencies in downtown retailing that have nothing to do with traffic patterns. She said people will drive as far as Veneta to get goods and services that provide "real value for the dollar. II She said goods and services in the downtown should be a magnet for people with disposable income. James Gaderlund, 1937 Willamette, said he lives in the first owner-occupied residence south of the downtown. He said he is not convinced that a change from one-way to two-way traffic will have a positive impact on downtown business. He said experts have indicated that changes in downtown traffic will not significantly effect business. He read a statement of Lloyd LeBlanc that "nei ther the proposed reopening of Wi 11 amette Street to auto traffic through the mall, nor the possible return of two-way auto traffic on the street's entirety, are significant economic factors in the downtown's revitalization. II Mr. Gaderlund said the Southtowne shops, the Fifth Street Market, and Valley River Inn have traffic problems but are successful shopping areas. He said the downtown area has a good traffic flow, but downtown merchants seem to want to solve problems by spending money. He said he opposes the change to two-way traffic on Willamette Street near his residence, but he would give qualified support to the change from 11th to 13th Street if a marketing firm is hired to assess the impact of the change on downtown business. MINUTES--Eugene City Council April 14, 1986 Page 3 e e e Mr. Gader1und said he will suffer if the two-way traffic is extended to 20th Avenue. He said his parking will be reduced, it will be dangerous for him to get in and out of his driveway, and his children will not be able to cross the street. If he has to suffer, he said he would like it to be for a good reason, and he has not heard much testimony that supports the hope that the conversion will increase downtown business. Mr. Gader1und said he appreciated the staff's work and the consideration the downtown and planning commissioners gave to the testimony opposing the conver- sion. Sue Schreiber, 25 McDonald Court, represented the Bicycle Committee. She said the commlttee does not recommend approval of the conversion until the Central Area Transportation Study is completed and until solutions have been found to the bicycle and pedestrian crossing problems at 12th and 15th avenues. Sally Weston, 2595 Highland Drive, represented the League of Women Voters. She said the proposal does not provide adequately for pedestrian and bicycle crossings, particularly at 12th avenue. She said converting Wi11amette Street to two-way traffic from 11th to 13th avenues is better than converting it to two-way traffic all the way to 20th Avenue. She recommended a balanced transportation plan. Gail Newton, 1849 Wi11amette, said she has adequate parking for her building, but there is not enough parking for the Wiper Building at 19th Avenue and Wi11amette even with the existing on-street parking. She said people in that building use her parking lot. She said additional parking problems will be created if the on-street parking is removed for two-way traffic. Bob Burry, 6 West 17th Avenue, complimented the staff members who, he said, listened to comments from affected parties on several occasions and were courteous and helpful. He said he does not oppose the conversion, and supports making Willamette Street a corridor to the downtown, but he is concerned about the loss of parking and access and safety problems. He said the conversion from 11th to 13th is a workable compromise. Mr. Burry said neither the Jefferson nor the West University Neighbors had an opportunity to comment after the Downtown and Planning Commissions' public hearing, and it seemed the downtown commissioners had specific interests. He suggested the Planning Commission use the Jefferson and West University neighborhood organizations in an advisory capacity when the conversion from 13th to 20th avenues is considered. Laura Lardinois, 22 West 17th Avenue, said she often bikes downtown but, lilt is scary downtown.1I She prefers to go her shopping elsewhere. She said the downtown is accessible by automobile and there is sufficient parking; there- fore, she opposed the conversion to two-way traffic. Jerry Behney, 1744 Willamette, said loss of parking in front of his store would cut the walk-in traffic in half. He said he is concerned about the crossings at 15th and 16th avenues and the $80,000 to $100,000 cost of MINUTES--Eugene City Council April 14, 1986 Page 4 e e e reconstructing the 18th Avenue and Willamette Street intersection. He said it will also cost about $1 million to extend Willamette Street through the down- town mall. He suggested the money be spent to keep transients and released prisoners out