HomeMy WebLinkAbout06/29/1970 Meeting
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Council Chamber
I Eugene, Oregon
June 29, 1970
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Adjourned meeting of the Common Council of the city of Eugene, Oregon was called to order by His II
Honor Mayor Lester E. Anderson at 7:30 p.m. on June 29, 1970 in the Council Chamber, with the
,[ following Councilmen present: Messrs. McDonald and Teague, Mrs. Hayward, Dr. Purdy, Mrs. Bea1, II
and Messrs. Gribskov, Mohr and Williams. If
1. .Proc1amation, Budget Election of June 25, 1970 - The City Manager read the proclamation and II
reported on the special election. il
Mr. McDonald moved seconded by Mr. Teague to accept the report of the City Manager on Measure !1
No. 61, concerning the, special election outside the 6% tax limitation. Motion carried. Ii
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It was the Council consensus that Thursday, July 2, 1970, would be suitable for the Budget
I Committee meeting. Mr. Williams will be unable to attend.
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e I Mayor Anderson commented that it was a great disappointment to the members of the Budget
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I' Committee that the budget failed to pass, particularly, that such a small percentage of I
registered voters turned out. He thanked those who worked on the campaign, especially. the
Jaycees, who handled the door to door campaign and distributed leaflets. ,I
2. Public Hearing, Vacation of 13th Avenue from Alder to Agate - On May 25, 1970, the Counc i1 Ii
initiated the vacation of 13th Avenue by Ordinance No. 15965. On June 15, 1970, a Ie tter II
written by Orville Lindstrom for President Clark to Dr. Roy Lieuallen recommended the vacation. 'I
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il On June 17, 1970, J.I. Hunderup, representing the State Board of Higher Education, wrote to II
.- Mayor Anderson requesting that the Council close and vacate 13th Avenue from the east side of II
Kincaid to the west side of Agate Street. The Planning Commission, at its meeting of June 22, I
recommended the closure of 13th Avenue from Kincaid Street to University Street, subject to II
conditions. 'I
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Mr. Al Williams, Traffic Engineer, reported the results of the test closures, and demonstrated
graphically present traffic flows, traffic patterns after closure of 13th Avenue and the
projected traffic volumes in 1985. He outlined minor problems, and said that planning must I
be done to alleviate problems. He concluded that 13th Avenue can be vacated and closed to I
vehicular traffic, providing the conditions and recommendations are met. The conditions, as Ii
I outlined on the Planning Commission report, are as follows: II
:1 a. Emergency access for fire equipment to be resolved. 'I
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b. Access by various utilities to. be resolved.
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I c. University to agree to notify all vendors and service vehicles of required routes. II
d. The actual plans for removing curbs, installing new improvements and etc. to be
I approved by the city of Eugene in order to protect utilities regarding conditions II
I a and b. II
, e. Submit a plan showing the initial barricading to close off the street and the
landscaping buffering at the barricading points or where necessary in order to Ii
insure an effective closure. !I
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f. That the City Council address itself to the possibility of using money received il
from the vacation of East 13th Avenue from Kincaid Street to University Street to 'I
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~I j resolve the most critical traffic problems in this area. II
Mr. Williams demonstrated by video tape the traffic volumes before and during the closure.
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I Mr. Larry Bissett, Associate Director of the Office of Planning and Institutional Research I
, at the University of Oregon, said that he had reviewed the recommendations of the Planning Ii
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II Commission. He said that the University would agree to the suggested conditions, and that
the University Landscape Architect was being commissioned to design specific closu~e .of the I
I! street at both Kincaid and University Streets. He said that the University does not have I
e I funds to carry out the complete re-development of the street area, and that the University
I improvements will be modest in nature. I,
I' Regarding the sixth recommendation, the'money for the vacation to solve the most critical II
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Ii traffic problems in the area, the University does not have the funds or the authority to II
II use funds for this purpose. This question would have to be addressed to the State Board I'
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I of Higher Education, or perhaps even to the State Legislature. As far as reimbursement for Ii
the acquisition of ~acated properties, this is inappropriate in this case. The request for
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I the vacation does not have monetary gain for the University. The question of contribution If
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I to the general development of traffic facilities should be handled on a broad basis, possibly , I[
I with the legislature. II
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,I Mr. Thomas Hedgpath, 1526 West Second, said that at one time he was in favor of closure of II
Ii 13th Avenue,. but has .just about changed his mind. He was concerned about what to do with the 'I
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traffic diverted from the street. He did not think that the hazard was as bad as the students I,
I Ii said, and that the closure of the street would cause great inconvenience. II
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! Councilman Teague suggested that rather than close the street permanently, a gate could be II
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, installed and that it could be opened at night.
