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HomeMy WebLinkAbout05/14/1990 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--Eugene City Hall May 14, 1990 7:30 p.m. COUNCILORS PRESENT: Emily Schue, Ruth Bascom, Shawn Boles, Debra Ehrman, Freeman Holmer, Roger Rutan. COUNCILORS ABSENT: Robert Bennett, Bobby Green. The adjourned Eugene City Council meeting of May 9, 1990, was called to order by His Honor Mayor Jeff Miller. I. RECOGNITION OF CAMPBEll SENIOR CENTER FUND-RAISING COMMITTEE Mayor Miller recognized volunteers who have raised funds for the renovation and expansion of Celeste Campbell Senior Center. He invited councilors to a building campaign party on May 22 at 4:30 p.m. at the center. Mayor Miller presented plaques to nine members of the fund-raising committee. II. PUBLIC FORUM Mayor Miller explained that the public forum allows citizens the opportunity to express opinions and to provide information to the council. He requested that testimony presented during this segment be on City-related items and not on items which are on present or pending agendas. Reverend Marguerite Scroggie, PO Box 10091, asked the City to lower flags as part of the AIDS memorial vigil on May 19 and 20. III. CONSENT CALENDAR A. Approval of City Council Minutes of February 12, 26, and 28; March 12; and April 9 and 11, 1990 B. Call for Public Hearing--Initiation of Street Vacation (Emerald Valley Development--SV 90-1) C. Approval of findings and recommendations of Hearings Official and Approval of Improvement Project (Sanitary Sewers in Kingsley Road) MINUTES--Eugene City Council May 14, 1990 Page 1 e D. Approval of findings and recommendations of Hearings Official and Approval of Improvement Project (Sanitary Sewers in Byron Avenue) Ms. Schue moved, seconded by Mr. Holmer, to approve the items on the City Council Consent Calendar. Roll call vote; the motion carried unanimously, 6:0. IV. PUBLIC HEARING: SIGN CODE ORDINANCE REVISIONS City Manager Mike Gleason introduced the topic. Gary Chenkin, Planning and Development Department, gave the staff report. On June 27, 1988, the council adopted an interim sign code. At that time, the council also directed staff and the Planning Commission to prepare a revised, permanent sign code. The comprehensive, updated draft code before the council was the result of a thorough and lengthy process that included public forums and several Planning Commission public hearings and work sessions. The two items that have drawn the most attention have to do with billboards and their spacing and reduction in size; and the removal or amortization of signs. e Planning Commissioner Nancy Nathanson reported that the Planning Commission considers the proposed ordinance a balanced, compromise proposal that simplifies the Sign Code and makes it easier to apply, allows more flexibility, is fair to business, and demonstrates regard for community appearance. She strongly recommended council adoption of the proposal. Responding to Mr. Rutan's request for clarification of the council's initial direction to the Planning Commission, Ms. Nathanson reported that a May 10, 1989, project description prepared by the lane Council of Governments and the City's Building Division described the revision of the Sign Code as being to clarify, update in light of State court requirements and new technology, and streamline regulations and permit processes. Mr. Rutan asked staff to provide more specific information on the council's direction to staff. Referring to the recent issue of tree-cutting within the urban growth boundary, Ms. Ehrman stressed the importance of coordination between the City and County. Mr. Chenkin informed the council that if the revised code is adopted, it will become part of the City's zoning ordinance and then will be adopted by the County according to the urban transition agreement. Mayor Miller opened the public hearing. Gerald McDonnell, 2672 Baker Boulevard, identified himself as an architect and spoke in support of the proposed Sign Code revision. He considered the inclusion of the Sign Code in the zoning ordinance appropriate and applauded the language of the proposed amendments for being comprehensible as well as comprehensive. Mr. McDonnell said the reduction of billboard clutter and e MINUTES--Eugene City Council May 14, 1990 Page 2 e e e restriction of sign size according to site and building size would enhance the community's visual appearance. Penny Anderson, 81 West 14th Avenue, spoke on behalf of the league of Women Voters, which supports the proposed ordinance. She distributed a letter from the league. Ms. Anderson suggested requiring compliance within 10 