03/12/1973 Meeting - Laserfiche WebLink

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Council Chamber Eugene, Oregon March 12, 1973 i' Regular meet ing of, the' Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on March 12, 1973 in the Council Chamber with the following councilmen present: Mrs. Beal, Messrs. Williams, McDonald, Hershner, Mrs. Campbell, and Messrs. Keller, Murray, and Wood. Larry Provancha, Randy Thompson, Gary Murray, and Geoffrey>Paulus - members of the McKenzie River Chapter, International Order of DeMolay - presented the flag as a service to local government in celebration of the founding of their organization. I - Public Hearings A. Code Amendment re: Jury Trials and Imprisonment of Indigents for Non-payment of Fines JCopies of proposed amendment were previouslijdistiibuted to Council' members :. : The proposed ordinance would repeal that section of the Code dealing with Municipal' ; Court procedures with regard to jury trials, selection of jury and payment of fees, i and non-payment of fines by indigent persons, and Substituting therefo;za the State ; statutes. City Attorney recommended the change for purposes of clarification in. : view of conflicts between the present ordinance and State law and recent court : decisions. e Stan Long detailed the changes proposed, stating that present procedures in Munici- ! pal Court will not change too much since it now adheres to Charter requirements 1 and thrust of court decisions. Indigents for some time have not been imprisoned , for non-payment of fines even though that provision has been in the Code. The amendment in addition will bring the Municipal Court lOC)re clearly into line with the State laws so far as selection of juries is concerned. I Councilwoman Beal questioned the necessity for the emergency clause. She said the :Legislature in its deliberations is very careful not to apply an emergency clause i unless there is a bona fide emergency to avoid the appearance of haste and lack of : time for protest. Manager said that without the clause an ordinance will not be- : come effecti ve for 30 days after its adoption. It is used in nearly every instance ! unless there appears to be a reason to expect an appeal or significant disagreement ~ ~ that could result in referendum. He added that use of the clause has no bearing I ion the deliberative process in adopting an o%'dinance. There is the same hearing I Iprocedure and tdme constraints, and the same opportunity to hold over, lacking , I un ani lOC) us consent on second reading. Use of the clause in this ordinance is de- sirable to relOC)ve conflicts before the Municipal Court starts proposed night sessions to clear its backlog of cases. Comm Mr. Williams 1OC>ved seconded by Mrs. Beal to schedule public hearing on the amend- 2/28/73 ment. !'Ioti_oE ca..~~il!.d ~u.!l~~-!lI!..~~l!(._ _,___ "_,_ __ ." __!~ub Hrng :. Mayor Anderson opened the subject to public hearing. Upon request from the audience for an opportunity to express the concerns of'Native Americans in this community for those involved in the present incident at Wounded Knee, South Dakota, Mayor Anderson explained the procedure for placement of items on the Council's agenda. However, Council members agreed to hear the petitioner at this meet- ing at the conclusion of other business. Public hearing on the Code amendment was closed with no testimony submitted. Council Bill No. 200 - Amending Section 2.785 and repealing Sections 2.790, 2.795, 2.800, and 2.805 of City Code re: Municipal Court Procedure was submitted and read by council bill number and title only, there being no councilman presen t requesting that it be read in full. Mrs. Beal moved seconded by Mr. Williams that the bill be read the second time by council bill number only , with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. . Mrs. Beal moved seconded by Mr. Wi~liams that the bill be approved and given final passage. Rollcall vote., All councilmen present voting aye, the bill was declared passed and numbered 16731. . B; Appeal, Conditional Use Permit for Willamette Christian Center, 20th between McKinley and Hawkins Heights - Willamette Christian Center, appellant, requested postponement of the hearing on PlanningCommission's'denial of the permit. Letter was noted from Vern Gleaves, attorney, also requesting postponement. ~9 3/12/73 - 1