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HomeMy WebLinkAbout04/26/1948 Meeting 1~~ 'U..i<.. I CUUNCIL CHAMBER~ EUGENE, OREGUN Aa.>RIL.. 26, IY48 ....... ::;1 THE REGULAR MEETING UF THE CUMMUN CUUNCIL uF EUGENE HELD APRIL 26, ,y48 AT 7.~u P.M. THE MEETING WAS CALLED Tu ORDER BY HIS HONOR, MAYOR EARL MCNuTT. CUUNCILMENT PRESENT AT ROLLCALL WERE - HAWN, CRUMBAKER, BAILEY, JOHNSON, WELLS AND HANNS. DAVIS - B.ju P.M. ALLEN ABSENT. . ~. -, ,!~ ~ " .. U..UN MuTloN THE MINUTES UF THE LAST REGULAR MEETING HELD Aa.>RIL 12, IY4~, WERE CUNSIDERED READ AND At-PROVED. I THE FOLLUWING MuNTHLY ESTIMATE AND APPROVAL FOR PROGRESS PAYMENT WAS SUBMITTED BY THE CITY ENGINEER. fIRST AND FINAL PAYMENT Tu R. C. PARSUNS FOR THE IMPROVEMENT OF 24TH AVENUE FROM RAMEY TO MCMILLAN ~TREETS. 1188.45 IT WAS MuVED BY CRUMBAKER, SECUNDED BY HAWN THAT THE ESTIMATE AS APPROVED BE RECEIVED AND PLACED uN FILE AND THAT THE PROPER CITY UFFICERS BE AUTHORIZED Tu MAKE PAYMENT IN ACCORDANCE WITH THE APPROVED ESTIMATE. MOTluN CARRIED. RULLCALL - ALL CUUNCILMEN PRESENT VOTING AYE. DAVIS AND ALLEN ABSENT. RE~URT~ Uf COMMITTEE~ & REPoRT OF THE PUBLIC WORKS CUMMITTEE RE. VACATluN OF CERTAIN STREETS ,~ND ALLEYS, WAS 2 SUBMITTED AND READ AS FOLLUWS; "YOUR COMMITTEE ON PUBLIC WORKS TO WHOM WAS REFERRED VARIOUS MATTERS BEGS TO REPORT AS FOLLuWS; I I. IN THE MATTER OF THE PETITluN FOR THE VACATluN Or SHuRT STREET BETWEEN SPRING BLVD. AND 23~D STREET, YOUR COMMITTEE RECOMMENDS THAT SUCH VACATIUN AS REQUESTED BE HELD IN ABEYANCE PENDING FINAL DETERMINATIoN OF PLANS FOR A SEWER LOCATluN IN THIS AREA. THE CuMMITTEE FURTHER RECUMMENDS THAT THE USUAL BUILDING SET-BACK LINES FROM ~HORT ~TREET AS PLATTED BE WAIVED FOR ANY OR ALL CURRENT RESIDENTI~ CONSTRUCTION ALuNG ~HORT ~TREET PENDING FINAL ACTIUN WITH REFERENCE Tu VACATIUN UF THE STREET. 2. IN THE MATTER OF THE REQUESTED VACATI~N OF THE ALLEY BETWEEN FILMORE AND PIERCE AND 5TH AND 6TH AVENUES WEST, YOUR COMMITTEE RECOMMENDS THAT SUCH PETITION BE NOT FAVORABLY CONSIDERED. YUUR COMMITTEE FINDS THAT WHILE THE ALLEY IS NOT PRESENTLY OPEN, THAT IT WILL BE USED FuR THE PENDING INSTALLATION UF A LATERAL SEWER FOR THE WEST-SIDE SEWER SYSTEM AND THAT THE GENERAL PUBLIC INTEREST WOULD NOT BE SERVED AT THIS TIME BY VACATING A PORTION OF THE ALLEY IN ~ESTION. 3. IN THE MATTER OF A MINOR RE-ALIGNMENT uF THE CURB AT THE INTERSECTluN OF ADAMS AND CLARK STREETS, AS REQUESTED BY MR. B. R. ANDRUS, YUUR COMMITTEE RECUMMENDS THAT THE VACATluN OF A SMALL PuRTloN uF ADAMS AND CLARK ~TREET, AS SHOWN ON THE ATTACHED MAP, BE ~AVORABLY ACTED UPON BY THE CUUNCIL. 