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HomeMy WebLinkAbout09/11/1972 Meeting - \ 'Council Chamber 'Eugene, Oregon September 11, 1972 . Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by Council Vice President Wickes Beal, in the absence of Mayor Lester E. Anderson and Council President Fred Mohr, at 7:30 p.m~ on September 25, 1972 in the Council Chamber with the follow- ing other councilmen present: Messrs. McDonald, Teague, Williams, Mrs. Campbell, and Mr. Bradshaw. Councilman Hershner was also absent. Mrs. Beal recognized and welcomed members of the 9th Grade'English Class from Cascade J~ior High School, together with their instructors James VanAltvorst and Louise Gano. I - Public Hearings A. Rezoning from RG to RP-SR, 2015 Willamette Street (Hallock) - Subject to contract prior to Council action providing that (a) residential character of the property be preserved; (b) residential signing will be used; and (c) site review will be for the particular purpose of controlling ingress and egress, parking, and pre- servation of planting on the east side of the property. Comm B. Rezoning from R-l to C-l, area on north side of 18th about 292 feet west of 18th 8/30/72 Pub Hrng and Chambers intersection (Planning Commission) Planning comndssion August 7/14, 1972 recommendedaapproval of both items. . Mr. Williams moved seconded by Mr. Hershner that public hearing be scheduled for both requests. Motion carried unanimously. Council Bill No. 72 - Rezoning to RP-SR area at 2015 Willamette Street, subject to contract, was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it b~, read in full. Mr. Teague moved seconded by Mr. McDonald that the bill be read the second time by council bill number only; with unanimous consent :of ~he 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. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16612. I Mr. Teague noted that Council members had previously discussed these two rezoning requests and had looked at the properties on tour. I Council Bill No. 73 - Rezoning to C-l area on. north side of 18th about 292 feet west of intersection of 18th and Chambers was submitted and read the first time by council bill :. number and title only, there being no councilman present requesting that it be read in full. Mr., Teague moved seconded by Mr. McDonald 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 I bill number only. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16613. C. Bid Opening - Parks Department - September 6,1972 Amazon Village Parking Area - Wildish Construction Company $ 32,422.70 Devereaux & Pratt 35,485.60 Estimate 29,635.73 Planholders Eugene Sand & Gravel, Benge Paving, and Shur-Way Contractors did not submit bids. Parks Department reported $30,000 budgeted for this work, and recommended deletion ,,' of most of the sidewalks and award of contract for remaining work to Wildish for $23,693.55. Wildish is agreeable to this procedure. Bradshaw asked if there would be an advantage in waiting to award this contract in view Mr. of the action taken in holding award of contracts on the Churchill 'tennis courts until the busy construction season is over. Manager said it is a reasonable bid and it is desired to start construction. Mr. Teague asked if the revised bid would be in line with a revised bid submitted by Dever- eaux and Pratt, second low bidder, or if new bids should be called. Manager said the items - 2'3 9(11/72 - 1 - eliminated were bid on a unit price basis, so no prices are being changed, just a matter of cutting the quantity of work. Mr. Teague moved seconded by Mr. McDonald to award contract as recommended. Rollcall vote. All councilmen present voting aye, motion carried." . - Churchill Tennis Courts - Benge Paving $ 28,526.00 Wildish Construction_ Company , 30 _, 5 5 5 . 52 Estimate 25,4-4-9.14- Planholders Eugene Sand & Gravel and Shur-Way did not submit bids. Parks Department recommended award 'of contract to Benge for $28,526.00. Also, , that contract for lighting the courts be awarded to Hamilton Electric for $4- ,736 .00, their bid submitted July 21, 1972 and good until September 15, 1972. Cost of lighting was estimated at $5,240.00. Mr,. Teague moved seconded by Mr. McDonald to award contracts as re,commended. Rollcall vote. All councilmen present voting aye, motion carried. Mrs. Campbell commented that it might be interesting to the students pres~nt tp know that the contract covered construction of four courts, averaging $7,000 each, so they- could better realize what has to be considered in the way of finances when these facilities are built . Danebo Playground Concrete Work - Concrete Unlimited '$ 2,860.87 . Wildish Construction 4,194.70 Devereaux & Pratt 6 , 352 . 85 ~ Estimate 3,208.42 Parks Department recommended contract award to Concrete Unlimited for $2,860.87. Mr. Teague moved secondeLl by Mr. McDonald to award contract as recommended. R611cal'1 vote. 'All coUncilmen present voting aye, motion carried. Echo Hollow Landscape Development - Wildish Construction $ 31,532.05 Devereaux & Pratt 34,647.45 Estimate 26,592.60 Planholders Eugene Sand & Gravel, Benge Paving, and Shur-Way Contractors did not submit bids. Parks Department recommended rebidding on the basis that bids received were too high. I Mr. Teague moved-seconded by Mr. 'McDonald to reject bids on the landscape develop- ment and call for new bids later. Mr. Bradshaw favored postponing the Echo Hollow work but called attention to surface water . problem around the pool and asked whether something could be done ori a temporary basis un- til the landscaplng is installed. Parks Director said some of the drainage problems can I be taken care of with or without the landscaping and that it would be taken care of. Rollcall vote was, taken on the motion as stated. All councilmen present voting aye, motion carried. Amazon Village Community Center Moody Byron A. E. V. A. ~Landma:rk Vik" ,& Sons Nelson Stafford, Harding I Basic $225-,000 '$205:,~44 $221,000 $201,441 $203,160 $249,630 Alternates 252,550 230,350 246 ,776 227,138 230,355 266,229 #1 Walk Canopy Add 13,500 12,233 13,369 11,555 10 , 886 11,085 #2 Parking Lot Lighting Add 7,320 7,054 7 , 368 7,063 8,135 7,377 #3 Site Concrete Work Add 6 ;730 5 ,-,4fL9 ,,'_ 5 '~039 ~7;O79 8,,174 5,137 Earth Excavation & Backfill 2.50 5.15 2.00 Cost +10% Negotiate 4.50 c.y. -1. 00 2000# Concrete, Unreinforced ,82.00 65~50 45.00 ' " " 55.00 Footings c.y. .- 3000# Concrete, Reinforced Foundations'& Footings 157.00 152.25 100.00 " " 65.00 --- c.y. -41.64 ~ Parks Department recommended award of contract to Byron Nelson Construction Company to include all three alternates for the total low bid price of $227,138.00. Architect's estimate was $235,120. ZI. If 9/11(72 - 2 Mr. Teague moved seconded by Mr. McDonald to award contract as recommended. Councilman McDonald questioned the "cost + 10%" item for earth excavation and backfill. Parks Director said most of the excavatruon will be done by City crews, but it was decided a figure should be included in the bid in the event extra work is needed. He said cost -- figures are available if desired; the work will be held within the basic bid. Rollcall vote was taken on motion as stated. All councilmen present voting aye, motion carried. II - Items Considered With One Motion Previously discussed at committee meetings on August 30 (Present: Mrs. Beal(presiding) , Messrs. McDonald, Teague, Williams, Hershner, and Bradshaw) and September 6, 1972 (Present: Councilmen Mohr(presiding), Beal, McDonald, Teague, Williams, Hershner, and Campbell). Minutes of those meetings appear below printed in italics. ~, A. Use of Sidewalks for Bicycles - Councilman Williams suggested the Council make a, policy statement that sidewalks are the logical places for operation of bicycles and that a high priority goal of the engineering department will be the develop- ment of a clear and satisfactory method of ingress and egress to and from side- ; walk areas. He sa.id in most instances right-Of-way separate from automobiles is I :available, the major ];roblem is difficulty in getting on and off the sidewalks I 'when crossing streets. Mr. McDonald asked whether bicycles are now allowed on sidewalks. Assistant . I Manager replied their use