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Ii Councilman Williams asked about the process of transferring property from one governmental
'I institution to another and about the recent refusal of the state to transfer property to the ,I
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I, City. 'I
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e " The City Manager said that this property would be sold to a governmental unit for one-half the 'I
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I' appraised price. In the past, the state has transferred property with no money involved. !,
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If In, answer to Mr. Mohr, the City Manager said that Mr. Bissett had a valid argument, in that the I-
I University did not intend to build on the property.
I Dr. Purdy felt that some agreement should be reached with the University for the exchange of
j, property at' a later date for the construction of means to carry rerouted traff~c.
I Mr. G;ibSkov ques~ioned whethe; the City could afford to'give away this property without some
I agreement on an 18th Avenue to 19th Avenue connector. .
II' In aIaver to the City Manager's question, the Traffic Engineer said that a left turn pocket
1, would be required ~t ll~h an~, Frankl~n. 18t? and Agate would be low in priority at this time.
18th Ayenue an~ 'Unlvers~ty ~l~l requlre parkl~g remov~l. . .
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There was further discussion about the priorities and the future routing plans.
Regarding funding of barricades and the resolution of,traffic problems, eouncilman Teague felt
that these should be resolved with the University before an,official closure of 13th Avenue.
He did not feel that the City had funds available to finance~ignalization-and rerout~ng. ~
The Ci tyManager commented that Mr. Bissett had said that the .Uni versi ty ,wo-uld fund the b2lrri-
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cading but had no funds available-to completely develop the entire l~ngth of the 13th Avenue
right of way.
Mayor Anderson pointed out that the Gouncil should m~ke a commitment regard~ng the clos~re of
. 13th Avenue, then work out the condHions to be resolved with the - Uni versity. '- It will be I-
in~umbent upon the University to assume service and internal controls. . The City will have to
work with them on ~hysical pr~blems. _
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I Mr. ~cD~nald moved secon~ed by Mr. Teague that the Council accept and. uph~ld the Pl~n~in~--, .~
Commlsslon's recommendatlon on the closure of East 13th Avenue from Klncald Street to1;:pe west
of University Street, subject to conditions outlined by the P~anning Commissio~ and that--;the
staff work out any additional problems which may arise: -- - - .
I, Councilman Wiiliams:~eferred to Item 6 of the Planning Commissi~n report, ,anq,moved'seconded
by Dr. Purdy to amend the original motion that the Council would declare t~at'it 'belie~es in
prindpie~ that the .Uni versi ty of Oregon should provide funds for traffic improvement ~n that
area, in the future.
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Dr. Purdy suggested that something might be included in this amendment re~erri~g to.future
-requested closures. He 'felt that the entirE: question- ~houl~ be discussed 'and solved at one
time. -- . .
,II Councilman Williams did no'~ '"qUarrel with t~is conce,pt:, ,but want:ed to clarrfy ,Item 6. In
i answer to Mrs._ Beal' s suggestion, Councilmar~ -Williams said that it was d~sirable to .have
i negotiations completed before giving away that which one would negotiate with.
I Mrs. Bealdid not think that dealing with the univers:ty was iik~ bargaining with a 'business
I finn.
I .~ short break Was taken. . . I
I Upon Council request, Councilman Williams restated his motion as follows. Item 6 should state
that in prindple the' Council-'believes that the University of Oregon should compensate t'ne city
of tugene for the property to be vacated 'on -13th Avenue and that the c~mpens'atlon:sho~ld take
I the form of 1)' ~ights of way to use for i,mproveme,nt- of ',traffi,c flows in the,area; -~r: 2) funds
to provide for the imp~ovement of traffic flow.
I Mr. George Boenke, 3120 Agate Street, remind:d the Council th~t the planni~& of a few years ~
ago included property on which the University later b~ilt the law building;' Because of things '
that have transpired since the original discussion of closure of 13th Avenue, the City should
get reimbursement for any land 'the Uni versi ty takes ove~r~Pie City, whether' by ,rights' of way or
exchange'"of land, as Mr. Williams proposed. -' . -
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I Councilman Moh-rsaidth<3;t he 'was going to v:ote_ against t.he amendment on two gr.o~n~s. He agreed
in part with Mr. 'Boeke's argument, but felt it could be resolved in a differentw,ay. He -~aid
I t,hat stan,dards for-streets varY' greatly', and tn,e, ,cos-t t.o :wnatever agency because "pfrpertUrb~tion
I of traffic flow in the area is not a standard for vacation ~of a street. The -motion is~mproper
I I in that it does not apply a proper standard cost of doing something trrat is only secondarily
connected with the direct problem of vacation. It does not effect public convenience, safety,
etc., WOUld-the City apply the same requireme?t upon another street vacation? He did not think
that,the Council would assess as a condition the -cost for additional traffic lights, etc. on
I other city street vacations. .: ,- ' .