4. IN THE MATTER OF REQUESTED VACATION BY THE ~T. MARY'S CATHOLIC CHURCH, OF THE ALLEY EXTENDING FROM luTH TO 11TH AVENUES WEST BETWEEN CHARNELTuN AND LINCOLN ~TREETS, YUUR COMMITTEE RECUMMENDS THAT THE REQUEST BE FAVORABLY ACTED UPUN BY THE COUNCIL." IT WAS MOVED BY JOHNSON, SECuNDED BY CRUMBAKER THAT THE REPuRT OF THE PUBLIC WORKS COMMITTEE BE RECEIVED AND "LACED ON FILE AND THAT THE RECOMMENDATIONS CONTAINED THEREIN BE APPROVED. REPORT~ Of OffICER~ A REPuRT uF THE CITY MANAGER RE~ ONE-HoUR PARKING SiGNS Tu BE INSTALLED ON WILLAMETTE ~TREET 3 BETWEEN 14TH AND 15TH, WAS SUBMITTED AND READ. I "OWING Tu THE BUSINESS DEVELOPMENT ON WILLAMETTE ~TREET SoUTH OF 14TH AVENUE, THIS OFFICE HAS BEEN PETITluNED FOR INSTALLATIUN OF oNE-HOUR PARKING Tu EXTEND ON WILLAMETTE SUUTHERLY TO 15TH AVENUE." IT WAS MOVED BY HAWN, SECONDED BY WELLS THAT THE REPORT OF THE CITY MANAGER BE RECEIVED AND PLACED UN FILE AND THAT THE RECuMMENDATION CONTAINED THEREIN BE APPROVED. MOTION CARRIED. I 4 A REPURT OF THE CITY MANAGER RE; THINNING OUT TIMBER AND BRUSH IN HENDRICK'S PARK WAS SUBMITTED AND READ. "As A MEANS OF ACCOMPLISHING A DESIRED IMPROVEMENT WITHIN HENDRICKS PARK. THE PERMISSluN OF THE COMMON COUNCIL 16 REQUESTED WHEREBY WE MAY NEGOTIATE WITH A QUALIFIED TIMBER OPERATOR fOR THE THINNING OF THE HEAVILY FORRESTED AREAS INCLUDING REMOVAL OF DOWNED TIMBER, DYING TREES AND UNDER- BRUSH, AS A MEANS OF ENHANCING THE OVERALL APPEARANCE OF THE PARK AREA. WE HAVE AT HAND ~ UFFER OF MR. PAUL LITTELL OF EUGENE TO PERFORM SUCH WORK AT HIS EXPENSE AND WITH PAYMENT TO THE CITY AT THE RATE OF &5.uu a.>ER THOUSAND FOR TIMBER SALVAGE IN THE UPERATION. ~~-~~_~.........:.....~_~..J1,_._._._,_~_ ~ r52 '. ,~ .. " ,'.1f/ 'f,~ ',./<;,; ( MR. LITTELL'S PROPOSAL, ATTACHED HERETO, SETS rORTH THAT PAYMENTS rOR SALVAGED TIMBER WOULD BE MADE IN ADVANCE To THE CITY AND THAT THE AGREEMENT WOULD CALL rOR THE CITY To TERMINATE THE WORK AT ~Y TIME IF DISATISFIED WITH THE MANNER IN WHICH IT WAS B~ING CONDUCTED. IT IS ESTIMATED THAT APPROXIMATE~V 220,vuu FEET WOULD BE REMOVED IN SUCH AN OPERATIoN OUT OF A TOTAL ESTIMATED STANO OF 3,5ov,vuIJ rEET. -':' I Y~UR CONSIDERATIUN'OrTHIS PROPOSAL IS REQUESTED." IT WAS MOVED BY HAWN; SECONDED BY JOHNSON THAT THE REPORT OF THE CITY MANAGER BE RECEIVED AND PLACED ON FILE AND THAT THE MATTER of NEGOTIATING A CONTRACT BE REFERRED Tu THE MAYOR A~D MANAGER FOR A REPORT AND RECOMMENDATION To THE COMMON COUNCIL. REPORT~ uF BOARD~ AND COMMISSIUNS I 5 A REPORT of THE BOARD of ApPEALS WAS SUBMITTED AND READ AS r~LLOWS; ffiA MEETING Or THE BOARD Or ApPE,LS tAS HELD IN THE BUILDING DEPARTMENT OFrlCE ON APRIL 2j, 1~4~, TO CONSIDER THE FOLLOWiNG REQUEST; PETITIUN FRuM THE FIRST CHURCH uF CHRI~T, SCIENTIEST BY MR. HARRY BISS~LL, CHAIRMAN OF THE BUARD, FOR A WAIVER of SET BACK ON A PROPOSED CHURCH BUILDING AT THE NOR~HWEST CORNER uF PEARL ~TREET AND 14TH AVENUE EAST. THE STRUCTURE AS PLANNED WILL COVER THE QUARTER BLOCK AND THE PRO- PORTION THEREoF AS PLOTTED WILL EXTEND TO WITHIN 12' FRUM 14TH AVENUE AND 14'rRVM PEARL ~TREET, SINCE LE~S THAN ON~-HALF THE DISTANCE OF THE EXTERIOR WALLS ARE ArFECTED BY THiS SET BACK IT IS RECOMMENDED THAT THE REQUEST BE GRANTED." IT WAS MUVED~BY CRUMBAKER, SECuNDEO, BY HAWN THAT THE REPORT OF THE CITY BOARD OF A~PEALS BE RECEIVED AND PLACED ON FILE AND THAT THE RECOMMENDATION CONTAINED THEREIN BE APPROVED. MOTION CARRIED. PETITluN~ AND CUMMUNICATluN~ A PETITION SiGNED BY WARREN G. CLARK AND 