is not prohibi ted except in designated areas downt,own : and absolute prohibition in the downtown mall. He suggested as a courtesy the Mayor's Bicycle Committee be instructed to prepare a policy statement in this , regard. Mr. Williams had no objection, but expressed his concern that the ~ situation has been under discussion for some time, new sidewalks are being con- structed, and nothing has been done to permi t easy access for bicycles. He ; feels the greatest amount of good for bicyclists would be in this direction, I since there would be the least necessi ty for right-of-way acquisi tion. He wouLdj ; like to see it given top priority. -, Mr. Williams moved seconded by Mr. Bradshaw that the Council request the Bicycle; Committee and Engineering Department to develop a procedure that could be con- ,sidered by the Council for providing bicycles maximum use of ingress to and egress from sidewalks. :Mr. McDonald asked if it was the intention that in outlying areas bicycles i I 'would have to use sidewalks. Mr. Williams reiterated his opinion that sidewalks! ; in heavy traffic areas are the logical places for bicycles and access from i :streets should be made convenient wherever possible. COmIn 8/30/72 ',Vote was take~ on the motion as stated. Motj.Q!l CiJ!:,ri~q uI?animo~~~}L..__ ____ __~__~ Approve '. Melvin McDerman, 3625 Willamette Street, asked about this item and said he has been advocat- ing use of sidewalks for bicycles for years. Councilman Williams explained to Mr. McDerman his thinking in making the proposal. I B. Vacat~ons Recommenaea ror Approval _ Planning Commission August 7/14,1972 1. Easement at West 24th between Washington and Lawrence (Estola) 2. Monroe Street between West 28th and Lorane Highway (PUblic WorkS) iCouncil viewed both sites on tour. Mr. Bradshaw moved seconded by Mr. Williams that public hearing be scheduled for both requests. Mr. Williams said he thinks the vacation of the Monroe Street area should have been a part of the record at the time the street paving in that area was con- , sidered by the Council. He asked that Council, prior to the public hearing, COmIn be provided with a history of what people were and were not told. 8/30/72 Moti on carr~ ed unanimo,!sJ:!:J_~ ___ ____ ___ Approve Vote was taken on the motion as stated. ---'.----------. - --- __u___"___, __._ _. .",u... __._____ ..... -.- C. Staff Author~zation to Amend 5CS Agreement, Amazon and Lower Flat Creek Project - ,Council recently authorized a minor adjustment in City's share of this project icost, and it is expected other minor adjustments will be necessary, which is normal in handling of unit price contracts. Staff requests authorization to adjus~ the contract on this project within 10% of the contract price to avoid coming to i the Council with many requests for small amendments. ,Mr. McDona1cLrnoved seconded1!.y. Mr. He~shrler..E-()~I?p'rove _t~_r!!ques_~__~___ .-;-~. ;-u_, -,r...-~"'-- ...t: :", .'._ . 2 '5 9/11/72 - 3 Mr. Williams asked if his understanding was Correct that any-oontract- other than - those with SCS, approved by the City, can be adjusted by 10%. Assistant Manager nip11.ed that when change orders develop as a result of problems or design change's~1 :in Public Works contracts on unit price bidding staff can make those adjustments , - ;so long as they are wi thin 10% of the contract pri ce. If a change is more than - :that or is a particularly sensitive matter, it would be brought to the Council ,for authorization. Public Works Director said there is no limitation on the anx:>unt of a change but City contracts do provide a device for change orders mak- ,ing it mandatory for contractors to negotiate changes. If under 10%, staff can quthorize; more than 10%, Council must authorize. He said the major point in . [requesting authorization on the SCS contract is to forego adopting resolutions. !SCS requires Council resol ution for any amendment regardless of amount, and ;adopting one resolution authorizing any amendment up to 10% would obviate a great ! deal of paper work. Mr. Williams suggested staff write Congressional representa- I :tives in an attempt to do away with some of the red tape. Comm : 'B/3{3/72 I Motion carried unanimously. Approve ,Vote was taken on the motion as stated. D.Federal Flood Insurance - Council recently authorized procedures to make the City eligible for flood insurance under Federal subsidy~program. Problems have been ; encountered wi th the program and amendments thereto. '. , :Public Works Director said the Federal people want more definitive language with regard to use of zoning ordinance to establish a flood plain. Further, informa- tion feedback from other areas in which major floods have occurred indicates . those having coverage under this program would not b~, ,eligible for help from other Federal programs in the event of a disaster. He said not very many people have requested insurance under the program since adopted by the Council, and unless there is strong acceptance it would appear to be better not to have it. iHe added that building and zoning codes would have to be amended to comply with 'Federal regulations governing the program besides enforcing flood plain legis1a- jtion, making it an entirely different program than when initiated. Assistant '. :Manager said unless the entire community purchases the insurance, this program would preclude Federal disaster assistance, and lacking public demand staff 'feels it unwise to pursue. In answer to Mrs. Beal as to whether City properties are covered, he said City properties would also be denied Federal aid in a disaster if the community was covered under the flood insurance program. Councilman Hershner recalled his concern about the amount of staff time necessary to comply with Federal requirements under this program, and said for that reason and because of elimination of other aid he would favor dropping it. Mr. Williams said he feels there is no great need for this type insurance in view of no significant threat of floods in the City. Public Works Director concurred, I saying there is only one small area within the City liable to flood, and parts of the Wi11akenzie area downstream from the City. Comm 8/30/72 . It was agreed a resolution would be brought to the Council repealing the previous Approve authorization. E. Petition, Sanitary Sewer on Bertelsen Road from 11th north to Amazon Creek (51.6%) Comm ,Mr. Williams moved seconded by Mr. McDonald to accept the peti tion. Motion 8/30/72 carried unanimously. Approve Copies of Summary of Contract between the City and AFSCME, Local 1724-A, were ,. F. distributed to Council members. Assistant Manager said the contract is the only agreement to be reached this year without beginning arbitration and comes~ within the level of expenditure the City expected to pay. Increases comply , wi th Federal wage restri ctions. Staff recommends Council authorization. :Answering Mr. Williams, Assistant Manager said the total Federal limit of : 6.2% inc1 udes fringe benefi ts. , : , Mr. Williams moved seconded by Mr. Hershner to approve the contract. Motion : carried unanimously. Comm Mrs. Bea1 offered congratulations to Mr. Long, personnel director, and the 8/30/72 administration for having been able to work out an agreement without arbitra- Approve ~.~ tionand without going to Court. -->.i G. AppOintment, Eugene -Renewal 7i.gency, Farrell -..: Co un cFIinan -Mohr announced Council subcommittee recommendation for'appointment of Harry Farrell, 2301 VanNess Comm Street, for rr:embership on the Eugene Renewal Agency for the term ending July 10, 9/6/72 1976 (rep1ac~ng Wallace Kellogg,. .who declined reappointment) . Approve 2" 9/11,/72 .,..4 , , H.' :Mall Regulations - Copies of redraft of mall regulations with alternative Section 4.872 attached (prohibiting use of lawn areas) were distributed to Council members. Assistant Manager explained changes from the last draft: (1) Improved language in Section 4.872 to distinguish between being upon covering structures as opposed to . entering into them; (2) Inclusion of Section 4.875 dealing with use of the fountain, / whi ch was omi tted from the previous draft, prohibi ting the fountain's use for any- thing other than wading or viewing, and (3) Improved language in Section 4.877, paragraph 14, to more clearly state midnight as the cutting off time for permitted activities. Hopefully by next committee meeting, Assistant Manager said, a pro- posed amendment to the Code will be ready for presentation with regard to behavioral conduct which can be applied throughout the City. Councilman Mohr asked why, when another section of the Code deals wi th behavioral conduct in public places, it is necessary to include it in the mall regulations. Assistant Manager explained that the proposed amendment has to do with that sec- tion of the Code dealing with behavioral conduct in any public place in the City. 