years instead of the proposed 15, and reducing the allowed billboard maximum to 900 square feet in anyone-half mile instead of 1,300 square feet. Doug McKay, 2380 Oakmont Way, supported parts of the ordinance as a compromise proposal, but objected to others. He suggested that it would discriminate against large properties. He requested a change in Section 9.1016(2) because, for example, the tenant who will replace the Albertson's store at Oakway will not be allowed to add signage of any type until all signs on the 25-acre property conform, which he considered unreasonable and unfair. Bert Streeter, 619 "E" Street, Springfield, represented Obie Outdoor Advertising and distributed a letter from company president Brian Obie. He requested that the industry be allowed to meet to develop a recommendation concerning billboard controls before the council takes action. Jonathan Stafford, 1060 Madison Street, said the proposed revisions are moving toward preservation and enhancement of the quality of life in Eugene but fail to adequately control larger signs. He asked councilors to consider whether Eugene would be better served if no signs larger than 100 square feet were allowed. Jim Torrey, 2545 Chuckanut Street, opposed the proposed code's use of amortization and asked for consideration of a different and more appropriate means of compensation. He did not believe the Planning Commission gave sufficient credence to the billboard industry's input and asked that action be delayed until industry representatives could prepare an alternative proposal for council consideration. Allen Gardner, 725 Country Club Road, identified himself as an attorney speaking for Kendall Ford, Central lincoln Mercury, the Dodge/Subaru dealership on Goodpasture Island Road, and Dunham/Olds. He was particularly concerned that the proposed sign code would be too restrictive in its treatment of nonconforming signs and in the rules applying to the Highway Commercial district. He claimed that the proposed revisions would require the destruction of a vast investment by the particular dealers he represented. Mr. Gardner pointed out what he considered to be specific weaknesses in the proposed ordinance in sections 9.015, 9.1008, 9.1016, and 9.1041. In conclusion, Mr. Gardner encouraged the council to delay action to allow further work on the proposed revisions and encouraged staff to work closely with representatives of the business community. Lina Van Brunt, 1345 Bailey Avenue, said the proposed code would jeopardize her means of livelihood as a subcontract billboard painter at National Advertising and said it would discriminate against some companies while MINUTES--Eugene City Council May 14, 1990 Page 3 e e e helping others secure a larger market share. She urged the council to reexamine its goals for revising the Sign Code. Cheryle Hawkins, 1350 Bailey Avenue, maintained that the proposed revisions, particularly as they apply to billboards, would adversely affect her means of livelihood as an independent subcontractor. She urged consideration of the code's impact on jobs and suggested that subcontractors legislated out of the market should be compensated. Ms. Hawkins recommended that an ad hoc committee be formed, with industry representation, to further consider revisions to the Sign Code. Michael Armstrong, 50 Highway 99N, identified himself as the vice president of Pacific Petroleum. He said that his industry has attempted to consolidate signs and eliminate clutter and voiced concern about excessive restrictions that could harm business. Al Johnson, 767 Willamette Street, Suite 203, distributed a memorandum on behalf of National Advertising Company. Mr. Johnson concurred with comments made by previous speakers in support of a content-neutral sign code that is more workable. He identified several legal issues in need of resolution and expressed particular concern regarding amortization. Mr. Johnson urged the council to more carefully consider the proposed reduction of billboard size from 300 square feet to 200 square feet. Randy Prince, 1819 Columbia Street, spoke on behalf of Common Ground. He said that if compensation is to be paid for value lost, then created value must be collected. Mr. Prince maintained that whenever privileges are assigned by governments, it is difficult to apply regulations to affect everyone equally. He suggested charging a fee for the privilege of displaying signs. Mr. Gardner submitted a letter from Larry Anderson for the record. There being no additional requests to speak, Mayor Miller closed the public hearing. Mr. Chenkin requested additional time for staff to prepare a written response to the