5 vTHERS FOR THE PAVING uF THE ALLEY BETWEEN 6TH ti AND 7TH AVENUES WEST FROM CHARNELTON TO LINCOLN ~TREETS, WAS SUBMITTED. IT WAS MOVED BY CRUMBAKER, SECONDED BY HAWN THAT THE PETITIoN BE RECEIVED AND PLACED ON FILE AND THAT THE NECESSARY IMPROVEMENT ORDINANCES BE DRAWN. MOTiON CARRIED. I A PETITION SIGNED BY ARTHUR T. JONES, 2275 WASHINGTON AND 2~ OTHERS FOR THE IMPROVEMENT OF 7 WASHINGTON ~TREET FRuM I~TH TO 24TH, WAS SUBMITTED. IT WAS MuVED BY CRUMBAKER, SECONDED BY JOHNSON THAT THE PETITION BE RECEIVED AND PLACED ON FILE ~ND THE NECESSARY IMPROVEMENT ORDINANCES BE DRAWN. MOTION CARRIED. A COMMUNICATION FROM MR. & MRS. HAROLD NEIMAN, 1625 WEST 5TH AVENUE AND ANOTHER FROM 8 FRANK LOrVENDAHL, 16u~ FILMORE ~TREET, REMONSTRATING AGAINST THE INSTALLATION of A SPUR TRACK To SERVE THE CHI~PERrIELD PROPERTY, WAS SUBMITTED. IT WAS MOVED BY HAWN, SECONDED BY CRUMBAKER THAT THE COMMUNICATIONS BE RECEIVED AND PLACED ON FILE. MuTlvN CARRIED. 9 ACOMMUNICATluN FROM THE POLICE DEPT. RE~ ~UBMITTED ~ND READ AS FOLLOWS. "LUADING " ZuNE IN FRONT uF THE ARMURY, WAS "RELATIVE Tv THE REQUEST vF THE CARETAKER OF THE ARMORY FuR A "LUADING" ZONE IN rRONT uF THE ARMORY, THE WRITER, ArTER INVESTIGATlvN, WISHES Tv RECOMMEND THAT THE RE~EST FuR LOADING ZONE IN FRONT uF THE ARMuRY BE GRANTED. DUE Tv THE fACT THAT THE ARMURY IS siTUATED uN "HIGHWAY 99 SOUTH THE TRArrlC IS VERY HEAVY AT THIS puINT, ALSO THERE IS A FEED STORE DIRECTLY ACROSS THE STREET WHICH IS OCCAslUNALLY FORCED TO DOUBLE PARK THEIR TRUCKS IN LuADING AND UNLOADING FEED WHICH CREATES A SINGLE LANE OF TRAFFIC. THE FACT IS ALSO BROUGHT ouT THAT QUITE FREQUENTLY THERE ARE LARGE CROWDS GATHERED AT THE ARMORY AND IN CASE OF FIRE IT WOULD BE A VERY SERIOUS HAZARD To HAVE CARS PARKING AT THE ENTRANCE." I IT WAS MOVED BY DAVIS, SECONDED BY CRUMBAKER THAT THE COMMUNICATioN BE RECEIVED AND PLACED ON riLE AND THAT ?HE RECuMMENDATION CONTAINED THEREIN BE APPROVED. MOTION CARRIED. lu A COMMUNICATioN FROM THE POLICE DEPT. RE; LOADING ZONEo AT 178 WEST 8TH AVENUE WAS SUB- MITTED AND READ AS FULLOWS. "THE WRITER ACCOMPANIED BY FRED HALEY OF THE METER DIVISluN CONTACTED MR. ANDERSON, MANAGER Of THE EUGENE ~TEAM LAUNDRY, 178 WEST 8TH AVENUE RELATIVE To HIS REQUEST FOR ALL DAY LOADING ZONES IN FRONT OF HIS PLACE Or BusiNESS WHICH THERE ARE TWO AT PRESENT. I ~ Ih~ vu '- .. I DUE To THE NATURE.uF THE LAUNDRY 8USINES~ THE TRUCKS ARE FuRCED Tu MAKE ~ICKUPS AND DE~IVERIES To THE LAUNDRY AT ALL TIMES DURING THE DAY IN ORDER Tu CARRYoN NORMAL BUSINESS AND AS THERE IS ~ NO ~LACE AT THIS LOCATION FOR (jFF-~TREET LOADING AND UNLOADING IT IS THE RECOMMENDATION OF MR. HALEY";';' A,ND THE WRITER THAT THE PRESENT LOADING ZONE:;; BE CONTINUED WITH NO CHANGE IN SIGNs WHICH WILL MEET L~i,J WITH THE APP ROV AL OF MR. AN DE RSON. II '.' IT WAS MOVED BY DAVIS. SECONDED BY CRUMBAKER THAT THE COMMUNICATI~N BE RECEIVED AND PLACED ON FILE AND THAT THE RECOMMENDATION CONTAINED THEREIN BE A~PROVED. MoTION CARRIED. I II A COMMUNICATION FROM J. M. DEVERS. ~TATE HIGHWAY