'There was some question as to whether it adequately covers the mall situation also. 'Mrs. Beal repeated her suggestion that a small free speech platform be constructed in the mall, labeled and designed so as to be readily available to any person wish- 'ing to speak on any subject without benefit of amplification or prior notice. She said the City should supply a small portable microphone for those who wish to schedule use of the platform, its proposed use thereby serving as reservation of the platform. This being a political year, she said, and with so many municipal candi dates seeking offi ce wi thout pay, especi ally those who can't afford wi de .-~ advertising, the Platfo..rm would provide an. opportunity to attract no. t~.'c. e.. fr..om. the news media. She said it would serve as a reminder that the City welcomes_ Ae,w ideas and innovations ana- woul(rattract~more people to the mall. Furti;er, it would reaffirm the belief in constitutional right of free speech. Upon Mr.Hohr's suggestion that this question be set aside until regulations are decided upon for the mall, Mrs. Beal said she would like to see the regulations contain pro- vision for a place for free speech. Mr. Williams said the suggested platform would appear to entail expenditure of funds, and that it would seem questionable whether the Ci ty woul d want to provi de an amplifier system so that persons could inflict their views upon others. Mrs.Beal replied that there is a complete amplification system available to those having large meetings. What she has in mind is provision of a small portable system to help those persons addressing small informal audiences. Manager explained that 'the City does not provide any of the public address systems used in the mall by people carrying on meetings. I The discussion turned to use of the lawn areas, Mr. Hershner repeating his posi- 1 tion that those areas should not be used for walking, sitting, lying, or standing. Assistant Manager said as a practical matter if the alternative section is included, prohibiting use of the lawn areas, the grass should probably be removed and shrubs '~.- . installed. He said from staff standpoint the easiest way to administer that pro- ,., ,vision would be to. remove the grass, rather than going through the hassle of try- .' ,ing to enforce "keep off the grass" signs. Mr. Teague suggested pursuit of improvement of language in the behavioral conduct I code rather than removal of the lawn areas from the mall, with the idea that the problem could be worked out before next spring. Manager said he feels the best approach should be one of reviewing the behavioral ordinances and enforcement of .behavioral standards rather than removing the grass. Removal would be the only practical way of trying to resolve the problem from an enforcement standpoint, and its removal would detract and disturb the tone of the entire mall area. Ruth Miller, Renewal Agency member, supported Manager's position, and strongly opposed removal of the grassy areas. ;Ed Wilson, president of the Eugene Downtown Association, said those people causing the troubles are the hangers-on and something has to be done to remove them. If they are allowed to remain, he said, business people will not renew their leases in the mall. The Association wants the mall, they believe it is an attractive I area, but those persons throwing rocks, wri ting on windows, panhandling, must be 'told to stay out. 1,- Mr. MeDonal d asked if, the Ren~"'a~ Agency in renting or selling its properties in . ,the mall has trouble ~n negot~at~ons because of the problems encountered ~n that area. David Hunt, ERA director, said there have been some negati ve reactions. He said there still will be social problems not necessarily connected with the mall. Councilman Hershner said he did not intend to move adoption of the al ternati ve 'section prohibiting use of the lawn areas since he would not like to see those a!~c:~ _elimi1!at,!d ~~~q__,~~ 1l~~!l_0 _q~arre~ _ &!-o.~~-E!EbleITlE!_9Len_~orcf:!rnent_:___ He too _~__ _ ___ ~ I:, 7 9/11/72 - 5 favored quick progress on' reworking of the behavioral ordinances in attempting . to resolve the problem. Councilman Williams said the Council is still faced wi th a question of. what to do _ ,to eliminate the problem. He suggested the Downtown Association present specific . 'requests they believe the Council should comply with and have the City Attorney , comment on those which could or could not be carried out. Mr. Wilson said the Association has presented such requests. They were taken into consideration when- the new regulations were developed. Some were incorporated. He added that the request to prohibit use of the lawn areas was dropped, but/the Association feels it should be included. He repeated their thinking that the peop1~_J'l1)o/are causing the problems should be banned from the mall. Manager said the DOwntown Associa- tion has been involved in development of the regulations since the mall originally : opened. Those now being considered by the Council, he said, are based on considera- tions of how best to accomplish primarily what a majority of the community wants and are felt to be a workable tool which will help. _ c/---~~ Assistant Manager re-emphasized Police Chief's position that it is a problem of . enforcement since these occurrences are usually misdemeanors and cannot be pro- secuted without actual observance by .a pol~ce officer. He said citizen participa- tion is necessary in the filing of compla.ints'i:rthere is to be any real progress in resolving the situation. Councilman Bradshaw favored further work on strengthening the behavioral conduct code. Mrs. Bea1 said the problem may be that because there are not very many people in the mall area those who are there become lOOre obvious. She said she . was not sure they are the cause of keeping other pec?ple away, that some acti vi ty . . 'attracting other People would make the objectionable ones less noticeable. The use of the mall by the EnA itself, she said, for outdoor sales and other outside commercial or cultural activities would serve as a focus to attract more people..' Mrs. Campbell wondered whether Mr. Hunt in his contacts with people in like posi- tions in other cities had gained information on how they solved similar mall problems. Mr. Hunt replied he didn't, it being an administrative problem depend- ing upon individual communities. He said a lot of cities which do not have malls are having the same problems. Mr. Bradshaw moved seconded by Mr. Williams to schedule a public hearing on the regulations . Manager asked clarification. He said the regulations are in ordinance form and public hearing is automatic in adoption of an ordinance. He wondered whether the Council wished to schedule and advertise for public hearing, since it would in a sense duplicate the administrative hearing held on ,this set of regulations. Councilman Teague said he hoped work would proceed on additions to the behavioral conduct code to allay some of the communi ty' s concern and the possibili ty of loss . of business outlets from the mall area. .., 0/ With the consent of Mr. Williams, Mr. Bradshaw changed his motion to bring the regul'!tions ordinance to the Council for adoption. --- ------ Mr. Mohr commented on the situation of the Council's having before it for adoption an ordinance which had not been placed under public scrutiny and with comment from only a selected group. Assistant Manager said this set of regulations was the subject of substantial 'testimony and debate in the administrati ve hearing wi th compromise of divergent