issues raised during public testimony. Ms. Schue commented on the importance of fairness in public hearings and suggested that some speakers may not have been given adequate time to express themselves. Mayor Miller indicated that the public hearing could be reopened. Councilors agreed to defer their decision on this ordinance until after it has been considered at a work session. They asked that specific concerns relating to billboards, automobile dealerships, gas stations, sandwich boards, amortization, and shopping center districts be addressed in that discussion. Individual councilors agreed to provide staff with lists of additional issues. MINUTES--Eugene City Council May 14, 1990 Page 4 ~ V. PUBLIC HEARING: CITY OF EUGENE ALLEY VACATION (STEVE BENNETT-- AV 90-1) City Manager Mike Gleason introduced the topic. Planning Division Manager Jan Childs reported that in 1964, the City Council adopted an ordinance vacating the alley located north of 27th Avenue, between Willamette and Oak Streets. Due to an error in the legal description of the alley, the vacation was not valid, and in 1988 the council again considered the vacation but decided not to proceed due to objections from abutting owners. At this point, all the affected property owners have agreed to support the vacation. Mayor Miller opened the public hearing. Allen Gardner, 725 Country Club Road, represented one of the codefendants in pending litigation that involves this alleyway. He assured the council that all parties to the litigation favor the alley vacation, which would result in a resolution of the dispute over boundary lines and use of an easement. e Randy Prince, 1819 Columbia, questioned the use of the emergency clause in the proposed ordinance. He suggested that such urgency indicates disparity between the council's rules of operating and its needs. There being no further requests to speak, the public hearing was closed. City Attorney Bill Gary explained that because the ordinance relates to pending litigation, the emergency clause satisfies the court that the matter will be disposed of quickly. Answering a question from Ms. Ehrman, Ms. Childs said that monetary payment generally is required in alley vacations in Eugene. This case is an exception, rather than the normal practice, and no money is required. CB 4215--An ordinance vacating an alley; and declaring an emergency. Ms. Schue moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 6:0. Council Bill 4215 was read the second time by number only. Ms. Schue moved, seconded by Mr. Rutan, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19690) The council took a five-minute break. e MINUTES--Eugene City Council May 14, 1990 Page 5 ~ VI. PUBLIC HEARING: WEST UNIVERSITY CONSERVATION AND DEVELOPMENT PROJECT Declaring a potential conflict of interest because of his trusteeship of Northwest Christian College, Mayor Miller excused himself from consideration of this item and Council President Schue assumed the chair. City Manager Mike Gleason introduced the topic. Teresa Bishow, Planning and Development Department, reported that the Historic Review Board and Planning Commission developed a series of recommendations that address historic resources in the West University Conservation and Development Project area. The highest priority recommendation forwarded by both bodies calls for a program to preserve the historic and natural features that contribute to the Millrace area. Implementation of this program would involve creation of a Special Development Zoning District and a Historic District that would be designed to encourage economic use of historic structures, enhancement of the Millrace, and balancing both housing and commercial needs of the areas. In addition, the program could address improvement of the Millrace waterway, provision of greater public access, and better maintenance. Ms. Bishow reported that Jerry Marlow of Hotel Management Associates in Beaverton had called earlier in the day but was unable to attend the meeting. Mr. Marlow's firm recently purchased the Campus Inn at 390 East Broadway. While he indicated his general support of the Special Development District, Mr. Marlow asked to be kept informed regarding the City's creation of the district's provisions. e Mr. Bishow also reported that Barney McCabe of Commercial Investment Properties had requested that the written record remain open until May 15 at 5 p.m. Council President Schue opened the public hearing. Michael Shellenbarger, 1820 Olive Street, spoke as chair of the Historic Review Board, which considers the Millrace area its top priority issue. He described the Millrace as one of Eugene's most