COMMI~SION RE. SET-BACK ORDINANCE. WAS SUBMITTED AND READ AS FOL~UWS. "WE JUST RECEIVED YuUR LETTER uF THE FOURTEENTH IN WHICH YoU STATE THE GRuUND AND CONDITlvN~ UPON WHICH THE CITY COuNCIL WILL WAIVE THE CoNDITluN~ WITH RESPECT To A SET BACK ORDINANCE. IN WHICH ORDINANCE THE HIGHWAY COMMISSluN HAS EXPRESSED SOME INTEREST. I HAVE HANDED YuUR LETTER'TO THE ENGINEER WITH MY RECoMMENDATIoN THAT THE HIGHWAY COMMISSlvN Go ALoNG WITH THE CITY COUNCIL IN THIS OR ANY OTHER EFFoRT IT MAY EXERT. HAVING FuR ITS OBJECTIVE THE BUILDING OF A BIGGER AND BETTER EUGENE. IN FACT. IT ISMY posiTioN THAT) EXCE~T IN AN EXTREME CA~E. THE sTATE SHoULD NoT ASK THAT IT BE FAVORED WHEN SET BACK ORDINANClS uR ZuNING ORDINANCEs ARE BEING APPLIED. As SOUN As WE GET A REPORT FROM THE ENGINEER I WILL WRITE YOU AGAIN." IT WAS MOVED BY JOHNSON. SECONDED BY BAILEY THAT THE COMMUNICATlvN BE RECEIVED AND PLACED ON FILE. I IT WA~ FURTHER MOVED BY HAWN. SECONDED BY CRUMBAKER THAT THE CITY MANAGER BE REQUESTED TO DIRECT A LETTER To THE STATE HIGHWAY COMMISSluN RE~ESTING THE CuMMISSION TO TAKE THE NECESSARY ACTION Tv GRANT AN EASEMENT FOR A FUTURE SERVICE STREET ALoNG THE 52 FoOT SET BACK AREA ADJvlNING THE ~TATE HIGHWAY COMMISSION'S PROPERTY ON fRANKLIN BLVD. BETWEEN WALNUT AND fAIRMOUNT BLVD. MoTION CARRIED. 12 THE FOLLOWING APPLICATioNS FOR ROoMING HoUSE LICENSE WERE SUBMITTED: I RADABAUGH COURTEL. 571 WEST 6TH AVENUE CITY CENTER LODGE. 476 EAST BROADWAY IT WAs MvVED BY HAWN, SECONDED BY DAVIS THAT THE APPLICATIONS AS APPROVED BY THE HEALTH. POLICE AND fiRE DEPARTMENTS. BE ENDORSED. MvTION CARRIED. 13 A PETITioN To REZONE PROPERTY LuCATED AT 908 WEST fiRST ~TREET fROM R-I (~INGLE FAMILY) TO I-I (LIGHT INDUSTRIAL), WAS SUBMITTED ~Y LioNEL AND EVALENA MCMAHAN. IT WAS MoVED BY CRUMBAKER. SECONDED BY BAILEY THAT THE PETITioN BE TRANSMITTED To THE PLANNING COMMISSION BY THE NECESSARY RESOLUTiON. MoTioN CARRIED. ORDINANCE:) COUNCIL BILL NO. 349 - RE~ IMPROVEMENT vF TAYLvR ~TREET FROM 11TH TO 12TH AVENUE~ WEST. 14 WAs SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY HAWN. SECONDED BY DAViS THAT THE RULES BE SUSPENDED BY UNANIMOUS CONSENT OF THE CvUNCI~ AND THAT THE BILL BE READ THE SECOND TIME BY TITLE uNLY WITH UNANIMOUS CONSENT OF THE CUUNCIL. MOTION CARRIED. IT WAS MOVED BY HAWN, 'SECONDED BY DAVIS THAT THE RULES BE FURTHER SUSPENDED AND THE BILL BE READ THE THIRD TIME BY TITLE ONLY WITH UNANIMOUS CUNSENT of THE COUNCIL. I IT WAS MoVED BY HAWN. SECuNDED BY DAVIS THAT THE BILL BE APPROVED. ALL CUUNCILMEN PRESENT VOTING AYE. THE BILL WAS DECLARED PASSED AND NUMBERED 2li!. ALLEN ABSENT. 