views. He added that there should not be ~y -criticism I on the availability of the document. Mr. Mohr asked for a definitive statement as to where the failure was in the previous adoption of the mall regulations and why~it is having to be done in this : manner. City Attorney said the statement would be ready for/the September 11 I Council meeting. -- Comm ,Vote was taken on the motion to bring the ordinance for adoption. Motion carried 9/6/72 unanimously. . Approve Mr. Mohr added that adoption of the ordinange would constitute public hearing . confined to this draft only. - c , ~. Manager said' he believes there is improvement in conduct in the mall area this f summer over last year. He expressed concern that negative comment on the mall seems to be all that makes news and this results in re-enforcing those people who may be misinformed about the total asset this mall is to the community. He hoped there would be no further discussion on these problems, as debate on this matter time after time is a great disservice and is doing more damage to the communi ty 2 ~ L R 9(11/72 - 6 \ on the basis of rumor than the few and scattered incidents of unacceptable be- havior taking place in the mall. Councilman Mohr called attention to the recent community survey which indicated the types of people in the mall had nothing to do with keeping others away. It did indicate those responding did not come to the . mall because of inadequate transportation, parking, and poor selection of mer- chandise. He shared Manager's concern. Mr. Wilson said there is no doubt business has increased but the conduct problems still cannot be overlooked. I Mr. Bradshaw left the meeting. I.Charter Amendment Peti tion , Voter Approval for Restricted Access Thoroughfares - Copies of the proposed amendment were previously distributed to Council members. Councilman Williams said this amendment proposes something which he feels will hamstring requirements on almost any kind of future development and wondered if there would be opportunity for discussion at the time a decision is made whe- ther to place the measure on the November ballot. It was recognized that the September 11 Council meeting would be the last opportuni ty for placing any measures .on the November ballot. :Mrs. Beal moved seconded by Mr. McDonald to place the measure on the November 7 .ballot. City Attorney explained that the Council may place the measure on the November bal- - I :lot, or if no action is taken, in his opinion, State law requires that it come before the voters at the next City election, or Council could call a special City . eJection. Mr. Mohr suqgested discussion at the next committee meeti.l}_~_of me~iJ=.s .... of the issue. Mr. Williams felt there would not be enough time before the Comm November 7 election to discuss the impact of the measure. 9/6/72 Vote was it~ken on the motion Cl,~,~~Clt~q._ Motion carried unanimously. Approve .. __ ...._. ~....J .' ---_.._._~~--_..... -_._.,._.~.._-~,_...,. . , J. Council Minutes - July 24 and 26, and August 14, 1972 as circulated. Approve K.Mall Regulations - Administrative hearing held on the proposed mall regulations at the direction of the Council resulted in further revisions of the ordinance~. Copies of the revised regulations were previously distributed to Council members.' The revisions and re-enactment of the regulations are also in line with City Attorney's opinion that the original ordinance could be subject to Court challenge as to the form of adoption. . Assistant Manager reviewed propos.ed ordinance, saying there are no major chant/les I in the authorized or prohibited activities. Some changes have occurrred in specific areas because of problems encountered in enforcement or lack of need for I enforcement. These changes have to do with (1) declaring purpose of the mall in that it reflects uses of some of the facilities rather than a blanket statement of purposes; (2) prohibiting climbing on structures not inteded for climbing, . primarily the central fountain and covering structures; (3) permitting seeing- eye dogs in the mall area; (4) issuing of permits for non-commercial activities by staff, requiring Council approval of permits for commercial pursuits; (5) im- proving permit procedures to give interested parties an opportunity to object to issuance or the right of appeal on denial; and enabling issuance in less than I seven days of application if deemed in best interests of applicant and 'City; (6) criteria for permits remaining basically the same as in the original regula- tions, with the addition that it would be an offense for anyone to interfere with or disturb a permitted activity. A section has been added indicating that the Ci ty in granting a permi t is not denying any consti tuionally guaranteed right, but is restricting the area of the mall where that guaranteed activity can be conducted; i.e., directing the place of the activity as distinguished from tne :activity itself. , . IAssistant Manager noted that in considering the ordinance the Council in a sense ~would be conducting a public hearing, this at the September 11 Council meeting. ~Mrs. Beal ruled however that public comment would be heard at this time. Vern Hoffman, 873 Willamette Street, questioned the reason for not prohibiting people from the grassy areas. He was concerned wi th the importance of not blocking , .access to the businesses on the mall. He commended the'Police Chief and the . officers for their tolerance and restraint in handling incidents in that area. Assistant Manager said some of the acti vi ties in terms of behavioral problems on , . the mall are not condoned, but the grassy portions are not intended for pedestrian byways, rather as areas similar to those in parks where peop'le c~. ff!it 'aT!g__r~1..~Jc.' He said there are specific provisions in' the regulations to keep pedestrian ways ,and access to abutting properties open. Police Chief said the gra~sy-areas do Itend to encourage some objectionable activities, but it i~ a ,question of pro- 'hibiting certain conduct or just sitting on the grass, which a fairly large number ~people..~c!o '~l1jC?y_. -. _.- -'-~ ---~ -- ,--- ---- .~-~- "----_._-_.~. - -. -2~9 9/11/72 - 7 _ _--.;- ___ _ _ _ __ ~_L____. _~~ ~ ~_ Jeffry Spolan, 2250 Lorane Highway, had two questions on the reg u,J:a,tioi?s ':'; (1)- Whether it would be considered a violation if participants in a th,eatricaltype', activity comprising a large number of people spilled over into the area of I _ another permitted activity; and (2) whether Police Department interference with: .. a permitted activity would be considered a violation. Les Swanson, City Attorney;s' ,., office, answered that participants in any permitted activity in a specific area, such as the central fountain portion of the mall, who spread out and interfere with another activity given a permit for another section of the mall, would be in violation. In answer to Mr. Spolan's suggestion that it might be better not to schedule two activities at the same time, Assistant Manager answered that the permit procedure resulted from this type situation which occurs frequently. Problems of confli cts arose and the permi t system was found to be the best way to guarantee reasonable use and scheduling as well as control of unacceptable conduct. Mrs. Beal suggested applicants who expected large participation should request permit for more than one section of the mall to avoid such occurrences. With regard to inclusion of the Police Department when determining interference with permitted activities, Mr. Swanson said if-pe.1ic are not acting under Eheir lawful authority making an arrest or inquiry they are entitled to make, that is, if they are acting as any other citizen and disrupting an activity taking place, then they are subject to the law the same as anyone else. Mr. Teague posed the question as to whether the regulations go far enough in re- stricting activities in the mall area. He said he has had complaints that ladies cannot go to the mall because of the harrassment, panhandling, offensi ve conduct, .