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HomeMy WebLinkAbout05/04/1970 Meeting r'" JIY ~ e - 5/4/70 Council Chamber Eugene, Oregon May 4, 1970 I I I II II Special meeting of the Common Council of the city of Eugene was called to order by,His Honor Lester E. Anderson at 7:30 p.m. on May 4, 1970 in the Council Chamber, with the following councilmen present: Messrs. McDonald and Teague; Mrs. Beal and. Mrs. Hayward; Messrs. Mohr and Williams. Councilmen Purdy and Gribskov were absent. I. Vacation, 13~h Avenue between Kincaid and Agate Streets A. Letter from President Clark, University of Oregon, requesting vacation - staff Manager read a letter addressed to the, Mayor from President Clark dated April 29, 1970 formally requesting Vacation of 13th Avenue between Kincaid and Agate. B. Report on legal processes to achieve a street vacation - City Attorney Hendershott City Attorney outlined a schedule of date of ordinance initiating vacation and calling a hearing. He said the City Council has authority to vacate streets, plats and alleys. e C. Motion to adopt ordinance. C.B. 9152 - providing for official public hearing on question of vacating 13th Avenue between Kincaid Street and Agate Street. , Mr~ Teague moved seconded by Mrs. Hayward moved that the Council adopt the ordinance. I I D. Background, Information 1. City Staff - City Manager pointed out that the ordinance requested vacation between Alder and Agate so that the Council, at the public hearing, could consider all of the area betweenthose streets, or a lesser part. a. Previous Consideration - City Manager outlined various studies and recommendations made by the University during the period from 1956 through 1968. He explained the costs of various alternatives proposed. I Staff will have a report and recommendation for the official public hearing. Manager suggested that temporary closures be authorized so that studies may be made of effect of closure and possible alternative routes. b. Utility and Safety Considerations - If vacation becomes a reality, city will need to retain easements for all utilities for the entire length of East 13th. Also, a fire lane should be provided. 2. University of Oregon Staff - Mr. Larry Bissett, Associate Director of Office of Planning and Institutional Research outlined on a map suggestions for use of the property if the Vacation is achieved. He reviewed recent activities of the Campus Planning Committee and explained student surveys. E. Public Participation Councilman McDonald requested that the Council consider allowing one hour for presentations for each side of the question. Council agreed. Mr. Thomas Hedgpeth, 939 Jefferson, said he represented 40 or 50 people concerned for law enforcement. He read a statement against the barricade, and asked that the Council reschedule its meeting to May 11th, since they felt the Council had acted under duress in scheduling it for this time. I There was no motion from the Council to reschedule. -f~ The A.A. Action Group of the University and Community, represented by Mr. Richard Britton, outlined what students of the University School of Architecture and Allied Arts felt could be done with the campus if 13th Avenue was vacated. They showed slides demonstrating various uses. - Mr. Jim Teasdale explained that barricading of the street was representative of many issues, and not just the fact that students wanted 13th closed. , Mr. Bob Winger said he had been in student government for four years. He outlined stud~es made while he was on the Campus Planning Committee, and results of these studies. He urged that action be taken to close 13th Avenue. 'Professor Fred Cuthbert said he represented the University, and thaili he was a member of the eampus Planning Committee. He extended regrets of Fiscal Affairs Director Orville Lindstrom, and said he was ill. II I Professor-Cuthbert outlined past history of University involvement in attempts to close 13th Avenue. He said its use for traffic presents a jazard for school and faculty. He felt closure could make the campus core a fine place for the university, and benefit the community as a whole. He requested that the closure extend at least to Onyx. He said he was in favor of closure on a trial basis for study. I Mr. Tom Chock, 1790 Alder, presented a petition for closure signed by 1300 students, and said these were in addition to those presented last week. e I I I, ~:, 5/4/70 - 1 ;! " e' "ll 148 5/4/70 I ,_M!'s,. Buth -Kominek, President of the State Board of ~Uni versi ty of Mothers'iS-aid she had long been-aware of the hazardous conditions on this street, 'and recommended this closure. II I I I I I Ii I Mr. Helmut Plank, 2034 Alder; Harrison Van Allen, 2296 Patterson Drive; Lance Sparks, 1460 