15 COUNCIL BI~~ NO. j5u - RE~ ADOPTING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT Of TAYLoR ~TREET FROM IfTH To 12TH AVENUES WEST. WAS SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY HAWN. SECONDED BY DAVIS THAT THE RULES BE SUSPENDED BY UNANIMOUS CONSENT OF THE COUNCIL AND THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY WITH UNANIMoUS CONSENT OF THE COUNCIL. MoTiON CARRIED. I IT WAS MOVED BY HAWN. SECoNDED BYDAVIS THAT THE RULES BE FURTHER SUSPENDED AND THAT THE BILL BE READ THE THIRD TIME BY TITLE ONLY WITH UNANIMOUS CONSENT of THE COUNCIL. MOTION CARRIED. IT WAS MOVED BY HAWN. SECuNDED BY DAVIS THAT THE BILL BE A~PROVED. AL~ CoUNCI~MEN PRESENT VOTING AYE. THE BI~L WAS DECLARED PASSED AND NUMBERED~. ALLEN ABSENT. CvUNCIL BIL~ No. ~51 - RE: DEF~NING MI~K. MILK PRODUCTS. ETC.. WAS SUBMITTED AND READ THE It FIRST TIME IN FULL. IT WAs MOVED BY HAWN. SECONDED BY DAVIS THAT THE RULES BE SUSPENOED BY UNANIMOUS CONSENT OF THE CUUNCIL AND THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY WITH UNANIMOUS CONSENT OF THE COUNCIL. MoTioN CARRIED. 5J ~ 154 '{ ."!.-,:..i ,:,: ''\'Ij:~ II ~" I' IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE RULES BE FURTHER SUSPENDED AND THAT THE B1LL BE READ THE THIRD TIME BY TITLE,ONLY WITH UNANIMOUS CONSENT of THE COUNCI~. MOTION CARRIEp. IT ,WAS MOVED BY HAWN, SECuNDED BY DAVIS THAT THE BILL BE APPROVED. ALL COUNCILMEN PRESENT VOTING AYE, THE BILL WAS DECLARED PASSED AND NUMB~RED~. ALLEN ABSENT. COUNCIL BILL No. 352 - RE; REPEALING URD. N~. ~67u ~ROVIDING FOR RESTRICTED PARKING ZONES, WA~ SUBMITTED AND READ THE FIRST TIME IN FULL. IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE RULES BE SUSPENDED BY UNANIMOUS CONsENT OF THE COUNCIL AND THAT THE BILL BE READ THE SECOND TIME BY TITLE ONLY WITH UNANIMOUS CuNSENT OF THE COUNCIL. MuTION CARRIED. IT WAS MOVED BY HAWN, SECUNDED BY DAVIS THAT THE RULES BE FURTHER SUSPENDED AND THAT THE BILL BE READ THE THIRD TIME BY TITLE ONLY WITH UNANIMOUS ~ONSENT OF THE COUNCIL. MoTION CARRIED. IT WAa MOVED BY HAWN, SECONDED BY DAVIS THAT THE BILL BE APPROVED. ALL COUNCILMEN PRESENT VOTING AYE, THE BILL WAS DECLARED PASSED AND NUMBERED~. ALLEN ABSENT. COUNCIL BILL NO. 353 -RE;, LEVYING ASSESSMENTS FOR THE CONSTRUCTION OF SIDEWALK ON THE NORTH 18 siDE OF,24TH BETWEEN RAMEY A~D McMILLAN~ WAS SUBMITTED AND READ THE FIRST TIME, IN FULL. 18 \ , IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE BILL BE LAID OVER AND THAT NOTICE BE GIVEN TO THE AFFECTED PROPERTY OW~ERS. MOTION CARRIED. ". i r RESULUHuNS A, RESOLUTION - TRANS.':1.!.T,TIN,G TO, THE PLANNING COMMISSION APPLICATION ,FOR REZONING, WAS SUBM I TTED AND; READ AS F'OLLYWS; . "BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY Of EUGENE, UREGON THAT T~ERE IS HEREBY TRANSMITTED TO THE CITY PLANNING COMMIsSIoN OF SAID CITY, THE FOLLOWING PETIT,ION FOR REZONING OF PROPERTY IN SAID CITY, TO-WIT; LJONEL & EVALENA MCMAHAN LoT.S I~ AND 20, BLOCK 3, RIVERWOOD ADDITION. PROPERTY LOCATED AT 908 WEST FIRST AVENU~ REQUESTED CHANGE FROM R-I (::;INGLE FAMILY DISTRICT) TO I-I (LIGHT INDUSTRIAL DISTRICT) AND DIRECTING THE PLANNIN,G COMMISS,loN TO ADOPT A TENTATIVE REPORT AND To HOLD A HEARING TH~REON IN THE COUNCIL CHAMBERS IN THE CITY HALL OF SAID CITY ON TUESDAY, MAY 4, IY48 AT 7;30 P.M., AFTER GIVING DUE NOTICE BY PUBLICATION ONCE IN THE EUGENE REGISTER, GUARD, AND IN CASE OF FAVORABLE REPORT Of SAID REQUEST, A HEARING IS HEREBY CALLED TO