- etc., especially at night. He said as long as revisions are being made, they should enable something to be done in this respect. Other incidents not in good , taste beyond those covered by general City ordinances, he said, are taking place and people should not be subjected to them. Chief Allen commented that his office receives the same sort of complaints about which Mr. Teague is concerned. The Chief said the problems are that some of the incidents found objectionable to some people are not violations of existing laws, and it would be difficult to obtain legislation to prohibit those activities. A majority of the violations are mis- demeanors which means an officer must have observed the incident before he can make an arrest. Otherwise, the victim of the in~ident - panhandling, harrassment, disorderly conduct - has the right to file a complaint, and the police are find- ing that a large number of people offended are reluctant to assist in the prosecu- tion. They expect the officers to not only make the arrest, but to carry through on the prosecution. Another problem faced by the Department is the number of man-hours required in attempting to keep the mall a reasonably acceptable area for people to enjoy. He cited statistics on number of arrests and the number of officers devoted to the three-square-block mall area. He said he is not convinced ,more officers assigned to that area will solve the problem. I' Councilman Teague wanted to know what needs to be done to prvent these incidents, what changes could be made in the regulations to enable better enforcement. .-. Assistant Manager suggested further revision of the ordinance language, working ," with the City Attorney to develop legislation which would inhibit "an inordinate display of affection in public," and it was understood this wou:l:d be done. Councilman McDonald referred to the part of the ordinance setting forth purposes of the mall and said he didn't understand why the Valley River Center or 29th and Willamette Plaza do not experience the same problems as the downtown mall. Councilman Williams felt the words"... climb or enter upon..." would be clearer than just "...enter upon..." a covering structure in Section 4.872. Orval Etter, . I City Attorney's office, called attention to the entire section which refers to shrubs, flowered areas, or a covering structure which calls for the present word- ing. He said, too, it is not only a case of climbing upon, but persons coming down onto the structures from above or from the same level. It was understood the language would be reviewed with idea of clarification in this regard. 'Mr. Williams suggested that in Section 4.876 the hours be stated as "...after mid- ,night..." rather than "...before 6:00 a.m...." to clarify the times when permit 'activities are not permitted. He asked too whether regulations governing use of bi~cycles on the mall are covere.d by other ordinances since there is no mention of . them in these regulations. Assistant Manager said, the language of this section !~OU,ld also be reviewed, and that the ge1)eral bicycle ordinance covers bicycle " ;: I i'egulations ~ Councilman Hershner said he never envIsioned'tfu3 mall as a park in the sense one- normally thinks of a park; i.e., having grassy areas to sit or lie on. He. asked whether some of the probieniS'about which people are concerned would be allevi~.ted .. .\ . " . .' ' . "', '. . if walking, sitting; or lying on the grassy areas were prohibited.!fnd.whether from a legal standpoint;: "keep ofr,', t.ne grass" signs could be installed in the ..Qowntown mall. " ' ,k v ,.2 7 0 9/11/72 - 8 \ i . Assistant Manager said it would not seem consisten~ to install open, green areas for public use then prohibit the public from using :tl?E!m, and that the "orig~nal purpose of the mall was to improve the ~esthetic, va,iui?:of the ,downtown ,'i!iieci" giving it a traditional town square type setting~Mr~ Swanson said there is no legal -.. difficulty in prohibiting use of the grassy areas, but that the real question would appear to be whether to keep people off the grass or keep particular types of people off the grass. He said the reaction to people in business suits sitting on the grass chatting would probably be different than to those dressed in another manner. Police Chief thought there would be some relief from complaints regarding some of the borderline conduct should use of grassy areas be prohibited, but he too would be concerned whether it would be well to keep everyone from thoseareas in attempt-,,' ing to correct conduct. He said he personally would like to continue working to- ,ward correcting the conduct problem rather than prohibiting use of the areas al- together. Mr. Hershner moved seconded by Mr. McDonald that the Council give some considera- tion to extension of the regulations to prohibit persons from the grass areas in the mall, and that the staff draft such an addition to the regulations. Councilman Bradshaw suggested planting shrubs instead of grass in those areas, thereby removing the "attracti ve nuisance" and avoi ding a maintenance problem. Mr. Hershner did not favor this suggestion, saying a more direct method of keep- . ing people from use of those areas would be better. Assistant Manager asked for clarification of the intent. Was it to sol ve the behavioral problems or have a . mall without any green grass areas. Mr. Hershner repeated his view that he never thought of the mall as a park in the sense of walking, sitting or lying on the grass and his question as to whether prohibiting use of the grass areas would alleviate some of the problems. He said he feels the grass is to view the same as trees or shrubs, and people should stay off of it. Councilman Williams agreed referring to the purpose of the mall as shown in the ordinance being for cultural and commercial activities, but no reference to its being used for park purposes. He said none of the purposes listed seem to fit in with lying on the grass. Mr. Spolan called attention to the children's play areas which, he said would seem to be park uses and asked whether children would be prohibited from using those areas. Mrs. Beal said prohibiting people from use of the grassy areas does not get to the root of the problem, and that it seems the objections are to the dress and appearance of the people using those areas. She said that the regulations as I presented seem to be reasonable and she would like to see more emphasis on things that may be permitted rather than on what is prohibited. Mr. Teague said he', is not concerned with apparel, but with what a person is doing, regardless of how I dressed. Mr. Hershner said the basic thrust of his motion was to ]revent use of the grassy areas as a park, not in Objection to the kinds of people. He ob- jects to any person walking on the grass, saying in time there would be no grass . there with that type of use. Assistant Manager called attention to design of those areas which discourages their use as pedestrian ways, and Assistant Park Director noted there is no maintenance problem with the grass areas. Their main problem is with destruction of shrubs. I Mr. Hoffman said he is not opposed to the mode of dress, but people tend to congregate in those areas, throwing bottles, and conducting themselves in a manner so as to be destructive. He said it would seem if there were no grassy areas, there would be no parties. He compared the situation to swimndng pools fenced 'as attracti ve nuisances. ,Councilman Bradshaw was not sure prohibiting people from sittirgor lying on the grass would solve all the problems about which complaints are received, and said it would seem a problem of enforcing existing ordinances. Councilman McDonald commented on the fact that people do not feel safe in the mall area in the even- i_r:.~sc:.r:d that his store now c~oses ,a~ ,6 :00 p.m.. ___,_ . "--. - ,. Mr. Teague asked whether action on the motion could be postponed, saying he would like time to consider other things that enter into the question Assistant Manager said staff could try to put together alternatives in terms of language in the i . regulations for consideration at the next committee meeting. 'j Mr. Hershner had no objection, and the Chair ruled action on the motion postponed to the next j! ,committee meeting. Mrs. Beal suggested inauguration of a free speech platform in the mall. She re- ferred to the one in use on the University campus and said there has been no dis- j order in connection ,with-.it., Nr. McDonald was opposed to the idea, saying the ; place for it is not in the downtown area but in Skinners Butte Park. Mr. Williams .s..