of the downtown area. Mr. Behney said the Downtown Commission's proposal to spend $30,000 as far south as 18th Avenue may create a dead area where his business is. He asked the councilors to consider that area when they discuss extending the two-way traffic to 20th Avenue. He said the staff did an excellent job of presenting the proposal. There being no additional requests to testify, Mayor Obie closed the public hearing. Responding to the testimony, Mr. Duke said no loss of parking on Willamette Street near 13th Avenue is proposed. He said converting Willamette Street to two-way from 11th to 13th avenues will cost about $10,000. Answering a question from Ms. Ehrman, Mr. Duke said Willamette Street became one-way in the 1950s. Ms. Bascom said the bicycle crossing at 12th Avenue is a major one. She said traffic counts before and after the change to two-way traffic will be impor- tant in assessing the impact of the conversion. Traffic Engineer Mike Weishar said a traffic count at 12th Avenue the week of April 7th resulted in an average of 900 bikes a day. A one-day traffic count at 15th Avenue indicated 600 bicycles crossed there. He said there have been higher counts in previous years at those points, but it rained the week of April 7th. The counts were both manual ones and machine ones and were done from 7 a.m. to 9 a.m. and from noon to 6 p.m. Rich Weinman of the Development Department said the department received some designs for a bicycle crossing at 12th Avenue, but the costs were not estimated. Answering questions from Mr. Miller, Mr. Duke said the conversion from 11th to 13th will not remove any parking and may result in the addition of spaces on 11th Avenue. Responding to a question from Mr. Holmer, Mr. Weishar said there have been 47 vehicle, 11 bicycle, and 3 pedestrian accidents on Willamette Street from 11th to 20th in the last five years. On Tuesday, April 8, 133 pedestrians crossed Willamette Street at 12th Avenue in an eight hour period. Replying to questions from Mr. Hansen, Mr. Weishar said there is enough capacity at the 10th and Willamette and the 10th and Oak intersections even if the additional 1200 cars expected daily on Wil1amette Street from 13th to 10th avenues turn onto 10th Avenue. Answering questions from Ms. Ehrman, Mr. Weinman said tax allocation funds have been allotted for landscaping near the Eugene Clinic and the funds could be used for pedestrian crossings. He said Eugene Clinic officials submitted MINUTES--Eugene City Council April 14, 1986 Page 5 e written testimony in favor of the conversion. The only costs for the conver- sion from 11th to 13th avenues will be for parking changes on the east side of Willamette Street, some sign changes, and traffic signal changes at 11th Avenue. Beginning the council comments, Mr. Rutan said he supported the recommendation of the Planning Commission and the Downtown Commission. Ms. Ehrman said concerns about safety on Willamette Street were expressed at a neighborhood meeting she attended. She said she will support the compromise to convert the section from 11th to 13th avenues because it will have a mini- mal impact and a minimal cost and it can be reversed if it is not successful. She would like more information before the council considers the 13th to 20th section. She would like to know why Willamette Street became one-way, what the traffic counts and income from parking are for Willamette Street between 10th and 11th avenues, and whether there is enough capacity for turns at lOth avenue. She said many people want downtown to prosper, but the council must be sure the conversion to two-way traffic is the right way to accomplish that goal. She said the recommendations of the Downtown Commissioners affect many people outside of the downtown. Mr. Miller said an adequate crossing at 12th Avenue and signs which indicate the change for bicycle riders should be incorporated in the design when two- way traffic is implemented. Ms. Schue said the staff developed an excellent study of the proposed change which indicated that the effect of the change will extend farther south than expected. She said she is not sure that being able to drive north on Willamette Street will make people eager to shop downtown. She said most people will still have to use the Overpark. She said she will support the experiment from 11th to 13th avenues if the concerns for bicycle riders at 12th Avenue are addressed because the change will not cost much money, but she would like the information Ms. Ehrman requested before considering an exten- sion of the two-way traffic. She said more people can be moved on one-way streets than on two-way streets with the same number of lanes, so two-way traffic may increase congestion. She said she will accept the