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<br />LEGAL QUESTIONS AND QUESTIONS OF LAW INVOLVED IN THIS CASE, AND THE QUESTION
<br />NOW IS WHETHER OR NOT THE CITY SHALL PAY THE JUDGMENT AS OUTLINED ABOVE OR
<br />APPEAL THE CASE TO THE OREGON SUPREME COURT. HE FURTHER INDICATED IF IT WERE
<br />APPEALED THE CITY COULD MAKE OR LOSE MONEY, BUT THAT IN ANY EVENT THE CITY
<br />SHOULD PAY THE FAIR AND REASONABLE PRICE FOR THE PROPERTY.
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<br />AFTER SOME DISCUSSION AMONG THE COMMITTEE MEMBERS, IT WAS RECOMMENDED THAT
<br />THIS CASE BE APPEALED TO THE OREGON SUPREME COURT.
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<br />IT WAS MOVED BY MR. SHEARER SECONDED BY MR. MOLHOLM THAT ITEM 7 OF THE COMMITTEE REPORT
<br />BE APPROVED. MOTION CARRIED WITH MR. LINDEEN VOTING NAY.
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<br />e. CONSIDERATION OF REPORT OF THE MAYOR'S SPECIAL COMMITTEE TO STUDY TRAFFIC ON
<br />6TH AND 7TH AVENUES - THE REPORT OF THE MAYOR'S COMMITTEE TO STUDY TRAFFIC ON
<br />6TH AND 7TH AVENUES AND THEIR RECOMMENDATIONS WERE READ TO THE COMMITTEE. SOME
<br />DISCUSSION WAS HAD ON THE VARIOUS ITEMS CONTAINED IN THE REPORT, ESPECIALLY
<br />THAT ITEM WHICH PERTAINED TO THE CONSTRUCTION OF THE NORTH BANK ROAD FROM fERRY
<br />STREET BRIDGE TO JEFFERSON STREET, THE JEFFERSON STREET BRIDGE ITSELF, AND THE
<br />NECESSITY FOR AN OVERPASS OVER THE RAILROAD IN THE EVENT THIS STREET AND BRIDGE
<br />ARE BUltT. IT WAS RECOMMENDED THAT THE COUNCIL GO ON RECORD THAT THE NORTH
<br />BANKRoAD, THE JEFFERSON STREET BRIDGE, AND THE OVERPASS IN THE VICNITY OF THESE
<br />STREETS, AS WELL AS THE 11TH AVENUE AND PEARL STREET FROM 19TH TO 29TH AVENUE,
<br />BE DES I GNATED FOR fEDERAL ASSI STANCE. II.
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<br />IT WAS MOVED BY MR. SHEARER SECONDED BY MR. MOLHOLM THAT ITEM 8 OF THE CpMMITTEE REPORT
<br />BE APPROVED. MOTION CARRIED WITH MR. LINDEEN VOTING NAY.
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<br />PETITIONS AND COMMUNICATIONS
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<br />A PETITION FOR A SIDEWALK ON HILYARD STREET FROM 30TH ,TO 35TH AVENUE AND RESTORATION OF TWO-
<br />LANE ROAD IN THE SAME SECTION CONTAINING 35 SIGNATURES WAS PRESENTED AND READ AS FOLLOWS:
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<br />"WE, THE UNDERSIGNED,DO PETITION THE COMMON COUNCIL OF THE CITY OF EUGENE,
<br />TO TAKE ACTION THIS SPRING OR SUMMER TO REDUCE,THE TRAFFIC HAZARDS ON SOUTH
<br />HILYARD STREET, PARTICULARLY ON THE STRETCH 8ETWEEN 30TH.AvENUE AND SUNSET
<br />HOME. THE FOLLOWING FACTORS CONTRIBUTE TO THE POOR DRIVING CONDITIONS:
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<br />RAPID GROWTH OF POPULATION IN THE AREA WHICH
<br />HAS CAUSED HILYARD TO CARRY AN EXCESSIVE NUMBER or
<br />CEMENT TRUCKS AND OTHER HEAVY VEHICLES WHICH TEND
<br />TO BREAK DOWN THE ROAD, AND
<br />HAS RESULTED IN MANY MORE PASSENGER CARS ON HILYARD.