~!:9 !_t_wo..u1d not seem fair to request permits for some activities and let others , ---~_...-.-... ---~---- '--_._-_._~-~-_."-- -~.-..'---. -~._.- ~ 7 I 9/11/72 - 9 , .operate, freely.' It; was" his~-'thought that-anyone wanting to make a speech could secure' , .', <' ~ '- < .' a permit at' any time_. Mrs. Beal said her idea was construction of a sm,a.l,rp~atform 'away frpm the central 'fountain area wi th no amplifier which could be used6n:': the spur pi':the moment whenever a person chose to do so. Mr. Swanson said the present - regul~tions do not prevent that activity so long as not more than 25 people con- - gregate. If more than 25 people congregate then there would be a question of interpretation as to what is meant in the regulations by "meeting" as compared to an "address." IBob Thomas, ERA, said it was his understanding he had a guaranteed right to go on ~the mall at any time he chose and talk about anything he wished, except advocating :overthrow of the government. Mr. Swanson said it was a question of whether a 'meeting was called. If announced, a permit would be required. If was understood Mrs. Beal's suggestion would be brought back for further dis- Comm cussion at the next co~ittee meeting. 8/30/72 . Affirm Councilman Teague left the meeting. L. Council Meetings, October' 23 and November 13 -- Because of Vetera~-~s -Day 'October 23, and League of Oregon Cities meeting, November 13, it was ag;eed Comm Council meetings regularly scheduled on those dates will be held instead on 9/6/72 October 24 and November 6, respectively. Affirm M. ,Proposed' Changes, Housing Authori ty Board - Di ck ' Dani elson, member of the . Mayor's Committee on Aging, reviewed the Committee's request that the Council recommend to the County Commission changes in the Lane County Housing Authority I Board. In asking a recorrunendation for increase of the Board from fi ve to seven members, he said the Committee feels improvement is needed in geographical re- presentation as well as having the opportunity for members with better resource background. The Corrunittee also recommends that one or more women be on the Board, the number of consecutive terms be limited, and that Theo Allen, member of the Committee on Aging, be appointed to the Board. Robin Cushman, Planning staff, explained present representation on the Authority Board, and an informal survey on basis of population made by the Joint Housing commi ttee. Tabulations of the survey were distributed to Council members. She said that although the Joint Housing Committee has never made a formal recommenda- tion, it has concluded from the survey that based on population, if the Board is i~creased to seven, there should be three members from Eugene, ~ne from Spring- ffeld, and three from Lane County. Councilman Williams wondered whether the City should recommend the suggested I c!Janges to another governmental agency when it does not itself have the same , policy with regard to its own boards and commissions; that is, membership of seven, representation according to percentages of population in geographical . areas, consecutive terms limited, mandatory appointment of women, etc. Manager suggested a meeting between representatives of the.---fQunqil, Committee on Aging, Housing Authority Board, and Lane Count;:y Commission before position is taken by Council, giving the opportunity for all agencies to hear the recorrunenda- tions and reasons for them. Mrs. Beal suggested, too, exploration of powers and responsibilities of the Authority and its relationship with the City housing committees. In answer to Mrs. Campbell's question as to the duties of the Housing Authority Board, Mrs. Cushman said the Authority acts on any City request for additional housing uni ts in the Ci ty involving Federal funds. She said representation of cities on the Board depends upon whether there is a housing project in a city, this in answer to Mr. McDonald's question with regard to whether Oakridge or eastern Lane County is represented. In this instance, there is no representation east of Springfield. Further discussion resulted in consensus that the best approach would be a meeting between representatives from the Council, Lane County Commissioners, Mayor's Com- Comm mittee on Aging, Joint Housing Committee, and Lane County Housing Authority. 9/6/72 . Council President Mohr named Councilman Williams as the City's representative to meet wi th those named to explore the recommendations made by the Corruni ttee on Aging. Affi'rm N.' Copies of letter from Archie Weinstein were previously distributed favoring Comm .the vacation of alley r~nn.il1.g. north from 11th Avenue between Pearl and High 8(;30/72 ,peti tioned by Benjamin' Franklin Sa~vings & Loan. File - - ,2, 72 9111/72 - 10 \ O. Teleprompter TV Franchise - Councilman Williams asked if Teleprompter's action in rescinding prepayment pri vileges for their TV cable service, thereby dis- COJllIl/ allowing the 10% deduction for prepayment, is permdtted under their franchise 9/6/72 from the City. Manager said it would be checked. File '. I e P. Complaints, Shel ter House, 2308 Willamette - Councilman McDonald asked what Council members can do about complaints being received on operation of the Shelter House (granted at 2308 Willamette under conditional use permdt). : . He said both he and Mr. Teague have received many complaints and have heard ! ! that several in that neighborhood have sold their _ hom65_and lTK)ved. Manager '\ : suggested recording the nature of the complaints wi th name of the complainant, : forwarding the information to the Manager's office in order that a record may :be kept. The conditional use permdt will be reviewed after a period of time and it would be desirable to have a record of complaints at that time. Council- ; man Mohr suggested referring calls to other members of the Council who voted ,in favor of granting the conditional use. Mr. Teague questioned proposed operation of other facilities in the same neighborhood, including one to take care of overflow of young girls from \ Skipworth Home. Manager said the Planning Commission at i is September 5 meet- i ing denied a request for a group care home in that area, but not for overflow : from Skipworth, rather it is to house children under care of the Children's I Services Division of the State of Oregon who had to be removed from their homes because of problems there. The Planning Conmrission felt that particular site : was inappropriate and the facility not large enough for the purpose intended. .. He said another group care facility operating in that neighborhood is the i Corom ~ Looking Glass (located at 1960 Willamette, for runaway juveniles). In answer . 9/6/72 to Mr. McDonald, Robin Cushman, Planning staff, said there is no relationship File , between the Looking Glass and the Sh~lter House. :. ( Q,~_ Distribution ! 1. Letter addressed to Councilman McDonald re: Complains on Shelter House I signed by Dennis and Avis Warren, B. A. and Dorothy L. Crum, and Carla { Marie Shiman. " I , 2. Letter from Dean Rea, team manager, expressing appreciation of Valley Ri ver ~: Center baseball team for Ci ty co-operation and assistance during American :1 Legion playoff series. ;' 3. Letter from L. B. Day, director of Department of Environmental Quality, i in response to correspondence from the City re: Smoke from field burning. : I 4. Postcard from Mayor Anderson who is attending Olympic Games in Munich, Comm I Germany. 9/6/72 5. Letter from Natiqmal League of Cities inviting attendance at Annual Con- File ;...:... gress of Cities, November 26-30, 1972, in Indianapolis, Indiana. -. .- -- -.. - --. ....-- . .. _ __'__"_ ...._____. _..._...._... H -n....--..o-. _____,__ ~'---' R.,Natural Resources Advisory Committee - Councilman Mohr reminded Council members 'that recommendations for nomdnation of members to this committee are due . September 20, after which they will be screened and final recommendations made I ,by the Council. Mrs. Beal commented on lack of space on the profile sheets for background information on nominees, saying there should be space for more pertinent ',questions to help in making the final selection. Manager said the conmrittee Comm 'fel.t it;..should have at least the amount of information for which space. is_....