compromise because of the public effort to get it adopted. Ms. Bascom said two-way traffic on Willamette Street between 10th and 11th avenues has increased the downtown vitality, and she will support continuing the experiment from 11th to 13th. She said she is very concerned about the impact of the change on the bicycle system because 12th Avenue is an important route. She would like traffic counts and other information before making a decision about extending the two-way traffic. Ms. Wooten said she will support the conversion from 11th to 13th avenues with the understanding that provisions for bicycle riders and pedestrians will be made prior to the conversion. She would like an assessment of the conversion from 11th to 13th avenues included in the Central Area Transportation Study. She said she will not approve the conversion from 13th to 20th avenues or the opening from 10th to 8th avenues on the assumption that it will help downtown business. She would like proof that the conversion from 10th to 13th avenues ~ has increased business before considering other changes to Willamette Street. e MINUTES--Eugene City Council Apri 1 14, 1986 Page 6 e Mr. Holmer said the staff work and the testimony from the public about the conversion have been extremely good. He said councilors responded to concerns about the bicycle crossing at 12th Avenue and pedestrian crossings at 11th and 13th avenues. He emphasized that good traffic signals must be included in the implementation of the conversion. He will consider the information requested by other councilors before supporting an extension of the two-way traffic. Mr. Hansen said automobile traffic increases retail business. He said he will support the conversion because it is a step toward opening Willamette Street from 10th to 8th avenues. He said consultants have indicated it is the right thi ng to do. Res. No. 3970--A resolution establishing that the traffic flow on Willamette Street be changed from one-way to two-way between 11th and 13th avenues. Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the resolu- tion. Mr. Miller moved, seconded by Ms. Wooten, to amend the motion to include the following condition: Bicycle and pedestrian crossings shall be included in the con- version of Willamette Street to two-way traffic from 11th to 13th avenues. e Mr. Miller said most bicycle riders use the parking lot of First Christian Church instead of the bike route; consequently, the crossing at 12th Avenue could be a wild pattern if it is not planned properly. The amendment carried unanimously, 8:0. The main motion carried unanimously, 8:0. Mayor Obie said the recommendation of the Planning Commission and the Downtown Commission was accepted by the council. He said he supports opening Willamette Street to bring people from the south to the downtown. He supports the study of the conversion to 20th Avenue and a design that will mitigate the damage to businesses that will lose parking spaces. He said providing parking for businesses and residences is a private responsibility. It is not a public res pons ibi 1 i ty. B. Revisions to Solar Access Regulations (CE 84-4) (memo, background information distributed) City Manager Micheal Gleason introduced the discussion of the revisions to the solar access regulations. Mayor Obie emphasized that the council had two work sessions on the revisions, and will not take action on them tonight. e MINUTES--Eugene City Council April 14, 1986 Page 7 e e e Gary Chenkin of the Planning Department gave the staff report. He said the proposed regulations would protect solar access in existing developments, include revised clearer standards, and would protect solar access systems from new vegetation. He said letters dated April 14, 1986, from Camilla Pratt of the EWEB Board of Directors and from the Homebuilders Association of Lane County were received this evening and will be forwarded to the council. Mayor Obie opened the public hearing. Greg Shaver, 1225 Water Street, Springfield, is chairperson of the Springfield Planning Commission. He said Springfield adopted regulations similar to the proposed Eugene regulations, but some aspects of the Springfield regulations for subdivisions are more voluntary. He said the proposed revisions simplify the regulations. He said protecting solar access for south walls and roofs will save the community money now and in the future. Ted Elliott, 190 East 49th, is president of the Willamette Valley Solar Energy Association. He encouraged the council to approve the revisions which, he said, are flexible. He said the Planning Commission did an excellent job reviewing the regulations. He said he recently bought a home in south Eugene because it has solar access. He would like a guarantee that new vegetation will