BE HELD AT THE CITY HALL AT THE NEXT " ' ENSUING REGULAR COUNCIL MEETING, COMMENCING AT 7.3uP.M., NOTICE OF WHICH SHALL BE GIVEN THREE TIMES IN THE EUGENE REGISTER-GUARD." IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE RESOLUTION BE ADOPTED. MOTION CARRIED. , NEW BUSINE::;S THE CI~~ MANAGER SUBMIT~~O A Copy OF A RESOLUTION RE. HIGHWAY ACCESS THROUGHCITIES ADOPTED 2v BY THE UREGON STATE HIGHWAY COMMiSSiON APRIL 20, 1948. ~ "WHEREAS, THE i..EGISL,A,TURE ,BY THE ENACTMENT OF SECTIO~ IVU-122, U.C.t...~., SAID; "THE COMMISSION IS AUTHORIZED AND ,DIRECTED. WHENEVER THE ROUTE OF ANY,STATE HIGHWAY PASSES THROUGH THE CORPORATE LIMITS OF ANY INCORPORATED CITY OR TOWN OF THIS STATE, TO SELECT AND DESIGNATE THE STREET OR STREETS ,OR SUCH INC~RPORATED CITY OR TOWN OVER WHICH THES~jD STATE HIGHWAY SHALL BE ROUTED," AND WHEREAS, BY THE ENACTMENT OF SECTION luu-124 U.C.L.A., THE UREGON LEGISLATURE HAS SAID;, "COMPLETE J4RISDICTION AND CONTROL OF STREETS TAKEN OVER BY THE HIGHWAY COMMISSION AS PROVIDED IN THIS ACT SHALL BE VESTED IN THE HIGHWAY COMMISSION AND SHALL EXTEND FROM CURB TO CURB, OR, IF THERE BE NO REGULAR ESTABLISHED CURB, THEN SUCH CONTROL SHALL EXTEND OVER SUCH PORTioN OF THE RIGHT OF WAY AS MAY BE UTILIZED BY THE HIGHWAY COMMISSION FOR HIGHWAY PURPOSES. RESPONSIBILITY FOR AND JURISDICTION OVER ALL OTHER PORTIONS OF SUCH STREET OR ROAD SHALL REMAIN IN THE CITY OR TOWN", AND W~EREAS, THE COMMI~SION IS BY LAW AUTHORIZED TO ACQUIRE, IN ADDITION TO FEE TITLE TO THE REAL PROPERTY OVER WHICH A STREET OR HIGHWAY IS CONSTRUCTED, ALL ,RIGHT OF ACCESS FROM ABUTTING PROPERTY TO THE HIGHWAY To BE.CONSTRUCTED, RELOCATED, OR WIDENED; AND - . II I: I II , I I I ~ , I I 1~~ uD I WHEREA~, THE UREGON LEGISLATURE IN RECOGNITIoN of THE PROBLEMS AND RESPONSIBILITIES WHICH ARISE IN CONNECTION WITH THE CONSTRUCTION, MAINTENANCE, AND APERATluN or PUBLIC HIGHWAY, WHETHER THEY BE STATE HIGHWAYS, COUNTY ROADS, OR CITY STREETS, SAID: "THE KIND, CHARACTER AND VOLUME OF TRArFIC NOW MOVING OVER PUBLIC HIGHWAYS, THE SPEED AT WHICH SUCH TRArFIC MOVES, THE PRIME AND ESSENTIAL FACTORS SUCH AS SPEED, SAFETY AND CONVENIENCE To WHICH TRANSPORTATION or PERSONS AND PROPERTY OVER PUBLIC HIGHWAYS IS ENTITLED, THE RELATioN WHICH SUCH TRANSPORTATION BEARS TO THE TRANSPORTATION SYSTEMS or OTHER STATES AND OF THE NATION AS A WHOLE, AND THE EVER-INCREASING TOLL OF INJURY TO AND DEATH Of PERSONS, AND THE DESTRUCTION OF AND DAMAGE TO PROPERTY CAUSED AND RESULTING FROM ACCIDENTS ON PUBLIC HIGHWAYS CONSTITUTE AND ARE CONDITIONS AND ELEMENTS WHICH DEMAND or HIGHWAY orrlCIALS A PROGRAM OF HIGHWay DESIGNING, HIGHWAY REGULATIONS, HIGHWAY USE AND OPERATION, HIGHWAY CONTROLS AND HIGHWAY SAFEGUARDS WHICH WILL MAKE POSSIBLE AND WILL INSURE A DEGREE OF SAFETY AND CONVENIENCE AND A TYPE AND CLASS or SERVICE NOT POSSIBLE UNDER EXiSTING LAW"; AND ......4 c..~ :.H , , ....