__ 9/6/72 provided, but any additional inf~--;'matio~qwould be welcome and could be ' . File ~!l. t!!_~l'!....d _ C?1?__ !:-r:e back of the form or on an attached sheet. T _ .___.____._,.._..._._ ~.__.__.__._.__~._.___~ ',_ _ _'_._._._ _ _ .__ ___._, _ _ _.__ . S.'Meeting, Simplifying Election Procedures - Council was reminded of invitation frOm ,Sam Frear, chairman of School District 4J Board of Directors (copies previously I distributed) to a meetin~ with other local governmental agencies on Thursday, I Comm ! September 7, 1972, at 8 :00 p.m. to explore possibilities of combining future 9/6/72 levy elections. The meeting will be held at the District's Education Center, File 200 North__p,Jopr!'.f!: . ,__.. _.__,_ _.,,__,___ .__.______..____________ 4It Mr. Teague moved seconded by Mr. McDonald to approve, ~ffirm, and ~ile as ~oted Items A , through S. Rollcall vote. All councilmen present votlng aye, motlon carrled. III - Items Not Previously Discussed A. Petition for sanitary sewer within McD's Plat and within 160 feet north of 23rd between Grant and Garfield - 58% Mr. T~ague moved seconded by Mr. Williams to accept the petition. Rollcall ~o~e. Motion carried all councilmen present voting aye,; except Mr. McDonald abstalnlng. ., - .' -2 1 3 9/11/72 - 11 I I -f B. Seg:r.egi9.tion bf'Assessment ~ Sewer assess:roent'against property on Fox Hollow Road in the ownership of Arthilr' C. Niederhiser,4i20 Fox Hollow Road. $85.90 for the - portion segregated has been paid, leaving a balance of $2,068.39. -- MI'. Teague moved seconded by MI'. Williams to approve the request. Rollcall vote. All councilmen present voting aye, motion carried. C. Voter's Pamphlet, November' 7' Election - Copies of memo from Finance Director ex- Comm plaining requirements and cost for issuing a voter's pamphlet for the City election 9/6/72 to be held iri conjunction with the General Election on November 7 were distributed File to Council members. Manager explained that State law requires that a voter's pamphlet be published in the event a Charter amendment is submitted to the voters. An initiative petiton has been filed for a Charter amendment (restrictied access streets) and the other City ballot measures presumably would be included in the pamphlet. Estimat~d cost for printing (2,864) and mailing ($2,686) is $5,550. In answer to Councilman McDOnald, Finance Director said the cost would be about $900 if only the initiative petition is included. Mailing cost would not vary. Councilman Williams said it would appear the difference in cost for publishing informa- tion on the City's ballot measures seems megligible in light of the $15 million voters are being asked to approve. Mrs. Campbell asked why information would not be included on candidates. Finance Di- ,. rector answered that most candidates already have information to the State for inclusion in that pamphlet. And it would cost the City considerably more if it were included in the local one. -If information on candidates is included, he said, it must be submitted at least 70 days prior to election. Manager said staff would do some legal and cost research, mnce information on candidates has never been included in City pamphlets, and bring it to committee. Mrs. Beal asked whether statements for and against the ballot measures~would be included in the pamphlet. Manager said City would enter "foI'" statements, and Attorney said the opporhmi ty is there for anyone who wisheS. to enter ".against II statements. Mr. Bradshaw suggested postponing decision on whether information on candidates be in- cluded and said he favored inclusion of the City's own measures in light of the amount of money being asked for. Mrs. Campbell said she was interested in seeing candidates included because of voter confusion when considering City items along with a general election. Mr. McDonald asked cost to candidates for including this information, and Manager replied that would be included with the material brought to committee. I Mr. Teague moved seconded by Mr. McDonald to publish a voter's pamphlet. Jean Coleman ~632,1ties.t4tQAyen1ie~ <;as.ked,if, tb.ere.is a . word ,limit, and deadline for sub- .' :IDitting a statement for> the- pampIU.et ~', -Pinan'ce 'DireGtorreplied statements must be in the Recorder's office 30 Clays before election ~ ,There is no word limit, he said, only that it be contained on one page. There is no fee for the first statement against a proposal, after that a fee must be charged, and his office is recommending that i tbe $75 per page. Rollcall vote was taken on the motion as stated. All councilmen present voting aye, motion carried. D; Application, Open Space Grant, I Resolution No. 2101 ..,. Authorizing application to, HUD for Open Space Grant for $136,17S, 'for various parks development. projects was submitted. Manager said it is hoped to file this application for a portion of Federal funds allocated to this region as soon as possible for a 50(50 matching grant. If the _, application is approved, the funds will be used to help pay for various parks projects ~-' ady budgeted. Budgeted funds then will be available for other projects not budgeted at this time. Mr. Teague moved seconded by Mr. McDonald to adopt the r.esolution. Motion I carried unanimously. .- - '~ IV - Ordinances Council Bill No. 74 - Repealing Section 4.985 of the City Code, and adding to and amending the Code re: Mall Regulations, was submitted and read the first time by council bill number and title only, there being no councilman present re- questing thqt it be read in full. ~ 7~- 9/11/72 - 12 , Manager explained that this bill repeals the original- ordinance which adopted by reference a set of administrative rules and regulations. He 'said-Attorney recommended the regulations be specified in the ordinance so there would be no legal p~Qblems with their enforcement and pursuit in the courts. Furthermore, the Council at ,time of initial adoption pledged - review and change to reflect any 'problems arising from enforcement of the original rules. Manager reviewed specific changes in the regulations (see committee minutes August 30 and September 6, 1972). ' He noted that copies of the proposed ordinance we~emade available to the general public and were discussed in the news media. Buddy Asvich, 1212-C Street, Springfield, asked if the prohibition 9f_t;;:liIDQing,on plaI}t,____. materials will include prohibition of lying, walking, Or standing on the grass. Manager said it would not. David Gwyther, 2330 Floral Hill Drive, asked what disposition was made of the alternative Section 4.872 submitted for the Council's consideration." Manager said it was discussed at committee meeting, but the Council did not include it in the final draft. Mr. Gwyther commended the City administration for changes suggested in the regulations. He added that signs should be posted at entrances to the mall clearly indicating those things prohibited so there would' be no misunderstanding as to what is against the law'. He said that police should be aware of the difference between the types of people who are creating disturbances on the mall and the counter-culture people even though their appearance ,may be the same. Mr~ 'Gwyther also"expressed the opinion that arresting a person for,' bringing dogs on the, mall seems rather severe. Instead, citations should be issued. And he felt bicycles should be allowed between'9:00 p.m. and 6:00 a.m. when there are not many people on the mall, since it offers a short cut and there are,no curbs to jump. . Rachel Starr, 2551 Columbia Street, suggested that the free speech platform recommended by Mrs. Beal for installation in the mall should be constructed. ~. ~., . Mr. Asvich' commented' on the percentage of people using, tbe mall who are repeatedly arrested for disturbances. He suggested an effort be made by the community to develop community relations and educational programs to determine what is needed to eliminate the causes for the disturbances. Jean Coleman, 632 