I Councilman William~reminded the Council that they had just previously acted on an alley vaca- 1- ~.'
I tion with conditions for change of land attached. This is:a precedent ?nd established proper ~
II standard, for vacation. _ _' '. ,
I Mrs. Hayward said that she was concerned, th~t this amendment would put the Council. on .dead.-center
again with regard to the vacation of 13th Avenue. She felt that some action should be ta~en to
I complete the vacation. .
\ Councilman Will"iams explained that he was attempting =to clari'fy Item 6. e
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;1 I Mr. Mohr moved seconded by Mrs. Hayward that the Council approve a sub~titute motion to approve the
first five recommendations of the Planning Commission report.
I Councilman Mohr explained that Mr. William's motion could then be moved as a separate motion. The
I Council could be recorded on the motions separately.
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Dr. Pur>dy did not agree, and felt that the amendment should be voted on.. He felt that the commit-
I ment would not be binding but would put the State Board of Education on notice and give the staff I
I the authority to work with the University. I
il There was further discussion on the amendments. II
I Councilman Williams felt that when changes were made which benefited a state institution, it would III
I' be appropriate that the institution bear the costs, rather than the local taxpayers. I
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Mrs. Hayward did not feel that they were focusing on the issue. She felt that they should be Ii
discussing what would be the best traffic situation fop the community. It was her understanding I
e that these changes would have to be made anyway. . :
'Dr. Purdy cited an example of an agreement entered into many years ago with South Eugene High SChOOl.!
When the City Council vacated all streets in that area, the Sc~ool Board entered into a commitment I
regarding the extension of High Street. This will be honored with the extension of the Parkway over I'
to High Street. Dr; Purdy felt that the University should make some commitment so that when a need
for change occurs, they will fulfill the agreement.
.1". I The City Manager asked Councilman Williams what the next steps would be if the amendment were I
I adopted. .
. I Councilman Williams said that the first thing which would occur would be the clarification of the III
Planning Commission's recommendation so that the University would be clearly placed on notice as I
to the position of the City Council~ Determination of the value of vacated land would have to be II
in dollar terms. The American Association of Appraisers would be qualified to do that. He thought I
it would be desirable for the Traffic Engineer to produce a list of things needed and a set of I
priorities to improve the traffic flow in the area. Given the general value of the land ahd the
i considerations involved, the University of Oregon and the Public Works Department would have to
I agree on an exchange.
The City Manager said that the Univevsity could not do this without legislation, and that this could I
not happen before next spring at the earliest.
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I Mr. Williams felt that the University should commit itself to the working towards obtaining a high
priority on these kinds of appropriations before the Legislature and the State Board of Education.
He hoped that this would be accomplished in principle.
I Mrs. Hayward said that before the process of vacation was completed, the Council would want that I
I kind of commitment from the State Board of Higher Education. I
I Mrs. Beal said that if the interpretation of the motion is that the Uni versi ty would work towards . II
I'~ and support measures to improve traffic flow, including compensating the City by giving land where I
, needed for right of way, she'I,:would support the motion. She asked that the motion be reworded to 'I
express this idea.
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Councilman Williams thought that this was clearly present in the motion, and that it was listed as I
number one of the two alternat~ves. I
A vote was taken on the substitute motion to approve the first five conditions of the Planning II
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e ommlSSlon s report. __' Ii
I Mr. Mohr, Mrs. Beal and Mrs. Hayward voted in favor of the motion. ,Mr'., McDonald, Mr. Teague, II
II Dr. Purdy, Mr. Gribskov'and Mr. Williams voted against the motion . Motion failed. :1
1'1 In reply to Mrs. Hayward, Councilman Williams said that the intent of his motion was in no way to II
provide comp~nsation to the City: It was to p::ovide funds for traffic flow, for the rights of way, II
I and for the lmprovement of trafhc flow as a dlrect result of the ciliosure of 13th Avenue. II
I Mrs. Hayward asked if the intent was to not close 13th Avenue until those ;funds were available. il
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Mayor Anderson said that it was his understanding that they were trying to achieve a moral com~ I
mitment from the University of Oregon seeking assistance of the State Board of Higher Education and
the Legislature to provide funds which w.ould compensate for any additional expense, which could be I
negO~i.~te~ bet~een the City and the Univers~ty for :e::tain traffi: improvement~, land, acce~s, etc. I
: ~f the Unlverslty would agree to form a pollcy provldlng for seeklng funds,thls would sufflce.
J~ 'i This would meet the conditions of Councilman Williams' motion. I
q, Councilman Williams agreed that this was correct. What he was requesting was a public commitment. I
If made in good faith, this would suffice. I
I Mayor Anderson suggested that the ~~nd~ent be ~dopted. which would then become part of the Planning I
I Commission's recommendation under Item 6. This could be adopted as a policy for the Council to
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II follow. Council Bill No. . 9228 could be read the second or third time, awaiting reply from the
e 11 Uni versi ty as to how it intended to meet this commitment.