Oak; Ira Franke~; 2447 Kincaid, all spoke in favor of the closure, citing hazards to-students, and an opportunity for beautification. Mr. Ron Eachus pointed out that the student union has been overcrowded, and felt activities could spread out if this area was vacated. He suggested a temporary closure to study traffic problems and benefits to be received from closure. Mr. Gribskov entered the meeting. <I) Mr. Albert T. Murray, 3558 Birmingham Way, asked who was initiating the vacation, who would be paying for alternate routes, and cited Oregon Revised Statutes regarding vacation procedures, saying this request was not legal. City 'Manager pointed out that this hearing was to determine whether there woiliilid be a hearing called on the vacation. At that time, information will be available regarding alternate routes and costs. e I II II 11 II I I Frank Bonson, designer, pointed out things that should be considere before vacating the street, and felt all city departments should be consulted. Mr. Dennis Kottke, 479 Blair; Mr. Lee Knowles, 850 Ranchwood Drive, said they were sym- pathetic to university needs, but deplored the illegal action of the students. Earl Schulze, 857 Ranchwood, felt students were transient, and longer range citizen needs should be considered. I Mr. Charles Cline, 2984 Floral Hill, was also concerned that proper procedures be followed for vacation. City Manager outlined usual procedures for vacations, and ex- plained that Planning Commission and other departments make investigations and then recommendations to staff. Mr. Willard Alfson, 2500 Forrester Way, wanted to know if the public could vote on this issue. Manager explained the motion would be voted on by the City Council, and outlined procedure for passing an ordinance. I [I II r II \1 I I I I 'I II Mr. William Eimstad, 1717 Washington, suggested that the campus be a closed campus, and cited examples which were successful. Mr. Jim Breeden, 179 Brae Burn, requested that this issue bepput before the people for a vote. Delcfna Elliott, 940 East 23rd, suggested that this closure be done in such a way that it would be a community project, and would improve relations between the University and the community. Mr. Thomas Hedgpeth; Mr. Moe Moyer 2565 Lincoln; Mr. William Hedgpeth, 1991 East 19th, said they did not object to closure of 13th, but they did object to methods used to force this decision. City Manager read letters from Gordon C. York, 1399 Franklin Boulevard, and Northwest Christian College, Eleventh and Aler, suggesting alternate plans for closure. Norfuh- west Christian Col~ege requested that plans for alternate routes not take any of their property. e A message from Maynard Flodeen, 979 Laurelhurst, suggested that overpasses be built, rather than street closure. I Ii II II I \ II I I I I I , II I! I: I: I' In answer to Councilman Williams question, Mrs. Betty Niven, Planning Commission member, said the Planning Commission does not have to hold a public hearing; but will make a recommendation to the Council. She said the Planning Commission has a very full schedule with hearings on the General Plan, and it will be most difficult to make this recommen- dation within the next month. Councilman Mohr requested that three items be made exhibits for the public hearing: 1) Legal status of Vacation proceedings; 2) a commentary from the Technical Advisory Committee, from E-SATS or Citizen Advisory Committee addressing itself to some of the questions raised; 3) a statement from the State Board of Higher Education addressing itself to the obligation t0ward expenses which might be incurred. In answer to Councilman Williams, the Manager said a public hearing can only be called on' a vacation through adoption of an ordinance.r It must be advertised and posted for a certain length of time. Mr. Teague moved to amend the motion that this ordinance be held over for consideration at the meeting three weeks from this date. Motion died for lack of a second. e Mr. Williams moved seconded by Mr. Teague to ask the Planning Commission for a recommend- ation on closure of 13th, and postpone the hearing until the specific information requested by Councilman Mohr has been received. 5/4/70 - 2 " !I I, II i[ :1 II I' il I II I ,I II II , I I il I I II ,( II Ii ,I ': II II II II II II II II I I ,I ~ I Ii I[ !I !I II I , il 'I II \1 II 1\ Ii Ii I' , ..... r- 2-49 ..... '-, e 5/4/70 In answer to a question of procedure, Assistant City Attorney ruled that it was Mr. Williams intent to amend the original motion. I ! I ! 