West 4th Avenue, asked how the number constituting a group of 25 would be determined when enforcing the section on assembly of crowds, whether it would include those merely passing with those paying full attention to a performance. Manager said the us~.. of. the number "25" was an arbitrary figure chosen to give something by which to measure assemblies and it would be a matter of judgment as to the type of group and whethe~ there is interference with other mall activities in progress. Ms. Coleman then asked if there would be guidelines in educating police and parks people in enforcing the ordinance. I Manager and Police Chief both commented on the extensive training program in existence for police officers, with additional training for those assigned to the mall area. Parks people in the mall observe only and report to police if incidents require enforcement action. Manager said police officers have had two years' experience with the present mall regulations and their enforcement, and no sudden change is expected in the way they are . handled. Mel vin McDerman, 3625 Willamette Street, wondered why there were none of the downtown business people present to answer questions and speak to those people using the mall. I Manager in re~ponse to Mr. Gwyther's comment about allowing bicycles on the mall explained that regulations governing bicycles are covered in another section of the Code, and if the Council is interested in exploring the possibility of allowing them after 9:00 p.m. staff would bring a recommendation. He said there was considerable staff discussion after this proposal was presented at the administrative hearing. He agreed with Mr. Gwyther's com-, ment with regard to differentiating between the counter-culture people and those of a criminal nature and said there is_ no_ intent of setting up a system of hassling people' who are law abiding citizens. Mr. McDonald expressed surprise that persons taking dogs onto the mall are arrested and taken to jail. Police Chief explained that the citation procedure is always used except when there is nb co-operation from the person to whom the citation would be issued - that is, if they will not give identification and other needed information, then the only recourse is to arrest them. ' If they do not post bail , then, -they would have to be put in' j ai l. He noted there have been instances of assault on police officers by those being ., issue citations. Mr. Teague moved seconded by Mr. McDonald 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. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and' given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16614 , , ,- , 2 75 9/11/72 - 13 - ::; Council Bill No. 75 :.. Amending Code Section 5.010 re: Defining ,Downtown, Mall, was submitted and read the first time' by'council bill number and title only, there being no councilman present requesting that it be read in full. ,,! Mr. Teague ,moved seconded by Mr. McDonald that the bill be read the second time by council bill - - number only, with unanimous9onsent- of the Couricil, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen'present voting aye, the bill was declared passed and numbered 16615 Council Bill No. 76 - Calling election November 7, 1972 with General Election re: Charter Amendment requiring voter approval of restricted access thoroughfares (initiative petition) was submitted and read the first time by council bill number and title-only, there being no council- man present requesting that it be read in full. Mr. Teague moved seconded by Mr. McDonald 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. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, 'the bill was declared passed and numbered 16616 Council Bill No. 77 - Calling hearing October 24, 1972 re: Vacation of easement at West 24th Avenue between Lawrence and Washington ,Streets was submitted and read the first'timeby council bill number and title only, there being no councilman present requesting that it be read in full. . ~~ .. ~ , - Mr. Teague moved seconded by Mr. McDonald 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. Mr. Teague moved seconded by Mr. McDonal~ that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16617. Council Bill No. 78 - Calling hearing October 24, 1972 re: Vacation of Monroe Street between West 28th Avenue and Lorane Highway was submitted and read the first time by council bill number and title 'only, there being no councilman present requesting that it be read in full. Mr. Teague moved seconded by Mr. McDonald 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. Mr. Teague moved seconded by Mr. McDonald that the bill be approved aild gi ven'final passage. Rollcall vote. All councilmen present voting aye,the bill was declared passed and numbered 16618.1 Council Bill No. 79 - Construction of sanitary sewer within McD's Plat and within 160 feet north of 23rd Avenue between Grant Street and Garfield Street was submitted and read the first .' time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Teague moved seconded by Mr. McDonald 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. -, ' ' ., - ,.. - Mr. Teague moved seconded by' Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16619. Council Bill No. 80 - Adopting plans ,and specifications for construction, of sanitary sewer I within McD's Plat and within 160 feet of 23rd Avenue between Grant Street and Garfield Street was submitted and read the first time by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Teague moved seconded by Mr. McDonald 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 rod the bill was read the second time by council bill number only. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. . Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16620. _.~-..,;. Council Bill No. 81 - Construction of sanita~ sewer on Bertelsen Road from 11th Avenue to north to Amazon Creek-was submitted and read the first time by council bill number and title only, there ,being no councilman present requesting that it be read ,in full. Mr. Teague moved seconded by Mr. McDonald that the bill be read the second time by council bill number onl~{;:~bth- 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. Z 7~ Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16621. Council Bill No. 82 - Adopting plans and specifications for construction of sanitary sewer . on Bertelsen Road from 11th Avenue to north to Amazon Creek was submitted and read the first t~me by council bill number and title only, there being no councilman present requesting that it be read in full. Mr. Teague moved seconded by Mr. McDonald 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. Mr. Teague moved seconded by Mr. McDonald that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16622. V - Resolutions Resolution No. 2102 - Authorizing amendments to SCS Lower Amazon and Flat Creek project not to exceed 10% of contract price, was submitted. Mr. Teague moved seconded by Mr. McDonald to adopt the resolution. Rollcali vote. All councilmen present voting aye, motion carried. Resolution No. 210e - Repealing Resolution No. 2014 authorizing participation in Federal e Flood Insurance program, was submitted. Mr. Teague moved seconded by Mr. McDonald to adopt the resolution. Rollcall vote. Mot ion car- ried, all councilmen present voting aye. Resolution No. 2104 - Authorizing payment of bills, claims, and progress payments for period August 28 through September 11, 1972, was submitted. Mr. Teague moved seconded by Mr. McDonald to adopt the reso~ution. Rollcall vote. Mot ion car- ried, all councilmen present voting aye. Manager reminded Council members of meeting with the Downtown Development Board at 10 :45 a.m. on Wednesday, September 13, in the McNutt Room prior to the regular committee meeting. He said he and the Assistant Manager would be out of town on the next Wednesday, September 20, so there would be no committee meeting on that date. If there was some immediate need that a meeting be held, Director of Pub- lic Works should be notified. I I Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, September 25, 1972. I //~/1C , 'IV Hugh McKinley Ci ty Manager , ~ 7 7 , " I .- '-- . , .. ,', .. ,- ~, . . . ,., I , " , .. I I I ,