03/13/1972 Meeting - Laserfiche WebLink

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would bring the code into conformity with recent V.S.Sul?reme Court decis-ion. It is not intended to prohibit' use of obscene language as such, but only when used in a manner calculated to stir someone to conduct which would disturb .the peace. Councilman Williams questioned use of the word" calculate" wondering 'how ,to de- cide whether any words were the outgoing of thoughts or whether intentionally said to give an opportunity to retaliate if he is hit. City At~orney said the type of language in the present ordinance has been the subject of an inordinate amount of litigation and this amendment is an attempt to give a clearer defini- tion to rerrove the difficulty encountered when going to trial. -- "'-..-. Councilman Hershner wondered whether it would be advisable to extend to 'the word "gesture" the same language restriction applied to the woi:d ,"-language." It was agreed the comma following the word" language" and the words "make an obscene" would be deleted. Mrs. CamPbell said for the record it should be noted that the establishment "Gentlemens' Retreat" is outside the City limits. , (C.B.9604 page 62.) Comm 3/1/72 Approve D. Planning Comndssion Report - February 21, 1972 1. Annexation York/Bendix property on Sarah Lane north of Crescent Avenue (0.5 acres) - Planning comndssionrecommended denial of the petition. In its consideration the Planning Comndssion asked that it be determined whether by consent enough property could be added to close the gap across the north of an unincorporated area thereby creating an island which could be considered for unilateral annexation. This was not accomplished by voluntary action of property owners ~ The Boundary Comndssion does have authori ty ,to expand the, area included in an annexation request if they deem it proper. Good plan- ning indi cates the area should be in the Ci ty, but annexation of these two lots would not accomplish that unless the Boundary Comndssion is willing to increase the area being considered. Hence the reluctant recommendation to deny the requested annexation. . Councilman Williams suggested the recommendation sent to the Boundary Comnds- sion be for approval if the whole area is included, for denial if only the two lots are considered., (Res.2032 March 27,1972 minutes.) Comm 3/1/72 Approve 2. Vacation Jessen Dri ve between Bel t Line Road and west boundary of Irving- dale Subdivision (City) - The City initiated the vacation request because this portion of an undeveloped street is in the path of an SCS drainage Comm ditchpro.ject. Vacation does not ,appear to hamper access to properties being 3/1/72 developed, and the Planning Comndssion recommended approval. (C.B.9606 PagefQ )Approve 3. Vacation alley between 7th and 8th Avenues from Olive Street east, Jacobs/$RA- This vacation is proposed to allow property between 7th and 8th and west of the north/south alley to be combined for development as a unified parcel under the renewal plan. The Council has agreed to co-operate wi th the Agency in steps necessary to the redevelopment program. Moving publicly-owned utilities would be part of the project cost, but cost of moving privately-owned utilities would not be eligible for participation in the project. Under franchise agree- ment with the telephone company, those costs would be billed back to the phone company. (Hearing on this vacation request was scheduled for April 10,1972 at the February 28, 1972 Council meeting.) . Comm 3/1/72 Approve E. Abatement 3815 Willamette (Piller) - The Building Department reports that efforts since April 1971 to schieve rehabilitation or removal of the building at this address have been unsuccessful. One building has been partially destroyed, materials are strewn about the property creating a fire hazard, and because of general deterioration it is recommended, a public hearing be called to consider abatement. Mr. Williams moved seconded by Mr. Mohr to call a public hearing to consider the abatement. Motion carried unanimously. (See Resolution 2024 page 63.) Comm 3/1/72 Approve F. Sidewalks" Dunn School Area (South Willamette) - Mrs. CamPbell said parents in the Dunn School area are concerned about lack of sidewalks on the west side of Willamette resulting in children crossing Willamette at 36th or 37th on the crest of the hill where the traffic si tuation is con$idered dangerous. She asked for a progress report on what is being done in that area. Public Works Director said individual property owners are being contacted to see whether they favor construction of a sidewalk or the alternate proposal of re- moving parking from the west side of Willamette and installing a pedestrian way between the present curb and the street. Responses ,have not been ,received from all those contacted. He said the City does not have necessary right-of-way for sidewalk on th? west side and the installation would be difficult because of the steep bank. '. ~~ <:,: 0,..), 3/13/J2 )