not negate an investment in solar systems. Jim Ellison, 1286 Piper Lane, is president of the Planning Commission. He said the conservation of energy is a long-term problem and the Planning Commissioners think that access to solar energy can be a partial solution. He said the commission held 12 meetings and found a balance between the right to solar access and the right to develop property. He said the proposed changes are comprehensive, they will simplify and clarify the existing regulations, and they will assist the community in conserving energy resources. Sally Weston, 2595 Highland Drive, represented the League of Women Voters. She submltted a memo dated April 14, 1986, to the Mayor and councilors from Mary Ann Rombach, president of the League of Women Voters. Ms. Weston said League concerns were addressed by the Planning Commission. She urged approval of the revisions. She said people need to know what they can count on. Mathew Northwa~, 500 East 4th Avenue, is Manager of the EWEB Conservation Center. He sald the EWEB Board of Commissioners support the revisions to the solar access provisions. He said EWEB established the Conservation Center in 1977 to help customers with energy conservation. He said the solar access protection provisions will aid EWEB's efforts to promote cost-effective energy conservation. He discussed the establishment of the Northwest Power Planning Council and its 20-year plan, Oregon's refusal to adopt the model conservation standards recommended by the Northwest Power Planning Council, and the possi- bility that EWEB customers will have to pay a $3.5 million surcharge annually unless an alternative plan to save energy is approved. He said the EWEB Super Good Cents program may be approved as an alternative plan and the proposed code changes could coordinate well with the Super Good Cents Program. He said the proposed changes will also help EWEB customers use a rebate program for solar water heaters. MINUTES--Eugene City Council April 14,1986 Page 8 e - e Fred Mallery, 2923 Riverview Street, said there are small fir trees south of hlS house which will block the solar access to his roof in 10 to 15 years. He urged approval of the revisions. Tom Scott, 732 West Sixth Avenue, owns Energeia. He said solar systems are becoming popular. He discussed the increase in his business since 1977. He said solar systems are expensive and people consider them long-term invest- ments. He said people will regain their investments if solar access can be maintained. He said people choose solar energy over other types when they have a choice. Jean Tate, 5008 Blanton Road, said she just started a construction company and is concerned about the restrictions in the proposed regulations. She said the trees in south Eugene are beautiful and she would not want developers to have to cut them down. She said Solar Heights is an excellent example of a solar subdivision. She hoped the council would authorize both solar and non-solar subdivisions. John Bennett, 1686 Pearl Street, represented the Home Builders Association of Lane County. He read his testimony and submitted it in writing. He said the Home Builders Association has emphasized energy efficiency and the use of solar energy, but solar construction serves only a specialized and limited clientele. He said the tax incentives for solar construction will probably be reduced. Mr. Bennett said controls and regulations on new construction affect costs and the perception of a locale's acceptability for new development. He said additional regulations such as the proposed ones should not be adopted unless they respond to specific emergencies or are needed to conform to other laws. He suggested the City develop a package of easy-to-use materials about solar energy and solar access protection for existing lots and structures and provide a solar access guarantee process for people who want it. Mr. Bennett said some developers in Eugene have wanted to cut down trees, but the code has restricted it. Now, the proposed changes seem to require cutting trees. He said developers think enforcement of the solar access protection regulations will be a problem and may cause conflicts among neighbors. Mr. Bennett said he hopes construction will increase this summer, but the lowest number of building permits since records have been kept in Lane County were issued in the first quarter of 1986. He said additional regulations will be a detriment to increased activity. Gail Newton, 1849 Willamette, represented the Eugene Board of Realtors which, she said, agrees with Mr. Bennett. She urged the councilors to approve optional solar access protection provisions rather than mandatory ones. Dan Platz, 23 Oakway Mall, said Mr. Bennett expressed his views. Mayor Obie closed