<br />(THIS SITUATION WILL BE EVEN WORSE WHEN THE NEW MCKAYS
<br />MARKET OPENS AT 30TH AND HILYARD.)
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<br />2. HILYARD IS ONE OF THE MAIN THOROUGHFARES, FOR LOADED GARBAGE
<br />TRUCKS ON THE WAY TO THE COUNTY DUMP.
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<br />3. THERE IS NO SIDEWALK SOUTH OF 30TH, SO PEDESTRIANS MUST WALK
<br />THE ROAD. THESE INCLUDE:
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<br />(A) CHILDREN GOING TO AND FROM SCHOOL.
<br />(B) EMPLOYEES AND RESIDENTS OF SUNSET HOME. (THERE ARE NOW
<br />OVER 200 OF THESE, WITH MORE TO.COME.)
<br />-(C) IN THE SUMMER, CHILDREN, USING THE AMAZON POOL.
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<br />AFTER A DAY'S RAIN THE PLUGS IN THE POTHOLES WASH OUT LEAVING
<br />DEEP' WATERHOLES, ESPECIALLY IN THE NORTHBOUND LANE BETWEEN 29TH
<br />AND 32ND. IF THE DRIVER IS TO AVOID HITTING OR SPLASHING PEDES-
<br />TRIANS, HE MUST DRIVE SLOWLY ENOUGH TO ANTICIPATE ONCOMING TRAFFIC
<br />SO THAT HE CAN MOVE HIS CAR INTO THE CENTER OF THE ROAD WHILE
<br />PASSING PEDESTRIANS. (THIS IS A 35 MPH ZONE!) WHILE THERE ARE
<br />NOT PEDESTRIANS IN THE ROAD AT ALL TIMES, THE PEAK PEPESTRIAN
<br />TRAFFIC NORMALLY COINCIDES WITH THE PEAK VEHICLE TRAFFIC. THAT
<br />THERE HAS BEEN NO SERIOUS ACCIDENT jS DUE ONLY TO THE CAUTION OF
<br />THE REGULAR DRIVERS ALONG THIS ROAD. A DRIVER WHO IS HAVING TO
<br />CONCENTRATE ON THE ROAD ITSELF IS NOT FREE TO GIVE THE ATTENTION
<br />HE SH'OULD TO PEDESTR I ANS AND OTHER VEH ICLES.
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<br />4. THE SECTION OF SOUTHBOUND ROAD THAT PASSES SUNSET HOME IS BADLY
<br />BROKEN DOWN ON THE SHOULDER SI DE. I F THE SOUTHBOUND DR I VER IS
<br />FORCED TO USE HIS OWN LANE, RATHER ~~AN DRIVIN& THE CENTER OF. THE
<br />ROAD, HE HAS TO RIDE A::r AN UNCOMFORTABLE TILT. HE ALSO HAS TO
<br />BUMP UP AND DOWN OVER THE DRIVEWAY EXITS FROM SUNSET HOME.
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<br />5. THERE IS NO PROPER SHOULDER ALONG MOST OF HILYARD STREET.
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<br />THE GENERAL 8UMPINESS, THE POTHOLES, THE DISPROPORTIONATE NUMBER OF WIDE
<br />VEHICLES ON SUCH A NARROW ROAD ~ND THE USE OF THE ROAD BY PEDESTRIANS IN THE
<br />STRETCH ~ROM .30TH TO 35TH, MAKE IT IMPERATIVE THAT THE COMMON COUNCIL TAKE
<br />CORRECTIVE ACTION.
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