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/ Mr. Mohr requested that some time schedule be made for.these commitments. Could they be scheduled I
I for three or four bienniums or should the commitment be part of the 1971 biennium?
Councilman Williams said that if the decision were his, he would ask it to be part of the 1971 capi-
tal construction list as far as 11th Avenue and the Franklin Couplet. He felt that the Council should
clearly go on record that the University should agree to this in principle.
A vote was taken on the amendment. All councilmen present voting in favor; except Mr. Mohr, motion
carried.
A vote was taken on the main motion to adopt the report of the Planning Commission as amended.
Mrs. Hayward, Mrs. Beal, Dr. Purdv and Mr. Williams voted ih favor of the motion. Mr. Teague,
Mr. Mohr, Mr. Gribskov and Mr.M~Dopald ' opposed the motion. The Mayor broke the tie by voting in
favor of the motion. Motion carried.
In answer to the Traffic Engineer's request for clarification whether he was to arrive at a list of
priorities and whether to try to make some judgment rega~dingthe percentage of responsibility of
the University, Mayor Anderson said that this was not his intent. .He felt that this was a moral e
commitment and that the Council was asking for the University to help the City to provide necessary
funds to alle~iliate some of these problems.
Council Bill 9228 - Vacating 13th Avenue from east margin of Kincaid Street to west margin of
University Street, reserving utility easements was submitted and read in full.
Mr. McDonald moved seconded by Mr. Teague that the bill be read the second time by council bill I
II number only, with unanimous consent of the Council. Motion carried unanimously and the council bill
was read the second time by council bill number only.
II Mr. McDonald moved seconded by Mr. Teague that the rules be suspended and the bill read the third
I time~by council bill number only, with unanimous consent of the Council. Motion carried unanimously
I and the bill was read the third time by council bill number only.
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II Mayor Anderson explained to'the audience the reading of the ordinance and how it would delay action.
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I 3. Planning Commission Recommendation - Conveyance to Lane County of city-owned right-of-way on
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I Terry Street north of West 11th Avenue - Conveyance of right-of-way is recommended, subject to con-
I ditions of the Public Works Department. This will enable the County to make street improvements.
McDonald moved seconded by Mr. Teague to uphold the Planning Commission recommendation and to
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II convey the right-of-way located along Terry Street, north of West 11th Avenue. RollcaJ.l vote.
All councilmen present voting aye, the motion carried.
4. Dedication of Cross as War Memorial, July 4, 1970 - Request from American Legion Post No. 3
The American Legion Post No. 3 has requested permission to affix, at the base of the cross, a plaque
I in accordance with the Charter Amendment adopted by the voters on'May 26,1970. The City Manager
I said that since the City had received a temporary relief of mandate,wMicp will be heard on July 26,
I or 27, 1970, the- City Attorney has advised that these have no bearing on the charter amendment,
except that it should be understood that the city of Eugene would follow the court's order in matters
I of the cross, anq if the plaque were affixed on July 4, 1970 and the cross ordered to come down on I
j July 5, 1970, the City would proceed to take the cross down. With that understanding, the 'City
would have no legal problem.
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Mr. McDonald moved seconded by Mr. Teague to approve the request of the American Legion PostNNo. 3
to _place a plaque, as provided by the charter amendment, but that the city of Eugene would follow
I any court order regarding the cross.
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Ii Mr. Oral Robbins spoke for the American Legion and showed the plaque that they proposed to place at --
II the foot of the cross.
I There-was some discussion about the provision of the charter amendment for a building permit, and
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I whether one would be required.
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A vote was taken on the motion as stated. Motion carried.
5. Request for Extension of Interim Airport Zoning - The County Commissioners will consider the
I extension of the airport zoning on June 30, 1970. They have indicated the extension hinges on pro-
I gress toward an Airport and Environs Master Plan. :, ~-~ Central Lane Planning Council is now doing an
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I Aviation Needs Study which should be completed in JUly or August and will be the basis for a master
plan. Therefore, it is necessary for some indication of the Council's intent to proceed'with a
Master Plan for the airport and vicinity. Funds will have to be budgeted, if not available from the
contingency fund for the 1970-71 airport budget.
I Mr. McDonald moved seconded by Mr. Teague that the Council indicate its intention of proceeding with 1 I
I a Master Plan for the airport with the studies available.
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I Mr. Ed Adkins asked to speak to the proposed extension of the airport, and asked to research the
I land acquisition for the airport for the future. He wished to report on whose land this was.
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i Mayor Anderson said that this would be public information.
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\ Vote taken on motion as stated. Motion carried.
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\ Upon moti.on duly made, seconded and carried, the meeting was adjourned.
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