the public hearing and then reopened it because a gentleman indicated he wished to speak. MINUTES--Eugene City Council April 14, 1986 Page 9 e - e John Kaufmann, 625 Marion Street, Salem, is a solar specialist with the Oregon Department of Energy. He read his testimony and then submitted it in writing. He urged approval of the proposed revisions. He said they do not require clear cutting, and they include exemptions. He said the design of many sub- divisions in the state integrate trees and solar access. He said voluntary compliance with solar access protection is not usually effective. Mr. Kaufmann said the energy costs of unshaded homes which are oriented to take advantage of solar energy are 25 to 30 percent less than shaded homes oriented differently. He said solar access protection preserves the oppor- tunity to use solar energy in the future. He said solar access protection can be provided at a cost of under $50 for each new home. He said none of the 20 Oregon cities which have solar access protection provisions have experienced problems with them. He said homes cannot be moved and subdivisions cannot be redesigned when the next energy crisis comes. There being no additional requests to testify, Mayor Obie closed the public hearing. Ms. Wooten said she would like to adopt the ordinance as soon as possible. Ms. Bascom said the testimony indicated some misunderstanding about the regulations concerning vegetation. She suggested the staff address the misunderstandings before the council has another work session. Mr. Hansen said he would like information about applying the solar access provisions to only some properties. Mayor Obie recessed the hearing at 9:12 p.m. and reconvened it about 10 mi nutes 1 a ter. C. Appeal of Sign Code Board of Appeal IS Decision Denying Sign Variance Request (Centennial Imports, Inc.) (memo, background information distributed) City Manager Micheal Gleason introduced consideration of the Sign Code Board of Appeals' decision. Barbara McDonald of the Public Works Department gave the staff report. She said the Sign Code Board of Appeals denied a request for a variance for Centennial Imports. Inc., which is in the Outlying Commercial Sign District. She reviewed the regulations for that district. Ms. McDonald said the sign for Centennial Imports identifies it as a Porsche- Audi dealership. Recently the owner purchased the BMW franchise and would like to mount a BMW sign under the existing sign. She said the addition would increase the sign area by 50 percent and the increase is not permitted in the sign district. She said the Sign Code Board of Appeals' denial was based on a lack of hardship, and the board members indicated that granting the variance would result in a special privilege inconsistent with the objectives of the sign code. She said the signs of surrounding businesses all conform to the sign code. She recommended that the councilors uphold the Sign Code Board of Appeals' decision. MINUTES--Eugene City Council April 14, 1986 Page 10 e e e Answering questions from Mr. Holmer and Ms. Bascom, Ms. McDonald said the Williams-Wilson Honda Dealership is also in the Outlying Commercial Sign District and all its signs comply with the code. She said the owner of Centennial Imports would probably have to buy a new sign if the variance is not granted and if the owner wants three names on the identification sign. Responding to a question from Mr. Hansen, Ms. McDonald said the BMW sign is 6 feet in diameter and has an area of 28 square feet. Mayor Obie opened the public hearing. Marv Nelson, 80 Centennial Loop, represented Centennial Imports, Inc. He said Centennlal Imports acquired the BMW dealership on February 1 and had to pur- chase the BMW sign displayed by the former dealer. He said it is important for people to see that Centennial Imports is the BMW dealer. He said the Williams-Wilson sign at the corner of Centennial Loop and Centennial Boulevard is mounted on the building and has a "greater presence" than the Centennial Imports free-standing sign. Mr. Nelson said the Porsche and Audi manufacturers forced the owner of Centennial Imports to change the company's sign in April 1985. The BMW manufacturer now wants the dealership to be identified on the sign. Mr. Nelson said Centennial Imports is the only retail business on Centennial Loop. He said it is a low-traffic area and people need to be able to identify the BMW dealer. He said the proposed sign would be attractive and would not set a precedent because other retail businesses probably will not locate on Centennial Loop. He said redesigning the existing 4 foot by 8 foot sign with three logos would be an unnecessary expense and would result in an unreadable sign. He said additional employees have been hired since