1 I ! !I II II II I Mr. Williams agreed,_and said it was his intent that the Council be provided with adequate data before any decision was made, and to allow tempers to cool off. ' Mrs. Hayward agreed th~t the information was necessary, but felt the University could not be requested to provide information until a public hearing had been called. Councilman Mohr pointed out that this eould be accomplished by the procedure of not giving unanimous consent to second reading at this time. I Vote taken on amendment. Councilmen Williams, Teague, McDonald and Gribskov voted in favor. Councilmen Mohr~ H~wyard and Beal were opposed. Amendment carried. Vote taken on main motion as amended. II I I i I In answer to request for rUling, Assistant City Attorney said the amendment would put the ordinance in a limbo. City Manager suggested,it should be tabled. e Councilman Mohr said he felt the amendment was out of order, and again pointed out delay could have been accomplished by following regular procedures. Mr. Williams suggested that it might be practical to make three motions, and moved, seconded by Mr. Gribskov, to reconsider his motion to amend Council Bill No. 9152. 'I Jj , I Manager clarified for Mrs. Hayward necessitate contact with the State mation he asked for was to be made Mr. Williams motion. that a Planning Commission recommendation might Board. Mr. Mohr asked to make -it clear that the infor- part of the hearing record, and had no connection with I Vote taken on motion to reconsider. Motion carried. Mr. Williams moved secondedcby Mr. Teague to veille again on his motion to amend the main motion. On this vote the motion failed. Mr. Williams moved seconded by Mr. Teague to table Council Bill No. 9152. Mr. Gribskov said he felt in an awkward position, since he will be out of the city for the next five weeks, but he wanted it known he agreed with Mr. Mohr on due process, and the safety features built into Council p~ocedures. Vote taken on motion. favor of the motion. Motion failed. Councilmen Williams,ailleague and McDonald voted in COuncilmen Hayward, Mohr, Gribskov and Beal voted against. Vote taken on main motion as stated in Item IC of these minutes. Motion' carried with Mr. Williams voting no. Mr. Teague moved seconded by Mrs. Hayward that the bill be read the second time by council bill number only, with unanimous consent of the Council. Motion carried. Mr. McDonald y.o~ed no. I H. Motion requesting Planning Commission Recommendation - Mrs. Beal moved seconded by Mrs. Hayward that the Council request the Planning Commission to make a report on closing 'of 13th Avenue, and give this matter top priority in their deliberations. Motion carried. Councilwoman Hayward asked that the State Board of Higher Education be alerted to the fact that the Council has now moved in the direction to call a public hearing. She asked that they ~egin meeting with city staff. City Manager said they should be notified of this restudy, and that they participate through university or city staff. e Mr. Mohr moved seconded by Mrs. Hayward that 13th Avenue between Kincaid and' University be temporarily closed, conditions for such closure to be at t~e discretion of the City Manager. Mr. Mohr said the Council had indicated a desire to obtain information and datg, and this closure should facilitate acquiring that data. Manager asked to extend the motion from Kincaid to Agate. Mr. Mohr, seconded by Mrs. Hayward, amended the motion to temporarily close 13th Avenue from Kincaid to Agate. II In ,answer to Councilman Teague, the Manager said it takes time for a traffic pattern to develop, and they were planning that a closure be for a two week period. Mr. Teague moved seconded by Mr., Williams to amend the motion to request the administra- tion to corne back with a plan for temporary closure of 13th Avenue at the meeting of May 11. I Vote taken on amendment. Motion carried, with Mr: Mohr and Mrs. Beal opposed. Vote taken on main motion as amended. Motion carried. e 5/4/70 - 3 ,I i ~ .... e 150 5/4/70 I II. Consideration of election to submit to the voters a special levy outside the 6% limitation for balancing the 1970-71 budget. II 1\ I I Resolution No. 1815 - Submitting budget appropriation in excess of 6% limitation at special city election May 26, 1970~ was submitted and read in full. Mr. Teague moved seconded by Mrs. Beal to adopt the resolution. There was Council discussion whether the budget should be on the ballot of May 26, since there are still some items unresolved. Manager explained tqat it would save money to do it in this manner, since the City expense would be only for counting of ballots. After further discussion a vote was taken on the motion. Motion carried with Mr. Me dmald voting no't. Upon motion duly made, seconded and carried, the meeting Wd~' l' McKinley Ci ty Manager e I I I I II I' II I[ I: II II II II II II I , I I I I , I I, I' ,I II II II I e I I II II II Ii I I I I I I II I I I e I! ....