significant historic resources and asked the council to approve initiation of a study to explore its designation as a historic district. Jenny Sirnio, 95 Bradford Court, serves as the Planning Commission representative on the Historic Review Board. She described the commission as committed to preserving the historic character of the area and supportive of its continued economic growth. Ms. Sirnio reported that the commission had agreed that a special development zoning district was a practical way to address conflicts and provide direction on ways to allow housing and commercial development while preserving the historic integrity of the area. The commission has not yet discussed the criteria for establishing such a district, nor considered development standards, proposed uses, or design guidelines. e MINUTES--Eugene City Council May 14, 1990 Page 6 e e e Brad Perkins, 1590 Mill Street, identified himself as chair of the West University Neighborhood Association, member of the Historic Review Board, and owner of a preservation-related business. He considered the matter before the council to be an opportunity to develop and preserve historic resources at the same time and encouraged the council to take action that will establish standards for the future of the Millrace area. Clark Winston Cox, Jr., 1085 Patterson Street, identified himself as a long-time resident of the neighborhood. He encouraged the involvement of residents and property owners in any action contemplated by the council. Mr. Cox described the Millrace as a unique resource and suggested that the council pursue public ownership. Dick Briggs, 80 West 23rd Avenue, likened the potential development of the Millrace to rehabilitation of the waterfront area in Alexandria, Virginia. He recommended that a private developer work with property owners and the City to preserve the area. Jerry Long, 388 East 11th Avenue, identified himself as an agent for LaMar Properties and representative of a group of historic properties along East 11th Avenue. Mr. long supported the identification of the Millrace area as a historic district and encouraged the council's approval of the recommendations before it. Jim Womack, 828 East 11th Avenue, spoke as the president of Northwest Christian College, which opposes its inclusion in the proposed districts. While he did not oppose historic preservation, Mr. Womack said that the proposed study would conflict with the college's anticipated development. The proposed district boundaries, which include 70 percent of the campus, would have a serious and negative impact on the college's endowment. There being no additional requests to speak, Ms. Schue closed the public hearing. Ms. Bishow reported that a citizen requested that the record be held open to allow additional written testimony. Mr. Holmer moved, seconded by Ms. Ehrman, to hold the record open until 5 p.m., May 15, to receive additional written testimony. Roll call vote; the motion carried unanimously, 6:0. Mayor Miller returned to preside over the rest of the meeting. VII. ORDINANCE REGARDING AMENDMENT TO PNB fRANCHISE AGREEMENT City Manager Mike Gleason introduced the topic. Tony Mounts, Finance Division, gave the staff report. The 1989 Legislature adopted HB3000, establishing a uniform base for municipal charges for street use by telecommunications utilities. The legislation becomes effective July 1, MINUTES--Eugene City Council May 14, 1990 Page 7 e 1990. The proposed ordinance amends the City's franchise, increasing the rate from the current five percent to the State ceiling of seven percent, and avoids a loss of revenue to the General Fund as a result of the new law. Ms. Schue commented that the League of Oregon Cities is concerned about this issue and questions how much of the charge is appropriately passed along to customers on their utility bills. CB 4216--An ordinance concerning the Pacific Northwest Bell Company franchise, amending Ordinance No. 19425; and declaring an emergency. Ms. Schue moved, seconded by Mr. Rutan, to consider the bill for first reading. Roll call vote; the motion carried unanimously, 6:0. Council Bill 4216 was read the first time. VIII. PUBLIC HEARING: ORDINANCE CONCERNING REVISIONS TO CHAPTER 4 OF THE CITY CODE e City Manager Mike Gleason introduced the item. lieutenant Vic Mann pointed out the emergency clause attached to the proposed ordinance. Mayor Miller opened the public hearing. There being no requests to speak, the public hearing was closed. CB 4217--An ordinance revising Chapter 4 of the City Code affecting: a) Drinking on Unlicensed Premise; b) Abusing Police Animals; c) Harassment; d) Intimidation; e) Shoplifting; f) Weapons; and