~.." ~., I WHEREA~, THE CITIZENRY OF THE ~TATE OF UREGON, SPE~ ING THROUGH THE LEGISLATIVE ASSEMBLY MADE THiS SOLEMN PRONOUNCEMENT: "Tu THE END THAT HUMAN LIVES MAY BE SAVED, PROPERTY DAMAGE MINIMIZED, TRANSPORTATION BY MOTOR VEHICLE PROMOTED, AND HIGHWAY TRAVEL IN GENERAL SAFE-GUARDED, THE LEGiS- LATURE HEREBY DOES FIND, DETERMINE AND DECLARE THAT THIS ACT IS NECESSARY rOR THE PRESERVATION OF PUBLIC SArETY, THE IMPROVEMENT AND DEVELOPMENT OF TRANSPORTATION FACILITIES IN THE STATE, THE PROTECTION OF HIGHWAY TRArrlC rROM THE HAZARDS or UNRESTRICTED AND UNREGULATED ENTRY FROM ADJACENT PROPE~TY, THE ELIMINATION OF HAZARDS DUE To HIGHWAY GRADE INTERSECTIONS AND IN GENERAL THE PRO- MOTION OF PUBLIC WEL.ARE"; AND WHEREA~, HIGHWAY AUTHORITIES THROUGHOUT THE NATION HAVE BY EXPERIENCE FOUND THAT THE CAPACITY OF A HIGHWAY TO ACCOMODATE LARGE VOLUMES or TRArrlC DEPENDS NOT ONLY ON THE WIDTH OF HIGHWAY SURFACE THE NUMBER OF TRAFFIC LANES, AND THE USE or ~AFFIC CONTROL SIGNALS, BUT DEPENDS WITH EQUAL SIG- NIFICANCE ON THE EXTENT TO WHICH A THOROUGHFARE IS OPENED AND SUBJECTED TO ACCESS rROM SUCH THOROUGHrARE TO ABUTTING PROPERTIES AND INTERSECTION STREETS, AND ON THE EXTENT TO WHICH ACCESS FROM ABUTTING PROPERTIES AND INTERSECTION STREETS, AND ON THE EXTENT TO WHICH ACCESS rROM ABUTTING PROPERTIES AND INTERSECTING STREETS TO SUCH THORDUGH.ARE IS ALLOWED BY CONSTITUTED AUTHORITY, AND I WHEREA~, THE USE BY THE HIGHWAY COMMISSION OF FUNDS MADE AVAILABLE TO THE ~TATE OF OREGON BY THE FEDERAL GOVERNMENT IS CONDITIONED IN A LARGE MEASURE ON APPROVAL BY THE PUBLIC ROADS ADMINIS- TRATION OF THE TYPE AND DESIGN or HIGHWAY, rOR THE CONSTRUCTION OF WHICH SUCH rEDERAL rUNDS ARE TO BE USED AND ALLOCATED, AND IN THIS CONNECTION THE PUBLIC ROADS ADMINISTRATION WHEN CONSIDERING THE PLAN AND DESIGN or A HIGHWAY GIVES DUE AND SEARCHING CONSIDERATION TO THE CAPACITY OF SUCH HIGHWAY, INCLUDING THE FACTORS OF SArETY, WHICH WILL ATTEND AND SURROUND THE HIGHWAY WHEN THROWN oPEN To TRAF,IC, AND WHEREA~, IT IS DEEMED BY THE HIGHWAY COMMISSION APPROPRIATE AND ADVISABLE THAT THE PU~ICY OF THE STATE, IN SO rAR AS SUCH PO~ICY MAY BE DEFINED AND EXPRESSED BY THE COMMISSION, BE FIXED, DETERMINED, AND MADE A MATTER OF PUBLIC RECORD, NOW, THEREfORE, BE IT AND IT HEREBY IS RESOLVED BY THIS COMMISSION, ALL MEMBERS BEING PRESENT AND VOTING ArrlRMATIVELY AS rOLLOWS: I. THAT THIS COMMISSION DOES HEREBY RECOGNIZE AND CONrlRM THE PRINCIPLES ANNOUNCED BY THE LEGISLATURE IN THE ENACTMENT or SAID THROUGHWAY LAW. 2. THE COMMISSluN DOES HEREBY DISCOURAGE AND DENOUNCE THE INTERRUPTION OF THE ORDERLY MOVEMENT OF TRAFrIC, THE UNNECESSARY HAZARDS WHICH ARE CREATED BY THE ESTABLISHMENT OF PoINT 0, ACCESS rROM ABUTTING LANDS TO MAIN ARTERIRES, AND CORRESPUNDING PoiNTS 0, ACCESS .ROM MAJOR TRA"IC ARTERIES TO ABUTTING PROPERTY, AND THE IMPAIRMENT or THE CAPACITY OF A HIGHWAY WHICH RESULTS rROM UNRESTRAINED AND PROMISCUoUS ACCESS ,ROM ABUTTING PROPERTY TO H'I:GH.wAY AND FROM HIGHWAY TO ABUTTING PROPERTY. I 3. fULLY RECuGNIZING THE EXTENT To WHICH MAIN THOROUGHFARES ARE IMPAIRED, THE CAPACITY or THE HIGHWAY DIMINISHED, UNNECESSARY TRArrlC HAZARDS, INTRODUCED AND OTHER DESTRUCTIVE FACTORS