BMW was purchased, the dealership hopes to grow, and the names of the cars sold needs to be di spl ayed. There being no additional requests to testify, Mayor Obie closed the public hearing. Answering questions from Ms. Ehrman and Ms. Bascom, Ms. McDonald said the new sign could be displayed in a window. She said the dealer would like to mount it between the two existing posts. Replying to a question from Ms. Schue, Ms. McDonald said the dealer indicated that denial of the variance would cause a hardship because the new sign could not be used. Mr. Hansen said he was surprised to see the lack of automobile dealership signs on Centennial Boulevard. He said denying the variance will create a hardship because the dealer will not be able to display the names of all the automobiles sold. He said product identification is important because the street curves. He favored approval of the request. MINUTES--Eugene City Council April 14, 1986 Page 11 Mr. Holmer commended Ms. McDonald and the Sign Code Board of Appeals for the action they took. However, he said the appeal should be sustained because a denial would create a hardship. Mr. Rutan said an unreasonable and unusual cost will be incurred if the dealer must purchase another sign to identify the franchise recently purchased. He said no other location can be compared to the Centennial Loop area, and an exceptional and unusual circumstance has been created because the other busi- nesses on Centennial Loop are offices. He said the sign code should be uniformly enforced, but there are exceptions to it. He said approval of the request will have little effect on surrounding businesses because the new sign will be incorporated into the framework of the existing sign. He said denial of the request will put an additional burden on the dealership. He urged other councilors to uphold the appeal. Ms. Ehrman said she is concerned about the precedent approval of the appeal will set, and approval probably will result in other similar requests. She said the hardship indicated is that the dealer will be unable to use a sign in a specific way, but the sign could be hung inside the building where people going by could see it. She said people look up the location of automobile dealers in the telephone book, and the kinds of cars sold by Centennial Imports probably are listed there. Ms. Schue agreed with Ms. Ehrman. Ms. Schue said rules should be followed. She did not think a valid hardship had been demonstrated. She wondered what the council will decide when the Williams-Wilson dealer asks for a variance from the Sign Code if the Centennial Imports request is approved. She said Centennial Imports sells specialized products and is not in a very visible location. Apparently, the owner expects customers to seek out the dealer- ship. She will vote to deny the appeal. Mr. Hansen moved, seconded by Ms. Ehrman, to uphold the appeal of the Sign Code Board of Appealsl denial of a sign variance for Centennial Imports, Inc. Roll call vote; the motion carried, 5:3, with Councilors Hansen, Holmer, Rutan, Miller, and Bascom voting aye and Councilors Schue, Wooten, and Ehrman voting nay. Mayor Obie said the council action permits a Sign Code variance to be granted to Centennial Imports, Inc. D. Spay/Neuter Clinic Surgery Fees Adjustment (memo, background information distributed) City Manager Micheal Gleason introduced consideration of an adjustment to Spay/Neuter Clinic Surgery Fees. City Recorder Karen Goldman gave the staff report. She said Spay/Neuter Clinic officials would like to raise surgery fees for dogs and cats and base the fees for dogs on the weight of the dogs. She said other clinics base fees on weight. She said surgery costs at the clinic have not been increased since 1980 even though associated costs have increased. She said more surgery supplies and more surgeon's time are needed to operate on heavy dogs than are needed for small dogs. She said the Clinic will recover more surgery costs with the new fees, but it will remain a low- e cost facility. e e MINUTES--Eugene City Council April 14,1986 Page 12 e e e Answering questions from Ms. Wooten, Ms. Goldman said 60 percent of the female dogs spayed at the Clinic weigh between 25 and 75 pounds and the cost of spay- ing them will increase from $25 to $30. She said she anticipates a reduction in operations done at the clinic because of the fee increases, but she does not know what the reduction will be. Mayor Obie opened the public hearing. There being no requests to testify, he closed the public hearing. Mr. Hansen moved, seconded by Ms. Ehrman, to adopt the increased fees for the Spay/Neuter Clinic as presented to the council. Roll call vote; the motion carried unanimously, 8:0. IV. TRANSFER OF CONTROL OF GROUP W CABLE (memo; background information distributed) City Manager Micheal Gleason introduced consideration of the transfer of control of Group W Cable. City Attorney John Arnold gave the staff report. He said Group W Cable is selling its stock to a consortium of cable companies. The franchise agreement indicates that Eugene, Springfield, and Lane County must consent to such a transfer. He said the Metropolitan Cable Television Commission reviewed the transfer and recommended approval of it. Answering a question from Mr. Holmer, Mr. Hansen, a member of the Metropolitan Cable Television Commission, said the commissioners received adequate informa- tion about the consortium. He said one of the corporations in the original presentation of the consortium was not acceptable to the commission; conse- quently, the consortium was restructured. He said the financial advisor of the commission and A. Keith Martin, City Attorney, determined that the consor- tium is properly funded, and the Metropolitan Cable Television Commission unanimously recommended approval of the transfer. Mr. Holmer said he will rely on the recommendation of the commission, but he would have appreciated more explicit information about the fiscal condition of the consortium because the transfer involves very valuable rights. Mayor Obie agreed with Mr. Holmer. Mayor Obie also would have liked more explicit information. Mr. Hansen moved, seconded by Ms. Ehrman, to approve the Consent to Transfer the cable franchise from Group W Cable to the TCI Holdings, Inc., and TCI Development Corporation. Roll call vote; the motion carried unanimously, 8:0. V. ROUTINE ITEMS FOR COUNCIL APPROVAL A. City Council Meeting Minutes of: dinner/work sessions of January 21, 1986; and February 3, 1986; process session of February 17, 1986; meeting of February 19, 1986; dinner/work session of February 25, 1986; joint meeting of February 26, 1986; and dinner/work session of March 13, 1986; (minutes distributed) MINUTES--Eugene City Council Apri 1 14, 1986 Page 13 . Mr. Hansen moved, seconded by Ms. Ehrman, to approve the minutes of January 21, 1986; February 3, 1986; February 17, 1986; February 19, 1986; February 25, 1986; February 26, 1986; and March 13, 1986. Roll call vote; the motion carried unanimously, 8:0. B. Segregation of Assessment for Property Located Southeast of Hawkins Lane; Applicant: Thomas Kerr (SE 85-3) Mr. Hansen moved, seconded by Ms. Ehrman, to approve the segregation of assessment as noted. Roll call vote; the motion carried unanimously, 8:0. C. Mayor's Proclamation of March 25, 1986, Election Results Mayor Obie read the following proclamation: At a special City election duly and regularly held within the territo- rial limits and boundaries of the City of Eugene concurrently with the special election conducted by the Lane County Election Department on March 25, 1986, the electors of the City of Eugene voted on the following City Measure: Measure 51: "Authorizes $25,000,000 Revenue Bonds or Debt for EWEB Util ity Improvements." e I have canvassed the election returns for said special election and the abstract shows the results of the City election as follows: Total Vote Yes for Measure No. 51, Authorizes $25,000,000 Revenue Bonds or Other Debt for EWEB Utility Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11,721 Total Vote No Against Measure No. 51, Authorizes $25,000,000 Revenue Bonds or Other Debt for EWEB Utility Improvet11ents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,401 e Overvotes................ 39 Undervotes............... 1,287 I hereby proclaim and declare as follows: That Measure No. 51, Authorizes $25,000,000 Revenue Bonds or Other Debt for EWEB Utility Improvement was passed. D. Appointments: Human Rights Commissions (memo distributed) Answering a question from Ms. Wooten, Mayor Obie said the people nominated have served as alternates on the respective commissioners. He said the Human Rights Commissions recommended approval of the nominations. MINUTES--Eugene City Council April 14, 1986 Page 14 . e , Mr. Hansen moved, seconded by Ms. Ehrman, to approve the following subcommittee nominations to the appropriate commissions: Commission on the Rights of the Aging Melinda Edwards, 1080 Cannon Court .... Term to expire: 1/88 (replacing Bessie Campbell) Commission on the Rights of Persons with Disabilities Susan Stoner, 2166 Lamar Road ......... Term to Expire: 1/89 (Replacing Gigi Aaron) Commission on the Rights of Minorities Frank Mills, 3380 Buckingham Avenue ... Term to Expire: 1/87 Roll call vote; the motion unanimously, 8:0. Mayor Obie adjourned the meeting at 9:50 p.m. to April 16, 1986. Ro/~ Micheal Gleason Ci ty Manager (Recorded by Betty Lou Rarick) BLR:ch/EA83 MINUTES--Eugene City Council Apri 1 14, 1986 Page 15