g) Resisting Arrest. Ms. Schue moved, seconded by Mr. Rutan, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 6:0. Council Bill 4217 was read the second time by number only. Ms. Schue moved, seconded by Mr. Rutan, that the bill be approved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed (and became Ordinance No. 19686). e MINUTES--Eugene City Council May 14, 1990 Page 8 e ~ IX. PUBLIC HEARING: TAX EXEMPTION FOR MULTIPLE-UNIT PROPERTY City Manager Mike Gleason introduced the item. Richie Weinman, Planning and Development Department, reported that the multi-unit property tax exemption program was adopted in February 1989 to encourage new rental housing construction in the core area. Two projects, lincoln School and Shapitka Apartments, are currently proposed. Responding to a question from Mr. Holmer regarding the amount of rent proposed by Mr. Shapitka, Mr. Weinman explained that the purpose of the program is to encourage new housing in the core area and there is no requirement that projects provide low-income housing. Mr. Gleason added that the council initiated the program in order to carry out its goal of encouraging multi-family dwellings within the core. Mr. Weinman said the Planning Commission discussed the provision of public benefit and concluded that the payment of the City's low income housing fee during years 3 through 10 would recapture some of the funds without jeopardizing the project. Mayor Miller opened the public hearing. Hugh Prichard, 2671 Emerald, spoke as one of the general partners in the Lincoln School project. He commended the application process required by the program. Mr. Prichard noted that public benefit will occur when the project is added to the tax rolls at the end of ten years, and said that the program is an appropriate tool for encouraging compact urban growth and downtown housing. Randy Prince, 1919 Columbia Street, encouraged the council to examine the philosophy supporting a program that benefits only certain people. He suggested that various codes should be revised to be more equitable. There being no additional requests to speak, Mayor Miller closed the public hearing. Mr. Holmer asked about the annual low-income fee to be paid by the projects. Mr. Weinman said that the lorig project would generate approximately $6,000 annually (58 units), while the Shapitka project (8 units) would generate $1,000 per year. After discovering that a request to speak had been misplaced, Mayor Miller reopened the public hearing. Joseph Shapitka, 248 Kingsbury, said that he had owned the property proposed for development for 14 years and had not built rental units on it earlier because of high vacancy and interest rates. Without the tax exemption program, Mr. Shapitka said he would be unable to complete the project. e MINUTES--Eugene City Council May 14, 1990 Page 9 ~ Mayor Miller closed the public hearing. Res. No. 4176--A resolution approving a multiple-unit property tax exemption for property located at 445 West 10th Avenue (Shapitka) Res. No. 4177--A resolution approving a multiple-unit property tax exemption for property located at 12th Avenue and Jefferson Street (Lorig Associates, Inc.) e e Ms. Schue moved, seconded by Mr. Rutan, to adopt the resolutions. Roll call vote; the motion carried unanimously, 6:0. X. APPROVAL OF $60,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR LINCOLN SCHOOL NEIGHBORHOOD CENTER City Manager Mike Gleason introduced the topic. linda Dawson, Planning and Development Department, was available to answer questions. Ms. Bascom recalled that the full amount of the sale of the school ($125,000) had been discussed as funding for a child-care center, and she wondered why that center's funding requirement was now identified as $80,000. Ms. Dawson responded that with landscaping and playground costs, the total would be more. She said that the Community Development Block Grant funds would be tied to the rehabilitation of the moved house. Mr. Gleason added that the scope of the project changed during discussions between the developer and the neighborhood, and the child-care faCility was being proposed off-site. Mr. Boles said he understood that the neighborhood agreed to the project only if a child-care center, playground, community gardens, and neighborhood center were included. He was unaware of any neighborhood consideration of a a task force recommendation that did not include those four elements on the property. Mr. Gleason recalled that the council established an order of priority for elements to be included in the project and a cap on the amount it was willing to allocate to the project. Mr. Boles said