AND AGENCIES IMPOSED ON THE GENERAL PUBLIC BY THE INTRODUCTION or UNCONTROLLED AND IMPERrECTLY REGU- LATED ACCESS POINTS, THE ESTABLISH~ENT OF CuMMERCIAL ZONES, TOGETHER WITH OTHER PRACTICES WHICH SERVE PRIMARILY LOCAL AND INDIVIDUAL INTERESTS, THE COMMISSION DOES HEREBY riND AND DECLARE THAT PUBLIC WELFARE WARRANTS AND DEMANDS COMPLETE, WHOLESOME, AND CONSTRUCTIVE COOPERATION BETWEEN THE STATE, REPRESENTED BY ITS HIGHWAY COMUlUSION, A~D THE CITIES or THE BIATE, REPRESENTED av THEIR MUNICIPA~ AUTHORITIES "To THE END THAT HUMAN LIVES MAY BE SAVED, PROPERTY DAMAGE MINIMIZED, TRANSPORTATION BY MOTOR VEHICLE PROMOTED, AND HIGHWAY TRAVEL IN GENERAL SA,EGUARDED". I 4. THAT THIS PRONOUNCEMENT AND DECLARATION OF POLICY BE GIVEN WIDE PUBLICITY, AND STATE-WIDE COOPERATION Is REQUESTED TO THE END THAT THE BEST INTERESTS or THE STATE MAY BE SERVED, THE ROAD USERS' MUNEY WISELY INVESTED, AND THE COMMON GOOD OF ALL MADE THE OBJECTIVE OF HIGHWAY OFrlCERS _ STATE, COUNTY, AND CITY. 5. THAT THIS RESOLUTION BE ENTERED IN THE MINUTES AND RECORDS OF THE HIGHWAY COMMISSION AS OF THE I~TH DAY of APRIL, 1948, AND THE SECRETARY INSTRUCTED To PREPARE A sur,lCIENT NUMBER OF COPIES OF THE SAME SO THAT A CORRECT CUPY MAY BE MADE ~VAILABLE To THE PUBLIC ROADS ADMINISTRATION AND To THE MAYOR OF EACH CITY or THE STATE, TO THE SEVERAL COUNTY COURTS, TO THE SUPERINTENDENT or STATE POLICE, TO THE PUBLIC UTILITIES CUMMISSIONER, AND TO OTHER PUBLIC OF,ICIALS." IT WAS MOVED BY JOHNSON, SECONDED BY BAILEY THAT THE RESOLUTION BE RECEIVED AND PLACED ON FILE. MOTION CARRIED. .~ ~56 c~.l: ..... <1 ~ c.ra -- v. ~ A REPORT FROM THE CITY RECORDER WAS SUBMITTED AND READ ~S FULLuWS~ ~164 PETlTIUNS ORDERING A REFERENDUM ON ORDINANCE No. '9125 \RECLASSIFICATIUN OF BYER'S PROPERTY), PASSED BY THE COMMON COUNCIL ON MARCH 22, 'IY48 AND APPROVED BY THE MAYOR ON MARCH 23, 1948, HAVE BEEN FILED WITH MY OFFICE AS OF 4;3u P.M. ON THE ABOVE DATE {APRIL 22}. THESE PETITIONS, IN MY uPINION, ARE IN PROPER FORM AND ARE ACCOMPANIED BY A CERTIFICATE SIGNED BY THE CUUNTY CLERK STATING THAT HE HAS COMPLIED WITH THE PROVISiONS OF SECTION 81-28,,4 o.C.L.A. AND THAT: HE FINDS 2,137 SIGNAtURES TO BE SENUINE SiGNATURES. STATED ALSU IN THE CERTIFICATE I~ THE 'OFFI~IAL COUNT ON REGiSTERED VOTERS IN THE CITY AS OF THE DAY THE LAST PETITioN WAS SUBMITTED FOR CHECKING. THIS COUNT IS 15,uY4 LEGAL VOTERS OF THE CITY. IT APPEARS THAT THE REQJ IREMENT FOR THE REFERENDUM, OF SIGNATURES NUMBERING TEN PER CENT 'OF THE LEGAL VOTERS OF THE CITY (SECTIONS 81-2112, O.C.L.A.) HAS BEEN MET AND THAT ORDINANCE No. 9125 CANNOT BECOME OPERATIVE UNTIL IT IS APPROVED BY THE PEOPLE AT A FUTURE ELECTION." I I IT WAS MOVED BY CRUMBAKER, SECONDED BY WELLS THAT THE REPORT OF THE RECORDER AND THE PETITIONS BE RECEIVED AND PLACED ON FlkE AND THAT THE MATTER OF THE REFERENDUM TAKE ITS USUAL COURSE AS PRE- SCRIBED BY'STATE STATUTE. MOTI~N CARRIED. UPUN, MOT ION THE COUNC I'L ADJOURNED. . RESPECTFULL V SUBM I TTED', DEANE l:>EEGER CITY MANAGER I " .--..!"'~ I I ....,