that the Community Development Committee authorized funding beyond its original commitment of $10,000 with the expectation that all four elements would be included in the project. Ms. Dawson reported that rehabilitation of the Riley House was estimated at $60-80,000. Ms. Bascom hoped that the neighborhood would understand the need for fiscal restraint. MINUTES--Eugene City Council May 14, 1990 Page 10 ~ Mr. Gleason considered the current development proposal before the council to be consistent with discussions held with the community and to represent good faith action. He said the council needs a comprehensive report on the project. Ms. Schue moved, seconded by Mr. Rutan, to approve $60,000 in Community Development Block Grant funding to rehabilitate the Riley House, moved to the Lincoln School site to serve as a neighborhood center. Roll call vote; the motion carried unanimously, 6:0. XI. APPROVAL OF 1990-91 COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT OF OBJECTIVES e Ms. Ehrman asked whether $30,000 listed for a ramp at the Shelton-McMurphey House was restricted to a ramp and whether alternative methods of providing access had been considered. Ms. Dawson responded that the allocation was contingent on a ramp being the method of access. Ms. Ehrman expressed concern about such a sensitive issue as the method of access to the house being decided by an advisory committee. While she did not necessarily disagree with the decision, she maintained that controversial policy decisions should be made by the council. Mr. Gleason suggested that the council adopt the statement of objectives with the understanding that the $30,000 in question would not be expended without council approval. Ms. Schue moved, seconded by Mr. Rutan, to approve the 1990-91 Community Development Block Grant final statement of objectives, with the understanding that no money will be spent on a ramp at the Shelton-McMurphey House until further consideration by the council. Roll call vote; the motion carried unanimously, 6:0. XII. RESOLUTION AUTHORIZING LONGER-TERM INVESTMENTS City Manager Mike Gleason introduced the item. Kathy Rodeman, Financial Operations Service Division, reported that the return from the proposed longer-term investments would be set aside for future debt service payments. The maturities on the proposed investments would match those of the debt service, equalizing the cash flow. Responding to a question from Ms. Bascom, Ms. Rodeman explained that the investments would be essentially risk-free instruments, guaranteed by the Federal government and maturing in 1994 and 1995 for the proposed Parkland bond defeasance. e MINUTES--Eugene City Council May 14, 1990 Page 11 e Res. No. 4178--A resolution authorizing City investments maturing in more than three years for purposes of defeasing debt. Ms. Schue moved, seconded by Mr. Rutan, to adopt the resolution. Roll call vote; the motion carried unanimously, 6:0. XIII. FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICIAL/ORDINANCES City Manager Mike Gleason introduced the item. les lyle, Public Works Department, was available to answer questions. CB 4218--An ordinance levying assessments for paving, and storm and sanitary sewers in Suncrest Avenue (Panorama Sixth Addition) from City View to 450 feet west (Contract 89-08) e CB 4219--An ordinance levying assessments for paving, and storm and sanitary sewers in Taney street from Marshall Avenue to Barger Drive (Contract 89-11) CB 4220--An ordinance levying assessments for paving, and sanitary and storm sewers in Terry Street from Barger Drive to approximately 1600 feet south, constructing half of a street (Contract 89-28) Ms. Schue moved, seconded by Mr. Rutan, that the bills, with unanimous consent of the council, be read the second time by council bill numbers only, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 6:0. Council bills 4218, 4219, and 4220 were read the second time by number only. Ms. Schue moved, seconded by Mr. Rutan, that the bills be approved and given final passage. Roll call vote; all councilors present voting aye, the bills were declared passed (and became Ordinance Nos. 19687, 19688, and 19689). Mr. Gleason commended Public Works staff for saving the community significant sums of money through imaginative design work on the River Road/Santa Clara sewer project. e MINUTES--Eugene City Council May 14, 1990 Page 12 ~ The meeting adjourned at 10:10 p.m. to May 16, 1990. Respectfully submitted, .......,d~~'t-I..;,14 / ., ,iI ,.~ '2'.' .- ./ (~~y~/~. '"- Micheal Gleason, City Manager (Recorded by Mary Feldman) mncc 051490-730 e e MINUTES--Eugene City Council May 14, 1990 Page 13